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05/07/2018 City Council - Regular Meeting Agenda Packet
May 7, 2018 12:19 PM City Council Regular Meeting Agenda Page1 MAYOR Mayor Roland Velasco COUNCIL MEMBERS Marie Blankley Dion Bracco Daniel Harney Peter Leroe-Muñoz Fred Tovar Cat Tucker CITY COUNCIL AGENDA CITY OF GILROY CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET GILROY, CA 95020 REGULAR MEETING 6:00 P.M. MONDAY, MAY 7, 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, o r 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, t here 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 05/7/2018 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. Recology So. Valley Presentation of Business Recycler of the Year Award to Gilroy Garlic USA RV Park 2. Proclamation Naming May Bicycle Awareness Month 3. Proclamation Naming May 6-12, 2018 as National Travel and Tourism Week 4. Proclamation Recognizing May 20 -26, 2018 as Public Works Week III. PRESENTATIONS TO THE COUNCIL A. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL (This portion of the meeting is reserved for persons desiring to address the Council on matters not on this agenda. The law does not permit Council action or extended discussion of any item not on the agenda except under special circumstances. If Council action is requested, the Council may place the matter on a future agenda. Written material provided by public members for Council agenda item “public comment by Members of the Public on items not on the agenda” will be limited to 10 pages in hard copy. An unlimited amount of material may be provided electronically.) City Council Regular Meeting Agenda 05/7/2018 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 Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of the City Council or a member of the public. Any person desiring to speak on any item on the consent calendar should ask to have that item r emoved 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 April 16, 2018 Regular Meeting B. Acceptance of the Donation of a Kodiak Communications Van from the State of California Office of Emergency Services (Cal OES) C. Partial Tract Acceptance and Reduction of the Faithful Performance and Payment Security Bonds for In-Tract Improvements, Property Improvement Agreement No. 2016-01, Hecker Pass Heartland Estates Phase II Tract 10315 D. Approval of a Parcel Map, Property Improvement Agreement No. 2018-04 and Public Improvement Plans With Performance Food Group, APN 808-43- 005 City Council Regular Meeting Agenda 05/7/2018 Page4 E. Vacation of a Portion of Cobblestone Court Designated as a Public Street Right of Way in the Hecker Pass Specific Area, and Approval of an Access Easement and Covenant Agreement With Syngenta Flowers, LLC (APN 810- 85-034) F. Proclamation Recognizing Eagle Scout Joshua Ryan Lance VII. BIDS AND PROPOSALS A. Award of a Professional Services Contract to Wood Environment & Infrastructure Solutions, Inc. for Corporation Yard Storm Water Compliance Improvements Project No. 18-RFP-PW-405 1. Staff Report: Girum Awoke, Public Works Director 2. Public Comment 3. Possible Action: Award a professional services contract to Wood Environment & Infrastructure Solutions, Inc for design and engineering services for Corporation Yard Storm Water Compliance Improvements, Project No. 18 -RFP-PW -405 in the not to exceed amount of $118,200, establish a project contingency of approximately 10% ($11,800), and authorize the City Administrator to execute the agreement and related documents, including agreement amendments up to the contingency amount B. Award of a Professional Services Contract with BKF Engineers for the Design of the Monterey Road Rehabilitation, Project No. 18-PW-400 1. Staff Report: Girum Awoke, Public Works Director 2. Public Comment 3. Possible Action: Award a professional services contract to BKF Engineers for the design of the Downtown Monterey Road Rehabilitation Project No. 18-PW -400 in the not to exceed amount of $136,613, establish a project contingency budget of 15% ($20,492), and authorize the City Administrator to execute the agreement and related documents, including agreement amendments up to the contingency amount. VIII. PUBLIC HEARINGS A. Approval of the Community Development Block Grant and Housing Trust Fund Fiscal Year 2018-2019 Annual Action Plan City Council Regular Meeting Agenda 05/7/2018 Page5 1. Staff Report: Kristi Abrams, Community Development Director 2. Open Public Hearing 3. Close Public Hearing 4. Possible Action: Continuation of the public hearing for the Fiscal Year 2018-2019 Annual Action Plan for the Community Development Block Grant (CDBG) and Housing Trust Fund (HTF) to May 21, 2018. B. A Tentative Map Request to Subdivide a 103+/- Acre Site into 23 Multi- Family Condominium Lots for up to 125 Townhouse Units, 3 Parcels for Public Facilities (a Fire Station and Two Public Trails), 7 Private Open Space Lots and 4 Lots for Future Development on a Property Located North of Santa Teresa Boulevard Between West Tenth Street and Miller Avenue; APN’s: 808-18-003 (portion); 808-19-010 (Portion), 808-19-022, 808-19-023, and 808-19-024 (Portion), the Glen Loma Corporation c/o Tim Filice Applicant (TM 17-01) 1. Staff Report: Kristi Abrams, Community Development Director 2. Open Public Hearing 3. Close Public Hearing 4. Possible Action: Adoption of a resolution of the City Council of the City of Gilroy approving tentative map TM 17-01 to subdivide approximately 103 acres into 23 multi- family condominium lots for up to 125 townhouse units, 3 parcels for public facilities (a fire station and two public trails), 7 private open space lots and 4 lots for future development on a property located north of Santa Teresa Boulevard between West Tenth Street and Miller Avenue; APN’s: 808-18-003 (portion); 808- 19-010 (portion), 808-19-022, 808-19-023, and 808-19-024 (portion), filed by the Glen Loma Corporation c/o Tim Filice, Applicant. IX. UNFINISHED BUSINESS A. Introduction of an Ordinance of the City Council of the City of Gilroy Amending Gilroy City Code Chapter 10A, Section 10A.14 (Penalties) Pertaining to Fireworks Violation Penalties, and Adoption of a Resolution Setting Forth the Administrative Penalty Schedule for Certain Violations of the Gilroy City Code City Council Regular Meeting Agenda 05/7/2018 Page6 1. Staff Report: Scot Smithee, Police Chief 2. Public Comment 3. Possible Action: a) Motion to read the ordinance by title only and waive further reading; and b) Introduction of an Ordinance of the City Council of the City of Gilroy Amending Gilroy City Code Chapter 10A, section 10A.14 (Penalties) pertaining to fireworks violation penalties, and c) Adoption of a Resolution of the City Council of the City of Gilroy setting forth the administrative penalty schedule and late payment charges for certain violations of the Gilroy City Code B. Discussion to Commission a Community Poll to Evaluate the Potential of a Revenue Ballot Measure for the City of Gilroy 1. Staff Report: Gabriel Gonzalez, City Administrator 2. Public Comment 3. Possible Action: Council discussion and direction to either: a) Direct staff to solicit proposals from firms to conduct polling to measure community support for a potential revenue ballot measure and delegate authority to the City Administrator to select the most qualified firm ; or, b) Direct staff to cease all activities related to revenue measures options. X. INTRODUCTION OF NEW BUSINESS A. Decision on Preferred Alignment for Mobility Partnership US 101/State Route 25 Interchange Improvements 1. Staff Report: Girum Awoke, Public Works Director 2. Public Comment 3. Possible Action: Select preferred alignment for the US101/SR 25 interchange improvements and provide direction to Council representatives to the Mobility Partnership of the preferred alignment. B. Report on the Gilroy 2040 General Plan Update Process 1. Staff Report: Kristi Abrams, Community Development Director 2. Public Comment 3. Possible Action: Receive report and provide direction to staff. C. Approval of a 3% Salary Increase for City Clerk Shawna Freels Effective Retro-Active to January 1, 2018 City Council Regular Meeting Agenda 05/7/2018 Page7 1. Staff Report: Mayor Roland Velasco, Mayor 2. Public Comment 3. Possible Action: Approval of City Clerk’s salary increase to $117,870.40 annually. XI. CITY ADMINISTRATOR'S REPORTS XII. CITY ATTORNEY'S REPORTS XIII. CLOSED SESSION - NONE ADJOURNMENT MEETING DATES FUTURE MEETING DATES (* meeting is webstreamed and televised) MAY, 2018 7* Regular Meeting - 6:00 p.m., City Council Chambers 8* Special Meeting/Closed - 6:00 p.m., City Council Chambers 14* Special Meeting/Study Session - 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 AUGUST, 2018 6* Regular Meeting - 6:00 p.m., City Council Chambers 20* Regular Meeting - 6:00 p.m., City Council Chambers Proclamation of the City of Gilroy WHEREAS, the City of Gilroy joins cities and counties throughout the country in promoting May as National Bike Month, and the 10th of May, 2018 as Gilroy Bike to Work Day; and WHEREAS, Gilroy acknowledges that walking and bicycling are successful transportation modes that promote healthy living, alleviates traffic and parking congestion, reduces air pollution, and decreases fuel consumption; and WHEREAS, both National Bike Month and Bike to Work Day are effective in converting drivers into pedestrians, bicyclists and educating citizens about the environmental importance of walking and biking to school or work regularly; and WHEREAS, Gilroy’s efforts to promote Bike to Work Day 2018 include an Energizer Station at the Gilroy Transit Center, staffed by the Bicycle Pedestrian Commission and volunteers, and Gilroy Schools will promote Bike to School Day on May 9t, where schools will be hosting bike trains and bike rack decorating contests; and WHEREAS, during the past three years, Health Education Specialist Alisa Arce of the County Public Health Department has been the lead Safe Routes to School coordinator for several schools in the Gilroy Unified School District and has worked closely with the Bicycle Pedestrian Commission, Gilroy School District staff, crossing guards, City staff, Gilroy police, and most importantly the parents of students, to promote safe walking and bicycling to and from school; and WHEREAS, Alisa’s hard work and dedication has led to an increase in students bicycle transportation trips to and from school and she has assisted schools in receiving a Safe Routes to School action plan, and the City Council and Bicycle Pedestrian Commission wish to recognize Alisa Arce for her efforts. NOW, THEREFORE I, Roland Velasco, Mayor of the City of Gilroy on this 7h day of May, 2018, along with my colleagues on the City Council as Mayor, do hereby proclaim the month of May, 2018 as Bicycle Awareness Month _____________________ Roland Velasco, Mayor 2.A.2 Packet Pg. 8 Communication: Proclamation Naming May Bicycle Awareness Month (Proclamations, Awards, and Presentations) Proclamation of the City of Gilroy WHEREAS, travel has a positive effect on California and the Nation’s economic prosperity and image abroad, and it positively impacts business productivity; and WHEREAS, travel to and within the United States provides significant economic benefits for the Nation, generating more than $2.3 trillion dollars in economic output in 2016, with nearly $1 trillion dollars spent directly by travelers; and WHEREAS, travel is among the largest private-sector employers in the United States, supporting 15.3 million jobs in 2016, including 8.6 million jobs in the travel industry and 6.7 million jobs in other industries; and WHEREAS, travelers’ spending directly generates tax revenues of $158 billion dollars for federal, state and local governments; funds used to support essential services and programs, and travel is a pillar of economic growth, creating jobs at a faster rate than other sectors; and WHEREAS, in 2016, tourism in California contributed $126 billion dollars to state businesses, directly supporting $1.1 million dollars in California jobs and generating $10.3 billion dollars in state and local services; and WHEREAS, in 2016, lodging revenue in Gilroy was $19.8 million dollars which generated $1.78 million dollars in transient occupancy tax that contributes directly to the City’s general fund; and WHEREAS, leisure travel, which accounts for more than three-quarters of all trips taken in the United States, spurs countless benefits to travelers’ health and wellness, creativity, cultural awareness, education, happiness, productivity and relationships NOW, THEREFORE I, Roland Velasco, Mayor of the City of Gilroy on this 7h day of May, 2018, along with my colleagues on the City Council as Mayor, do hereby proclaim May 6-12th, 2018 as Travel and Tourism Week in Gilroy _____________________ Roland Velasco, Mayor 2.A.3 Packet Pg. 9 Communication: Proclamation Naming May 6-12, 2018 as National Travel and Tourism Week (Proclamations, Awards, and Presentations) Proclamation of the City of Gilroy WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities, and to the public health, quality of life and well-being of the people of the City of Gilroy; and, WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, employees of state and local governments, and the private sector who are responsible for rebuilding, improving and protecting our transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and WHEREAS, it is in the public interest for the citizens, civic leaders and children in Gilroy to gain knowledge of and to maintain a progressive interest in and understanding of the importance of public works and public works programs in their respective communities; and WHEREAS, the American Public Works Association has celebrated the annual National Public Works Week since 1960, honoring the engineers, managers and public employees who provide these services. NOW, THEREFORE I, Roland Velasco, Mayor of the City of Gilroy on this 7h day of May, 2018, along with my colleagues on the City Council as Mayor, do hereby proclaim the week of May 20th-26th, 2018 as Public Works Week in the City of Gilroy and urge all community members to pay tribute to our public works professionals, and to recognize the substantial contributions they make in protecting our health, safety, and to contributing to a higher quality of life. _____________________ Roland Velasco, Mayor 2.A.4 Packet Pg. 10 Communication: Proclamation Recognizing May 20 -26, 2018 as Public Works Week (Proclamations, Awards, and Presentations) 1 City Council Meeting Minutes 04/16/2018 City of Gilroy City Council Meeting Minutes April 16, 2018 I. OPENING A. Call to Order The meeting was called to order at 6:00 PM by Mayor Roland Velasco . 1. Pledge of Allegiance Mayor Pro Tempore Harney introduced Luigi Aprea GATE program students who led the pledge of allegiance in American sign language. 2. Invocation There was none given. 3. City Clerk's Report on Posting the Agenda Deputy City Clerk Suzanne Guzzetta announced that the agenda had been posted on April 11, 2018 at 4:15 p.m. Attendee Name Title Status Arrived Mayor Roland Velasco Mayor Present 5:58 PM Marie Blankley Council Member Present 5:56 PM Dion Bracco Council Member Present 5:57 PM Daniel Harney Mayor Pro Tempore Present 5:55 PM Peter Leroe-Muñoz Council Member Present 5:59 PM Fred Tovar Council Member Present 5:54 PM Cat Tucker Council Member Present 5:55 PM B. Orders of the Day There were no agenda changes. C. Employee Introductions Development Center Manager O'Strander introduced Fire Marshal Miguel Trujillo. Public W orks Director Awoke introduced Engineers Weston Hill and Paola Burke. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations Mayor Velasco presented the following proclamations. 1. Proclamation Naming April 29 - May 5, 2018 Small Business Week 2. Proclamation Declaring April 15, 2018 – May 13, 2018 as Paint the Town Purple Days III. PRESENTATIONS TO THE COUNCIL 6.A Packet Pg. 11 Communication: Minutes of the April 16, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 2 City Council Meeting Minutes 04/16/2018 Reymundo Armendariz spoke on the Justice for Stevie Juarez citizen group, and asked for clarification on the protocol for officer involved deaths, asking whether the officers involved in the incident were put on leave. He then asked what the city policy was on the use of force. Sally Armendariz expressed concern for what happened after Stevie Juarez was killed detailing the lack of notification for the family, and leaks from the police to the media. She then suggested that a community panel be formed to investigate the incident. Peter Ortiz, representative of San Jose Brown Berets, voiced objection to the police response and lack of communication about the death of Stevie Juarez, noting that the police had refused to release the video from the body-worn cameras. Robin Calderon asked the Council what will happen to the officers responsible for Stevie Juarez's death. Stephanie Sanbrano, cousin of Stevie Juarez, asked why no information had been released to the public, and further inquired about policies regarding officer involved deaths. Daniel Salcido expressed a wish for cooperation from the City about the investigation of the death of Stevie Juarez. Raul Maldonado asked to know what the City use of force policy was and asked to know how the police officers who killed Stevie Juarez would be held accountable. Gina Maldonado asked why body-worn camera footage of the death of Stevie Juarez wasn't shared with the public, stating that the family had a right to see the information. Destiny Fernandez stated that Stevie Juarez's death wasn't just another statistic. Bob Sigala stated that he was at the family service the day after the death of Stevie Juarez and was wondering what really happened, explaining that the perception was the city was covering up something by not being forthright with information. Monica Juarez explained that she believed that the officers who had been involved in Stevie Juarez's death could have handled the situation better. She stated that there should be accountability and responsibility for his death, explaining that no one should die needlessly. Mathilda Lopez asked when the body-worn camera footage of the apprehension of Stevie Juarez would be released. She then asked if the police officers involved in his death were still working. Adam Cavazos stated that he we would like answers on the death of Stevie Juarez. 6.A Packet Pg. 12 Communication: Minutes of the April 16, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 3 City Council Meeting Minutes 04/16/2018 Public comment was then closed. A. Gilroy Downtown Business Association Annual Presentation Gary Walton presented the annual report from the Gilroy Downtown Business Association. B. Presentation by Santa Clara Valley Transportation Authority (VTA) on Mobility Partnership Update for US 101/State Route 25 Interchange Improvements VTA staff presented the interchange proposals. IV. REPORTS OF COUNCIL MEMBERS Council Member Tucker spoke on launch of the Welcome Center's new mobile friendly website and announced the wedding expo at Gilroy Gardens. Council Member Blankley spoke on her recent meetings at SCRWA and South County United for Health, and announced the July 25th dinner with Sister Cities dignitaries from Takko Machi, Japan. Mayor Pro Tempore Harney spoke on the Arbor Day event on the 16th and announced the bike to the future contest May 5th at Gilroy Gardens. Council Member Tovar spoke on the Poppy Jasper Film Festival, Downtown Wine Stroll, Chamber mixer, and Leadership Gilroy event, and then spoke on the Silicon Valley Leadership Group regional economic forum. He concluded by announcing the Linda Callon scholarship awards in process. Council Member Leroe-Muñoz spoke on the Santa Clara Valley Water District advisory board meeting describing the increases to ground water production charges and price smoothing efforts by the District, and then spoke on the Cities Association meeting focus on affordable housing and financial assistance for affordable housing projects in Gilroy. Mayor Velasco spoke on the recent Economic Development Corporation meeting and highlighting a new business coming to Gilroy and proposed expansion of a self-storage business. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR (ROLL CALL VOTE) Mayor Pro Tempore Harney requested that the minutes of April 2, 2018 reflect that he arrived at 6:00 P.M., and the Council agreed to the modification. RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Council Member SECONDER: Dion Bracco, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker A. Minutes of the April 2, 2018 Regular Meeting 6.A Packet Pg. 13 Communication: Minutes of the April 16, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 4 City Council Meeting Minutes 04/16/2018 B. Opening of a Recruitment to Fill Three Vacant Seats on the Arts and Culture Commission C. Proclamation Recognizing Eagle Scout Brandon Hammer VII. BIDS AND PROPOSALS A. Award of Contracts to SDI Presence LLC for Enterprise Resource Planning and Land Management System Consultant Services The staff report was presented by Finance Director Forbis. There were no public comments. The maker of the motion and seconded clarified that the item was being approved with the understanding that a City standard agreement was being utilized. Possible Action: Award contracts to SDI Presence, LLC in the amount of $534,725 for Enterprise Resource Planning and $232,950 for Land Management System software selection and implementation consulting services, and authorize the City Administrator to execute the agreements. RESULT: APPROVE [6 TO 1] MOVER: Cat Tucker, Council Member SECONDER: Peter Leroe-Muñoz, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Tovar, Tucker NAYS: Daniel Harney B. Contract Amendment with CSG Consultants in the Amount of $400,000 for Engineering Plan Review, Construction Inspection, Transportation and Capital Project Services The staff report was 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 $400,000 for engineering plan review, construction inspection, and transportation and capital project implementation support services. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker VIII. PUBLIC HEARINGS A. Community Development Block Grant and Housing Trust Fund Public Services Funding Renewal Recommendations for FY 2018-19 The staff report was presented by Planner Carney. 6.A Packet Pg. 14 Communication: Minutes of the April 16, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 5 City Council Meeting Minutes 04/16/2018 The public hearing was opened. Steven Stratton spoke on the Gilroy demonstration garden funding reduction asking that the Council reconsider the allocation. Colleen Hodges of Live Oak Adult Day Services thanked the City for the continued funding of the adult day care services at the Live Oak facility. The public hearing was then closed. Possible Action: Approval of funding renewal of the FY 2018-2019 Community Development Block Grant (CDBG) funds and Housing Trust Fund funds to twelve nonprofit agencies. RESULT: APPROVE [5 TO 2] MOVER: Marie Blankley, Council Member SECONDER: Daniel Harney, Mayor Pro Tempore AYES: Velasco, Blankley, Bracco, Harney, Tucker NAYS: Peter Leroe-Muñoz, Fred Tovar B. Public Hearing to Establish a List of Properties Subject to the Weed Abatement Program and Adoption of a Resolution Ordering the Fire Chief to Abate the Nuisance Arising Out of Weeds Growing and Refuse Accumulating Upon Property in the City of Gilroy Pursuant to Section 12.51 of the Gilroy Code The staff report was presented by Building Official Allen. The public hearing was opened; there being none, it was then closed. Possible Action: Adoption of Resolution 2018-06 of the City Council of the City of Gilroy ordering the Fire Chief to abate the nuisance arising out of weeds growing and refuse accumulating upon property in the City of Gilroy, pursuant to Section 12.51 of the Gilroy City Code. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Daniel Harney, Mayor Pro Tempore AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker IX. UNFINISHED BUSINESS - NONE X. INTRODUCTION OF NEW BUSINESS A. Decision on Preferred Alignment for Mobility Partnership US 101/State Route 25 Interchange Improvements The item was continued to the May 7, 2018 regular meeting. 6.A Packet Pg. 15 Communication: Minutes of the April 16, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 6 City Council Meeting Minutes 04/16/2018 Possible Action: Select preferred alignment for the US101/SR 25 interchange improvements and provide direction to City of Gilroy City Council representatives to the Mobility Partnership of the preferred alignment. B. Discussion and Direction Related to Commercial Business Licenses - Gilroy City Code Chapter 13 - Licenses (Business) The staff report was presented by Finance Director Forbis. Public comment was opened. Gary Walton spoke on the issue of his commercial properties being assessed a licensing fee, and explained that he didn't believe he should be charged a business license for the buildings he leased. Chris Vanni stated that he believed a commercial property shouldn't be generalized as a business and should not be required to hold a business license. Jose Montes explained that he disagreed with requiring business licenses for commercial business owners. John Taft spoke on the lack of clarification in the city ordinance stating that he believed it was discrimination against commercial business owners. Public comment was then closed. Possible Action: a) The Council provided direction to staff to prepare an ordinance amending Gilroy City Code Chapter 13 Licenses to exempt commercial business properties, with definitions for commercial business licensing. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Dion Bracco, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker C. Consideration of an Allowance for Ground-Level Office Uses in the Downtown Historic District (Z 18-03) The staff report was presented by Development Center Manager O'Strander. Public comment was opened. Gary Walton spoke on the need for first floor offices describing the revenue that would be derived for the restaurants and other business in the downtown and changing trends from traditional office space use, suggesting that flex zoning be allowed. Tammy Brownlow of the EDC spoke in support of the ground floor use in the recommended downtown corridor. 6.A Packet Pg. 16 Communication: Minutes of the April 16, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 7 City Council Meeting Minutes 04/16/2018 Public comment was then closed. Council gave direction to staff to prepare an ordinance amending the City code for a 2 year period to allow for ground floor office use between 4th and 6th streets. Possible Action: Receive report and provide direction to staff. D. Presentation of Proposed 2018 Fireworks Enforcement Strategy and Consideration of Modifications to Gilroy City Code Section 10A.14 (Penalties) to Increase the Maximum Fine for Illegal Fireworks Citations The staff report was presented by Police Chief Smithee. There were no public comments. Possible Action: a) Approval of the Police Department’s proposed 2018 fireworks enforcement strategy; and, b) Direction to staff to prepare an ordinance amending Gilroy City Code Chapter 10, Section 10A.14 Entitled "Penalties" to increase the maximum fine for illegal fireworks citations from $500 to $1,000 RESULT: APPROVE [UNANIMOUS] MOVER: Daniel Harney, Mayor Pro Tempore SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker The Council voted to continue the meeting after 11:00 p.m. Possible Action: RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Daniel Harney, Mayor Pro Tempore AYES: Velasco, Blankley, Harney, Tovar, Tucker ABSENT: Dion Bracco, Peter Leroe-Muñoz E. Approval of Fiscal Year 2019 Capital Improvement Plan Projects for Funding by SB-1: The Road Repair and Accountability Act The staff report was presented by Public Works Director Awoke. There were no public comments. 6.A Packet Pg. 17 Communication: Minutes of the April 16, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 8 City Council Meeting Minutes 04/16/2018 Possible Action: Adoption of a Resolution 2018-07 of the City Council of the City of Gilroy amending the Fiscal Year 2018-2019 budget to incorporate a list of projects funded by SB 1: The Road Repair and Accountability Act. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Daniel Harney, Mayor Pro Tempore AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker XI. CITY ADMINISTRATOR'S REPORTS There was no report. XII. CITY ATTORNEY'S REPORTS There was no report. XIII. CLOSED SESSION 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 There were no public comments. ADJOURNMENT The Council adjourned to closed session at 11: 29 p.m. /s/ Shawna Freels, MMC City Clerk 6.A Packet Pg. 18 Communication: Minutes of the April 16, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) City of Gilroy STAFF REPORT Agenda Item Title: Acceptance of the Donation of a Kodiak Communications Van from the State of California Office of Emergency Services (Cal OES) Meeting Date: May 7, 2018 From: Gabriel Gonzalez, City Administrator Department: Police Department Submitted By: Scot Smithee Prepared By: Kurt Svardal Jason Smith Strategic Plan Goals Financially Sustainable and High Performing ☐ Livable Community ☐ Grow the Economy Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Acceptance of the donation of a 1991 Kodiak Communication Van from the State of California Office of Emergency Services (Cal OES). EXECUTIVE SUMMARY In 2013, a 1991 Kodiak Communication Truck was loaned to the City of Gilroy by the State of California Office of Emergency Services (Cal OES).The State is willing to donate the truck to the City of Gilroy if approved by Council. The City has been providing the maintenance for the van since 2013. BACKGROUND In June of 2013, Cal OES loaned a communications truck to the City of Gilroy for regional emergency services. The City of Gilroy has been the only agency using the truck on a regular basis. The truck was used to replace the Gilroy Police Department Hostage Negotiation Team’s vehicle, which was a 1960’s era bus. The truck is also used annually as the communications center for public safety services at the Gilroy Garlic Festival. 6.B Packet Pg. 19 The City assumed responsibility for the maintenance and fuel costs in exchange for being able to use the truck for our Hostage Negotiations Team; however since the City does not own the truck, we are unable to make any structural or appearance changes without approval from the State. In March 2018, Cal OES advised they are willing to donate the vehicle to the City of Gilroy at no cost. In order to take ownership, the governing body of the City must approve this transaction. DISCUSSION By taking ownership of the truck, existing restrictions would be removed and the City would have the ability to improve its appea rance and functionality. Staff would like to modify the interior of the truck to better accommodate our Hostage Negotiations Team. Staff would also like to modify the exterior paint/wrap design with Gilroy Police Department insignias. This would include painting/wrapping the truck to make it identifiable as a City of Gilroy asset. It would also include interior modifications to enhance operational efficiencies for both our Hostage Negotiations Team and our Communications personnel. ALTERNATIVES 1. Accept the Donation of the Kodiac Communications Truck from the State of California Office of Emergency Services. Ownership of this vehicle will not result in any additional costs to the City while increasing the efficiency of both the Hostage Negotiations Team and our Communications staff. Staff Recommends. 2. Reject the Donation of the Kodiac Communications Truck from the State of California Officer of Emergency Services. If the City chose not to accept the donation from Cal OES the City would need to find another vehicle capable of supporting these needs. Staff Does Not Recommend. FISCAL IMPACT/FUNDING SOURCE The van is currently assigned to our fleet as unit #3101. When taking possession of this vehicle the City decommissioned the old Hostage Negotiations Bus an d re-assigned those expenses to the fuel, maintenance and insurance requirements of this vehicle. Ownership would have no new costs. The Gilroy Police Foundation has committed to cover the cost to “wrap” this vehicle to enhance its appearance and identif y it as a Gilroy Public Safety Asset. Interior modifications will be done by City staff. Any expenses related to materials and supplies will be covered through asset forfeiture money thus negating the need for any general fund expenditures. There are no funds being budgeted for replacement of the vehicle once it reaches its full life cycle. 6.B Packet Pg. 20 Attachments: 1. SASP Form 202 3-2015 2. SASP Form 203 3. SASP Form 204 3-2015 4. SASP Terms and Conditions PDF 5. HNT truck 6.B Packet Pg. 21 DEPARTMENT OF GENERAL SERVICES NAME (Print or Type)TITLE SIGNATURE*E-MAIL ADDRESS A. *Note: All signatures must be in original form. No copied or stamped signatures B. The above resolution was PASSED AND ADOPTED this day of ,20 , by the Governing Board of the: by the following vote:AYES:; NOES:; ABSENT: I, Clerk of the Governing Board known as Signed by: / / C. AUTHORIZED this day of 20 ,by: / / / / STATE OF CALIFORNIA AGENCIES ARE REQUIRED TO PROVIDE THEIR STATE BILLING CODE: Title STATE OF CALIFORNIA OFFICE OF FLEET AND ASSET MANAGEMENT ELIGIBILITY APPLICATION (NEW) SASP 202 (Rev 3/15) Do hereby certify that the foregoing is a full, true and correct resolution adopted by the governing board of the below named organization at the meeting thereof held at its regular place of meeting on this date and by the vote above stated, a copy of said resolution is on file in the principap office of the Governing Board. Name of Organization Mailling Address City Organization Name Street Address ZIP Code Signature of Administrative Officer County Printed Name of Chief Administrative Officer 1700 National Drive | Sacramento, CA 95834 RESOLUTION NOTE: ALL LOCAL GOVERNMENT & NON-PROFIT INCORPORATED ORGANIZATIONS HAVE A GOVERNING BOARD, THEREFORE COMPLETE ONLY SECTIONS "A" & "B". THE FOLLOWING SECTION "C" IS FOR STATE AGENCIES ONLY "BE IT RESOLVED by the Governing Board, and hereby ordered that the offical(s) and/or employee(s) whose name(s), title(s), and signature(s) are listed below shall be and is (are) hereby authorized as our representative(s) to acquire surplus property through the auspices of the California State Agency for Surplus Property and accept responsibility for payment of incidental fees by the surplus property agency under the Terms and Conditions accompanying this form or listed on the reverse side of this form." Agency Name City OFFICE OF FLEET AND ASSET MANAGEMENT | State of California |Government Operations Agency Zip Code County 6.B.a Packet Pg. 22 Attachment: SASP Form 202 3-2015 (1649 : Acceptance of Kodiak Communications Truck from the State) STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES OFFICE OF FLEET AND ASSET MANAGEMENT SASP 203 (Rev 3/15) ASSURANCE OF COMPLIANCE WITH GSA REGULATIONS UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, SECTION 606 OF TITLE VI OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED, SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED, TITLE IX OF THE EDUCATION AMENDMENTS OF 1972, AS AMENDED AND SECTION 303 OF THE AGE DISCRIMINATION ACT OF 1975 _________________________________________________, (hereinafter called the “donee”), (Name of donee organization) HEREBY AGREES THAT the program for or in connection with which any property is donated to the donee will be conducted in compliance with, and the donee will comply with and will require any other person (any legal entity) who through contractual or other arrangements with the donee is authorized to provide services or benefits under said program to comply with, all requirements imposed by or pursuant to the regulations of the General Services Administration (41 CFR 101-6.2) issued under the provisions of Title VI of the Civil Rights Act of 1964, Section 606 of Title VI of the Federal Property and Administrative Services Act of 1949, as amended, Section 504 of the Rehabilitation Act of 1973, as amended, Title IX of the Education Amendments of 1972, as amended, and Section 303 of the Age Discrimination Act of 1975, to the end that no person in the United States shall on the ground of race, color, national origin, sex, or age, or that no otherwise qualified handicapped person shall solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity for which the donee received Federal assistance from the General Services Administration; and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. The donee further agrees that this agreement shall be subject in all respects to the provisions of said regulations; that this agreement shall obligate the donee for the period during which it retains ownership or possession of any such property; that the United States shall have the right to seek judicial enforcement of this agreement; and, this agreement shall be binding upon any successor in interest of the donee and the word “donee” as used herein includes any such successor in interest. Date ______________________ _________________________________________________ Donee Organization BY ___________________________________ (President/Chairman of the Board or comparable authorized official) ________________________________________ ________________________________________ ________________________________________ Donee Mailing Address 6.B.b Packet Pg. 23 Attachment: SASP Form 203 (1649 : Acceptance of Kodiak Communications Truck from the State) %________ %________ %________ %________ %________ %________ Print Name _________________________________________Title _________________________ Signature _________________________________________Date _________________________ Black Hispanic Persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race. White Other 1700 National Drive | Sacramento, CA 95834 Person having origins in any of the original people of Europe, North Africa, or the Middle East. (Specify) ________________________________________________________________ STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES OFFICE OF FLEET AND ASSET MANAGEMENT ELIGIBILITY APPLICATION (NEW) SASP 204 (Rev 3/15) Asian / Pacific Islander Persons having origins in any of the black racial groups of Africa. OFFICE OF FLEET AND ASSET MANAGEMENT | State of California |Government Operations Agency STATE & FEDERAL SURPLUS PROPERTY PROGRAM STATE OF CALIFORNIA NEW APPLICATION FOR ELIGIBILITY Pursuant to Federal Regulation 28 C.F.R. §§ 42.401 - 42.415, a recipient is mandated to report to the Federal Government the racial and national origins of all persons within your service area. You are therefore asked to supply the Office of Fleet and Asset Management with the race and national orgins of individuals you serve in your service area (it may be helpful to refer to the US Census to determine the racial makeup of your service area at www.factfinder.census.gov/). This form must be completed and returned with the rest of the eligibility packet in order to qualify for the Federal Surplus Property Program. Your answers on this form in no way affect your eligibility; however, not returning the form will delay the processing of your application. Persons having origins in any of the tribal people of North America, and who maintain cultural identification through tribal affiliation or community recognition. American Indian or Alaskan Native Persons having origins in any of the original peoples of the far east, Southeast Asia, Pacific Islands, or the Indian Subcontinent. This includes China, Japan, Korea, The Philippines, and Samoa. 6.B.c Packet Pg. 24 Attachment: SASP Form 204 3-2015 (1649 : Acceptance of Kodiak Communications Truck from the State) Certifications and Agreements including Terms, Conditions, Reservations and Restrictions to be included On Agency Issued or Distribution Documents A) The Donee Certifies That: 1) It is a public agency; or an approved non-profit institution or organization, exempt from taxation under Section 501 of the Internal Revenue Code of 1986; within the meaning of Section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended, and the regulations of the General Services Administration (GSA). 2) The property is needed and will be used by the recipient for carrying out for the residents of a given political area one or more public purposes, or, if a nonprofit tax-exempt institution or organization or 8(a) business, the property is needed for and will be used by the recipient for educational or public health purposes, or for programs for older individuals, or for business purposes. The property is not acquired for any other use or purpose, or for sale or other distribution; or for permanent use outside the State, except with prior approval of the CSASP. 3) Funds are available to pay any and all costs and charges incidental to the receipt of surplus property, and that property is not being acquired for any other use(s) or purpose(s), is not for sale. The fee schedule is available upon request from the CSASP. 4) Any transaction shall be subject to the nondiscrimination regulations governing the donation of federal surplus personal property issued under Title VI of the Civil Rights Act of 1964 (41 USC 2000d-2000d-4a), as amended, section 504 of the Rehabilitation Act of 1973, as amended, Title IX of the Education Amendments of 1972, as amended, section 303 of the Age Discrimination Act of 1975, and the Civil Rights Restoration Act of 1987. 5) If the Donee is designated by the Federal Small Business Administration 8(a) Program as a socially and economically disadvantaged small business and the SBA and CSASP have both determined the Donee is eligible to receive federal surplus property as a donation, the Donee certifies that the property acquired is needed and will be used solely for the conduct of the Donee’s business enterprise: and the Donee certifies to A. (3), (4) and (5), B) The Donee Agrees to the Following Federal Conditions: 1) All items of property, other than items with a unit acquisition cost of $5000 or more and passenger motor vehicles, regardless of acquisition cost, shall be placed in use for the purpose(s) for which it was acquired within one year or receipt, and shall be placed in continuous use for one year from the date the property was placed in use. In the event the Donee does not place the property in use, or continuous use, the Donee shall immediately notify the CSASP, and, at the Donee's expense, make the property available for transfer or other disposal as directed by the CSASP. 2) Special handling or use limitations as are imposed by Federal GSA on any item(s) under which the item(s) are being allocated to the Donee. 3) In the event the Donee does not use the property as required by Sections C (1) and (2) below, at the option of the GSA, title and right to the possession of such property shall revert to the United States of America and, upon demand, the Donee shall release such property to such person as GSA or its designee shall direct. C) The Donee Agrees to the Following Conditions Applicable to Items with a Unit Acquisition Cost of $5,000 or More and Passenger Motor Vehicles, Regardless of Cost. Except Vessels 50 Feet or More in Length and Aircraft Regardless of Acquisition Cost: 1) The property shall be place in use within one year of receipt, and shall be used only for the purpose(s) for which it was acquired and for no other purpose(s). 2) There shall be a period of restriction which will expire after such property has been used for the purpose(s) for which it is acquired for a period of 18 months from the date the property is placed in use, except for such item(s) of major equipment for which the CSASP designates a further period of restriction. 3) In the event the property is not so used as required by Sections C (1) and (2), at the option of the CSASP, title and right to the possession of such property shall, at the option of the CSASP, revert to the State of California, and the Donee shall release such property to such person as the CSASP shall direct. D) The Donee Agrees to the Following Terms, Reservations and Restrictions: 1) From the date it receives the property and throughout the time period(s) imposed by Sections B and C (as applicable) remain in effect, the Donee shall not sell, trade, lease, lend, bail, cannibalize, encumber, or otherwise dispose of such property, or remove it permanently, for use outside the State of California, without the prior approval of GSA or the CSASP. The proceeds from any sale, trade, lease, loan, bailment, encumbrance or other disposal of the property, when the GSA or the CSASP authorizes such action, shall be remitted promptly by the Donee to GSA or the CSASP, as applicable. If the Donee takes action in ignoring or disregarding the foregoing restrictions after the date the Donee received the property and before expiration of the time periods imposed by Sections C or D as applicable, at the option of the GSA or the CSASP, the Donee shall pay to the GSA or the CSASP any proceeds derived from the disposal, and/or the fair market or rental value of the property at the time of such unauthorized disposal as determined by the GSA or the CSASP as applicable. 2) If at any time, from the date the Donee receives the property throughout the time periods by Sections B and C as applicable, the Donee determines that some or all of the property is no longer suitable, usable, or further needed for the purpose(s) for which it was acquired, the Donee shall promptly notify the CSASP and shall, as directed by the CSASP, return the property to the CSASP, or release the property to another Donee or another state agency, or a department or agency of the United States, or sell or otherwise dispose of the property. The Donee shall remit the proceeds from the sale promptly to the CSASP. 3) The Donee shall make reports to the CSASP which shall state the use, condition, and location of the property, and shall report on other pertinent matters as may be required from time to time by the CSASP. 4) At the option of the CSASP, the Donee may abrogate the conditions set forth in Section B and the terms, reservations and restrictions pertaining in Section D by payment of an amount as determined by the CSASP. E) The donee Agrees to the Following Conditions, Applicable to all Items of Property: 1) The property acquired by the Donee is on an "As Is," "where is" basis, without warranty of any kind. 2) If the Donee carries insurance against damages to or loss of property due because of fire or other hazards, and the damage to, loss or destruction to donated property with unexpired terms, conditions, reservations or restrictions, occurs, the CSASP will be entitled to reimbursement from the Donee out of the insurance proceeds, in an amount equal to the unamortized portion of the fair value of the damaged or destroyed donated property. F) Terms, conditions, reservations and restrictions set forth in the Conditional Transfer Document executed by the authorized Donee representative are applicable to the donation of Aircraft and Vessels of 50 Feet or more in length having an acquisition cost of $5,000 or more in length or more, regardless of the purpose for which acquired. SIGNATURE: _____________________________________________________ DATE: _________________________________ 6.B.d Packet Pg. 25 Attachment: SASP Terms and Conditions PDF (1649 : Acceptance of Kodiak Communications Truck from the State) 6.B.e Packet Pg. 26 Attachment: HNT truck (1649 : Acceptance of Kodiak Communications Truck from the State) City of Gilroy STAFF REPORT Agenda Item Title: Partial Tract Acceptance and Reduction of the Faithful Performance and Payment Security Bonds for In-Tract Improvements, Property Improvement Agreement No. 2016-01, Hecker Pass Heartland Estates Phase II Tract 10315 Meeting Date: May 7, 2018 From: Gabriel Gonzalez, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Girum Awoke Jorge Duran Strategic Plan Goals ☐ Financially Sustainable and High Performing ☐ Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Approve partial acceptance and bond reduction for the Hecker Pass Heartland Estates Phase II Tract No. 10315 In-tract improvements, Property Improvement Agreement 2016-01. BACKGROUND The City of Gilroy currently has several land development projects at various stages 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 completed portion of the improvements. In 2015 Meritage Homes, the applicant for Heartland Estates Phase II, received Tentative Map approval for development of 33 single family residential lots and related 6.C Packet Pg. 27 improvements within the Hecker Pass Specific Plan area. [Ref: Resolution 2015-26, TM 14-04] In 2016, Meritage Homes obtained Council approval for the Tract 10315, which is one of the six tracts associated with the Hecker Pass Specific Plan area, and Property Improvement Agreement (PIA) No. 2016-01. Tract 10315 included three major areas of improvements, each with separate bonds, as shown in Table A below. The developer has paid plan check and inspection fees, submitted bonding and insurance for the above referenced Property Improvement Agreem ent. 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. T he 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 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 the in-tract improvements portion of 10315’s Faithful Performance and Payment Bonds to a Maintenance Bond which is 10% of the bond value for the in-tract improvements bond, essentially reducing from the original $1,530,362 to $153,036. 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; and extension of the water distribution system. The Tract 10315, Property Improvement Agreement (PIA) No. 2016 -01, is one of the six tracts associated with the Hecker Pass Specific Plan area and included this bond requirement, along with two 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 1 in Table A below). The following improvements listed in the table below were required under Property Improvements Agreement No. 2016-01: Item No. Table A – Improvements for Tract 10315 Bond Amount Complete Y/N* 1. In-Tract improvements (item for this Council approval) $1,530,362 Y 2. Pubic Art – Installation of two public art pieces (future Council approval request): Art pieces installation: 50% complete $250,000 N 6.C Packet Pg. 28 3. Landscape Improvements – Installation of landscaping improvements on the City-owned parcel (future Council approval request) City-owned parcel landscaping: 0% Complete $200,000 N The in-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. Currently, the applicant is working on completing the remainder of the improvements required by PIA No. 2016-01. 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 decide 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. FISCAL IMPACT There are no financial impacts with this action. Attachments: 1. Vicinity Map 2. PIA 2016-01 FINAL signed by Meritage 6.C Packet Pg. 29 6.C.a Packet Pg. 30 Attachment: Vicinity Map (1625 : Partial Tract Acceptance and Bond Reduction In-tract Improvements Tract 10315) 6.C.b Packet Pg. 31 Attachment: PIA 2016-01 FINAL signed by Meritage (1625 : Partial Tract Acceptance and Bond Reduction In-tract Improvements Tract 10315) 6.C.b Packet Pg. 32 Attachment: PIA 2016-01 FINAL signed by Meritage (1625 : Partial Tract Acceptance and Bond Reduction In-tract Improvements Tract 10315) 6.C.b Packet Pg. 33 Attachment: PIA 2016-01 FINAL signed by Meritage (1625 : Partial Tract Acceptance and Bond Reduction In-tract Improvements Tract 10315) 6.C.b Packet Pg. 34 Attachment: PIA 2016-01 FINAL signed by Meritage (1625 : Partial Tract Acceptance and Bond Reduction In-tract Improvements Tract 10315) 6.C.b Packet Pg. 35 Attachment: PIA 2016-01 FINAL signed by Meritage (1625 : Partial Tract Acceptance and Bond Reduction In-tract Improvements Tract 10315) 6.C.b Packet Pg. 36 Attachment: PIA 2016-01 FINAL signed by Meritage (1625 : Partial Tract Acceptance and Bond Reduction In-tract Improvements Tract 10315) 6.C.b Packet Pg. 37 Attachment: PIA 2016-01 FINAL signed by Meritage (1625 : Partial Tract Acceptance and Bond Reduction In-tract Improvements Tract 10315) 6.C.b Packet Pg. 38 Attachment: PIA 2016-01 FINAL signed by Meritage (1625 : Partial Tract Acceptance and Bond Reduction In-tract Improvements Tract 10315) 6.C.b Packet Pg. 39 Attachment: PIA 2016-01 FINAL signed by Meritage (1625 : Partial Tract Acceptance and Bond Reduction In-tract Improvements Tract 10315) 6.C.b Packet Pg. 40 Attachment: PIA 2016-01 FINAL signed by Meritage (1625 : Partial Tract Acceptance and Bond Reduction In-tract Improvements Tract 10315) 6.C.b Packet Pg. 41 Attachment: PIA 2016-01 FINAL signed by Meritage (1625 : Partial Tract Acceptance and Bond Reduction In-tract Improvements Tract 10315) 6.C.b Packet Pg. 42 Attachment: PIA 2016-01 FINAL signed by Meritage (1625 : Partial Tract Acceptance and Bond Reduction In-tract Improvements Tract 10315) 6.C.b Packet Pg. 43 Attachment: PIA 2016-01 FINAL signed by Meritage (1625 : Partial Tract Acceptance and Bond Reduction In-tract Improvements Tract 10315) 6.C.b Packet Pg. 44 Attachment: PIA 2016-01 FINAL signed by Meritage (1625 : Partial Tract Acceptance and Bond Reduction In-tract Improvements Tract 10315) 6.C.b Packet Pg. 45 Attachment: PIA 2016-01 FINAL signed by Meritage (1625 : Partial Tract Acceptance and Bond Reduction In-tract Improvements Tract 10315) 6.C.b Packet Pg. 46 Attachment: PIA 2016-01 FINAL signed by Meritage (1625 : Partial Tract Acceptance and Bond Reduction In-tract Improvements Tract 10315) 6.C.b Packet Pg. 47 Attachment: PIA 2016-01 FINAL signed by Meritage (1625 : Partial Tract Acceptance and Bond Reduction In-tract Improvements Tract 10315) 6.C.b Packet Pg. 48 Attachment: PIA 2016-01 FINAL signed by Meritage (1625 : Partial Tract Acceptance and Bond Reduction In-tract Improvements Tract 10315) City of Gilroy STAFF REPORT Agenda Item Title: Approval of a Parcel Map, Property Improvement Agreement No. 2018-04 and Public Improvement Plans With Performance Food Group, APN 808-43-005 Meeting Date: May 7, 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 Parcel Map, Property Improvement Agreement (PIA) No. 2018-04, and Public Improvement Plans With Performance Food Group, APN 808-43-005. BACKGROUND This project received Architectural and Site, AS 16-46, and Minor Deviation Variance, MDV 17-01, approval by the City of Gilroy on August 4, 2017, for the construction and operation of a grocery and dry goods distribution center that includes a 347,651 square - foot warehouse and distribution building with a maximum height of 43 feet- 2 inches for Performance Food Group, Inc. Facilities include dry storage, cold storage, freezer storage, loading docks, office space, employee and truck parking, truck maintenance/fueling station, and related infrastructure improvements. The project will be constructed in two phases: Phase 1 is the development of warehouse and distribution building with an approximately 189,303 square-foot building footprint, and related off-site and on-site improvements. Phase 2 6.D Packet Pg. 49 would expand the phase 1 facility operation with a 150,968 square-foot addition to the building, extending warehouse and office footprint. DISCUSSION As part of the project approval for development, Performance Food Group, Inc. is required, as part of Phase 1 of the project, to merge the existing parcels into one parcel, dedicate Street Right of Way and Public Easements along Monterey Road, and dedicated Public Easements within the property boundary. Performance Food Group is also required to enter into a Property Improvement Agreement with the City to complete public improvements including: new street widening of Monterey Road along the project frontage, new 12 inch and 16 inch water mains, new 12 inch storm drain lines, and new 12 inch sanitary sewer lines. The developer is requesting approval of a Parcel Map and Property Improvement Agreement. As part of the Property Improvement Agreement, the developer is required to provide Faithful Performance and Payment bonds of $814,000 for 100% of the estimated construction cost of the improvements. FISCAL IMPACT There are no financial impacts associated with this action. Attachments: 1. Attachment A - Vicinity Map 2. Attachment B - Parcel Map 3. Attachment C - Property Improvement Agreement 6.D Packet Pg. 50 AS 16-46 350,00 SQUARE FOOT FOOD DISTRIBUTION CENTER. Legend 5480 Monterey Rd Abbott's Pro-Power Gilroy Chevron Hilton Garden Inn Gilroy Noah Concrete Corporation 1000 ft N➤➤N © 2016 Google © 2016 Google © 2016 Google 6.D.a Packet Pg. 51 Attachment: Attachment A - Vicinity Map (1635 : Parcel Map and Property Improvement Agreement No. 2018-04 for Pacific Food Group (PFG)) 6.D.b Packet Pg. 52 Attachment: Attachment B - Parcel Map (1635 : Parcel Map and Property Improvement Agreement No. 2018-04 for Pacific Food Group (PFG)) 6.D.b Packet Pg. 53 Attachment: Attachment B - Parcel Map (1635 : Parcel Map and Property Improvement Agreement No. 2018-04 for Pacific Food Group (PFG)) -1- 4845-4192-5464v.4 0104344-000001 4828-0143-8026v3 JH\04706091 RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Shawna Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 (SPACE ABOVE THIS LINE FOR RECORDER’S USE) Property Improvement Agreement No. 2018- 04__ Warehouse and Distribution Facility Located at 5480 Monterey Blvd., Gilroy, California 95020 APN: 841-14-026; 841-14-027 Performance Food Group, Inc. 6.D.c Packet Pg. 54 Attachment: Attachment C - Property Improvement Agreement (1635 : Parcel Map and Property Improvement Agreement No. 2018-04 for -2- 4845-4192-5464v.4 0104344-000001 4828-0143-8026v3 JH\04706091 PROPERTY IMPROVEMENT AGREEMENT AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM DRAINS POWER AND COMMUNICATION CONDUIT AND OTHER PUBLIC WORKS FACILITIES Property Improvement Agreement No. ______ This Property Improvement Agreement (“Agreement”) is made and entered into this ___day of March, 2018, by and between the City of Gilroy, a municipal corporation, herein called the “City,” and Performance Food Group, Inc., a Colorado corporation, herein called the “Developer”. WHEREAS, a 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: Performance Food Group warehouse and distribution facility located at 5480 Monterey Blvd., Gilroy, California 95020 (the “Project”), APN: 841-14-026 and 841-14-027, a legal description of which is attached hereto and incorporated herein as Exhibit “A” (the “Property”).. WHEREAS, the Developer is the fee owner of the Property and requires certain utilities and public works facilities in order to service the Property under the minimum standards established by the City 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 and established policies of the City and the laws of the State of California and the United States of America 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. 6.D.c Packet Pg. 55 Attachment: Attachment C - Property Improvement Agreement (1635 : Parcel Map and Property Improvement Agreement No. 2018-04 for -3- 4845-4192-5464v.4 0104344-000001 4828-0143-8026v3 JH\04706091 SECTION 2 The Developer 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, Resolution, Rules and other Regulations and established policies of the City and the laws of the State of California and the United States of America, including without limitation, the California Labor Code and California Public Contract Code, as applicable. Developer further agrees and acknowledges that it is its obligation to determine whether, and to what extent, the work performed under this Agreement is subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of the City and the laws of the State of California, the United States of America, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage 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. c. 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 (for Extensions of Water Distribution Systems, Improvement of Streets, Installation of Sewers, Storm Drains, Power and Communication Conduit off-site of the Property) and the improvement plans submitted on behalf of Developer to the City of Gilroy in furtherance of this Agreement, compiled on December 17, 2017 and on file with the City of Gilroy (“Improvements”). All construction of the Improvements shall be completed in accordance with all standards established in the applicable Codes and Policies 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 in an amount of Eight Hundred Fourteen Thousand, Nine Hundred Five dollars ($ 814,905_____.00), as shown on Development Cost Schedule referenced in Section 7 below and attached hereto as Exhibit “B” 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. 6.D.c Packet Pg. 56 Attachment: Attachment C - Property Improvement Agreement (1635 : Parcel Map and Property Improvement Agreement No. 2018-04 for -4- 4845-4192-5464v.4 0104344-000001 4828-0143-8026v3 JH\04706091 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, in an amount of Eight Hundred Fourteen Thousand, Nine Hundred Five dollars ($ 814, 905.00), as shown on Development Cost Schedule referenced in Section 7 below and attached hereto as Exhibit “B”. The Payment Bond shall secure the payment of those persons or entities to whom the Developer 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. The 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 Bond securing maintenance described above, a separate maintenance bond issued by an admitted surety in the amount of ten percent (10%) 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. Simultaneously with the submission of its building permit application (Site Clearance), the Developer 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 pursuant to the Exhibit B, the attached Development Cost Schedule, are due and payable to the City prior to Council issuance of the building permit. The Developer shall pay to the City all other sums payable by Developer pursuant to Exhibit B, in accordance with applicable City fee schedules and agreements. f. At all times during the term of this Agreement and until the Improvements constructed by Developer are accepted by City, Developer 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 pursuant to this Agreement. 6.D.c Packet Pg. 57 Attachment: Attachment C - Property Improvement Agreement (1635 : Parcel Map and Property Improvement Agreement No. 2018-04 for -5- 4845-4192-5464v.4 0104344-000001 4828-0143-8026v3 JH\04706091 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 suffered by reason of the acts or omissions of Developer or Developer’s contractors or subcontractors or their respective employees. Developer hereby waives, and Developer 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 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 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 two years from and after the date and year of this Agreement first above written. Developer shall maintain such Improvements described in this Agreement at Developer’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 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 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. 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 Item 25 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, 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. 6.D.c Packet Pg. 58 Attachment: Attachment C - Property Improvement Agreement (1635 : Parcel Map and Property Improvement Agreement No. 2018-04 for -6- 4845-4192-5464v.4 0104344-000001 4828-0143-8026v3 JH\04706091 SECTION 6 That the following general stipulations shall be completed subject to the approval of the Public Works Director/City Engineer. 1. All work within the public right-of-way shall be subject to the approval of the City Engineer. 2. The Developer shall perform all work in compliance with all applicable City of Gilroy Specifications Standards Design Criteria. Street improvements and the design of all storm drainage, sewer lines, and all street sections shall be in accordance with applicable City Standards. 3. The Developer shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding relating to the construction of the Improvements against the City or its City Council, Planning Commission, agents, officer, and employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative claim, action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed pursuant to California Government Code Section 66474.9. 4. The City shall be notified at least two (2) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24-hour emergency telephone number list. 5. At least one week prior to commencement of work, the Developer shall post the site and mail to owners of property within (500’) five hundred feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Engineering Division, a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 6. If the Developer proposes to phase construction with building occupancy, the Developer shall create, for City Engineer approval prior to first occupancy, a construction staging plan that addresses the ingress and egress location for all construction vehicles, parking and material storage area separate from occupied residential units. 7. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilities. NOTE: The capping of any well will require inspection by the Santa Clara Valley Water District. 8. Schedule the construction of Improvements along existing public roads so that the work affecting vehicular traffic is completed with a minimum interruption to traffic. 9. All work shall be coordinated so that the existing residents on all adjacent streets have access to their properties. 10. Before construction utilizing combustible materials may proceed, an all-weather access must be provided to within 150 feet of the building site; and at least one in service fire hydrant must be available within 150 feet of each portion of the site wherein this construction is to take place. Location of the fire hydrants will be determined by the Fire Chief. 6.D.c Packet Pg. 59 Attachment: Attachment C - Property Improvement Agreement (1635 : Parcel Map and Property Improvement Agreement No. 2018-04 for -7- 4845-4192-5464v.4 0104344-000001 4828-0143-8026v3 JH\04706091 11. A complete construction schedule, which shall include a detailed phasing plan (including traffic control for each proposed phase), shall be submitted and approved by the City Engineer prior to start of construction. Any material deviation from the approved construction schedule and phasing plan shall be coordinated with the City Engineer. Deviating from the approved construction schedule and phasing plan without prior coordination with the City Engineer may prolong issuance of further building permits. (a) Upon request by the City Engineer, the Developer shall provide information for public outreach purposes, which may include maps and schedules for each phase of construction. 12. The Developer shall obtain the required Habitat Conservation Plan (HCP) Permit and pay the applicable fees prior to the issuance of a grading permit or improvement plan approval. 13. One hard copy and electronic copy of the approved/stamped PG&E Joint Trench Composite Plans shall be submitted to the Engineering Division. Should there be a delay in obtaining the PG&E- approved joint trench plans, the Developer will be allowed to commence joint trench work “at- risk”. The Developer assumes responsibility for any required redesign, and all costs associated with the redesign and additional city review resulting from the at-risk work completed without PG&E- approved joint trench plans. Design revisions and ultimate joint trench construction shall be completed to the satisfaction of the City Engineer. 14. Site preparation and fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy stating that all site preparation and fill construction meets the requirements of the geotechnical investigation. This shall be subject to review and approval by the Building Division. [CBC] 15. All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engineer. 16. New and existing utility lines, appurtenances, and associated equipment, including but not limited to electrical transmission, street lighting, and cable television shall be required to be placed underground. [Municipal Code Section 21, Article V] 17. Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. No work shall be done on Sundays and City Holidays. The City Engineer will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 18. Any damage resulting from project construction operations to existing city infrastructure on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at the full expense of the developer/contractor. This shall include slurry seal, overlay, street reconstruction, and repair to curb, gutter and sidewalk, driveway approach if reasonably deemed warranted by the City Engineer. 19. This project is subject to post-construction stormwater quality requirements per Section 27D of the Gilroy Municipal Code. 6.D.c Packet Pg. 60 Attachment: Attachment C - Property Improvement Agreement (1635 : Parcel Map and Property Improvement Agreement No. 2018-04 for -8- 4845-4192-5464v.4 0104344-000001 4828-0143-8026v3 JH\04706091 20. Storm water BMP Operation and Maintenance Agreement (a) Prior to the issuance of any building permit requiring stormwater management BMPs or as otherwise determined by the City Engineer, 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. (b) 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. (c) This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. (d) 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. (e) Any repairs or restoration/replacement and maintenance shall be in accordance with City- approved plans. (f) The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Management Plan. 21. Stormwater BMP Inspections will be required for this project and shall adhere to the following: (a) The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. (b) 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: 1. Site address; 2. Date and time of inspection; 3. Name of the person conducting the inspection; 4. List of stormwater facilities inspected; 5. Condition of each stormwater facility inspected; 6. Description of any needed maintenance or repairs; and 7. As applicable, the need for site re-inspection. 6.D.c Packet Pg. 61 Attachment: Attachment C - Property Improvement Agreement (1635 : Parcel Map and Property Improvement Agreement No. 2018-04 for -9- 4845-4192-5464v.4 0104344-000001 4828-0143-8026v3 JH\04706091 22. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1st for the Fall report, and no later than March 15th of the following year for the Winter report. 23. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. Location of monuments shall be tied out prior to work. 24. In accordance with the California Professional Land Surveyors’ Act (Business and Professions Code) Chapter 15 Sections 8771 and 8725, California Penal Code 605, and California Government Code 27581, the developer, their employees, subcontractors, and/or any person performing construction activities that will or may disturb an existing roadway/ street monument, corner stake, or any other permanent surveyed monument shall show all current monuments on the plans and shall ensure that a Corner Record and/or Record of Survey are filed with the County Surveyor Office prior to disturbing said monuments. All disturbed or destroyed monuments shall be reset and filed in compliance with Section 8771 at the developer’s sole expense. 25. Under the terms of the City Conditions of Approval, item 62, the City shall reimburse Developer “oversizing reimbursement” for installing water main extensions 16” in size, which is greater than the water sizes required by the Project, and which Developer is responsible for the size up to and including 12” mains. The additional marginal costs for obtaining, installing and maintaining a 16” water line on Monterey Boulevard is $_21,300_. This reimbursement shall be payable to the original Developer named in this Agreement above, and shall not inure to the benefit of any subsequent owners of all or any portion of the Property. All reimbursements payable to Developer shall be subject to the City’s reimbursement policies and ordinances in effect from time to time, including without limitation any expiration dates identified in such policies and ordinances. Such reimbursement shall be solely contingent upon the availability of the City’s Water Impact Fund and in no case shall the reimbursement be paid beyond ten (10) years after the execution of the Agreement. In addition to any other conditions, requirements and limitations set forth in the City’s reimbursement policies and ordinances from time to time, (i) in no event shall any reimbursements be payable to Developer if City determines in its sole and absolute discretion from time to time that there are not sufficient reserves then on hand in the specific reimbursement fund from which Developer’s reimbursement is payable, over and above any amounts anticipated to be required to be expended from such reimbursement fund, which reserves, at a minimum, are equal to at least half of the remaining average yearly anticipated expenditures of such reimbursement fund as determined by City from time to time; (ii) City may, in its sole and absolute discretion, make partial reimbursement payments to Developer in yearly increments, as determined by City; and (iii) City may defer payments in any given year if projects deemed by City to be 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. 6.D.c Packet Pg. 62 Attachment: Attachment C - Property Improvement Agreement (1635 : Parcel Map and Property Improvement Agreement No. 2018-04 for -10- 4845-4192-5464v.4 0104344-000001 4828-0143-8026v3 JH\04706091 SECTION 7 That the attached Development Cost Schedule enumerates all fees and their extensions. TOTAL AMOUNT DUE CITY $ 1,222,639.91 CITY OF GILROY DEVELOPER – Performance Food Group, Inc. By: By: Gabe Gonzalez City Administrator Name: Date: Title: Date: ATTEST: Shawna Freels, City Clerk APPROVED AS TO FORM: Andy Faber, City Attorney NOTE: If Developer is a corporation, the complete legal name and corporate seal of the corporation and the corporate titles of the persons signing for the corporation shall appear above. [ATTACH EXHIBIT A – LEGAL DESCRIPTION] [ATTACH EXHIBIT B – Development Cost Schedule] [ATTACH CURRENT NOTARY FORM(S)] 6.D.c Packet Pg. 63 Attachment: Attachment C - Property Improvement Agreement (1635 : Parcel Map and Property Improvement Agreement No. 2018-04 for City of Gilroy STAFF REPORT Agenda Item Title: Vacation of a Portion of Cobblestone Court Designated as a Public Street Right of Way in the Hecker Pass Specific Area, and Approval of an Access Easement and Covenant Agreement With Syngenta Flowers, LLC (APN 810-85-034) Meeting Date: May 7, 2018 From: Gabriel Gonzalez, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Girum Awoke Jorge Duran Strategic Plan Goals ☐ Financially Sustainable and High Performing Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION a) Adopt a Resolution of the City Council of the City of Gilroy ordering the vacation of a certain strip of land designated as a portion of a p ublic street right of way designated for public use, the strip shown as a portion of Cobblestone Court shown upon that certain map entitled “Parcel Map” filed April 18, 2014 in Book 871 of maps, pages 17 through 20 in the Records of Santa Clara County, California ; and, b) Approval of entering into an Easement and Covenant Agreement for the use of a portion of a City parcel (APN: 810-85-034) to provide for a vehicular access easement for an existing agricultural related use to Hecker Pass Highway, along property of Syngenta Flowers, LLC., a Delaware limited liability company (APN: 810-21-011) BACKGROUND 6.E Packet Pg. 64 This summary of street vacation and dedication is for: 1) Vacation for a portion of Cobblestone Court Right-of-Way, as shown on the map entitled “Parcel Map” filed April 18, 2014 in Book 871 of Maps, Pages 17 through 20, Records of Santa Clara County, California; and, 2) Accept dedication of the new alignment of Cobblestone Court street right-of-way and related easements as shown on the Tract 10315 Final Map, file d May 23, 2016 in Book 892 of Maps, Pages 37 through 42, Records of Santa Clara County, California. In 2014, the westerly half of Cobblestone Court was owned by S yngenta Flowers, LLC and the easterly half was owned by South Valley Community Church. S yngenta Flowers, LLC and South Valley Community Church dedicated the original Cobblestone Court right-of-way, emergency vehicle access easement and public service easement via separate parcel maps. In 2016, South Valley Community Church sold their property to Meritage Homes to develop Tract 10315, which extended the alignment of Cobblestone Court. The Final Map in Tract 10315 vacated the easterly street right-of-way and easements, and dedicated the new street right-of-way and easements. In 2016, Meritage Homes in Tract 10315 constructed Cobblestone Court between Tarragon Drive and Cinnamon Way. However, the westerly half of the Cobblestone Court right-of-way and easements were never dedicated by Syngenta Flowers, LLC. Therefore, Syngenta Flowers, LLC, needs to vacate the old, original right-of-way and easements; and dedicate the new Cobblestone Court right-of-way and easements configuration. DISCUSSION To acquire the needed Cobblestone Court street frontage right-of-way and easements, Syngenta Flowers, LLC is requesting the City to do the following: 1. Vacate the existing Cobblestone Court street portion of Right-of-Way and Public Easement. This step will vacate the original portion of Cobblestone Court that existed prior to the new Court extension and alignment. Attachment B is an exhibit showing the original Cobblestone Court Right of Way, Public Service Easement, and Emergency Vehicle Access Easement. Attachment D is the Resolution ordering the vacation of existing Right of Way, Public Easement, and Emergency Vehicle Access. 2. Accept the final alignment dedication of Cobblestone Court street right-of-way and related easements along its property frontage from Tarragon Drive to Cinnamon Way. Attachment C is an exhibit showing the new Cobblestone Court 6.E Packet Pg. 65 street Right of Way, Public Easement, and Emergency Vehicle Access. Exhibit E are the grant deeds for the new street Right of Way Dedications, Public Easements, and Emergency Vehicle Access 3. The new Cobblestone Court extension and alignment will require the City to enter into an Easement and Covenant Agreement to allow Syngenta Flowers, LLC for the use of a portion of City parcel APN: 810-85-034 for an existing agricultural related vehicular access to Hecker Pass Highway. Exhibit F is the Grant of Easement and Covenant Agreement between the City and Syngenta Flowers, LLC. Pursuant to California Streets and Highway Code, Section 8330 et seq., the City Council may summarily vacate an excess public right -of-way for street or highway purposes by finding, from evidence submitted, that the excess right-of-way is no longer required for street or highway purposes and conforms with the provision of Section 8334 of the California Streets and Highway Code regarding vacation of excess right-of-way. FISCAL IMPACT There are no financial impacts associated with this action. Attachments: 1. Attachment A - Vicinity Map 2. Attachment B - Existing ROW Exhibit 3. Attachment C - Proposed ROW Exhibit 4. Attachment D - Resolution of Vacation 5. Attachment E - Grant Deeds 6. Attachment F - Easement Agreement 6.E Packet Pg. 66 6.E.a Packet Pg. 67 Attachment: Attachment A - Vicinity Map (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access Easement) 6.E.a Packet Pg. 68 Attachment: Attachment A - Vicinity Map (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access Easement) 6.E.b Packet Pg. 69 Attachment: Attachment B - Existing ROW Exhibit (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.b Packet Pg. 70 Attachment: Attachment B - Existing ROW Exhibit (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.c Packet Pg. 71 Attachment: Attachment C - Proposed ROW Exhibit (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.c Packet Pg. 72 Attachment: Attachment C - Proposed ROW Exhibit (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.d Packet Pg. 73 Attachment: Attachment D - Resolution of Vacation (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.d Packet Pg. 74 Attachment: Attachment D - Resolution of Vacation (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.d Packet Pg. 75 Attachment: Attachment D - Resolution of Vacation (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.d Packet Pg. 76 Attachment: Attachment D - Resolution of Vacation (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.d Packet Pg. 77 Attachment: Attachment D - Resolution of Vacation (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.d Packet Pg. 78 Attachment: Attachment D - Resolution of Vacation (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.d Packet Pg. 79 Attachment: Attachment D - Resolution of Vacation (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.d Packet Pg. 80 Attachment: Attachment D - Resolution of Vacation (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.d Packet Pg. 81 Attachment: Attachment D - Resolution of Vacation (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.d Packet Pg. 82 Attachment: Attachment D - Resolution of Vacation (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.d Packet Pg. 83 Attachment: Attachment D - Resolution of Vacation (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.d Packet Pg. 84 Attachment: Attachment D - Resolution of Vacation (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.d Packet Pg. 85 Attachment: Attachment D - Resolution of Vacation (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.d Packet Pg. 86 Attachment: Attachment D - Resolution of Vacation (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.d Packet Pg. 87 Attachment: Attachment D - Resolution of Vacation (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.e Packet Pg. 88 Attachment: Attachment E - Grant Deeds (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access Easement) 6.E.e Packet Pg. 89 Attachment: Attachment E - Grant Deeds (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access Easement) 6.E.e Packet Pg. 90 Attachment: Attachment E - Grant Deeds (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access Easement) 6.E.e Packet Pg. 91 Attachment: Attachment E - Grant Deeds (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access Easement) 6.E.e Packet Pg. 92 Attachment: Attachment E - Grant Deeds (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access Easement) 6.E.e Packet Pg. 93 Attachment: Attachment E - Grant Deeds (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access Easement) 6.E.e Packet Pg. 94 Attachment: Attachment E - Grant Deeds (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access Easement) 6.E.e Packet Pg. 95 Attachment: Attachment E - Grant Deeds (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access Easement) 6.E.e Packet Pg. 96 Attachment: Attachment E - Grant Deeds (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access Easement) 6.E.e Packet Pg. 97 Attachment: Attachment E - Grant Deeds (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access Easement) 6.E.e Packet Pg. 98 Attachment: Attachment E - Grant Deeds (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access Easement) 6.E.e Packet Pg. 99 Attachment: Attachment E - Grant Deeds (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access Easement) 6.E.e Packet Pg. 100 Attachment: Attachment E - Grant Deeds (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access Easement) 6.E.f Packet Pg. 101 Attachment: Attachment F - Easement Agreement (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.f Packet Pg. 102 Attachment: Attachment F - Easement Agreement (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.f Packet Pg. 103 Attachment: Attachment F - Easement Agreement (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.f Packet Pg. 104 Attachment: Attachment F - Easement Agreement (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.f Packet Pg. 105 Attachment: Attachment F - Easement Agreement (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.f Packet Pg. 106 Attachment: Attachment F - Easement Agreement (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.f Packet Pg. 107 Attachment: Attachment F - Easement Agreement (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.f Packet Pg. 108 Attachment: Attachment F - Easement Agreement (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.f Packet Pg. 109 Attachment: Attachment F - Easement Agreement (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.f Packet Pg. 110 Attachment: Attachment F - Easement Agreement (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access 6.E.f Packet Pg. 111 Attachment: Attachment F - Easement Agreement (1624 : Vacation of a portion of Cobblestone Court, Acceptance of Dedication and Access Proclamation of the City of Gilroy Whereas, Joshua Lance began his scouting career at the age of 8 in Cub Scout Pack 707, and progressed through the Wolf and Bear Dens, ultimately accomplishing each rank advancement through Webelos and went on to earn the Arrow of Light Award; and Whereas, he then became a Boy Scout and earned merit badges in Music, Communication and Archeology, and continued to achieve rank advancements; and Whereas, Joshua completed his Eagle Scout project of building two racks for costume storage for the dance company he belongs to. He worked with the dance studio staff and learned much about time management, personal relationships and financial responsibility. NOW, THEREFORE, I, Roland Velasco, Mayor of the City of Gilroy, on behalf of the entire City Council, do hereby wish to recognize Joshua Lance for achieving the award of distinction of Eagle Scout by Boy Scouts of America _____________________ Mayor Roland Velasco 6.F Packet Pg. 112 Communication: Proclamation Recognizing Eagle Scout Joshua Ryan Lance (CONSENT CALENDAR (ROLL CALL VOTE)) City of Gilroy STAFF REPORT Agenda Item Title: Award of a Professional Services Contract to Wood Environment & Infrastructure Solutions, Inc. for Corporation Yard Storm Water Compliance Improvements Project No. 18-RFP-PW -405 Meeting Date: May 7, 2018 From: Gabriel Gonzalez, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Girum Awoke Julie Behzad Strategic Plan Goals ☐ Financially Sustainable and High Performing ☐ Livable Community ☐ Grow the Economy Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Award a professional services contract to Wood Environment & Infrastructure Solutions, Inc for design and engineering services for Corporation Yard Storm Water Compliance Improvements, Project No. 18-RFP-PW -405 in the not to exceed amount of $118,200, establish a project contingency of approximately 10% ($11,800), and authorize the City Administrator to execute the agreement and related documents, including agreement amendments up to the contingency amount BACKGROUND On May 15, 2015, Central Coast Water Board staff conducted a partial program evaluation of the City of Gilroy Storm Water Management Program (SWMP). The program primarily focused on the City’s post-construction SWMP and implementation and management of pollution prevention elements of the State Water Resources Control Board General Permit for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS 4 General Permits). 7.A Packet Pg. 113 On February 8, 2016, the Central Coast Water Board staff issued the City a Notice of Violation of the post-construction SWMP element of the General Permit. As part of that decision, they determined that the City’s Corporation Yard is in violation of the General Permit Pollution Prevention/Good Housekeeping provisions for failure to implement appropriate controls of the sources of pollution and Best Management Practices (BMPs). As a result, this multi-year project was initiated to make improvements to storm water capturing and treatment practices and enhance compliance with storm water quality regulations, while increasing efficiency with the new best management practices in place. Improvements may include new bunkers with cover structures, revised storm drainage system including new pavement to direct storm water runoff to new inlets, or other measures required to comply with regulations. ANALYSIS On January 2, 2018, a Request For Proposals (RFP) was issued to the qualified list of companies on the Santa Clara Valley Urban Runoff Pollution Prevention Plan (SCVURPPP). An optional Pre-Proposal meeting was held on January 17, 2018 at 10:00 am at the City of Gilroy Corporation Yard. Three consultants attended the pre - proposal meeting listed below: Geosyntech Consultants Wood Environment & Infrastructure Solutions, Inc. EOA, Environmental and Public Health Engineering, Inc. On February 1st, the City received two (2) proposals from the following consultant teams: Geosyntech Consultants Wood Environment & Infrastructure Solutions, Inc. The two proposals were reviewed and evaluated by a scoring committee. Wood Environment & Infrastructure Solutions, Inc. was selected to perform the engineering services for this project since they demonstrated the knowledge and experience of the current conditions as well as their demonstrated approach to achieve the required results. The design work is anticipated to begin mid-June 2018 and to be completed in January 2019. ALTERNATIVES If the Council doesn’t award the agreement at this time, this action will delay the process of bringing this facility in compliance with the State Water Resources Control Board General Permit for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (General Permits). Staff does not recommend. As previously 7.A Packet Pg. 114 stated above, on February 8, 2016, the Central Coast Water Board staff issued the City a Notice of Violation of the post-construction SWMP element of the General Permit; it is imperative the City complies. Failure to comply with the NOV could result a $10,000 per day fine. FISCAL IMPACT/FUNDING SOURCE The proposed cost of Wood Environment & Infrastructure Solutions, Inc. for this design is $118,200. Staff recommends a design contingency budget of approximately 10% ($11,800) to address any unanticipated changes. As a result, the total expenditure allocation request is $130,000. The FY 18 and FY 19 Capital Improvement Program (CIP) provides a budget of $130,000 for design, funded by the Capital Projects Fund, which is sufficient funding for the design development of this agreement. The CIP identifies an estimate of $870,000 for construction, for a total project estimate of $1 million. However, the construction cost estimate may change depending upon the final design, to meet State compliance, once it is completed. Attachments: 1. Wood Environmental and Infrastructure agreement 7.A Packet Pg. 115 7.A.a Packet Pg. 116 Attachment: Wood Environmental and Infrastructure agreement (1582 : Contract for Design Services for Corporation Yard Storm Water 7.A.aPacket Pg. 117Attachment: Wood Environmental and Infrastructure agreement (1582 : Contract for Design Services for Corporation Yard Storm Water 7.A.aPacket Pg. 118Attachment: Wood Environmental and Infrastructure agreement (1582 : Contract for Design Services for Corporation Yard Storm Water 7.A.aPacket Pg. 119Attachment: Wood Environmental and Infrastructure agreement (1582 : Contract for Design Services for Corporation Yard Storm Water 7.A.aPacket Pg. 120Attachment: Wood Environmental and Infrastructure agreement (1582 : Contract for Design Services for Corporation Yard Storm Water 7.A.aPacket Pg. 121Attachment: Wood Environmental and Infrastructure agreement (1582 : Contract for Design Services for Corporation Yard Storm Water 7.A.aPacket Pg. 122Attachment: Wood Environmental and Infrastructure agreement (1582 : Contract for Design Services for Corporation Yard Storm Water 7.A.aPacket Pg. 123Attachment: Wood Environmental and Infrastructure agreement (1582 : Contract for Design Services for Corporation Yard Storm Water 7.A.aPacket Pg. 124Attachment: Wood Environmental and Infrastructure agreement (1582 : Contract for Design Services for Corporation Yard Storm Water 7.A.aPacket Pg. 125Attachment: Wood Environmental and Infrastructure agreement (1582 : Contract for Design Services for Corporation Yard Storm Water 7.A.aPacket Pg. 126Attachment: Wood Environmental and Infrastructure agreement (1582 : Contract for Design Services for Corporation Yard Storm Water 7.A.aPacket Pg. 127Attachment: Wood Environmental and Infrastructure agreement (1582 : Contract for Design Services for Corporation Yard Storm Water 7.A.aPacket Pg. 128Attachment: Wood Environmental and Infrastructure agreement (1582 : Contract for Design Services for Corporation Yard Storm Water -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “B” SCOPE OF SERVICES Task 1 - Project Management: Assumptions: This task includes invoicing, scheduling, and participation in a kickoff meeting and three status meetings. Project manager will attend kickoff meeting and three status meetings in person. Contract manager and design team will attend kickoff meeting in person, and participate in status meetings via phone. Consultant will prepare meeting minutes. The project schedule will be managed with a Gantt chart schedule that will be provided at the kickoff meeting. QA/QC is included in each task and is not included separately in the Project Management task. Task 2 - Site Assessment: Assumptions: Includes document review and field investigation including site/structure evaluation. Because of this consultant's previous work at the Corporation Yard, a detailed field investigation is not required. An abbreviated field investigation will take place during the same trip as the kickoff meeting. Travel costs for the kickoff meeting/field investigation are included in this task. Task 3 - Preliminary Design: Assumptions: Includes preparation of a Corporation Yard Stormwater Management Master Plan that will include: summary of findings; identification/prioritization of alternative; basis for design; preliminary cost estimates; and proposed timeline for design, construction and training. Prioritized ranking will include consideration of capital cost, water quality benefit, employee/highway safety, and O&M cost. Task 4 - Design Development: Assumptions: Includes preparation of 30, 75, and 100% plans, specifications, and cost estimates. Each successive level will incorporate all comments received from the City. This task includes Principal level review of all plan sets. For this cost estimate we have assumed that infiltration trenches will be selected as a BMP, which will require preparation of a Preliminary Post-Construction Stormwater Quality Report per City Planning Permit Applications. Includes costs to meet on site up to two times with vendors or sub-consultants to develop construction cost estimates. This cost estimate assumes electronic submittals only. Task 5 - Update SWPPP: Assumptions: We are very familiar with the Corporation Yard SWPPP, have possession of all digital files, and will update as necessary. Updates will include new BMPs implemented at the Corporation Yard, internal QA/QC, and one draft review from City before final copy is produced. We will send original electronic copies to the City for future updates to the SWPPP. Task 6 - Post-Construction Stormwater Control Plan: Assumptions: A Post-Construction Stormwater Control Plan (PCSCP) will be developed if LID/Greenfrastracture BMPs to promote infiltration are implemented at the Corporation Yard. The PCSCP will follow the City's guidance for Planning and Permit Applications. It will include a narrative describing proposed post- construction Best Management Practices (BMPs) for the projectand preliminary calculations demonstrating that sufficient space is available to implement the proposal. The report will be compliant with the City's NPDES permit and will only discuss post-construction BMPs, and may be combined with a preliminary drainage report. BMPs and associated calculations (use 7.A.a Packet Pg. 129 Attachment: Wood Environmental and Infrastructure agreement (1582 : Contract for Design Services for Corporation Yard Storm Water -2- 4835-2267-0361v1 LAC\04706083 calculation sheets provided in manual) shall conform to the requirements of the Storm Water Management Guidance Manual for Low Impact Development and Post-Construction Requirements and be designed to promote infiltration as well as provide stormwater treatment. The final PCSCP and will include internal QA/QC and one draft copy for review for the City before final copy is produced. We will send original electronic copies to the City for future updates to the PCSCP. We will discuss with the City if they would like to incorporated the PCSCP into the SWPPP so that all pertinent information is in one document. Task 7 - Final Bid Package: Assumptions: Consultant will respond to City comments on the 100% plans, specifications, and estimates package (produced as part of Task 4) and produce a Final Bid Package for inclusion in the City's Request for Proposal for the Construction Phase. This cost estimate assumes electronic submittals only and phone calls in order to review any final City comments or questions that require clarification. Task 8 - Bid Support: Assumptions: Consultant will provide assistance with bids and submittal reviews and related questions from contractors for up to 5 Requests for Information (RFIs). This cost estimate assumes up to 4 hours for submittal review and no more than 2 hours will be required for each RFI. Task 9 - Construction Support Services: Assumptions: Consultant will provide construction support for up to 4 weeks of construction. This cost estimate assumes up to 4 site visits to confirm proper installations as well as phone call coordination throughout construction. This Task also assumes up to 2 Redline Reviews, with the Contractor preparing redline mark-ups ("as-builts"). Consultant will review the redlines and incorporate the mark-ups on the 100% design drawings (record drawings). This cost estimate assumes electronic submittals only. These services will be provided in accordance with the City's Erosion and Sediment Control Plan and the California Construction General Permit. It's unlikely that construction of SCMs will trigger coverage under the CGP. However, coverage under the CGP might be triggered for asphalt replacement activities. Task 10 - Prepare O&M Plan: Assumptions: Consultant will prepare an O&M Plan with operation and maintenance requirements, recommended staff training, and minimum qualifications for contractors performing O&M services, based on the BMPs that may need O&M. We will perform internal QA/QC and submit one draft copy to the City for review before final copy is prepared. We sill send original electronic copies to the City for future updates to the O&M Plan. We will discuss with the City if they would like to incorporated the O&M Plan into the SWPPP so that all pertinent information is in one document. 7.A.a Packet Pg. 130 Attachment: Wood Environmental and Infrastructure agreement (1582 : Contract for Design Services for Corporation Yard Storm Water 7.A.aPacket Pg. 131Attachment: Wood Environmental and Infrastructure agreement (1582 : Contract for Design Services for Corporation Yard Storm Water Schedule Task or Deliverable Due Date1 Task 1 –Project Kickoff June 15, 2018 Task 2 –Site Assessment June 15, 2018 Task 3 –Preliminary Design July 15, 2018 Task 4 –Design Development August 31, 2018 Task 5 –Update SWPPP January 31, 2019 Task 6 –Post-Construction Stormwater Control Plan January 31, 2019 Task 7 –Final Bid Package September 15, 2018 Task 8 –Bid Support September 30, 2018 Task 9 –Construction Support Services December 15, 2018 Task 10 –Prepare O&M Plan January 31, 2019 1.Assumes contract is signed and we receive the notice to proceed with work by June 1, 2018. 7.A.a Packet Pg. 132 Attachment: Wood Environmental and Infrastructure agreement (1582 : Contract for Design Services for Corporation Yard Storm Water 7.A.aPacket Pg. 133Attachment: Wood Environmental and Infrastructure agreement (1582 : Contract for Design Services for Corporation Yard Storm Water C:\Users\susanne.milani\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\NNFWOTL6\Copy of Gilroy COST SHEET_041718 mes_jhh Amec Foster Wheeler COST ESTIMATE SUMMARY Consultant:Amec Foster Wheeler Environment & Infrastructure, Inc Contract:RFQ for Corp Yard Storm Water Compliance Improvement Project No. 18-RFP-PW-405 Task/Description Budget Task 1 - Project Management $16,833 Task 2 - Site Assessment $5,864 Task 3 - Preliminary Design $13,388 Task 4 - Design Development $49,759 Task 5 - Update SWPPP $4,067 Task 6 - Post-Construction Stormwater Control Plan $6,023 Task 7 - Final Bid Package $4,894 Task 8 - Bid Support $3,876 Task 9 - Construction Support Services $7,734 Task 10 - Prepare O&M Plan $5,747 Total $118,200 Total with contingency (10%)$130,000 Wood Environment & Infrastructure Solutions, Inc. 7.A.a Packet Pg. 134 Attachment: Wood Environmental and Infrastructure agreement (1582 : Contract for Design Services for Corporation Yard Storm Water Compliance Improvements) City of Gilroy STAFF REPORT Agenda Item Title: Award of a Professional Services Contract with BKF Engineers for the Design of the Monterey Road Rehabilitation, Project No. 18 - PW -400 Meeting Date: May 7, 2018 From: Gabriel Gonzalez, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Girum Awoke Julie Behzad Strategic Plan Goals ☐ Financially Sustainable and High Performing Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Award a professional services contract to BKF Engineers for the design of the Downtown Monterey Road Rehabilitation Project No. 18 -PW -400 in the not to exceed amount of $136,613, establish a project contingency budget of 15% ($20,492), and authorize the City Administrator to execute the agreement and related documents, including agreement amendments up to the contingency amount. BACKGROUND The Metropolitan Transportation Commission (MTC) has programmed a grant to the City of Gilroy for the Downtown Monterey Road Rehabilitation Project in the amount of $1,028,000 of federal funds. This federal grant is in the approved Capital Improvement Plan (CIP), CM-2018-15. The City’s matching funds of $308,400 funded by Gas Tax is also included in the FY 18 approved CIP budget for the total budget of $1,336,400 for this project. 7.B Packet Pg. 135 On September 11, 2017, the City Council adopted Resolution No. 2017 -36 which authorized staff to submit a revised application for the grant, commits the City to pro vide any necessary matching funds, and commits the City to completing the project. The scope of work includes: asphalt grinding and asphalt paving on Monterey Road between 1st Street and 4th Street, slurry seal on Monterey Road between 4th Street and 8th Street, new striping and new ADA access ramps where needed. ANALYSIS On December 28, 2017, a Request for Proposals (RFP) was issued to the top three consultants on the City’s prequalified list (from a previous Request For Qualifications) to provide professional services for design and preparation of bid documents and construction support for the Downtown Monterey Road Rehabilitation Project. On January 25, 2018, the City received two (2) proposals from the following consultant teams: Mark Thomas & Company BKF Engineers The two proposals were evaluated by a scoring committee and the proposing consultant teams were interviewed by the committee. BKF Engineers was selected to perform the design services for this project since they demonstrated the best knowledge of the current conditions, knowledge and experience with the federal process and with the Caltrans Local Assistance Program, and their approach to the design and coordination process for a project of this kind. BKF is scheduled to begin the design process upon awarding of the agreement by the City Council and execution of the contract. The design is scheduled to be complete by early 2019. MTC has indicated that the construction funding for this project will be available at the start of Fiscal Year 2022. MTC finalizes their annual obligation plan each year including the federally funded local projects. MTC confirmed that, if the Monterey Road Rehabilitation project is ready to be placed out to bid, the project would be a leading candidate for funding ahead of the projected timeframe. It is anticipated that with the start of design in June 2018, final plans and specifications will be prepared by the end of FY 2019 and the project will be better positioned for receiving earlier funding. ALTERNATIVES If the Council doesn’t award the agreement at this time, design may be delayed and construction will be further out. This alternative is not recommended. FISCAL IMPACT/FUNDING SOURCE 7.B Packet Pg. 136 BKF’s proposed price for this design project is $136,613. Staff recommends a design contingency budget of 15% ($20,492) to address any unanticipated changes or requests. Typically, staff has used a 10% contingency, however, since the design plans will require review and approval by outside agencies such as Caltrans, VTA and MTC, a 15% contingency is being applied for any unknown design changes by these outside agencies. As a result, the total expenditure allocation request is $157,105. The current FY 18 Capital Improvement Program budget of $174,000, funded by Gas Tax, for the design services of this project is sufficient funding for the design development of this agreement. Attachments: 1. Service Agreement for Monterey Rd Rehab - Signed 7.B Packet Pg. 137 -1- 4835-2267-0361v1 LAC\04706083 AGREEMENT FOR SERVICES (For contracts over $5,000 - CONSULTANT) This AGREEMENT made this 6th day of April, 2018, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: BKF Engineers, having a principal place of business at 1730 N. First Street, Suite 600, San Jose, CA 95112. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on May 21, 2018 and will continue in effect through May 21, 2019 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”). 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. 7.B.a Packet Pg. 138 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) -2- 4835-2267-0361v1 LAC\04706083 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 $136,613.00. 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. 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 7.B.a Packet Pg. 139 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) -3- 4835-2267-0361v1 LAC\04706083 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. 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, 7.B.a Packet Pg. 140 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) -4- 4835-2267-0361v1 LAC\04706083 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 effec tive 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 insureds 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; CITY will not make disability insurance contributions on behalf of CONSULTANT; CITY will not obtain workers’ compensation insurance on behalf of CONSULTANT. 7.B.a Packet Pg. 141 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) -5- 4835-2267-0361v1 LAC\04706083 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. 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. 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 breach 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 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 7.B.a Packet Pg. 142 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) -6- 4835-2267-0361v1 LAC\04706083 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 the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either. 7.B.a Packet Pg. 143 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) -7- 4835-2267-0361v1 LAC\04706083 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. 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. 7.B.a Packet Pg. 144 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) 7.B.a Packet Pg. 145 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) -9- 4835-2267-0361v1 LAC\04706083 Approved as to Form ATTEST: City Attorney City Clerk 7.B.a Packet Pg. 146 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) -1- 4835-2267-0361v1 LAC\04706083 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 Marcelo Cosentino, 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, Gary Heap 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 al l 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 Agr eement, CITY shall so inform CONSULTANT within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit “C”. IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement. 7.B.a Packet Pg. 147 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) -2- 4835-2267-0361v1 LAC\04706083 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. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP 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. 7.B.a Packet Pg. 148 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) -3- 4835-2267-0361v1 LAC\04706083 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 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. 7.B.a Packet Pg. 149 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) -4- 4835-2267-0361v1 LAC\04706083 H. NOTICES. Notices are to be sent as follows: CITY: Gary Heap City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: Natalina Bernardi BKF Engineers 1730 N. First St., Ste 600 San Jose, CA 95112 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. 7.B.a Packet Pg. 150 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “B” SCOPE OF SERVICES 7.B.a Packet Pg. 151 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) BKF | 29Section FourSCOPE OF WORK 7.B.a Packet Pg. 152 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) 29 SCOPE Proposal – City of Gilroy: Downtown Monterey Road Rehabilitation Project BKF’s Project Manager Marcelo Cosentino, PE, and Principal-in-Charge Natalina Bernardi, PE will be the lead for the City’s Project and have the entire company’s resources available to them. Having worked together for over 11 years on roadway design, intersection modification, pedestrian and bicycle safety improvements, traffic signal installation and median projects throughout the San Francisco Bay Area, we are committed to the City and responsible for managing the Project and the BKF Team. We will Supervise, coordinate and monitor the design for conformance with the City standards and policies. The proposed BKF approach considers all phases of the Project from conception to completion and includes work for the development of the Plans, Specifications and Estimate (PS&E) for the Downtown Monterey Road Rehabilitation Project (Project). BKF understands the relationship between the approval process of preliminary design and final design as it affects the overall schedule of a project. Having worked on multiple roadway rehabilitation and improvement projects with federal funding requirements, road reconstruction, complicated construction staging, utility impacts, preservation of existing elements and Caltrans coordination, we understand the need to develop complete and thorough preliminary plans in the early phases of design development. This allows for early identification of Project requirements. Ensuring that the City is continually informed is the key to avoiding scheduling delays. PROJECT OVERVIEW AND UNDERSTANDING The City of Gilroy (City) is interested in initiating the design and preparation of construction documents to rehabilitate Monterey Road between 1st Street and 8th Street. The Project will evaluate the existing pavement conditions along Monterey Road between San Juan Drive and 600 feet west of Lawrence Expressway. The existing Monterey Road consists of four lanes, on street parking, raised median divider, and mixed signalized and unsignalized intersections with a combination of commercial and retail uses which front the project site. Project improvements will include the following: 1. Pavement evaluation of Monterey Road within project limits with design report 2. Rehabilitation of Monterey Road pavement to include resurfacing and localized roadway reconstruction (dig-outs) and striping from 1st Street to 4th Street 3. Slurry Seal and restriping along Monterey Road from 4th Street to 8th Street 4. Removal and replacement of damaged curb and gutter, pavement aprons 5. Construction of ADA compliant curb ramps at non-compliant ramp locations at the following intersections a. Monterey Road/1st Street (Route 152/Caltrans Signalized Intersection) b. Monterey Road/2nd Street (City Unsignalized Intersection) c. Monterey Road/Ioof Avenue (City Unsignalized Intersection) d. Monterey Road/3rd Street (City Signalized Intersection) 6. Coordination of work around outdoor dining structures 7. Evaluation of existing ADA parking spaces for compliance to latest standards 8. Protection of the City’s existing pedestrian and median improvements along Monterey Road from 4th Street to 8th Street 9. Obtain E-76 for construction by October 2018 As with many local communities facing budget constraints, the City of Gilroy has secured funds through federal grants to ensure mobility within the community. It is anticipated that the City’s budget for construction of the proposed improvement outlined above is $1,162,400. 7.B.a Packet Pg. 153 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) 30 SCOPEOF WORK STATEMENT BKF has reviewed the Project scope included in the City’s RF and is pleased to provide the following scope of work statement associated with the City’s Project: TASK 1: PROJECT MANAGEMENT BKF’s Project Manager will be responsible for managing the project team, providing the resources to complete the job, monitoring and updating the Project budget and schedule, implementing a quality assurance/quality control program and communicating regularly with the City and stakeholders. BKF’s Project Manager will keep the City informed by close communications on a day-to-day basis and be continually available to the City as needed. To maintain the Project schedule, BKF will act as strategic counsel by flagging issues, providing recommended solutions for discussion and implementing the accepted action. BKF will ensure that coordination with the City and stakeholders is enhanced via focus meetings, as needed. During the PS&E, meetings will take place to review the design and comments at the various stages of design. For the Project, BKF will be available to assist the City with obtaining stakeholder consensus. BKF will provide project management services for each task for the entire duration of the projects. BKF’s Project Manager will be responsible for ensuring that the project tasks are completed in a timely manner to the satisfaction of the City and will use the following management activities to facilitate the Project objectives: 1.1 Project Administration - Supervise, coordinate, and monitor the design for conformance with City’s standards and policies. BKF will establish and implement a quality control procedure for design activities, perform in-house quality control reviews for each task, and submit project deliverables to the City for review in accordance with the approved schedule. 1.2 Project Kick-off Meeting - A kick-off meeting will be scheduled with the City soon after the Notice-to-Proceed to confirm Project scope and objectives. BKF will meet with City staff to establish project expectations, discuss agency reviews and determine the schedule for the Project. 1.3 Progress Review Meetings – Mr. Cosentino will set up and run Project Review Meetings with the City after each milestone Submittal. We will discuss the Project progress, issues which may affect the Project schedule and budget, and any other agenda items that City may request for discussion. Agendas, action logs, updated Project schedules and meeting minutes will be prepared and distributed. We will maintain continuous communication with the City to ensure the City’s goals and expectations are being satisfied. BKF will also attend up to three Caltrans coordination meetings for resolution of Caltrans comments. 1.4 Project Schedule - Prepare and update schedule for the entire project using Microsoft Project software to be submitted at each Progress Review Meeting. Project Schedule will include key milestones and agency review periods. 1.5 Invoices/Progress Reports - Monthly progress reports will summarize milestones accomplished during the reporting period and discuss outstanding issues and action items. Progress reports will also identify concerns and recommendations. Invoices will include costs to date and percent complete. 1.6 Quality Assurance/Quality Control - BKF will implement a quality control procedure for design activities, perform in-house quality control reviews for each task, and submit Project deliverables to the City for review in accordance with the approved schedule. This scope of work will be included in Task 2 and Task 3 deliverables. TASK 1– DELIVERABLES: » Kickoff Meeting Agenda and Minutes » Schedule Updates » Progress Review Meeting Agendas, Minutes, and Action Items » Progress Reports and Invoices TASK 2 – PRELIMINARY DESIGN 7.B.a Packet Pg. 154 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) 31 Immediately after receiving the Notice-to-Proceed, BKF will perform site investigations and review all available documentation. We will conduct preliminary investigations and verify right of way and utility locations. This task will consist of compiling, reviewing existing data pertinent to the Project and performing investigations necessary to verify the projects criteria and scope. Also included are planning phase activities, identifying supplemental information, conducting pavement evaluation, performing field survey work, conducting site visits/field review/field trips, and obtaining information and requirements related to utilities and right of way conditions. BKF team activities will include the following during this task: Task 2.1 - Collect Record Data, Studies, and Relevant Project Information: BKF will obtain and review available data and information necessary for design of the Project. This information may be obtained from the City, utility companies, or other organizations. BKF will compile available pavement condition index, right of way record maps, title reports, utility occupation drawings, block maps, and third party utility as-built information of record to supplement the topographic base sheets and begin the utility verification process. Data to be reviewed includes the following: • Previous report(s) or documents related to the proposed project area • As-built plans • Utility information • Right of way information (Provided by the City) Task 2.2 - Pavement Condition Assessment: As Subconsultant to BKF, Pavement Engineering Inc., (PEI), will perform the pavement condition assessment and evaluation. The Pavement Condition Assessment consists of deflection testing and coring the pavement to determine the asphalt layer and aggregate base thicknesses. Deflection tests will be performed within the project rehabilitation limits (along Monterey Road form 1st Street to 4th Street) at 100-foot maximum intervals in each lane (minimum of 10 tests per lane). Coring will be performed within the project rehabilitation limits at 500-foot maximum intervals over the street segment alternating between lanes. The deflection analysis will be performed in general accordance with CTM 356. Traffic control will be provided by a licensed traffic control company. PEI will also perform full structural section measurement and sampling of the native soil for R-value determination. Native soil samples will be collected at 1,000-foot intervals within the project rehabilitation limits. Upon completion of the field testing, PEI will provide an engineering design report with our finding and recommendations. The analysis will include evaluating alternatives for overlaying; milling and replacement; cold in place recycling (CIR), Full depth reclamation (FDR) and reconstruction. BKF will evaluate the PCI data and distress survey to evaluate if the recommended repair offers the highest benefit. We will develop cost analysis and potentially refine the rehabilitation strategy to remain within budget. Our team will summarize our approach to comply with the July 2013 Federal Highway Administration and Department of Justice directive related to providing curb ramps when agencies alter streets through resurfacing. The following will be included in BKF’s report to the City: • Summary of existing surface conditions including updated PCI, horizontal and vertical grades, deflection test results, and accessibility compliance • List of potential project risks including permit conditions, public utility relocations, or private property coordination necessary to complete the work • Recommendations for pavement restoration, including projected design life if we offer deviations from the proposed plan • Recommendations for phasing and staging of construction that will serve as the basis for the outreach campaign 7.B.a Packet Pg. 155 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) 32 Task 2.3 - Detection System Evaluation: Our traffic engineer will evaluate as built plans provided by the City and Caltrans and perform a site visit to assess project impacts to the existing vehicular detection system. All work related to restoration of the existing vehicular detection system will be identified in the preliminary plans and cost estimate. If the detector loops need to be reconstructed, restoration of loop detectors will be shown on the striping plans. It is assumed by BKF that complete traffic signal modification plans will not need to be prepared for this Project. Task 2.4 - Field Review Pavement, Curb and Gutter, and Curb Ramp Conditions: BKF will visit Monterey Road to document areas of distress, damage to curbs and gutters, conflicts with accessibility, and locations of existing utilities. We will compile both a photographic log and field notes of the investigation. BKF will record type, location, size, and severity of distress using GPS equipment for integration into the base mapping. BKF will evaluate the following: Existing pavement condition Existing curb and gutter and concrete apron condition – identify damaged curb and gutter and apron locations Location of non-compliant ramps and accessible parking Location of existing utility boxes, poles and signal equipment Back of walk conforms for curb ramp replacement After completing the field review, BKF will compile base maps using the City and County’s GIS information and aerial photogrammetry provided by the City. We will incorporate the City’s storm drain and sewer information into the base drawing. In those locations to receiving accessibility improvements, BKF will collect detailed survey data for installation of curb ramps, curb and gutter and sidewalks (as necessary). We will assemble the drawings in AutoCAD Civil 3D format for use in final design. Task 2.5 - Field Survey Services: BKF will perform field survey to confirm existing conditions for the Project. Surveyed elements will include the existing median, curb returns where ramps will be reconstructed, roadway crown, and above-ground utilities. Utility information, manholes and inlets potentially impacted by the Project, will be located to provide information for coordination of the proposed improvements. OPTIONAL TASK: BKF has obtained an estimate for aerial topo within the project limits. An aerial topographic company will prepare aerial topo for Monterey Road. The aerial topo accompanied with the Civil 3D surface may be used to enhance the existing conditions information. This estimate has been provided in BKF’s fee as an optional task. Task 2.6 - Utility Research and Coordination: BKF will perform utility research to map the existing utilities and develop relocation plans for conflicting utilities. All the gathered utility information will be compiled and used to supplement the project bases sheets to provide a complete existing base. This level of effort will minimize construction costs and ensure the correct placement of the proposed improvements. We will provide both written notice and hold a meeting at the City offices describing the proposed construction schedule and a moratorium on future work once the paving is complete. As part of the utility coordination work, BKF will: BKF will work with the City to upgrade non-compliant curb ramps under the guidance developed by the Department of Justice/ FHWA BKF will work with the City to identify areas of concrete pavement in need of repair 7.B.a Packet Pg. 156 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) 33 • Review as-built utility information for the Project area • Request utility mapping from all affected utility owners • Update base mapping with existing utility information • Identify potential utility conflicts • Submit utility maps to impacted utility owners for verification of potential conflicts • Coordinate the above work with the utility owners • Though not included in the above mentioned scope of work, at the City’s request, BKF will provide a separate scope and fee from a potholing contractor as needed for potholing of utilities in potential conflict with the work TASK 2 – DELIVERABLES: » Pavement Condition Assessment Report » Detection System Evaluation Findings » Field Survey Information » Utility Outreach Documentation, Utility Maps and Utility Plan TASK 3 – FINAL DESIGN AND BID PACKAGE With the completion of the site investigation phase, BKF will initiate the Final Design and Bid Package phase with the 30% submittal. Task 3.1 - 30% Submittal: BKF will prepare the existing conditions/utility plan, plan layout showing limits of pavement rehabilitation and slurry seal. Because the 30% submittal will become the backbone of future design submittal, BKF will solidify our design of the roadway elements and implement predetermined locations of dig-outs, rehabilitation method and overlay limits. We will also look at preliminary grading to ensure no ponding or flow into driveways and curb ramps. BKF will prepare, coordinate and submit the following design plans in AutoCAD format: Cover Sheet: will be prepared to provide an overview of the project limits and an index of project sheets. Typical Sections: will be prepared at select locations based on the surveyed base maps and field visit to show roadway reconstruction. Existing Conditions/Demolition Plan: BKF will evaluate the existing facilities impacted by the proposed improvements. The evaluation will include existing conditions, unusual/special conditions and adjustments of valves, inlets and manholes conflicting with the proposed work, right of way needs, and potential permits. BKF will identify curb ramps to be reconstructed and those to be protected in place, drainage facilities and all utilities (e.g. water, sewer, gas, electric, cable TV, telephone, valves, boxes, and service connections) on 20-scale plan sheets. BKF anticipates only minor utility impacts and adjustments for this Project. BKF will provide approximate relocation requirements to the City, for coordination with the appropriate utility owners. Layout Plan: will be prepared on 20-scale plan sheets. Base sheets will include basic horizontal layout information and identify all major construction features including areas of reconstruction, slurry seal, and conform limits, curb ramp reconstruction and intersection conforms. Pavement Delineation and Signing Plan: BKF will work with the City to coordinate the new striping for Monterey Road. Any BKF worked with the City of Sunnyvale during the Pavement rehabilitation on Duane Avenue (see photo above) to lower the crown on a 1-mile stretch or roadway and prepared a special detail and design criteria for lowering the brick storm drain manholes to the new grade (see image below). 7.B.a Packet Pg. 157 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) 34 on-Street accessible parking will be upgraded to existing standards. A field survey will be conducted to develop an inventory of existing signs so that the disposition of existing signs may be highlighted in the plans. Plans will be prepared on 40-scale and will delineate the proposed striping and sign plan. Some of the new bike lane signs may be mounted on existing sign post or poles. Restoration of vehicular detection will also be included in the pavement delineation plans. Specifications: The Technical Specifications outline and table of contents will be developed to complement the 30% plans. Construction Cost Estimates: BKF will prepare a preliminary cost estimate to ensure that the magnitude of cost corresponds to the Project budget. Should the scope exceed the budget, we will include value-engineering strategies in our analysis, which may include alternative rehabilitation strategies or delaying repairs to certain segments. Quality Assurance/Quality Control (QA/QC): BKF will perform an in-house QA/QC review of the documents submitted to the City and Caltrans. BKF’s quality control review for the 30% submittal will include the review of the design package for compliance with the governing jurisdictional standards and completeness. The review will focus on ensuring that the plan elements are clearly delineated. The different project sheets will present the design in a common manner with no contradictions or variances. TASK 3.1 – DELIVERABLES: » 30% Project plans, draft technical specifications outline and order of magnitude cost estimate » Project schedule will be updated and submitted as summarized in Task 1 (above) » Information regarding necessary permits and right of way Task 3.2 - 75% PS&E Submittal: All the major components of the design plans, technical specifications and estimate will be included in the 75% design submittal. With the establishment and review of the intersection, design will be production- oriented for preparation of project plans. The plans will be developed to a 75% level in order to obtain a thorough review. BKF will evaluate efficient and sequential construction staging by considering use of alternate access whenever possible. The focus of the design team is to finalize the supplemental project information that forms the basis of design for the Project. In this light, the emphasis becomes design and production-oriented. All project sheets, which will be represented in the bid documents, will be identified and developed in varying degrees of detail during this phase. The vertical design, including top of curb and pavement elevations, will be refined during the 75% PS&E design effort. Following the efforts previously conducted for the 30% Submittal engineering work, the top of curb and pavement elevations will consider and balance the Project area constraints including conforms along public right of way, and will incorporate impacts to driveways, curb ramps, and adjacent sidewalk interface conforms. Furthermore, the longitudinal slope of the curb and gutter, which defines the drainage patterns, will be detailed and integrated with the pedestrian improvements along the sidewalk. For the 75% design submittal, the 30% plan sheets will be further developed and new drawings will be prepared as noted below: Cover Sheet: will be updated for the 75% Submittal. Typical Cross Sections: will be updated at select locations based on the new information and field visit. Existing Conditions/Demolition Plan: BKF will update the existing conditions impacted by the proposed improvements with information obtained in the field. Layout Plan: will illustrate the limits and scope of surface improvements. All components of the geometry and roadway features will be identified including lane and parking widths. The plan will also identify the location of new curb ramps with respect to new and existing utility boxes and inlets. Limits and method of roadway reconstruction and slurry seal will be identified on the plan. Drainage and Grading Plan: The drainage and utility plans will identify the proposed modifications to the drainage system, including inlets, manholes, and pipes. Existing elements of the drainage system to remain and changes to the drainage system will be designed based on the established pavement rehabilitation requirements. Due to the steep quarter-crown cross slopes, new grading will be evaluated for Monterey Road between 1st Street and Fourth Street. Additionally, grades 7.B.a Packet Pg. 158 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) 35 will be evaluated for compliance with ADA guidelines at curb returns and at accessible parking areas. BKF’s experienced utility coordinator will continue to work with the respective utility owners to ensure that all conflicts and service points are coordinated and relocations are confirmed for schedule and design. A utility conflict resolution matrix will be prepared as necessary to track utility relocations. Construction Details: Construction details will be prepared to reference City and Caltrans standard plans, and provide additional guidance to the contractor for grading at curb returns and pavement conforms. Pavement Delineation and Signing Plan: New signs in accordance with MUTCD will be identified for relocated signs and coordinated with other plan sheets. Existing street name signs will be relocated onto the new poles, as necessary, for new curb ramp installation. If a sign is faded or illegible, the City may consider replacing the sign. Staging Plan: Standard lane closures and detours will be used to reconstruct portions of pavement sections and overlay as necessary. BKF will also identify impacts to on-street parking during construction. It is important that the stage construction concepts maintain free-flow movement including pedestrian access during construction. The stage construction concept will provide for circulation of residents and patrons in this busy downtown area. The design will verify that sufficient roadway width with proper safety improvements is maintained throughout all stages of construction. Lane widths will be evaluated to ensure that delivery trucks and fire trucks can circulate through the staging effectively. Signage will be incorporated into the stage construction plans to clearly delineate changes to existing traffic patterns. BKF will also maintain access to driveways and side streets. OPTIONAL TASK: Traffic Signal Pan: Once BKF has completed the field investigation we will meet with Caltrans to establish the outcome of the traffic signal at Monterey Road/1st Street. Per he Highway Design Manual’s advisory requirements, Caltrans may require two ramps at each curb return for this intersection. This will require reconfiguration of the existing traffic signal system. BKF will prepare the traffic signal plans as an optional scope of work if required by Caltrans or as necessary for the placement of new curb ramps. The traffic signal plan will be prepared and updated for each deliverable to the City and Caltrans. Specifications: The Project technical specifications will be prepared in the City’s standard format for all work items necessary for the construction of the Project. BKF will assemble the Technical Specifications for the Project. Additionally, BKF can assist the City in preparing Specifications boilerplate for federally funded projects. Construction Cost Estimate: The construction cost estimate will be updated to validate the current design and verify funding requirements for construction of the Project. The cost estimate will identify construction work items, quantities, unit costs, and summarize the estimated total project cost, including allowances for mobilization and contingencies. Unit prices will be determined from similar projects that were recently constructed in the nearby areas. A Project Bid Schedule will be included with the construction cost estimate. Quality Assurance/Quality Control (QA/QC): BKF will perform an in-house QA/QC review of the documents submitted to the City. BKF’s quality control review for the 75% submittal will include the review of the design package for coordination among the various design elements. The different project sheets will present the design in a common manner with no contradictions or variances. TASK 3.2 – DELIVERABLES: » Reponses to City’s comments on the 30% Submittal » 75% Project plans, technical specifications, construction cost estimate and bid schedule » Project schedule will be updated and submitted as summarized in Task 1 (above) » Utility conflict resolution matrix 7.B.a Packet Pg. 159 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) 36 Task 3.3 - 100% PS&E Submittal: The BKF Team will focus on refining, finalizing, and detailing the Project; including resolving and incorporating all design comments resulting from the 75% submittal review. A major task associated with this resolution is balancing the requirements of the stakeholders, including utility owners. All gaps in the design caused by late-coming changes or pending design and policy decisions will be specifically targeted on the 100% design documents for immediate resolution. Construction details for the project elements will be finalized as part of this phase of the design process. During the 100% design phase, BKF’s experienced Project Manager will closely monitor the resolution of critical activities, which have their own separate and defined timeline. BKF will review and finalize the request for service and/or utility owner’s undergrounding plans, schedule and implementation. Prior to completion of the 100% design documents, the BKF team will coordinate with the City and stakeholders to iron- out any wrinkles remaining in design scope, schedule and construction operations. Prior to delivering the 100% submittal, BKF will complete its own in-house peer review of all outgoing documents. Cost estimates will be updated and compared to the available budget. TASK 3.3 – DELIVERABLES: » Reponses to City’s comments on the 75% Submittal » 100% Project plans, technical specifications, construction cost estimate and bid schedule » Project schedule will be updated and submitted as summarized in Task 1 (above) » Updated Utility conflict resolution matrix Task 3.4 – Bid Package: For the Bid Package submittal, BKF will incorporate or resolve any remaining comments received as a result of the 100% submittal review. BKF will also conduct remaining site investigations. It is crucial that the design engineers are confident that existing field conditions have not changed since inception of the project and are depicted accurately in the bid-ready documents. Assumptions, in lieu of verifications, are not acceptable; BKF will walk the site with the final bid documents prior to submittal. All remaining aspects of the design will be finalized in order to prepare a complete, checked and bid-ready set of documents. Schedules for utility relocations will be confirmed. The construction cost estimate will be updated and formatted to its final form. BKF will conduct a final quality control review on all documents to ensure that all design elements are thoroughly addressed prior to their submission to the City. In Downtown Oakley, BKF worked with the City to rehabilitate Main Street, a deteriorating roadway which was formerly a Caltrans route. BKF assisted the City in preparing a staging plan for night work so as to not impact the neighboring businesses. BKF will evaluate potential impacts to drainage structures and traffic signal poles near curb ramps BEFORE AFTER 7.B.a Packet Pg. 160 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) 37 TASK 3.4 – DELIVERABLES: » Reponses to City’s comments on the 100% Submittal » Bid-ready hard copy of Project plans, technical specifications and construction cost estimate/bid schedule » CD of Electronic copy of all final Auto CAD drawings, in native format and PDF, and final technical specifications » Project schedule will be updated and submitted as summarized in Task 1 (above) » Documentation form site visit. Task 3.5 - Caltrans Local Assistance (E-76) Process BKF will take the lead in scheduling the field review with Caltrans and preparing the E-76 documents as we have done so on many other projects with local agencies. We take pride in our relationships with the Caltrans Local Assistance office and have a clear understanding of their requirements. The following forms will be necessary for the E-76 Process: Request for Authorization to Proceed with Construction Request for Authorization to Proceed – Data Sheet Finance Letter Field Review Form Cost Estimate PS&E Certification PS&E Checklist with Attachments Right of Way Certification Local Agency Checklist Utility Certification TASK 3.5 – DELIVERABLES: » E-76 Forms as identified above » Field Review minutes Task 3.6 - Caltrans Encroachment Permit The intersection of Monterey Road/1st Street is a part of Caltrans State Route 152. Therefore it is assumed by BKF that this portion of the work will be designed and constructed under a Caltrans Encroachment Permit. BKF will prepare the Encroachment Permit and coordinate the work with Caltrans. BKF is assuming that coordination will be a standard Encroachment Permit, and additional documentation will not be required (PEER, Fact Sheets, PA/ED, etc.). BKF will only perform a preliminary review of design exceptions for coordination with Caltrans. It is assumed by BKF that Caltrans will allow the Project to be constructed with no significant change to the existing intersection configuration. Any permit costs incurred by BKF will be a pass-through cost to the City. For this task, BKF will prepare the following: Encroachment Permit Application Storm Water Data Report (Short Form) Right-of-Way Certification Break-out plans for work in the Caltrans Right of Way 7.B.a Packet Pg. 161 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) 38 Specifications for work in the Caltrans Right of Way Construction Cost Estimate for work in the Caltrans Right of Way TASK 3.6 – DELIVERABLES: » Draft Caltrans Encroachment Permit Submittal » Final Caltrans Encroachment Permit Submittal » Response to Caltrans Comments » Storm Water Data Report (Short Form) » Right of way Certification TASK 4 – POST DESIGN AND CONSTRUCTION SUPPORT SERVICES With the completion of the Bid Package, BKF will assist the City through the bid and construction period summarized as follows: Task 4.1 - Bidding Services: The scope for bidding assistance to be provided by BKF is comprised of the following tasks: Assist City throughout the bid process and attend the Pre-Bid Meeting Provide clarifications to the Bid Documents per Contractor inquiries Task 4.2 - Construction Support Services: The scope for construction support services to be provided by BKF is comprised of the following tasks: Attend pre-construction meeting and field walk-through Review Contractor submittals Respond to Contractor RFIs, change orders, and drawing revisions Perform site visits to evaluate the progress of construction Attend field walk and provide input for punch list items Perform one site visit to review completion of punch list items QUALITY Quality takes priority at BKF and is not just the final checking of our deliverables. It is the concurrent integration of specific project planning and review steps throughout the management process. BKF’s Quality Assurance Program requires independent review of all documents by an engineer other than the design engineer prior to signing and stamping plans by the project manager. The quality assurance engineer will be involved early in the project process to review the plans for concept and constructability. In monitoring the project throughout, changes in scope will be identified immediately and discussed with the City. Early identification of changes and obstacles allows for corrections to be incorporated with limited consequence. Our commitment to quality can be demonstrated by not permitting failures. The catalyst to this is not only professionalism but also relationships where knowledge of each other’s abilities and strengths are known and support As part of Richmond’s standard pavement maintenance program, BKF assisted staff in road diets along Cutting Boulevard and 23rd Street to facilitate installation of class II bicycle lanes consistent with the City’s Bicycle Master Plan For the Sunnyvale Avenue/Old San Francisco Road Project in Sunnyvale, BKF provided signal modifications and pavement reconstruction on an intersection located in the Caltrans right of way and prepared the Caltrans encroachment permit application package. 7.B.a Packet Pg. 162 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) 39 is continually provided through respect. This team’s long relationships are unmatched and provide the confidence and expectation that each member will perform at their highest standard and will deliver a Project that the entire team is proud of. BKF team members have been working with each other for over 10 years while the Principal in Charge and the Project Manager years of developing designs for public agencies has spanned 25 years. We are confident that the City will deliver the best quality project for the Downtown Monterey Road Rehabilitation Project with BKF’s technical expertise, local knowledge, proven quality process and unparalleled relationships. COST CONTROL AND BUDGETING Efficient project management and cost control is critical to the success of the City’s Project. BKF repeatedly manages projects that require a consistent approach with integrated scheduling and reporting. Control of project costs, schedule and team organization are key elements outlined in our work plan during the initial stages of project development. Our work plan clearly identifies the client’s project goals and requirements. By clearly understanding these goals and requirements, we can establish a baseline budget, maintain the schedule and establish standards for team coordination. BKF has developed a detailed fee for our team’s services based on the work plan and schedule. Marcelo will be responsible for closely monitoring that the team’s “burn rate” is consistent with the status of the design and to ensure that all work is completed within the negotiated budget for the Project. By simultaneously tracking cost and schedule, BKF will establish budgetary regulation to ensure the City’s commitments are met, resources are efficiently utilized on a task by task basis, and duplication of work is avoided. REPORTING At BKF, our Project Managers are experienced in using all leading cost tracking and information sharing software such as Deltek and BKF Sharefile can integrate these systems with those used by our clients. These program-specific extranets are used to enhance the speed, clarity, and efficiency of communication and knowledge-sharing. Our project manager is able to access the Project budget and metrics real-time. Our invoices and project reporting enhances transparency in tracking cost and design progress for many of our clients. For the City, BKF will produce the following: The Project Invoice which will indicate: The billing period The staff who worked on the job and the number of hours spent The consultants and the reimbursable amounts The current invoice amount The project summary summarizing contract amount, previous billings, current billings and contract remaining Account payable summary In addition, BKF will provide a Project Summary which will indicate: Total contract amount, amount billed, contract amount remaining and percentage billed Percentage of work completed versus billed amount A statement indicating whether the remaining contract amount will be adequate to complete the work A breakdown of the work completed by task An estimate of the project completion date 7.B.a Packet Pg. 163 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “C” MILESTONE SCHEDULE 7.B.a Packet Pg. 164 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) ID Task Name Duration Start Finish Predecessors 1 Total Duration 185.5 days Wed 5/2/18 Wed 1/16/19 2 Preliminary Design/Community Outreach 44.5 days Tue 5/29/18 Mon 7/30/18 3 Kickoff Meeting 1 day Tue 5/29/18 Tue 5/29/18 4 Data Collection 2 days Wed 5/30/18 Thu 5/31/18 3 5 Base Mapping 4 days Mon 6/4/18 Thu 6/7/18 3FS+3 days,4 6 Field Review/Survey 3 days Fri 6/1/18 Tue 6/5/18 4 7 Geotechnical Investigations 1.5 wks Wed 6/6/18 Fri 6/15/18 6 8 Prepare Preliminary Design 2 wks Fri 6/15/18 Fri 6/29/18 7 9 Review Meeting with City Staff 1 day Fri 6/29/18 Mon 7/2/18 8 10 Stakeholders Coordination 4 wks Mon 7/2/18 Mon 7/30/18 9 11 Design Development/Construction Documents 142 days Mon 7/2/18 Wed 1/16/19 12 Prepare 75% PS&E 3 wks Mon 7/2/18 Mon 7/23/18 9 13 75% Submittal to the City 0 days Mon 7/23/18 Mon 7/23/18 12 14 City Review Period 4 wks Mon 7/23/18 Mon 8/20/18 13 15 Review Meeting with City Staff 1 day Mon 8/20/18 Tue 8/21/18 14 16 Prepare 100% PS&E 3 wks Tue 8/21/18 Tue 9/11/18 15 17 100% Submittal to the City 0 days Tue 9/11/18 Tue 9/11/18 16 18 City Review 4 wks Tue 9/11/18 Tue 10/9/18 17 19 Review Meeting with City Staff 1 day Tue 10/9/18 Wed 10/10/...18 20 Submit for Caltrans Encroachment Permit (Traffic Handling Only) 0 days Mon 7/23/18 Mon 7/23/18 13 21 Caltrans Review 40 days Mon 7/23/18 Mon 9/17/18 20 22 Incorporate Comments 5 days Mon 9/17/18 Mon 9/24/18 21 23 Caltrans Review 4 wks Mon 9/24/18 Mon 10/22/...22 24 Caltrans Issues Encroachment Permit 2 wks Wed 11/21/...Wed 12/5/18 23,37 25 Prepare Bid Package 2 wks Wed 12/5/18 Wed 12/19/...24 26 Submit Bid Package to City 0 days Wed 12/19/...Wed 12/19/...25 27 Ready to Advertise 4 wks Wed 12/19/...Wed 1/16/19 26 28 Local Assistance Coordination (E-76)145.5 days Wed 5/2/18 Wed 11/21... 29 Submit PES 0 days Wed 5/2/18 Wed 5/2/18 30 Local Assistance Field Meeting 1 day Tue 5/29/18 Tue 5/29/18 31 Prepare & Submit Technical Studies 15 days Mon 6/4/18 Fri 6/22/18 30 32 Caltrans Review Technical Studies 20 days Mon 6/25/18 Fri 7/20/18 31 33 Caltrans Approves Technical Studies/CEQA/NEPA 0 days Fri 7/20/18 Fri 7/20/18 32 34 Complete Right of Way Certification 2 days Mon 9/24/18 Wed 9/26/18 22 35 Complete Standard Memoranda 2 days Mon 9/24/18 Wed 9/26/18 22 36 Review/Coordination with Local Assistance 4 wks Wed 9/26/18 Wed 10/24/...34,35 37 Review/Coordination with Caltrans HQ 4 wks Wed 10/24/...Wed 11/21/...36,23 38 E76 for Construction Issued 0 days Wed 11/21/...Wed 11/21/...37 7/23 9/11 7/23 12/19 5/2 7/20 11/21 29 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 May '18 Jun '18 Jul '18 Aug '18 Sep '18 Oct '18 Nov '18 Dec '18 Jan '19 Task Milestone Summary Rolled Up Task Rolled Up Milestone Rolled Up Progress Split External Tasks Project Summary Group By Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Manual Summary Rollup Manual Summary Start-only Finish-only Progress Deadline City of Gilroy DOWNTOWN MONTEREY ROAD REHABILITATION PROJECT BKF Engineers Fri 4/13/18 Page 1 7.B.a Packet Pg. 165 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) 4835-2267-0361v1 LAC\04706083 EXHIBIT “D” PAYMENT SCHEDULE 7.B.a Packet Pg. 166 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) 3/2/2018 Updated March 1, 2018 TASK SCOPE DESCRIPTION PIC (Natalina Bernardi) PM (Marcelo Cosentino PIC (Davis Thresh) Jeff Wang (Traffic Engineer) QA/QC (Carmelo Cecilio) Engineer III/ Survey III Engineer II/ Survey II Engineer I/ Survey I Drafter III Field Survey Crew Admin Total Hrs EST FEE $237.00 $197.00 $237.00 $212.00 $197.00 $168.00 $148.00 $129.00 $143.00 $278.00 $67.00 TASK 1 1.1 Project Administration 2 10 12 2,444.00$ 1.2 Attend Project Kick-off Meeting 3 3 6 1,302.00$ 1.3 Project Review Meetings (Assume 4 Meeting)8 6 14 2,584.00$ 1.4 Project Schedule 2 4 6 1,066.00$ 1.5 Invoice/Progress Reports 2 8 10 2,050.00$ Subtotals 7 31 ---10 -----48 9,446.00$ TASK 2 Preliminary Design 2.1 Collect Record Data, Studies, and Relevant Project Information 4 4 8 1,460.00$ 2.2 Pavement Condition Assessment (Also See PEI)2 4 6 1,066.00$ 2.3 Detection System Evaluation 2 4 8 14 2,426.00$ 2.4 Field Review - Pavement, Curb and Gutter, and Curb Ramp Conditions 4 4 592.00$ 2.5 Field Survey Services 2 2 8 6 36 4 36 94 18,324.00$ 2.6 Utility Research and Coordination 4 8 16 20 48 7,360.00$ 2.7 Prepare Exhibit for Delineating Roadside Improvements and Pavement Rehabilitation 2 4 6 16 28 4,242.00$ 2.8 Prepare Preliminary Estimate 2 2 4 8 1,322.00$ Subtotals -18 2 4 -24 34 36 24 36 -174 36,792.00$ TASK 3 3.1 Draft 100% Submittal Prepare Draft 100% Plans 1 6 4 14 20 24 32 101 15,251.00$ Prepare Draft 100% Technical Specifications 1 2 2 8 1 14 2,466.00$ Prepare Draft 100% Cost Estimate and Bid Schedule 2 2 6 18 28 4,490.00$ Perform Quality Control 1 1 1 3 542.00$ 3.2 100% Submittal Review Comments from Draft 100% Submittal 2 4 6 1,066.00$ Prepare 100% Plans 1 4 4 8 12 14 18 61 9,373.00$ Prepare 100% Technical Specifications 1 4 2 4 1 12 2,188.00$ Prepare 100% Cost Estimate and Bid Schedule 1 4 2 4 16 27 4,489.00$ Perform Quality Control 1 1 1 3 542.00$ 3.3 Bid Package Incorporate Final Comments & Prepare Bid-ready Plans 1 1 2 2 4 6 16 2,440.00$ Prepare Bid-ready Specifications 1 2 4 1 8 1,370.00$ Update Bid Schedule 1 2 2 4 9 1,559.00$ Perform Quality Control 1 1 1 3 542.00$ 3.4 Caltrans Encroachment Permit Submittal Draft Caltrans Encroachment Permit Submittal (for Traffic Handling Only)2 4 6 12 24 3,670.00$ Review and Incorporate Caltrans Comments and submit Final Encroachment Permit (for Traffic Handling Only)2 2 8 12 1,834.00$ City of Gilroy Downtown Monterey Road Rehabilitation Project No. 18-RFP-PW-400 STAFF CATEGORY Project Management/Outreach Final Design and Bid Package BKF Engineers Page 1 of 2 6.1 Fee_R1.xls 7.B.a Packet Pg. 167 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) 3/2/2018 Updated March 1, 2018 TASK SCOPE DESCRIPTION PIC (Natalina Bernardi) PM (Marcelo Cosentino PIC (Davis Thresh) Jeff Wang (Traffic Engineer) QA/QC (Carmelo Cecilio) Engineer III/ Survey III Engineer II/ Survey II Engineer I/ Survey I Drafter III Field Survey Crew Admin Total Hrs EST FEE $237.00 $197.00 $237.00 $212.00 $197.00 $168.00 $148.00 $129.00 $143.00 $278.00 $67.00 City of Gilroy Downtown Monterey Road Rehabilitation Project No. 18-RFP-PW-400 STAFF CATEGORY 3.5 E-76 Document Preparation Prepare E-76 Forms 2 4 2 8 10 26 4,480.00$ Right of Way Certification 1 1 1 3 542.00$ Attend Field Meeting 3 3 6 1,302.00$ Subtotals 13 44 -16 6 68 94 42 76 -3 362 58,146.00$ TASK 4 4.1 Bidding Services Attend Pre-Bid Meeting 2 2 4 730.00$ Respond to Contractor Questions 4 6 6 16 2,684.00$ 4.2 Construction Support Services Attend Field Meetings 6 6 10 22 3,670.00$ Review/Response to Contractor Submittals 4 8 12 24 3,908.00$ Review Contractor RFIs 4 8 12 28 52 7,912.00$ Subtotals -20 ---30 40 -28 --118 18,904.00$ PIC (Natalina Bernardi) PM (Marcelo Cosentino Associate (Davis Thresh) QA/QC (Carmelo Cecilio) Engineer III/ Survey III Engineer II/ Survey II Engineer I/ Survey I Drafter III Field Surveyor Admin Total Total Labor Totals By Classifications 20 113 2 20 6 132 168 78 128 36 3 702 Total Direct Labor 4,740.00$22,261.00$474.00$4,240.00$1,182.00$22,176.00$24,864.00$10,062.00$18,304.00$10,008.00$201.00$118,512.00$ Subconsultants Task 1 Task 2 Task 3 Task 4 Pavement Engineering Inc (PEI) - Geotechnical 11,583.00$$11,583.00 Subconsultants $11,583 $11,583.00 Reimbursable Printing, Deliver, Mileage, Postage, Parking 1,742.00$ Reimbursable 1,742.00$ PROJECT TOTAL 136,613.00$ Task 1 Task 2 Task 3 Task 4 Aerial Topography 9,400.00$$9,400.00 Traffic Signal Design (Monterey Road/1st Street)25,000.00$1,400.00$$26,400.00 Subconsultants -$9,400.00$25,000.00$1,400.00$-$$35,800.00 Assumptions: 1. Environmental services and project environmental clearance will be provided by the City. 2. Community Outreach: BKF will attend and present at the community outreach meeting. BKF will prepare community outreach meeting exhibits and flyers. Post Design and Construction Support Services 123,288.00$ OPTIONAL TASKS BKF Engineers Page 2 of 2 6.1 Fee_R1.xls 7.B.a Packet Pg. 168 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2014/01) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 4/09/2018 Dealey, Renton & Associates P. O. Box 12675 Oakland, CA 94604-2675 510 465-3090 Nancy Ferrick 510 465-3090 510 452-2193 nferrick@dealeyrenton.com BKF Engineers 255 Shoreline Drive, Suite 200 Redwood City, CA 94065-1428 Travelers Property Casualty Co American Automobile Ins. Co. XL Specialty Insurance Co. 25674 21849 37885 A X X X Contractual Liab. X Cross Liability X Y Y 6808J585363 09/01/2017 09/01/2018 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 A X X X Y Y BA8J591007 09/01/2017 09/01/2018 1,000,000 A X X Y Y CUP8J595006 09/01/2017 09/01/2018 5,000,000 5,000,000 B N Y WZP81040179 07/01/2017 07/01/2018 X 1,000,000 1,000,000 1,000,000 C Professional Liability DPR9915686 07/01/2017 07/01/2018 $5,000,000 per Claim $7,000,000 Annl Aggr. Re: Monterey Rehabilitation Project. City of Gilroy, its officers and employees, agents and representatives are named as Additional Insured for General and Auto Liability as required per written contract or agreement. Insurance is primary per policy form. A Waiver of Subrogation applies to General Liability and Workers' Compensation. 30 Days Notice of Cancellation. The Professional Liability policy is Claims-Made. Professional Liability Retroactive Date: 01/01/1916. 30 Days Notice of Cancellation. City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 1 of 1 #S2298196/M2142609 BKFENGINEClient#: 45 NMF 7.B.a Packet Pg. 169 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) COMMERCIAL GENERAL LIABILITY CG D3 81 09 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission Policy Number: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omis- sions of such person or organization; or d. For "bodily injury", "property damage" or "per- sonal injury" for which such person or organi- zation has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. f. This insurance does not apply to the render- ing of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations ex- ceed the limits of liability required by the "writ- ten contract requiring insurance", the insur- ance provided to the additional insured shall be limited to the limits of liability required by that “written contract requiring insurance”. This endorsement does not increase the lim- its of insurance described in Section III - Lim- its Of Insurance. h. This insurance does not apply to "bodily inju- ry" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other in- surance, whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requir- ing insurance". But this insurance provided to the additional insured still is excess over valid and 6808J585363 7.B.a Packet Pg. 170 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) COMMERCIAL GENERAL LIABILITY Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission collectible other insurance, whether primary, ex- cess, contingent or on any other basis, that is available to the additional insured when that per- son or organization is an additional insured under any other insurance. 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - COMMERCIAL GENERAL LI- ABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you be- fore, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINI- TIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provid- ed that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in ef- fect; and c. Before the end of the policy period. 7.B.a Packet Pg. 171 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) COMM RCI L AUTOEA T IS ENDORSEMENT CHANGES T E POLICY.PL ASE READ IT CAREFULLY.H H E BLANKET ADDITIONAL INSURED Thi e dorseme t m d fie i surance prov ded under he f l o ing:s n n o i s n i t o l w BUS NE S A TO OV RAGE F RMISUCEO M TO CA RI R COV RA E F RMORREEGO The fo lo ing i added to Parag aphlwsr c.in A.1.,Who be ween you and that pe son or organiza ion,that istrt Is An Insu edr,of SECTION II CO E ED AU OVRTS si ned by yo be o e the "bodi y injury or "prope tygufrl"r L ABI I Y CO E AGEILTVR in the BUSIN SS AUTEO dam ge occur and that is in ef e t during the pol cya"s f c i CO ERAGE FO MVR and Pa agraphr e.in A.1.,Who Is pe iod,to nam as an addi ional insured fo Cov redretre An Insu edr,of SECT ON II CO ERED AU OIVTS Auto Liabil ty Cov rage,but o ly fo dam ges tosienra L ABI I Y CO ERAGEILTV in the MOT R CARRIEOR whi h this insurance applie an only to the ex ent ocsdtf CO ERAGE FO MVR,whichev r Co erage Form i that perso 's o o ganizat o 'sevsnrrin lia il ty fo the co ductbirn pa t o y ur poli y o anot er "in ured".r f o c :f h s Thi i cl de any perso or organi ation who you aresnusnz re ui ed unde a written cont a t o ag ee entqrrrcrrm CA 4 37 2 16T0 ©2016 The Travelers Indemnity Company.All rights reserved.Page 1 of 1 Includes copyrighted material of nsurance Services OfIf ce,Inc.with its permis ion.i s BA8J591007 7.B.a Packet Pg. 172 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 ORGANIZATION CONTINUED: City of Gilroy, its officers and employees, agents and representatives BKF Engineers WZP81040179 07/01/2017 7.B.a Packet Pg. 173 Attachment: Service Agreement for Monterey Rd Rehab - Signed (1613 : Contract for the design of the Monterey Road Rehabilitation Project) City of Gilroy STAFF REPORT Agenda Item Title: Approval of the Community Development Block Grant and Housing Trust Fund Fiscal Year 2018-2019 Annual Action Plan Meeting Date: May 7, 2018 From: Gabriel Gonzalez, City Administrator Department: Community Development Department Submitted By: Kristi Abrams Prepared By: Kristi Abrams Jim Carney Strategic Plan Goals ☐ Financially Sustainable and High Performing Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Continuation of the public hearing for the Fiscal Year 2018-2019 Annual Action Plan for the Community Development Block Grant (CDBG) and Housing Trust Fund (HTF) to May 21, 2018. EXECUTIVE SUMMARY The City Council is asked to approve submittal of the draft Fiscal Year (FY) 2018-2019 Annual Action Plan (AAP) for the Community Development Block Grant (CDBG) and the Housing Trust Fund (HTF) revenue. The FY 2018-2019 Federal CDBG budget has been approved and it seems it has increased by at least ten percent. In the next couple of months, the Department of Housing and Urban Development (HUD) is expected to notify the City of Gilroy of its CDBG allocation amount for FY 2018-2019, starting July 1, 2018 and ending June 30, 2019. Upon HUD’s notice and instructions to the City, the draft FY 2018-2019 AAP will be proportionately revised based on the level of CDBG funds allocated. 8.A Packet Pg. 174 As a requirement of receiving CDBG funds from HUD, the City developed in 2015 the five-year Consolidated Plan. The 2015-2020 Consolidated Plan spans Fiscal Years 2015-2016 to 2019-2020. The City Council at its February 2, 2015 meeting approved a set of goals and priorities to include in the development of the Consolidated Plan. FY 2018-2019 represents year four of the Consolidated Plan currently in effect. In conjunction with the Consolidated Plan, the City must also develop the AAP based on the City’s goals to program the use of federal dollars over a single fiscal year. The City also elected to include the use of its local Housing Trust Fund (HTF) dollars in its AAP. Pursuant to the City’s two-year budget cycle, the AAP represents the second year of funding renewals for public service agencies and allocations for housing rehabilitation, public facilities improvements and program administration. The funding renewals were approved (with minor changes) by City Council at the April 16, 2018 regularly scheduled City Council meeting. On April 16, 2018, the Council conducted a public hearing and approved FY 2018-2019 CDBG and HTF funding awards for twelve non-profit organizations to provide low income public services which may be adjusted based upon the final CDBG allocation for FY 2018-2019. BACKGROUND The Consolidated Plan describes the City’s affordable housing and non-housing community development needs, resources and priorities for the period of July 1, 2015 to June 30, 2020. Through an extensive public outreach process and evaluation of needs in the community, the City has identified twenty-two goals it wishes to address within the five-year period of the Consolidated Plan. During FY 2018-2019, the City is expected to receive, at minimum, $460,364 in CDBG funds and $36,000 in CDBG program income. The program income amount comes from various sources such as past housing rehabilitation loan repayments; repayment of loans provided to nonprofits and rent receipts from the Cherry Blossom Apartments. In alignment with the City Council approved priorities and ongoing community development needs, the City proposes to allocate the CDBG funds as follows: 1. $69,054 for public services, 2. $35,000 for public services in the Neighborhood Revitalization Strategy Area 3. $92,073 for program administration, 4. $8,000 for code enforcement, 5. $120,000 for the Home Access Program to be administered by either City staff or an outside agency, and 8.A Packet Pg. 175 6. Approximately $136,237 for capital projects and/or housing rehabilitation in the Neighborhood Revitalization Strategy Area. Further, in alignment with the Council approved two-year budget, the City expects to expend $168,000 in HTF funds for housing related public services. These services include fair housing assistance, tenant-landlord counseling and mediation, homeless day care and prevention services, battered women’s shelter and emergency services for persons with disabilities. The draft AAP was released for the HUD-mandated 30-day public comment period on April 6, 2018. Any comments received by May 6, 2018 will be incorporated into the final draft submitted to HUD for its review. Normally, HUD requires submission of both documents by May 15, 2015, but HUD has delayed that deadline pending notification of the FY 2018-2019 CDBG allocation amount expected in a month or two. Contingency Provisions for Gilroy CDBG Program Funding: As of the current date, the FY 2019 federal budget has been passed by Congress and signed by the President, including a ten percent increase in CDBG funding allocations for FY 2018-2019. The CDBG grant for Gilroy in FY 2017-2018 was $460,364, and that amount is expected to be increased for FY 2018-2019. Since HUD has not yet calculated and informed local jurisdictions of their CDBG grant amounts, HUD (Notice CDP-18-1) has suggested contingency provisions be made for the CDBG funding process for FY 2018-2019. The City’s HUD representative (in San Francisco) has verified that Gilroy should proceed with its schedule for the citizen participation and Council meetings, as noted herein, in preparation of the FY 2018-2019 AAP. Thus, the City should be ready to move quickly to revise the draft AAP document, as needed, and then forward it to HUD when the City is notified of the actual FY 2018–2019 CDBG allocation amount. The HUD notification of the FY 2018-2019 CDBG award is expected before the start of the next CDBG program year, July 1, 2018. ALTERNATIVES 1. The City Council can direct staff to submit the AAP to support CDBG and HTF funds to address persistent needs in Gilroy regarding homelessness, domestic violence, youth gangs, persons with physical disabilities, landlord-tenant disputes, housing rehabilitation and public facilities and public infrastructure. That annual revenue has provided a level of assistance that is not funded in any other way. Over the years the City of Gilroy has utilized its CDBG and HTF funds in a manner that has improved lives and living conditions for the community’s low and very income working families, youth and seniors. Therefore, this action is recommended. 2. Should the Council could vote not to submit the CDBG FY 2018-2019 AAP to HUD for approval,, the annual estimated $460,364 CDBG allocation to Gilroy would not be made available for the City’s dozen of local non-profit agencies that provide low 8.A Packet Pg. 176 income public services and other planned housing rehabilitation and public facilities activities. Consequently, HUD would re-deploy those CDBG funds to other communities to address their low and very low income needs. This action is not recommended. FISCAL IMPACT/FUNDING SOURCE There is no impact to the City’s General Fund as these funds are allocated by the Federal Government for specific CDBG purposes. The local HTF revenue is received by the repayment of housing loans, interest and net rent revenue from the City-owned Cherry Blossom building. Based on the approved 2019 federal budget, it is expected there will be a slight increase in CDBG funds for FY 2018-2019. NEXT STEPS Upon HUD’s notification to the City of Gilroy regarding the CDBG funding allocation for FY 2018-2019, and instructions for the submittal of the AAP, staff will submit the draft AAP to HUD for review and approval. Upon HUD’s approval of the AAP, City staff will begin to prepare contracts and develop plans for implementation of CDBG and HTF funded programs and projects for the coming fiscal year. PUBLIC OUTREACH In the process for developing the FY 2018-2019 AAP, the Community Neighborhood Revitalization Committee (CNRC) met on March 21, 2018 to review first year- performances and second-year funding renewals regarding the CDBG and HTF funded public service providing non-profit agencies. After hearing public comments from community members, the CNRC voted to recommend to the City Council second year renewed funding for all twelve agencies. The notice for the May 7, 2018 City Council Public Hearing to consider the FY 2018-2019 AAP submittal to HUD was published in the Gilroy Dispatch on April 6, 2018. The Spanish version of that Notice of Public Hearing was posted at the Gilroy City Hall and City Library as well. Attachments: 1. 2018-2019 Draft Annual Action Plan 8.A Packet Pg. 177 Annual Action Plan 2018 1 OMB Control No: 2506-0117 (exp. 07/31/2015) Fiscal Year 2018-2019 Annual Action Plan (For Period July 1, 2018 – June 30, 2019) Community Development Block Grant Application for federal funds under the Department of Housing & Urban Development formula grant programs City of Gilroy Housing and Community Development 7351 Rosanna Street, Gilroy, CA 95020 Contact (408)846-0290 8.A.a Packet Pg. 178 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 2 OMB Control No: 2506-0117 (exp. 07/31/2015) Executive Summary AP -05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction Annually, HUD allocates a series of grants to local jurisdictions for community development activities. As a requirement to receive these entitlement grants, Title I of the National Affordable Housing Act mandates that jurisdictions prepare a five -year Consolidated Plan that identifies local community development needs and sets forth a strategy to address these needs. The Consolidated Plan must address both affordable housing and non-housing related community development needs. The needs are targeted to low income persons or low-income areas. Also required are Annual Action Plans for each of the five years included in the five-year Consolidated Plan. Fiscal Year 2018-2019 (HUD Program Year 2017) represents the fourth year of the current 2015-2020 five-year Consolidated Plan. This Annual Action Plan will address how the City of Gilroy plans to address the strategies listed in the Consolidated Plan during Fiscal Year 2018-2019 (July 1, 2018 - June 30, 2019). 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. HUD has established a set of outcomes and objectives entitlement jurisdictions need to address. The outcomes and objectives are noted within each of the twenty-two Goals included in the Strategic Plan (SP-45) section of the Consolidated Plan. In summary, they are as follows: Outcomes: Availability/Accessibility; Affordability; Sustainability Objectives: Create suitable living environments; Provide Decent Affordable Housing; Create Economic Opportunities The outcomes and objectives are noted within each of the twenty-two Goals included in the Strategic Plan (SP-45) section of the Consolidated Plan. In Fiscal Year 2018-2019, the City will address twenty of the twenty-two goals noted in the Consolidated Plan. Details on which goals the City will address as well as how the City plans to do so are noted in Section AP-20 “Annual Goals and Objectives” of this Annual Action Plan. 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. 8.A.a Packet Pg. 179 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 3 OMB Control No: 2506-0117 (exp. 07/31/2015) A meaningful evaluation of past performance is integral to determine what has been accomplished and what work is necessary to address the myriad of needs in the community. This evaluation included a review of past Consolidated Plans and Annual Action Plans as well as the successes achieved through the Neighborhood Revitalization Strategy. Through this evaluation, the City was able to compare the needs identified through this Consolidated Plan and compare them to the activities that have taken place in the past to determine if those activities are still necessary. Priority needs and goals were then formulated to meet these needs with an eye to what has been successful in the past and what is necessary in the future. The City will report, in detail, on its performance in the Fiscal Year 2018-2019 Consolidated Annual Performance Evaluation Report (CAPER) due to HUD in September 2018. However, the City of Gilroy continues to meet the requirements set forth in the HUD regulations that govern the Community Development Block Grant (CDBG) program. These include thorough programmatic and financial oversight of funded projects; appropriate budgeting and expenditure of funds based on HUD financial requirements; and, insuring the community continues to receive the necessary services identified through the development of the five-year Consolidated Plan. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan Public participation plays a central role in the development of the Consolidated Plan. As a precursor to the development of the Fiscal Year 2018-2019 (FY 18-19) Annual Action Plans, on January 9, 2017 the City Council approved a series of funding priorities that prioritized uses of expected funding. This meeting was properly noticed and members of the public were given opportunities to provide input. The final priorities are incorporated into the proposed FY 18-19Annual Action Plan. Also, prior to the award of public service and housing rehabilitation funds the Community and Neighborhood Revitalization Committee (CNRC) met twice to review and discuss the applications submitted by non-profit agencies wishing to receive funding. On March 15, 2017, they conducted interviews of each applicant. The CNRC again met on March 29, 2017 to rate and rank each applicant and determine a level of funding to propose for award by the City Council. These recommendations were forwarded to the City Council for final approval of the first of a two-year funding cycle at its May 15, 2017 meeting. All meetings of the CNRC were properly noticed and opened to the public. In addition for the second year of the CDBG funding cycle – FY 2018-2019, the Community and Neighborhood Revitalization Committee (CNRC) met on March 21, 2018 to review and discuss the applications submitted by non-profit agencies wishing to receive funding. After hearing comments from agency representatives and City staff, the CNRC voted unanimously to recommend to the City Council to fund all twelve non - profit public service and housing rehabilitation non-profit agencies for a second-year 8.A.a Packet Pg. 180 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 4 OMB Control No: 2506-0117 (exp. 07/31/2015) cycle funding at the same or slightly adjusted levels of CDBG and City Housing Trust Fund (HTF) amounts. All public hearings are published in the Gilroy Dispatch, the local newspaper. The draft Action Plan was made available on April 6, 2018 for review, open for comments until May 6, 2018, on the City’s website as were public notices in English and Spanish. A hard copy of the draft Action Plan and notices was made available at the Community Development/Planning Counter and at the Gilroy Public Library. The notices were also posted at City Hall in a location reserved for public notices. The public hearings were broadcast on Public TV Channel 17. Notices of public comment opportunities were emailed to the following group lists: South County Collaborative, Housing Advisory Committee, South County Homeless Task Force, and the CNRC as well as to the applicants for funding. The final Annual Action Plan will include all comments that are received. A public hearing to adopt the Action Plan will occur on May 7, 2018. Based on HUD’s notification to the City of its FY 2018-2019 CDBG allocation, the adopted Annual Action Plan may be modified to reflect actual CDBG funding levels for FY2018-2019. 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. The City will incorporate any comments received during the 30 -day public comment period in the final draft submitted to HUD. 6. Summary of comments or views not accepted and the reasons for not accepting them The City will accept all comments or views. 7. Summary In summary, the FY 18-19 Annual Action Plan represents year four of the five-year Consolidated Plan. It will continue to address the priorities identified in the Consolidated Plan. The plan was developed following a public input process and will address the community development needs of the City of Gilroy. 8.A.a Packet Pg. 181 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 5 OMB Control No: 2506-0117 (exp. 07/31/2015) PR-05 Lead & Responsible Agencies – 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency CDBG Administrator GILROY Community Development Department Table 1 – Responsible Agencies Narrative (optional) The City of Gilroy (City) is the Lead Agency for the United States Department of Housing and Urban Development (HUD) entitlement programs. The City’s Housing and Community Development section of the Community Development Department is responsible for the administration of HUD funded Community Development Block Grant Program (CDBG). By federal law, each jurisdiction is required to submit to HUD a five - year Consolidated Plan and Annual Action Plans listing priorities and strategies for the use of federal funds. Consolidated Plan Public Contact Information Kristi Abrams Director of Community Development (408) 846-0467 Kristi.abrams@cityofgilroy.org 8.A.a Packet Pg. 182 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 6 OMB Control No: 2506-0117 (exp. 07/31/2015) AP -10 Consultation – 91.100, 91.200(b), 91.215(l) 1. Introduction The FY 18-19Annual Action Plan represents the four year of the five-year Consolidated Plan. Development of the Action Plan utilized the consultative process used for the 2015-2020 Consolidated Plan (Consolidated Plan). The Consolidated Plan was done in collaboration with eight entitlement jurisdictions. These jurisdictions were: City of Cupertino City of Gilroy City of Mountain View City of Palo Alto City of Sunnyvale City of San José City of Santa Clara Santa Clara Urban County Public participation played a central role in the development of the Consolidated Plan. The participating jurisdictions within the County launched an in -depth, collaborative regional effort to consult with community stakeholders, elected offices, City and County departments, and beneficiaries of entitlement programs to inform and develop the priorities and strategies contained within the five-year plan. The participating jurisdictions, in partnership with LeSar Development Consultants (LDC) and MIG, Inc. (MIG), facilitated a comprehensive outreach process to enhance coordination and discuss new approaches to working with public and assisted housing providers, legal advocates, private and governmental health agencies, mental health service providers, and other stakeholders that utilize funding for eligible activities, projects, and programs. A Regional Needs Survey was conducted to solicit input from residents and workers in the region. Respondents were informed that participating jurisdictions were updating their respective Consolidated Plans for federal funds that primarily serve low - and moderate-income (LMI) residents and areas. The Regional Needs Survey polled respondents about the level of need in their respective neighborhoods for various types of improvements that could be addressed by entitlement funds. 8.A.a Packet Pg. 183 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 7 OMB Control No: 2506-0117 (exp. 07/31/2015) A total of 1,472 survey responses were obtained from September 19, 2014 to November 15, 2014, including 1,078 surveys collected electronically and 394 collected via print surveys. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) Regional Forums The participating jurisdictions held three regional public forums to identify housing and community development needs and priorities for the next five years. The public forums were conducted as part of a collaborative regional approach to help the participatin g jurisdictions make data-driven, place-based investment decisions for federal funds. Seventy-six (76) people attended the regional forums, including community members, service providers, nonprofit representatives, and interested stakeholders. Community Forums in Local Jurisdictions In addition to the regional forums, several participating jurisdictions conducted public outreach independent of the regional collaborative. The cities of San Jose and Mountain View, and the Santa Clara Urban County, each held multiple community forums to solicit public input on local issues, needs and priorities. The community forums were held in tandem with the regional public forums to expand the outreach process and gather specific place-based input. One hundred and thirty-three (133) individuals attended the community forums, including residents, service providers, nonprofit representatives, and interested stakeholders. Outreach Approximately 4,847 entities, organizations, agencies, and persons were directly engaged via outreach efforts and asked to share materials with their beneficiaries, partners, and contacts. These stakeholders were also encouraged to promote attendance at the public forums and to solicit responses to the Regional Needs Survey. Stakeholder engagement included phone calls, targeted emails, newsletter announcements, social media posts, and personalized requests from staff of the Entitlement Jurisdictions. Each participating jurisdiction also promoted the regional forums and regional survey links on their respective websites and announced the Consolidated Plan process through electronic mailing lists. Outreach materials and the survey links (including materials in Spanish) were emailed to over 4,000 entities, organizations, and persons. 8.A.a Packet Pg. 184 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 8 OMB Control No: 2506-0117 (exp. 07/31/2015) Approximately 1,225 printed flyers providing public notice about the regional forums were distributed throughout the County at libraries, recreation centers, community meeting locations, and organizations benefiting LMI residents and areas. These flyers were available in English and Spanish. Print newspaper display ads also were posted in the Gilroy Dispatch (English), Mountain View Voice (English), El Observador (Spanish), La Oferta (Spanish), Thoi Bao (Vietnamese), Philippine News (Tagalog), World Journal (Chinese) and San Jose Mercury News (English). In addition, an online display ad was placed in the San Jose Mercury News to reach readers electronically. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The Santa Clara County Continuum of Care (CoC) is a multi-sector group of stakeholders dedicated to ending and preventing homelessness in the County of Santa Clara (County). The CoC’s primary responsibilities are to coordinate large -scale implementation of efforts to prevent and end homelessness in the County. In winter 2015, the CoC partnered with Destination: Home, a public-private partnership committed to collective impact strategies to end chronic homelessness, and released a Community Plan to End Homelessness in Santa Clara County (the Plan), which outlines a roadmap for community-wide efforts to end homelessness in the County by 2020. The strategies and action steps included in the Plan were informed by members who participated in a series of community summits designed to address the needs of homeless populations from April to August 2014. The Plan identifies strategies to address the needs of homeless persons in the County, including chronically homeless individuals and families, families with children, veterans, and unaccompanied youth. Additionally, it also intended to address the needs of persons at risk of homelessness. The Plan aims to implement the following strategies: [1] 1. Disrupt systems: Develop disruptive strategies and innovative prototypes that transform the systems related to housing homeless people. 2. Build the solution: Secure the right amount of funding needed to provide housing and services to those who are homeless and those at risk of homelessness. 8.A.a Packet Pg. 185 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 9 OMB Control No: 2506-0117 (exp. 07/31/2015) 3. Serve the person: Adopt an approach that recognizes the need for client- centered strategies with different responses for different levels of need and different groups, targeting resources to the specific individual or household. Over the next five years, the Plan seeks to identify approximately 6,000 new housing opportunities for the homeless, intending to house 2,518 homeless individuals, 718 homeless veterans, and more than 2,333 children, unaccompanied youth, and homeless individuals living in families. Members of the CoC meet on a monthly basis in various work groups to ensure successful implementation components of the Plan’s action steps. A Community Plan Implementation Team, which includes members of the CoC and other community stakeholders, meets quarterly to evaluate progress toward the Plan’s goals, identify gaps in homeless services, establish funding priorities, and pursue an overall systematic approach to address homelessness.[2] [1] Santa Clara County CoC. “Community Plan to End Homelessness in Santa [2] Ibid. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS Allocating Funds, Setting Performance Standards and Evaluating Outcomes The city is not an ESG entitlement jurisdiction. Operating and Administrating Help Management Information System (HMIS) The HMIS SCC project is administered by Bitfocus and has served the community since 2004. The project meets and exceeds HUD’s requirements for the implementation and compliance of HMIS Standards. The project has a rich array of service provider participation and is utilized to capture information and report on special programming, such as Housing 1000, the County VTA free bus pass program, and prevention service delivery. [1] [1] County of Santa Clara. Consolidated Annual Performance and Evaluation Report (CAPER). 2014 8.A.a Packet Pg. 186 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 10 OMB Control No: 2506-0117 (exp. 07/31/2015) 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Gilroy Compassion Center Agency/Group/Organization Type Services-homeless What section of the Plan was addressed by Consultation? Homelessness Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? NOTE: Additional agencies, groups and organizations were included in the final draft of the Consolidated Plan and are attached to the FY 18-19Annual Action Plan. Identify any Agency Types not consulted and provide rationale for not consulting Not applicable Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Regional Continuum of Care Council The Continuum of Care works to alleviate the impact of homelessness in the community through the cooperation and collaboration of social service providers. This effort aligns with the Strategic Plan's goal to address homelessness. 8.A.a Packet Pg. 187 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 11 OMB Control No: 2506-0117 (exp. 07/31/2015) Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? City of Gilroy Housing Element (2015-2023) City of Gilroy The Housing Element outlines the City of Gilroy goals, policies, and implementation programs for the preservation, conservation, improvement, and production of housing for the 2015-2023 planning period. The Housing Element identifies the specific actions the City will take to address existing and future housing needs. This effort aligns with the Strategic Plans goal to address affordable housing issues through implementation of the plan. 2012-2014 Comprehensive HIV Prevention & Care Plan Santa Clara County HIV Planning Council for Prevention and Care This plan provides a roadmap for the Santa Clara County HIV Planning Council for Prevention and Care to provide a comprehensive and compassionate system of HIV prevention and care services for the County. This effort aligns with the Strategic Plan's goal to provide basic and supportive services to special needs populations. Affordable Housing Funding Landscape & Local Best Cities Association of Santa Clara County and Housing Trust Silicon Valley This report provides a comparison of the different funding strategies available for affordable housing in the County, and the best practices for funding new affordable housing. This effort aligns with the Strategic Plan's goal to support the development of affordable housing. Regional Housing Need Plan for the San Francisco B Association of Bay Area Governments This plan analyzes the total regional housing need for Santa Clara County and all of the Bay Area. This effort aligns with the Strategic Plan's goal to support the development of affordable housing. 8.A.a Packet Pg. 188 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 12 OMB Control No: 2506-0117 (exp. 07/31/2015) Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Community Plan to End Homelessness in Santa Clara Destination: Home The Community Plan to End Homelessness in the County is a five-year plan to guide governmental actors, nonprofits, and other community members as they make decisions about funding, programs, priorities and needs. This effort aligns with the Strategic Plan's goal to address homelessness. Table 3 – Other local / regional / federal planning efforts Narrative (optional) 8.A.a Packet Pg. 189 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 13 OMB Control No: 2506-0117 (exp. 07/31/2015) AP -12 Participation – 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting A comprehensive summary of the citizen participation process utilized in the development of the five-year Consolidated Plan and this FY 18-19Annual Action Plan and commensurate needs identified through the process is found in Appendix A: Citizen Participation Summary. Below is a summary of the outreach efforts: 1. Regional and Community Forums: A total of 11 regional and community forums took place to include a forum in the city of Gilroy. In total, the forums were attended by 209 individuals representing a cross-sector of the community. This effort included the distribution of 1,225 hardcopy surveys and eight multi-lingual display ads in the local media. Regional Needs Survey: 4,847 entities were directly engaged via email and survey links were posted on the entitlement jurisdiction’s websites. Outreach was also made via Facebook and Twitter. These efforts resulted in the return of 1,472 survey responses. 2. In addition, City staff presented a series of priorities for both public service and community development activities identified through the citizen participation process to the Gilroy City Council on January 9, 2017. The public was invited to offer comments at those meetings. The City utilized these outreach efforts to formulate the goals it wishes to achieve over the 5-year Consolidated Plan period to include this FY 18-19Annual Action Plan. 8.A.a Packet Pg. 190 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 14 OMB Control No: 2506-0117 (exp. 07/31/2015) Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 1 Public Hearing Non- targeted/broad community One public hearing took place at the January 9, 2017 City Council meeting to discuss two-year priorities for use of public service and community development dollars. No comments were received at the public meeting. N/A 2 Public Meeting Non- targeted/broad community Two public meetings took place to discuss public service and housing rehabilitation funding proposals submitted in response to a Request for Proposal for use of CDBG and local Housing Trust Fund dollars. No comments were received. N/A 8.A.a Packet Pg. 191 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018- Annual Action Plan 2018 15 OMB Control No: 2506-0117 (exp. 07/31/2015) Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 3 Public Meeting Non- targeted/broad community A public meeting took place at the city's Community and Neighborhood Revitalization Committee (CNRC) to discuss the draft Annual Action Plan. Comments revolved around increasing the numbers of Community Based Development Organization's (CBDO) to allow for additional investments within the Neighborhood Revitalization Strategy Area. All comments were received and city staff will place on a future CNRC agenda a discussion on CBDO's and the eligible activities such organizations can undertake. 4 Public Hearing Non- targeted/broad community A public hearing took place at the June 5, 2017 City Council meeting to discuss the draft Annual Action Plan. No comments were received. N/A 5 Public Hearing Non- targeted/broad community A public hearing took place at the August 7, 2017 City Council meeting to discuss the draft Annual Action Plan. N/A 8.A.a Packet Pg. 192 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018- Annual Action Plan 2018 16 OMB Control No: 2506-0117 (exp. 07/31/2015) Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 6 Public Meeting Non- targeted/broad community A public meeting took place at the city's Community and Neighborhood Revitalization Committee (CNRC) to discuss the draft Annual Action Plan Public comments revolved around increasing funding for fair housing counseling, services for persons experiencing homelessness and affordable housing. N/A 7 Public Hearing Non- targeted/broad community A public hearing took place at the April 16, 2018 City Council meeting to discuss the recommended CDBG and HTF funding for the second year of the two-year budget cycle around public service and housing rehabilitation activities. N/A 8.A.a Packet Pg. 193 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018- Annual Action Plan 2018 17 OMB Control No: 2506-0117 (exp. 07/31/2015) Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 8 Public Hearing Non- targeted/broad community A public hearing took place at the May 7, 2018 City Council meeting to discuss the draft Annual Action Plan. N/A Table 4 – Citizen Participation Outreach Expected Resources AP -15 Expected Resources – 91.220(c) (1, 2) Introduction The City expects to receive resources from both the federally funded Community Development Block Grant (CDBG) program as well as the locally funded Housing Trust Fund. Below is a summary of the expected resources in FY 18-19. If HUD makes any adjustments to its allocation after this Annual Action Plan is adopted, the Housing Rehabilitation – Rebuilding Together, Silicon Valley activity will absorb the adjustments, for the non-service projects, and the Gilroy Demonstration Garden will absorb adjustments for service projects. Any adjustments will occur after funding for administrative activities (i.e., 20% of the CDBG allocation plus estimated program income) has been set aside. 8.A.a Packet Pg. 194 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018- Annual Action Plan 2018 18 OMB Control No: 2506-0117 (exp. 07/31/2015) Priority Table Program Source of Funds Uses of Funds Expected Amount Available Year 4 Expected Amount Available Reminder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 460,364 36,000 0 496,364 1,000,000 8.A.a Packet Pg. 195 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018- Annual Action Plan 2018 19 OMB Control No: 2506-0117 (exp. 07/31/2015) Program Source of Funds Uses of Funds Expected Amount Available Year 4 Expected Amount Available Reminder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Housing Trust Fund public - local Housing 162,000 0 0 162,000 680,000 The city manages a local Housing Trust Fund. Funds are generated from the repayment or refinancing of prior homebuyer loans that were made to low- income homebuyers. Funds are also generated from city-owned property that was supported with Housing Trust Fund dollars. Table 5 - Expected Resources – Priority Table 8.A.a Packet Pg. 196 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018- Annual Action Plan 2018 20 OMB Control No: 2506-0117 (exp. 07/31/2015) Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The use of local Housing Trust Fund dollars will assist the City in meeting many of the goals noted in its five -year strategic plan. Funds will go primarily toward housing related public service programs and to assist in the administration of both funds. If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The city currently owns a multi-family apartment complex within the downtown area known as the Cherry Blossom Apartments. The property includes 7 residential units (five one-bedroom units and two two-bedroom units). The City is currently partnering with the County of Santa Clara and a local nonprofit to house two individuals in the complex. This pilot project currently provides rental subsidies from the County and intensive case management and other support services from the local nonprofit in order to assist the individuals in improving their health and increasing their stability. The program will serve homeless individuals who have been involved in the criminal justice system and require the supportive services necessary to become productive citizens of the community. The City and County will explore the potential of expanding the program to house more individuals to include the provision of supportive services. Discussion See above 8.A.a Packet Pg. 197 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018- Annual Action Plan 2018 21 OMB Control No: 2506-0117 (exp. 07/31/2015) Annual Goals and Objectives AP -20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Support for affordable housing development 2015 2019 Affordable Housing Housing Services CDBG: $200,000 Housing Trust Fund: $0 Other: 28 Other 2 Housing Element implementation 2015 2019 Affordable Housing Housing Services CDBG: $0 Housing Trust Fund: $0 3 Affordable homeownership support 2015 2019 Affordable Housing Housing Services CDBG: $0 Housing Trust Fund: $0 8.A.a Packet Pg. 198 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018- Annual Action Plan 2018 22 OMB Control No: 2506-0117 (exp. 07/31/2015) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 4 Housing rehabilitation 2015 2019 Non-Housing Community Development Housing Services CDBG: $120,000 Housing Trust Fund: $0 Homeowner Housing Rehabilitated: 20 Household Housing Unit 5 Housing for the homeless 2015 2019 Homeless Basic Needs Housing Services CDBG: $0 Housing Trust Fund: $0 Housing for Homeless added: 2 Household Housing Unit 6 Services to the homeless 2015 2019 Homeless Basic Needs Supportive Services CDBG: $13,500 Housing Trust Fund: $20,965 Public service activities other than Low/Moderate Income Housing Benefit: 500 Persons Assisted 7 Emergency rental assistance 2015 2019 Homeless Housing Services CDBG: $0 Housing Trust Fund: $34,465 Homelessness Prevention: 480 Persons Assisted 8.A.a Packet Pg. 199 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018- Annual Action Plan 2018 23 OMB Control No: 2506-0117 (exp. 07/31/2015) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 8 Homeless job training 2015 2019 Homeless Supportive Services CDBG: $0 Housing Trust Fund: $32,000 Public service activities other than Low/Moderate Income Housing Benefit: 9 Persons Assisted 9 Support basic need services 2015 2019 Homeless Non- Homeless Special Needs Basic Needs CDBG: $10,000 Housing Trust Fund: $12,500 Public service activities other than Low/Moderate Income Housing Benefit: 60 Persons Assisted 10 Support for supportive services 2015 2019 Homeless Non- Homeless Special Needs Supportive Services CDBG: $14,500 Housing Trust Fund: $21,070 Public service activities other than Low/Moderate Income Housing Benefit: 135 Persons Assisted 11 Support youth services 2015 2019 Youth Youth Services CDBG: $40,000 Housing Trust Fund: $0 Public service activities other than Low/Moderate Income Housing Benefit: 220 Persons Assisted 8.A.a Packet Pg. 200 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018- Annual Action Plan 2018 24 OMB Control No: 2506-0117 (exp. 07/31/2015) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 12 Code Enforcement services 2015 2019 Code Enforcement Housing Services CDBG: $13,500 Housing Trust Fund: $0 Housing Code Enforcement/Foreclosed Property Care: 20 Household Housing Unit 13 Tenant-landlord mediation 2015 2019 Housing Services Housing Services CDBG: $0 Housing Trust Fund: $26,000 Public service activities other than Low/Moderate Income Housing Benefit: 237 Persons Assisted 14 Capital improvements in the NRSA 2015 2019 Non-Housing Community Development CITY OF GILROY NEIGHBORHOOD REVITALIZATION STRATEGY Infrastructure Improvements in the NRSA 15 Mitigate lead- based paint hazards 2015 2019 Lead Based Paint Housing Services 16 Promote fair housing choice 2015 2020 Fair Housing Housing Services Housing Trust Fund: $21,000 Public service activities other than Low/Moderate Income Housing Benefit: 38 Persons Assisted 17 Fair housing zoning 2015 2018 Fair Housing Housing Services 8.A.a Packet Pg. 201 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018- Annual Action Plan 2018 25 OMB Control No: 2506-0117 (exp. 07/31/2015) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 18 Workforce development 2015 2019 Non-Housing Community Development CITY OF GILROY NEIGHBORHOOD REVITALIZATION STRATEGY Economic Development CDBG: $0 Housing Trust Fund: $0 19 Small business development 2015 2019 Non-Housing Community Development Economic Development 20 Neighborhood Revitalization Strategy 2015 2019 NRSA Rehabilitation and business façade improvements Table 6 – Goals Summary 8.A.a Packet Pg. 202 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018- Annual Action Plan 2018 26 OMB Control No: 2506-0117 (exp. 07/31/2015) Goal Descriptions 1 Goal Name Support for affordable housing development Goal Description The City will provide technical support to developers wishing to construct or rehabilitate both affordable for-sale and rental housing within the City. It will assist developers with meeting the requirements of their proposal. It will also explore if any options exist to assist with the development of affordable housing to include the possible rehabilitation of the Cherry Blossom apartments. These apartments are owned by the City and may provide an opportunity to provide permanent supportive housing to chronically homeless individuals. Lastly, the City will partner with a non-profit affordable housing developer to facilitate the acquisition of a multi-family project that it will rehabilitate and continue to make available to low- income residents. 2 Goal Name Housing Element implementation Goal Description The city will continue to implement the strategies set forth in the State-approved Housing Element. 3 Goal Name Affordable homeownership support Goal Description The City will continue to manage its Below Market Rate (BMR) portfolio to insure the ongoing availability of affordable for -sale homes. It will also assist in the sale of future BMR homes as they become available. 4 Goal Name Housing rehabilitation Goal Description The City will award a contract to Rebuilding Together Silicon Valley for its Rebuilding Home Repair, Rehabilitation and Accessibility Modification Program. This program will repair housing units to attend to the immediate health and safety needs for low-income Gilroy homeowners. The program will be open to all income-eligible Gilroy residents; however, preference will be given to residents living in the Neighborhood Revitalization Strategy Area. The focus of the repairs will address urgent and critical needs, as well as minor repairs, accessibility and mobility needs and limited rehabilitation. 8.A.a Packet Pg. 203 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 27 OMB Control No: 2506-0117 (exp. 07/31/2015) 5 Goal Name Housing for the homeless Goal Description The City will continue to provide permanent supportive housing to two homeless individuals at the City-owned Cherry Blossom Apartments. As units become vacant, the City will continue to partner with the County in identifying other homeless individuals to occupy the units. It will provide non-monetary support to efforts to build permanent housing for homeless individuals in alignment with the Housing First model of ending homelessness. It will also support efforts to insure homeless individuals are inputted into the Clarity Human Services HMIS database. The “Vi-SPDAT’ process connects chronically homeless individuals with the Care Coordination system so that they are in a position to receive permanent housing and case management services that become available. Finally, should the City qualify for HOME funds through its participation in the Santa Clara County HOME Consortium, it will evaluate the potential to use said funds for Tenant Based Rental Assistance for homeless individuals. 6 Goal Name Services to the homeless Goal Description The City will provide services that support homeless individuals with meeting their basic needs such as clothing, food or toiletries. 7 Goal Name Emergency rental assistance Goal Description The city will support efforts to provide emergency rental assistance to either help families threatened with eviction or help homeless families with emergency rental assistance that will allow them to move into permanent housing. 8 Goal Name Homeless job training Goal Description The city will support efforts to provide homeless individuals with job skills that will help prepare them to identify regular employment. 9 Goal Name Support basic need services Goal Description The city will continue to support services that provide basic need services, especially to special needs clients such as seniors, the disabled and victims of domestic violence. 10 Goal Name Support for supportive services Goal Description The city will support efforts to provide supportive services to individuals. The individuals may include special needs populations such as the disabled, seniors and victims of domestic violence. 8.A.a Packet Pg. 204 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 28 OMB Control No: 2506-0117 (exp. 07/31/2015) 11 Goal Name Support youth services Goal Description The city will support services at the Gilroy Youth Center to include educational and recreational/enrichment activities. It will also provide funding for free swim lessons for low income youth. 12 Goal Name Code Enforcement services Goal Description The city will fund housing Code Enforcement services within the NRSA. 13 Goal Name Tenant-landlord mediation Goal Description The city will support mediation efforts to address disputes between tenants and landlords. 14 Goal Name Capital improvements in the NRSA Goal Description The City will provide capital improvements to public facilities within the NRSA. Projects can include sidewalk improvements, lighting modifications or public safety infrastructure improvements. The City will provide funding based on the scope and cost of the project(s) as determined at a later date. 15 Goal Name Mitigate lead-based paint hazards Goal Description The city will continue to educate the community regarding the hazards of lead poisoning, particularly with regard to lead-based paint hazards. It will maintain information on the dangers of lead based paint at the Community Development calendar. It will provide handouts to rehabilitation program clients and test for lead-based paint as required. Finally, it will continue to implement the local Lead Based Management Plan and update when necessary. 16 Goal Name Promote fair housing choice Goal Description The City will support services that address illegal housing discrimination. Services will include investigation of complaints, conducting of outreach and education and litigation or conciliation efforts to victims of illegal housing discrimination. The City will also review recently released information to determine the steps necessary to complete an Affirmatively Further Fair Housing report and complete by the end of Fiscal Year 2018-2019 (HUD Program Year 2017). 8.A.a Packet Pg. 205 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 29 OMB Control No: 2506-0117 (exp. 07/31/2015) 17 Goal Name Fair housing zoning Goal Description If necessary, the City will continue to modify local zoning ordinances for consistency with State and federal fair housing laws through implementation of Housing Element policies and programs. 18 Goal Name Workforce development Goal Description The City will support employment services within the NRSA. A certified Community Based Development Organization will provide such services to include job searches, resume and interview preparations, soft skills training, financial literacy and linkages to other resources. 19 Goal Name Small business development Goal Description The City will support programs that facilitate small business development and will support the Gilroy Chamber of Commerce and/Gilroy Economic Development Corporation in applications for funding and/or in providing outreach to low income residents. 20 Goal Name Neighborhood Revitalization Strategy Goal Description The City will continue to implement efforts noted in the HUD approved 2013-2018 Neighborhood Revitalization Strategy Table 7 – Goal Descriptions Estimate the number of extremely low -income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b): The City will not provide affordable housing to any families within the income categories listed. 8.A.a Packet Pg. 206 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 30 OMB Control No: 2506-0117 (exp. 07/31/2015) AP -35 Projects – 91.220(d) Introduction The City will continue to fund various projects that help address the priority needs identified in the five-year Consolidated Plan. The listed projects will require City Council approval prior to the award and release of funds. The award amounts in the draft document are based on current estimates of available funds. As of the May 7, 2018 City Council public hearing, HUD had not yet announced the CDBG allocation for Gilroy. Also, HUD has advised local CDBG jurisdiction to not submit the Council FY approved FY 18-19 Action Plan until after HUD informs the city of it FY18-19 CDBG allocation. In that case, staff may need to return to the Council for final approval of adjusted program levels. After Council approval of the revised FY18-19 Annual Action Plan, the City will submit its Plan to HUD for final approval. The final FY18-19 Annual Action Plan will include the following programs: # Project Name 1 La Isla Pacifica Shelter for Battered Women and Children 2 Homeless Prevention and Safety Net Services 3 Housing and Emergency Services for Persons with Disabilities 4 Gilroy Streets Team 5 Landlord Tenant Counseling and Dispute Resolution Services 6 Live Oak Adult Day Care 7 Gilroy Compassion Center- Day Center 8 Project Sentinel Fair Housing 9 Gilroy Demonstration Garden 10 Rebuilding Home Repair, Rehabilitation and Accessibility Modification Program 11 Aquatics Program 12 Gilroy Youth Center 13 Code Enforcement 14 Homeless Outreach 15 Connell Apartments Acquisition 16 Program Administration 17 Public infrastructure projects 18 Downtown business façade improvement 19 Housing for current and formerly homeless persons Table 8 – Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Funding of most public services programs was based on a competitive process that involved a Request for Proposals. Interested applicants submitting funding requests based on the targeted priorities developed by the Cit y. Proposals were then reviewed by the City's Community and Neighborhood Revitalization Committee (CNRC), interviews 8.A.a Packet Pg. 207 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 31 OMB Control No: 2506-0117 (exp. 07/31/2015) took place of each applicant and based on both the interview and application, the CNRC scored each applicant. Funds were distributed based on the applicants meeting the stated priorities and funding availability. The main obstacle to this process was the limited federal and local funding. However, the City, with the assistance of the CNRC, made strategic investments and funded projects that could make the greatest impact to the ongoing needs of the community utilizing available CDBG and HTF revenue. 8.A.a Packet Pg. 208 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 32 OMB Control No: 2506-0117 (exp. 07/31/2015) Projects AP -38 Projects Summary Project Summary Information Table 9 – Project Summary 1 Project Name La Isla Pacifica Shelter for Battered Women and Children Target Area Goals Supported Support basic need services Support for supportive services Needs Addressed Basic Needs Funding Housing Trust Fund: $12,500 Description Emergency shelter and supportive services to victims of domestic violence. Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities This program will serve 20 unduplicated participants who will consist primarily of women and children. Location Description Community Solutions will provide services at undisclosed locations. Planned Activities The program will provide emergency shelter and supportive services to women who have endured intimate partner abuse and their minor children. 2 Project Name Homeless Prevention and Safety Net Services Target Area Goals Supported Emergency rental assistance Needs Addressed Basic Needs/Supportive Services Funding Housing Trust Fund: $34,465 8.A.a Packet Pg. 209 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 33 OMB Control No: 2506-0117 (exp. 07/31/2015) Description St. Joseph's Family Center will assist low-income residents with emergency rental assistance, benefits screening, housing search and other supportive services that will prevent families from becoming homeless and/or secure new permanent housing. Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities The program will provide services to 480 unduplicated participants of which some will include familial units. Location Description The program will provide services at the St. Joseph Family Services office located at: 7950 Church Street, Suite A Gilroy, CA 95020 Planned Activities The program will provide emergency rental assistance and assessments of service needs. 3 Project Name Housing and Emergency Services for Persons with Disabilities Target Area Goals Supported Support for supportive services Needs Addressed Supportive Services Housing Services Funding Housing Trust Fund: $21,070 Description The Silicon Valley Independent Living Center will assist individuals with disabilities and their families in their housing search for affordable and accessible housing. Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities The program will serve 60 unduplicated participants. 8.A.a Packet Pg. 210 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 34 OMB Control No: 2506-0117 (exp. 07/31/2015) Location Description The program will provide services at Silicon Valley Independent Living Center offices located at: 7881 Church Street, Suite C Gilroy, CA 95020 Planned Activities The program will provide assistance for individuals with disabilities and their families to transition from homelessness, health care facilities, unstable or temporary housing to permanent affordable, accessible, integrated housing and emergency assistance, security deposits, rent, information and referral, providing other assistance as to ensure long-term sustainability of the independent living solutions. 4 Project Name Landlord Tenant Counseling and Dispute Resolution Services Target Area Goals Supported Tenant-landlord mediation Needs Addressed Housing Services Funding Housing Trust Fund: $26,000 Description The project will educate tenants and landlords on their respective rights and responsibilities, provides instruction on how to resolve housing problems and conducts dispute resolution services. Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities The program will serve 237 unduplicated participants which will include single person and family households. Location Description The program will provide services at Project Sentinel's office located at: 8339 Church St., Ste. 104 Gilroy, CA 95020 8.A.a Packet Pg. 211 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 35 OMB Control No: 2506-0117 (exp. 07/31/2015) Planned Activities The program will enhance the quality of life via supportive services for the lower income residents of Gilroy through housing-related education, counseling, intervention, and dispute resolution services (case management utilizing conciliation and mediation). 5 Project Name Live Oak Adult Day Care Target Area Goals Supported Support basic need services Support for supportive services Needs Addressed Basic Needs/Supportive Services Funding CDBG: $10,000 Description Live Oak Adult Day Care services Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities The program will provide services to 40 seniors. Location Description The program will provide services at: 651 W. Sixth St., Suite 2 Gilroy, CA 95020 Planned Activities The program will provide disabled, at-risk Gilroy seniors with socialization, recreation, exercise, mental stimulation and nutritious meals, removing them from isolation into a life-enhancing and protected environment, and to provide family caregivers with respite and support services which will enhance their ability to care for their senior loved one in the home setting. 6 Project Name Gilroy Compassion Center- Day Center Target Area Goals Supported Services to the homeless Support basic need services Needs Addressed Basic Needs 8.A.a Packet Pg. 212 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 36 OMB Control No: 2506-0117 (exp. 07/31/2015) Funding CDBG: $13,500 Housing Trust Fund: $20,965 Description The Day Center provides drop-in access to basic needs, including bathrooms, personal care items, laundry, clean clothes, etc. and a one-stop location for resources and referrals. Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities The program will service 500 homeless individuals. Location Description The program will provide services at the Compassion Center currently located at: 370 Tomkins Ct. Gilroy, CA 95020 Planned Activities The program will provide basic needs such as food, clothing, and hygiene to the homeless, as well as connections to services to increase functioning and self - sufficiency, such as a mailing, address, phones, referrals, case management, and service opportunities. It will also provide case management and outreach services. 7 Project Name Project Sentinel Fair Housing Target Area Goals Supported Promote fair housing choice Needs Addressed Housing Services Funding Housing Trust Fund: $26,000 Description Project Sentinel will provide services to address the incidence of illegal housing discrimination by investigating complaints, administering systemic audits, conducting community outreach and education and seeking redress for victims of such discrimination. Target Date 6/30/2019 8.A.a Packet Pg. 213 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 37 OMB Control No: 2506-0117 (exp. 07/31/2015) Estimate the number and type of families that will benefit from the proposed activities The program will provide services to 38 unduplicated participants. Location Description The program will provide services at the Project Sentinel office located at: 8339 Church Street, Ste. 104 Gilroy, CA 95020 Planned Activities The program will provide Fair Housing services, which include community outreach and education and the investigation of complaints and audits for unreported violations. These services are designed to address the incidence of illegal housing and provide redress to victims of such discrimination. These services help ensure balanced, integrated communities and meet HUD requirements for affirmatively furthering fair housing. 8 Project Name Gilroy Demonstration Garden Target Area Goals Supported Support for supportive services Needs Addressed Supportive Services Funding CDBG: $14,500 Description The Gilroy Demonstration Garden offers a variety of classes and programs to the community related to gardening, health and nutrition. Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities The project will serve 75 unduplicated participants. Location Description Services will take place at the City-owned community garden located at: 7360 Eigleberry St. Gilroy, CA 95020 8.A.a Packet Pg. 214 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 38 OMB Control No: 2506-0117 (exp. 07/31/2015) Planned Activities The program will provide teen internship and youth day camps, "Coffee and Cops" events and gardening classes for local residents. 9 Project Name Rebuilding Home Repair, Rehabilitation and Accessibility Modification Program Target Area Goals Supported Housing rehabilitation Needs Addressed Housing Services Funding CDBG: $120,000 Description The project will repair housing units to attend to the immediate health and safety needs of eligible low-income homeowners with an emphasis on eligible low-income homeowners living in the Neighborhood Revitalization Strategy Area (NRSA). Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities The program will serve 20 unduplicated households. Location Description Services will take place at various residences within the City of Gilroy city limits. Planned Activities The project will focus on the correction of safety hazards and urgent repairs that will attend to the immediate health and safety needs of the household. It will also provide urgent/critical repairs and/or accessibility improvements to ensure safe, affordable and a decent living environment for the occupants. 10 Project Name Aquatics Program Target Area Goals Supported Support youth services Needs Addressed Youth Services Funding CDBG: $5,000 Description Free swim lessons for low income youth Target Date 6/30/2019 8.A.a Packet Pg. 215 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 39 OMB Control No: 2506-0117 (exp. 07/31/2015) Estimate the number and type of families that will benefit from the proposed activities The program will provide free swim lessons to 70 youth ages 5-17. Location Description The program will provide services at Gilroy High School located: 750 W. 10th St. Gilroy, CA 95020 Planned Activities The program will provide free swim lessons to children ages 5 to 17 to learn to be water safe. Swim lessons will follow the American Red Cross swim lesson curriculum and instructors are certified Lifeguards and Water Safety Instructors. 11 Project Name Gilroy Youth Center Target Area Goals Supported Support youth services Needs Addressed Youth Services Funding CDBG: $35,000 Description Gilroy Youth Center services Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities The program will provide services to 150 school aged youth. Location Description The program will provide services at the Gilroy Youth Center located at: 227 IOOF Ave. Gilroy, CA 95020 Planned Activities The program will provide educational and recreational/enrichment activities to school age youth at the Gilroy Youth Center. Services will include homework assistance, field trips, workshops and various physical activities. 8.A.a Packet Pg. 216 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 40 OMB Control No: 2506-0117 (exp. 07/31/2015) 12 Project Name Code Enforcement Target Area CITY OF GILROY NEIGHBORHOOD REVITALIZATION STRATEGY Goals Supported Code Enforcement services Needs Addressed Housing Services Funding CDBG: $8,000 Description Code Enforcement services in NRSA Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities The program will assist 20 households. Location Description The program will provide code enforcement services within the Neighborhood Revitalization Strategy Area. Planned Activities This program will provide code enforcement services within the NRSA to enable 20 low- and moderate-income households to retain decent, affordable housing. 13 Project Name Homeless Outreach Target Area Goals Supported Services to the homeless Needs Addressed Supportive Services Funding Housing Trust Fund: Description This project would create a partnership with Santa Clara County to establish a homeless outreach team in the South County region of Santa Clara County. Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities There is currently no estimate of the number of participants that will be served through this project. Location Description Homeless outreach teams will work within the South County region. Funds will go toward teams within Gilroy. 8.A.a Packet Pg. 217 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 41 OMB Control No: 2506-0117 (exp. 07/31/2015) Planned Activities Dedicated outreach teams will increase the number of homeless individuals who are assessed and would increase the speed at which individuals and families are referred to and enrolled in supportive housing programs. Moreover, through a partnership with the Santa Clara County Behavioral Health Services Department (BHSD) this proposal will help ensure that: 1) the County is addressing some of the unmet mental health needs of homeless persons; and, 2) will establish a more holistic and humane response to meeting the needs of unsheltered homeless persons. These teams would work closely with the County's outreach team and other contracted outreach teams. 14 Project Name Housing Rehabilitation Target Area Goals Supported Housing rehabilitation Needs Addressed Housing Services Funding CDBG: $200,000 Description Assistance with acquisition of an existing 28-unit multifamily housing project named Connell Apartments. Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities The project will assist in the acquisition of a 28-unit multi- family affordable housing project. Location Description NSRA Planned Activities Funds will go toward the projects to facilitate extensive capital repairs and rehabilitation of existing units. The renovation and preservation of this housing asset will restore and enhance the physical condition of the building; as well as provide stable housing for extremely low income and formerly homeless persons. 15 Project Name Program Administration Target Area Goals Supported 8.A.a Packet Pg. 218 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 42 OMB Control No: 2506-0117 (exp. 07/31/2015) Needs Addressed Funding CDBG: $102,875 Description Program administration of the CDBG program Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities Location Description Management of the CDBG program will take place at Gilroy City Hall located at: 7351 Rosanna St. Gilroy, CA 95020 Planned Activities The program will provide oversight and monitoring of the CDBG and HTF programs. Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Funding of most projects was based on a competitive process that involved a Request for Proposals. Interested applicants submitting funding requests based on the targeted priorities developed by the City. Proposals were then reviewed by the City's Community and Neighborhood Revitalization Committee (CNRC), intervie ws took place of each applicant and based on both, the CNRC scored each applicant. Funds were distributed based on the applicants meeting the stated priorities and funding availability. The main 8.A.a Packet Pg. 219 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 43 OMB Control No: 2506-0117 (exp. 07/31/2015) obstacle to this process was the limited availability of funding. However, the City, with the assistance of the CNRC, made strategic investments and funded projects that could make the greatest impact to the ongoing needs of the community. 8.A.a Packet Pg. 220 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 44 OMB Control No: 2506-0117 (exp. 07/31/2015) AP -50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low- income and minority concentration) where assistance will be directed The City will continue to utilize both CDBG and Housing Trust Fund funding to support citywide efforts that meet the needs of the community. However, it will continue to make strategic investments within the boundaries of its Neighborhood Revitalization Strategy Area (NRSA) as approved by HUD. The NRSA is an area of both low-income and minority concentration, and in need of a higher-level investments to meet the needs of the community. Geographic Distribution Target Area Percentage of Funds CITY OF GILROY NEIGHBORHOOD REVITALIZATION STRATEGY 25% Table 10 - Geographic Distribution 8.A.a Packet Pg. 221 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 45 OMB Control No: 2506-0117 (exp. 07/31/2015) Rationale for the priorities for allocating investments geographically Based on the Choice Neighborhoods 2013 Mapping Tool provided by HUD, 30.77% of households within the NRSA are in poverty or have extremely low incomes (30% of county median income). The vacancy rate for this area is 7.02 % as compared to the surrounding county rate of 4.6%. Further research showed that HUD has identified the three combined tracts as "Qualified Census Tracts" (QCTs) for Low Income Housing Tax Credits. To meet this designation a tract must have either a poverty rate of at least 25% or 50% or more of its householders must have incomes below 60% of the county median income. The same area is currently considered by the Small Business Administration to be a "Historically Underutilized Business Zone" (HUB Zone). Small businesses in such a zone have certain preferences in obtain ing federal contracts. Further, a considerable number of homeless persons are found in the NRSA and most of Gilroy’s providers of homeless services are located within the boundaries. Also, the NSRA census tract has recently been identified as a potential Opportunity Zone private investment incentive program. This program was adopted in the new federal budget for FY 19, and associated federal tax reform legislation passed by Congress and signed by the President in December 2017. The program will be administered by U.S. Treasury Department with program rules projected to become available in late 2018. The program will allow private companies to invest in community and job creation activities within the Gilroy Opportunity Zone and in exchange receive a federal tax credit. Discussion See above 8.A.a Packet Pg. 222 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 46 OMB Control No: 2506-0117 (exp. 07/31/2015) Affordable Housing AP -55 Affordable Housing – 91.220(g) Introduction The need for affordable housing is a major issue facing the city of Gilroy. While the City has limited to no capacity to provide direct financial support of affordable housing, there does exist opportunities to both advocate and support efforts in acquiring affordable housing financing. Also, the City will continue to support the rehabilitation of housing for low income residents. These improvements will include, but not be limited to, accessibility improvements, roof repairs, and kitchen remodels. All the improvements will strive to insure safe and sanitary housing for individuals who are otherwise unable to make such improvements. Finally, the City will explore the possibility of utilizing CDBG funding to rehabilitate the city-owned Cherry Blossom apartments and convert to a permanent supportive housing site for critically homeless individuals. One Year Goals for the Number of Households to be Supported Homeless 0 Non-Homeless 48 Special-Needs 0 Total 48 Table 11 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 0 Rehab of Existing Units 20 Acquisition of Existing Units 28 Total 48 Table 12 - One Year Goals for Affordable Housing by Support Type Discussion Rebuilding Together, Silicon Valley will rehabilitate 20 units through its Home Repair, Rehabilitation and Accessibility Modification program. The project will repair housing units to attend to the immediate health and safety needs of eligible low-income homeowners with an emphasis on eligible low-income homeowners living in the Neighborhood Revitalization Strategy Area (NRSA.) The focus of repairs will address urgent and critical needs, as well as minor repairs, accessibility and mobility needs and 8.A.a Packet Pg. 223 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 47 OMB Control No: 2506-0117 (exp. 07/31/2015) limited rehabilitation. The City will also provide $200,000 to support to utilize HTF funds to rehabilitate low- income rental housing, such as the Cherry Blossom building in downtown Gilroy. Improvements will include building envelope improvements (i.e. replacement of roofs, replacement of windows, and replace common flooring.); energy efficient upgrades; water conservation upgrades; mobility upgrades; unit interior upgrades; and, other common area upgrades. Also through this funding, all units will become af fordable housing units of which units will be set-aside as rapid re-housing units for Gilroy’s most vulnerable residents in jeopardy of losing stable housing or homeless. Through the County’s rapid re-housing program, and similar program, the County will work with City staff to refer households that are homeless or at-risk of homelessness to the set-aside units upon turnover. The County will provide rental subsidies and case management services to ensure that these residents can achieve housing stability while living at such rental units. 8.A.a Packet Pg. 224 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 48 OMB Control No: 2506-0117 (exp. 07/31/2015) AP -60 Public Housing – 91.220(h) Introduction No public housing as defined by HUD exists within the City of Gilroy. Therefore, no efforts to support public housing will take place. Actions planned during the next year to address the needs to public housing N/A Actions to encourage public housing residents to become more involved in management and participate in homeownership N/A If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance N/A Discussion See above 8.A.a Packet Pg. 225 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 49 OMB Control No: 2506-0117 (exp. 07/31/2015) AP -65 Homeless and Other Special Needs Activities – 91.220(i) Introduction The city will continue to invest in services that meet the needs of homeless individuals. With one of the highest per-capita population of homeless individuals in the County, homelessness represents one of the top social issues that impacts the community. The city will participate in countywide efforts to address homelessness and play an active role in the "Community Plan to End Homelessness". Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City will invest $30,000 as part of a homeless outreach program that will target homeless individuals in Gilroy and the entire South County region. Funds would come from the County and the City of Morgan Hill (pending City Council approval). In South County, outreach is currently limited to law enforcement, volunteers and the existing safety net agencies. This proposal would increase the effectiveness of the countywide coordinated entry system (which is required by HUD). Having dedicated outreach teams would increase the number of individuals who are assessed and would increase the speed at which individuals and families are referred to and enrolled in supportive housing programs. Moreover, through a partnership with the Santa Clara County Behavioral Health Services Department (BHSD) this program will help ensure that: 1) the County is addressing some of the unmet mental health needs of homeless persons; and, 2) will establish a more holistic and humane response to meeting the needs o f unsheltered homeless persons. These teams would work closely with the County's outreach team and other contracted outreach teams. Further, two formerly homeless individuals sit on the Continuum of Care board. Addressing the emergency shelter and transitional housing needs of homeless persons There does not exist an emergency shelter within the City of Gilroy. The City will continue to fund day services that will m eet the basic needs of homeless individuals. It will also fund efforts to support victims of domestic violence who are often left homeless when an individual leaves their abuser. The City will make efforts to identify long-term housing for these clients by the agency that provides such services. Helping homeless persons (especially chronically homeless individuals and 8.A.a Packet Pg. 226 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 50 OMB Control No: 2506-0117 (exp. 07/31/2015) families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again. The City does not have the financial resources to directly fund such activities. Agencies that provide services to the homeless will continue to explore housing options with other funds that are leveraged with City resources. Helping low-income individuals and families avoid becoming homeless, especially extremely low -income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The City will fund homeless prevention efforts designed to prevent an individual(s) from becoming homeless. The services provided will help families threatened with eviction, or help homeless, unhoused families secure permanent housing with emergency rental assistance. The funds will serve as a bridge to solving a crisis situation. Discussion See above 8.A.a Packet Pg. 227 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 51 OMB Control No: 2506-0117 (exp. 07/31/2015) AP -75 Barriers to affordable housing – 91.220(j) Introduction There exist multiple barriers to affordable housing that are common throughout the Bay Area. These barriers include the lack of developable land which increases housing development costs and local opposition that is often based on misconceptions, such as a foreseen increase in crime; erosion of property values; increase in parking and t raffic congestion. [1] However, to ensure a healthy economy the region must focus on strategies and investment that provide housing for much of the region’s workforce whose incomes may significantly limit their housing choices. [2] The City identified several potential constraints to the development, maintenance, and improvement of housing and affordable housing, in its 2015 -2023 Housing Element update: [3] The General Plan constitutes the highest-level policy document for the City. As such, a City’s General Plan contains several items that can affect the development and distribution of housing, such as land -use classifications, and density and intensity standards. The City’s residential zoning designations control both the use and development standards of each residential parcel, thereby influencing the development of housing. The City has found that the maximum development limits established by the Zoning Ordinance do not pose a constraint to the development of housing, although these regulations do have an obvious effect on the cost and development of housing. Parking requirements do not constrain the development of housing directly, but may reduce the amount of available lot area for residential development. [1] Association of Bay Area Governments. “Affordable Housing in the Bay Area.” 2014. [2] Association of Bay Area Governments. “Jobs-Housing Connection Strategy.” 2012. [3] City of Gilroy. “2015-2023 Housing Element.” 2014. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment There are no specific actions proposed to ameliorate the negative effects of public 8.A.a Packet Pg. 228 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 52 OMB Control No: 2506-0117 (exp. 07/31/2015) policies that serve as barriers to affordable housing. The City will continue to enforce the Residential Development Ordinance (RDO) Affordable Housing Exemption Procedure (Procedure). The intent of the Procedure is to set forth specific criteria and guidelines for the affordable housing exemptions included in the City of Gilroy Zoning Ordinance. The goal of the Procedure is to meet the current and future needs of all segments of the community specifically both for-sale and rental housing to low income individuals. The City, through the implementation of its Housing Element, will continue to identify opportunities to promote the development of affordable housing where possible. Discussion See above 8.A.a Packet Pg. 229 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 53 OMB Control No: 2506-0117 (exp. 07/31/2015) AP -85 Other Actions – 91.220(k) Introduction The Annual Action Plan has highlighted many of the specific actions the city plans to take in Fiscal Year 2018-2019. Below is further information on other actions it plans to undertake during the same timeframe. Actions planned to address obstacles to meeting underserved needs As noted prior, the most significant obstacle in meeting underserved needs is the limited availability of funding. The City will continue to research potential opportunities for additional sources of funding to address the needs it is unable to address with the funds available. When funds become available, the City will research the potential uses of those funds and make a determination as to whether or not it can be used to address underserved needs. Such efforts will be addressed when the City reports out its accomplishments through the CAPER. Actions planned to foster and maintain affordable housing The City will continue to support and provide technical assistance to deve lopers of affordable for-sale and rental housing. The City will provide $200,000 to support the acquisition of the Connell Apartments. It will continue to research and evaluate options that could provide additional financial support the development of affo rdable housing. Actions planned to reduce lead-based paint hazards The City will continue to educate the community regarding the hazards of lead poisoning, particularly with regard to lead-based paint hazards. It will maintain information on the dangers of lead based paint at the Community Development counter. It will provide handouts to rehabilitation program clients and test for lead-based paint as required. Finally, it will continue to implement the local Lead Based Management Plan and update when nece ssary. Actions planned to reduce the number of poverty-level families The City expects that through the community services funding both through the CDBG and Housing Trust Fund programs will reduce the number of poverty -level families. Actions planned to develop institutional structure City staff and staff from the other CDBG entitlement cities in the County of Santa Clara and the County of Santa Clara as well as the Housing Authority of Santa Clara County 8.A.a Packet Pg. 230 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 54 OMB Control No: 2506-0117 (exp. 07/31/2015) participate in quarterly CDBG Coordinators meetings. These meetings discuss data resources and strive to coordinate requests for information to both public and private countywide agencies. These meetings help City staff to better understand the County and non-profit social service structure. Additionally, HUD staff meets with this group to clarify issues and assist in providing ongoing programmatic technical information. The email list serve for this group enables members to share information and to provide technical assistance to one another. The quarterly meetings promote and create an environment of cooperation and understanding of differing needs, concer ns, and issues among the group. This expansion of knowledge of regional issues and sharing of information benefits each of the individual jurisdictions represented in the group. Also, City staff participates in the South County Collaborative that consists of providers of services to low income and special needs residents of Gilroy, San Martin and Morgan Hill. The Collaborative is a nonprofit organization, which is able to apply for funding that benefits the communities it serves. Collaborative members share information through an active list serve, and receive notices of public comment periods on the Annual Action Plans and CAPERs. Lastly, the City's Police Department hosts a monthly meeting that includes representatives from County Mental Health, staff from various nonprofit agencies, health workers, the Santa Clara Valley Water District, faith-based organizations, as well as individual volunteers. The focus is on identifying resources and on sharing information on homeless individuals that have been identified by the police and outreach workers as being ready to get off the streets or who are in particularly dire need. The sharing of information and resources also has as a goal of conserving resources such as police time spent in re-arresting the same homeless person multiple times. The group is also considering viable alternatives to illegal encampments in Gilroy. Actions planned to enhance coordination between public and private housing and social service agencies As noted in the "Actions planned to develop institutional structure" the City actively participates in various groups and collaborative designed to share information, bring awareness to the needs and services of the community and organized to design solutions to the many needs in the community. The City will continue to participate in such efforts with the goal of bringing forth additional resources to City residents. Discussion See above 8.A.a Packet Pg. 231 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) Annual Action Plan 2018 55 OMB Control No: 2506-0117 (exp. 07/31/2015) Program Specific Requirements AP -90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction The city will continue to collect additional revenue to support the actions noted in the Annual Action Plan. The funds, known as Program Income, is collected from various sources to include repayment of past rehabilitation loans, rents from city-owned properties that were improved with CDBG and Housing Trust Fund funds and bank interest. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 36,000 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 36,000 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 70% Discussion See above 8.A.a Packet Pg. 232 Attachment: 2018-2019 Draft Annual Action Plan (1641 : Community Development Block Grant FY 2018-2019 Annual Action Plan) City of Gilroy STAFF REPORT Agenda Item Title: A Tentative Map Request to Subdivide a 103+/- Acre Site into 23 Multi-Family Condominium Lots for up to 125 Townhouse Units, 3 Parcels for Public Facilities (a Fire Station and Two Public Trails), 7 Private Open Space Lots and 4 Lots for Future Development on a Property Located North of Santa Teresa Boulevard Between West Tenth Street and Miller Avenue; APN’s: 808-18-003 (portion); 808- 19-010 (Portion), 808-19-022, 808-19-023, and 808-19-024 (Portion), the Glen Loma Corporation c/o Tim Filice Applicant (TM 17-01) Meeting Date: May 7, 2018 From: Gabriel Gonzalez, City Administrator Department: Community Development Department Submitted By: Kristi Abrams Prepared By: Kristi Abrams Melissa Durkin Strategic Plan Goals ☐ Financially Sustainable and High Performing Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Adoption of a resolution of the City Council of the City of Gilroy approving tenta tive map TM 17-01 to subdivide approximately 103 acres into 23 multi-family condominium lots for up to 125 townhouse units, 3 parcels for public facilities (a fire station and two public trails), 7 private open space lots and 4 lots for future development on a property located north of Santa Teresa Boulevard between West Tenth Street and Miller Avenue; APN’s: 808-18-003 (portion); 808-19-010 (portion), 808-19-022, 808-19-023, and 808-19-024 (portion), filed by the Glen Loma Corporation c/o Tim Filice, Applicant. EXECUTIVE SUMMARY 8.B Packet Pg. 233 This project is located within the Glen Loma Ranch Specific Plan area and is commonly known as the Town Center Tentative Map, TM 17-01. The Glen Loma Group requests approval of tentative map application TM 17-01 to subdivide a 103+/- acre site located within the Glen Loma Ranch Specific Plan area. This tentative map will create the 37- lot Town Center subdivision, including parcels for the Luchessa, The Grove, Rocky Knoll, Canyon Creek and Town Center neighborhoods. The lots created would consist of 23 residential condominium lots; three parcels for public facilities (a fire station and two public trails); seven lots for private open space (five of which are specific to the condominium development); four lots for future developme nt; and associated public and private streets on the property. In accordance with Section 21.41(i) of the Gilroy City Code (GCC), initial approval of a tentative map is valid for 24 months. BACKGROUND Specific Plan: The Glen Loma Group developed the Glen Loma Ranch Specific Plan between 2000 and 2005 through a series of community meetings, a Specific Plan liaison committee, and several Planning Commission, City Council, and Parks and Recreation Commission workshops. The Planning Commission and City Council considered the Specific Plan at public hearings held in 2005, and the City Council adopted the Specific Plan on November 7, 2005 [Ref erence : Resolution 2005-81]. The Glen Loma Ranch Specific Plan area consists of approximately 309 acres divided into 13 parcels under four separate ownerships. The land is comprised of gently-sloped terrain with mixed oak/riparian woodlands, coastal scrub, non -native grasslands and serpentine rock outcrops. Two creeks, Reservoir Canyon Creek and Babbs Creek, traverse the site, along with two modified drainage channels that convey storm water for peak seasonal storm events. A seasonal wetland exists within the northwestern region of the project site. Two schools exist within the Specific Plan area: Ascension Solorsano Middle School and Las Animas Elementary School. Roadways constructed to serve those schools also serve the Specific Plan area. The Specific Plan encompasses 17 distinct residential neighborhoods with up to 1,693 mixed-density residential units, including single-family homes, apartments, low-income units, and senior units. The City has approved the subdivision of ten neighborhoods (Home Ranch, Wild Chestnut, Vista Bella, Petite Sirah, Mataro, Montonico, McCutchin Creek, Palomino, The Grove and Luchessa), totaling 625 units so far. Three neighborhoods (Vista Bella, Petite Syrah and Mataro), with a total of 274 units, have built out. Ultimate development of the Specific Plan will also include a mixed -use Town Center commercial and residential development; a potential commercial site on the northern portion of the Specific Plan area (“Northern Commercial Reserve”); a future city fire station located within the town center; two proposed city park sites; community amenities or focal points within each neighb orhood; and approximately 88 acres (24 percent of the project site) of open space and buffer areas with six to seven miles of trails that link the neighborhoods and tie into the existing Christmas Hill Park. 8.B Packet Pg. 234 Residential Development Ordinance (RDO) Allocations: The City Council has granted a total of 1,693 RDO allocations to the Glen Loma Ranch Specific Plan area as follows: 63 allocations pursuant to application RD 99-13 in the 1999 RDO approval process; 1,380 allocations pursuant to application RD 01-23 in the 2002 RDO approval process; and 250 allocations pursuant to GCC section 30.50.60 (c) (3) b, the RDO “Special Exceptions” section (formerly section 50.63 (c) (2)). The allocations awarded consist of 1,443 market-rate units and 250 units to be constructed as affordable, senior and senior-affordable units. The time frame for construction of the RDO allocations is set forth in the Glen Loma Ranch Development Agreement, beginning with the construction of 196 Phase I units in 2006. The development agreement further provides that RDO allocations awarded for a particular calendar year may be used in that year, in the preceding three years or in the following three years, provided that no more than 500 allocations may be used in any single calendar year. In addition, the development agreement allows the buildout schedule to be extended for force majeure considerations, which include economic downturns. Due to the Great Recession, the Glen Loma Ranch RDO allocations received force majeure extensions from 2006 through 2012. With the three years of flexibility afforded via the development agreement, the developer was not required to begin obtaining final map approvals until the end of 2015. So far, the developer has received final map approval for 453 units (Vista Bella, Petite Sirah, Mataro, Wild Chestnut, Home Ranch, and Montonico), and is in compliance with the terms of the Development Agreement. Open Space: The Glen Loma Ranch Specific Plan area will preserve approximately 43 acres of natural open space and over 55 acres of accompanying buffers and other open space for public benefit. The developer will construct Class I trails within some of the buffer areas, which will be open to the public via Public Access Easements. The preserved natural open space, buffers, and Class I Trails will be owned and maintained by the Glen Loma Ranch homeowners’ association. In addition, the applicant will develop and dedicate two public parks, one adjacent to the Mataro neighborhood and one adjacent to Santiago Court; the City will maintain both parks. Town Center Neighborhood: The proposed tentative map would provide tentative approval of the specific lots within the Town Center neighborhood. In addition, this tentative map would create parcels that would allow for future subdivision of the Luchessa, The Grove, Rocky Knoll and Canyon Creek neighborhoods. This staff report will focus on the Town Center neighborhood, as approval of the subject tentative map would allow the developer to obtain final map approval of th at neighborhood. The Town Center neighborhood is located on the south side of the specific plan area adjacent to Reservoir Canyon. The intent of the Town Center neighborhood is to provide higher-density residential units around commercial, mixed-use and/or 8.B Packet Pg. 235 institutional services. This land plan serves the dual purpose of integrating higher- density residential and commercial uses, and providing a transition from the specific plan’s commercial and fire station uses to the single-family neighborhoods that characterize most of the remaining specific plan area. The Town Center neighborhood also promotes walkability through its adjacency to the Reservoir Canyon trail and by constructing higher-density, pedestrian-oriented residential development surrounding the commercial uses. The Town Center neighborhood would also contain most of the specific plan’s affordable units. Currently, the developer does not have a definite proposal for development of th e Town Center commercial area. However, this portion of the Town Center neighborhood would permit any of the following commercial uses without a conditional use permit: retail businesses, markets, offices, restaurants, personal services, museums, libraries, health clubs and day care centers. This lot could also be developed with attached residential units—such as duplexes, triplexes, condominiums, townhouse units, or apartment units—without a conditional use permit. The following uses would require a conditional use permit: bed and breakfast facilities, live-work units, artist studios, medical clinics, bars/night clubs, laundromats, dry cleaning establishments, catering facilities, and movie theaters. Specific Plan Street Circulation: Miller Avenue currently intersects with Santa Teresa Boulevard at a roundabout. In accordance with the approved Glen Loma Ranch Specific Plan (GLR SP), the General Plan circulation element, and several approved tentative and final maps within the GLR SP area, the Town Center tentative map proposes to realign Miller Avenue such that it no longer intersects with Santa Teresa Boulevard. Miller Avenue would be realigned to terminate at a proposed street created by the Town Center tentative map (Loma Ranch Street). See Attachment A, Town Center at Glen Loma Ranch Circulation Exhibit, for details of current conditions and the proposed street alignment. The City of Gilroy 2020 General Plan, including its circulation element, was adopted prior to approval of the GLR SP. The circulation element sets forth the alignments for the W est 10th Street and Luchessa Avenue extensions through the GLR SP area (see Attachment B, Circulation Plan). These alignments bisect existing Miller Avenue. As required by state law, the adopted GLR SP was required to comply with the City’s General Plan, including its circulation element. The specific plan’s compliance is demonstrated by the written plan, as well as the land use plan. See Attachment C, GLR SP Excerpt, which describes the W est 10th Street extension through the Specific Plan area. The Glen Loma Group has processed several entitlement and design documents that implement the adopted GLR SP and General Plan circulation element. To date the Gilroy City Council has approved the following documents and/or entitlements that show the same street alignments currently proposed in the Glen Loma Ranch Town Center Tentative Map: • The Glen Loma Ranch Specific Plan (2005) and subsequent Specific Plan 8.B Packet Pg. 236 Amendment (2014) • The Glen Loma Ranch Specific Plan Environmental Impact Report (2005) • TM 13-08, the Glen Loma Ranch master tentative map, which includes the circulation master plan for the specific plan area. This tentative map shows the W est 10th Street and W est Luchessa Avenue alignments in accordance with the General Plan circulation element and Specific Plan, and the resulting new intersection of Miller Avenue and Luchessa Avenue. • Glen Loma Ranch Phase 1A Backbone Improvement Plans. In accordance with these plans, W est Luchessa Avenue between the current Miller Avenue alignment and W est 10th Street has already been constructed. • Tract 10254, Mataro Final Map. As part of this final map, the developer dedicated the right-of-way for West Luchessa Avenue to Miller Avenue and a portion of W est 10th Street from Uvas Creek to Luchessa Avenue. • Santa Teresa Boulevard/Miller Avenue Roundabout. The roundabout has been designed and constructed in accordance with the future alignment of West 10th Street per the approved GLR SP and EIR mitigation measures. • TM 16-03, The Grove & Luchessa. This tentative map abandons the portion of Miller Avenue between Luchessa Avenue and Santa Teresa Boulevard, and provides for development of the portion of W est 10th Street from Luchessa Avenue to Santa Teresa Boulevard. This is the only undeveloped portion of W est 10th Street remaining within the GLR SP area. Development Agreement and Vested Rights: The proposed Town Center TM design is consistent with the adopted Glen Loma Ranch Specific Plan and is also an integral part of implementing the specific plan’s vision, which includes a commercial and higher- density residential “town center.” A redesign to allow Miller Avenue to remain in its current condition until the 10th Street bridge is constructed, and to create a West 10th Street/Miller Avenue/Santa Teresa Boulevard intersection, would be inconsistent with the adopted specific plan. This inconsistency results from a changed street circulation design, and the subsequent inability to develop the neighborhood components—a below market rate (BMR) site, a fire station site, a commercial flex site and a multi- family site—as envisioned by the adopted specif ic plan. If Miller Avenue were to remain in its current location, the specific plan land plan would need to be reconsidered and redesigned to reflect a street bisecting the neighborho od. In addition, the alignment of West 10th Street would have to be evaluated and likely redesigned to address an intersection with Miller Avenue. It is unknown whether the resulting redesign would result in viable development. The Glen Loma Group entered into a development agreement with the City of Gilroy on November 21, 2005 to provide certainty in the GLR SP development process. Government Code sections 65864 - 65869.5, Development Agreements, allows cities and developers to enter into development agreements for both parties’ mutual benefit. Development agreements assure private developers that approvals granted by public 8.B Packet Pg. 237 agencies will not change during the period of project development. These agreements also assure cities that costly infrastructure, such as roads, sewers, parks and fire protection facilities, will be provided as project development proceeds. In accordance with sections 3.1 and 3.2 of the executed development agreement, the developer has a vested right to develop the GLR SP area in accordance with the adopted Specific Plan, subject to the regulations specified in development agreement section 3.2 (see Attachment D, Development Agreement Excerpt). The developer has obtained several entitlements and installed improvements to execu te the adopted Specific Plan. The street layout shown in the specific plan, and approved via several final map and improvement plan processes, has vested the street layout in accordance with the Specific plan. Changes to this street design could not be i mposed on the developer; rather, the developer would have to agree to any design changes. The developer has indicated that he plans to develop the specific plan area in accordance with the adopted GLR SP. The planned circulation phasing is graphically illustrated in the five drawings that comprise Attachment E, Circulation Construction Phasing. Planning Commission Recommendation: At a publically noticed meeting on March 1, 2018 the Planning Commission recommended approval of TM 17 -01 by a vote of 7-0. The Planning Commission discussed the number of students generated by the project ; the Miller Avenue realignment; Bicycle and Pedestrian Commission recommendations; and project design issues. The Bicycle and Pedestrian Commission and project design issues could not be discussed at the meeting, as those are architectural and site review issues, and were not on the agenda. In addition, as with all projects in the Glen Loma Ranch Specific Plan area, the architectural and site review for future development would be approved by the Planning Manager, in accordance with the development agreement. No members of the public spoke on this item. ANALYSIS The subject property would create the 37-lot Town Center subdivision within the Glen Loma Ranch Specific Plan area. The proposed tentative map would create the parcels for the Luchessa, The Grove, Rocky Knoll and Canyon Creek neighborhoods. Those neighborhoods would receive subdivision approval with specific lot layouts through separate tentative map processes. While the subject tentative map creates the parcels allowing for future subdivision of the afore-mentioned neighborhoods, it provides for ultimate mapping of the Town Center neighborhood, allowing that neighborhood to proceed to the final map process. Specifically, this tentative map would provide for development of the Reservoir Canyon trail and would create the following parcels within the Town Center neighborhood: a 6.7 - acre “Flex” parcel that could allow commercial or mixed -use development; a 1.36-acre fire station parcel; a 9.6-acre BMR (below market rate or affordable apartment) parcel; and a 10.5-acre townhouse parcel, including creation of 23 condominium lots. This 8.B Packet Pg. 238 tentative map staff report focuses on the Town Center neighborhood, as all of the o ther neighborhoods require separate tentative map approval (see Attachment F for a project vicinity map). In accordance with Section 21.41(i) of the Gilroy City Code, initial approval of a tentative map is valid for twenty-four (24) months. Such approval may be extended at the Council’s discretion or by statutory extensions. a) Site Layout and Lot Sizes: The Town Center neighborhood is located on the east side of the Specific Plan area, and is bordered on the north by Christmas Hill Park; on the east by the Petite Sirah, Luchessa, and The Grove neighborhoods; on the south by Santa Teresa Boulevard; and on the west by Reservoir Canyon (see attachment G for reduced plans). The following chart summarizes the proposed parcels and land uses: Land Use Acreage Lot(s) Future Fire Station Lot 1.36 A1 Trail Lots 0.19 A2 and A3 Private Open Space 8.15 B1-B7 Future Development Area 79.27 C1-C4 Residential 5.2 1-23 Public Streets 6.8 n/a Private Streets 2 n/a Totals 102.97 37 The Town Center BMR site will be located at the northeast corner of Miller Avenue and West Luchessa Avenue, south of Christmas Hill Park. This site is proposed to be developed with 158 affordable apartment units. See the “Neighborhood District Policy Consistency” section of Attachment H, subsection B, for a full discussion of the Specific Plan’s affordable housing requirements. The affordable and senior units are focused in this area due to the close proximity to commercial uses, reducing the need for vehicular travel to basic services. In addition, the close proximity to transit stops (located on W est 10th Street near W est Luchessa) and trails (the Reservoir Canyon trail and Santa Teresa trail) will allow for alternative forms of transportation. In accordance with the Glen Loma Ranch development agreement, the architectural and site review for the town house units will be approved at a staff level. The Town Center Flex (commercial/mixed-use) portion of the Town Center will be 8.B Packet Pg. 239 bordered to the north by the BMR site and to the south by the townhouse site. The close proximity of the higher-density developments and the commercial uses promote walkability within this neighborhood, which is further enhanced by the site’s adjacency to the Reservoir Canyon trail. No development plans have been submitted for the Flex site; development of this site will be considered separately through future applications, approved at a staff level. The fire station site is directly to the west of the Flex site, east of Reservoir Canyon, and south of the BMR site. The location of the fire station will allow it to serve the specific plan area and nearby residential development, but provides enough separation from residential uses to minimize noise and traffic conflicts. The fire station is currently undergoing separate architectural and site review, which will be approved at a staff level. It is unknown when the fire station will open. The Town Center Multi-family site is located on the south end of the Town Center neighborhood, between Santa Teresa Boulevard and Loma Ranch Street (a new street between the Town Center Flex site and the Town Center Multi -family site). The subject tentative map will create 23 condominium lots on which up to 125 townhouse units will be developed. In accordance with the Glen Loma Ran ch development agreement, the architectural and site review for the town house units will be approved at a staff level. b) Density: The Town Center consists of two residential development areas: the Multi-family area, which is 5.2 net acres and proposes up t o 125 dwelling units(du), for a density of 24+/- du/acre; and a BMR (affordable apartment) site, shown as Future Development site C1 on the tentative map. This site is 9.6 net acres and proposes 158 dwelling units, for a density of 16+/- du/acre. Overall, the proposed density in this area meets the Neighborhood District Policy’s Target Density of 8 units per acre (see the “Neighborhood District Policy Consistency” of Attachment H, subsection A). c) Circulation: The Glen Loma Ranch Specific Plan includes a circulation system composed of arterial, collector and local roads connecting to Santa Teresa Boulevard, Miller Avenue, 10th Street, and Luchessa Avenue. The Specific Plan also includes a well-developed system of bicycle and pedestrian trails that provide connectivity throughout the Specific Plan area and to adjacent residential neighborhoods, Christmas Hill Park, and the Uvas Creek Park Preserve. Opportunities for transit are also included within the plan. Private streets within the Town Center subdivision accord with City of Gilroy private street standards in terms of lane width, sidewalk width, and parking stall width; all private streets will be maintained by the homeowners’ association. The naming of five new private streets (Laguna Seca Lane, Tawhana Lane, Paysar Lane, Ores Way, and Kolkol Way) has been approved in accordance with the development agreement. 8.B Packet Pg. 240 Access to the Town Center neighborhood will be provided by Miller Avenue, West Luchessa Avenue, W est 10th Street, and Loma Ranch Street. These public streets are currently under construction as part of Glen Loma Ranch’s master infrastructure. In addition, Miller Avenue will be realigned as part of this map improvement, such that it no longer intersects with Santa Teresa Boulevard. West 10th Street will be constructed to carry the traffic that currently travels on Miller Avenue, and will intersect with Santa Teresa Boulevard at the roundabout intersection where Miller Avenue currently intersects. d) Open Space: In addition to the specific plan-wide open space discussed in the ”Background” section of this report, each neighborhood is required to provide a “focal point,” a private open space area intended to serve only neighborhood residents. In the Town Center neighborhood, the BMR site and the Multi-family will each have to provide separate focal points to serve their residents. The multi-family site proposes five open space lots. These include a 1.5 -acre parcel that will contain a small orchard, a community garden, and a picnic area bordering the east side of the site; and a 0.7-acre parcel that will contain a linear park located between lots 12 and 17, and lots 13 and 16, and a children’s play area at the center of the site. The Town Center neighborhood Multi-family site builder will be required to construct the portion of the Class I (paved) Santa Teresa trail that abuts this property. This trail segment will extend from the intersection of W est 10th Street/Santa Teresa along the entire length of the Town Center multi-family project frontage. Future segments of this trail will develop as the property west of the Town Center neighborhood develops. The Multi-family builder and BMR builder will also construct the portions of the Reservoir Canyon trail adjacent to their sites. The Reservoir Canyon Trail is a north-south oriented Class I trail that will connect the Santa Teresa trail to Christmas Hill Park. Open Space Maintenance: All open space within the Town Center neighborhood, the Santa Teresa trail, and the Reservoir Canyon trail will be m aintained by the homeowners’ association. Trail/Open Space Interface Design: The Town Center neighborhood has been designed such that homes will front or side onto open space and trail areas. e) Sound Attenuation: Homes in the Town Center neighborhood will front onto surrounding streets, such that the homes will provide sound attenuation. No soundwalls will be necessary within this neighborhood. f) Stormwater Treatment Basins: The tentative map shows two detention basins: one east of parcel C1 (Town Center basin), and one west of parcel C1 (Miller basin). The Town Center basin has already been constructed; the Miller basin will be 8.B Packet Pg. 241 constructed by the BMR apartment developer as part of their improvements. Both basins are needed to serve the Town Center neighborhood. g) Abandonment of a Portion of Miller Avenue: In accordance with the specific plan, an approximate 2,000 foot-long section of Miller Avenue that traverses the Town Center neighborhood will be abandoned. The abandoned portion of Miller Avenue will be incorporated into the land area developed as the Town Center neighborhood. Miller Avenue will be realigned to connect with West Luchessa Avenue and will continue southward, terminating at its intersection with Loma Ranch Street. W est 10th Street will be constructed to carry the traffic that currently travels on Miller Avenue, and will intersect with Santa Teresa Boulevard at the roundabout intersection where Miller Avenue currently intersects. h) Off-Site Improvements: The following off-site improvements would be developed as part of this tentative map approval: a six-foot high retaining wall on the Christmas Hill Park site; Luchessa from W est 10th Street to new Miller Avenue; Loma Ranch Street from W est 10th Street to new Miller Avenue; W est 10th Street from Santa Teresa Boulevard to West Luchessa Ave (constructed as part of The Grove development); Santa Teresa Trail and associated landscaping (along the Town Center neighborhood frontage); Reservoir Canyon Trail and associated landscaping. i) Property Dedications and Easements: The developer will dedicate trail land to the City for the Santa Teresa trail improvements; the public right-of-way along W est 10th Street from Santa Teresa Boulevard to West Luchessa Avenue; the public right -of- way along W est Luchessa Avenue between W est 10th Street and Miller Avenue; the public right-of-way along the new Miller Avenue within the project boundary; the public right-of-way along Loma Ranch Street; and land required for public services easements. j) FINDINGS: The following findings can be made in support of the tentative map request: i) The proposed Tentative Map is consistent with the intent of the goals and policies of the Glen Loma Ranch Specific Plan. ii) The proposed Tentative Map is consistent with the intent of the goals and policies of the City's General Plan. iii) The proposed development is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code, and the State Subdivision Map Act. iv) Public utilities and infrastructure improvements needed in order to serve the proposed project are in close proximity. v) There will be no significant environmental impacts as a result of this project due to the required mitigation measures to be applied. 8.B Packet Pg. 242 As such, staff and the Planning Commission recommend approval by the City Council with the recommended conditions included in Attachment I of this staff report. k) Gilroy Unified School District: As part of the development review process, the Planning Division includes Gilroy Unified School District (GUSD) staff to obtain input on proposed projects. GUSD staff has provided the following information about this development site: i) The Glen Loma Ranch development is served by the following schools: Las Animas Elementary, Solorsano Middle School, and Gilroy High School. The District might construct an additional elementary school within the Glen Loma Ranch Specific Plan area in the future, if warranted. ii) District staff expects approximately 71 students to be generated from this project and has determined that the schools serving the Glen Loma Ranch development have adequate capacity to serve the students generated by the new homes, with school capacities and projected enrollments as follows: • Las Animas Capacity: 932; projected enrollment for 2018/19: 682 • Solorsano Capacity: 1,352; projected enrollment for 2018/19: 983 • GHS capacity: 2,100; projected enrollment for 2018/19: 1,693 iii) Students will access Las Animas Elementary School, approximately 0.37 miles from the subdivision, via West Luchessa Avenue; Ascension Solorsano Middle School, approximately .9 miles from the subdivision, via Miller, West Luchessa Avenue, Merlot Drive, and Syrah Drive; and Gilroy High School, approximately 1.2 to 1.5 miles from the subdivision, initially via West Luchessa Avenue, Miller Avenue, Uvas Park Drive and 10th Street or via West Luchessa and Princevalle, and ultimately 0.8 miles via West 10th Street, across the 10th Street bridge. ALTERNATIVES The City Council has the option to approve, deny, or modify tentative map application TM 17-01. If the City Council decides to approve this tentative map, with or without modifications, the Council must make the findings listed in Section j, Findings, of this staff report. Staff and the Planning Commission recommend approval of the tentative map. If the City Council decides to deny tentative map application TM 17-01 (not recommended), in accordance with California Government Code section 66474, at least one of the following findings must be made: (A) That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451. (B) That the design or improvement of the proposed subdivision is not 8.B Packet Pg. 243 consistent with applicable general and specific plans. (C) That the site is not physically suitable for the type of development. (D) That the site is not physically suitable for the proposed density of development. (E) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (F) That the design of the subdivision or type of improvements are likely to cause serious public health problems. (G) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. As stated above, both staff and the Planning Commission recommend that the City Council make the findings listed in Section j, Findings, and approve tentative map application TM 17-01. FISCAL IMPACT/FUNDING SOURCE There are no anticipated fiscal impacts to the City. All staff costs associated with preparing this staff report have been paid by the applicant. Future costs associated with preparation of the final map and improvement plans will also be paid by the applicant. CONCLUSION Approval of tentative map application TM 17-01 will allow development of the Town Center neighborhood as anticipated by the Glen Loma Ranch Specific Plan, and is consistent with the findings required for approval. Therefore, both staff and the Planning Commission recommend approval of tentative map application TM 17-01 with incorporation of the conditions of approval contained in the attached resolution (Attachment I). NEXT STEPS If the City Council approves the recommended action, the developer may process a final map and improvement plans and submit architectural and site review applications to construct residential and commercial projects on the lots within the Town Center neighborhood. PUBLIC OUTREACH 8.B Packet Pg. 244 Property owner information (i.e. list, labels, and map) within 500 feet of the subject site were generated by First American Title Company using current ownership data. On April 16, 2018, notices of this City Council meeting were mailed to the property owners along within other interested parties. In addition, the property has been posted with on - site signage notifying passersby of pending development, and the City Council public hearing packets are available through the City's webpage. Attachments: 1. Attachment A Town Center at Glen Loma Ranch Circulation Exhibit 2. Attachment B Circulation Plan 3. Attachment C GLR SP Excerpt 4. Attachment D Development Agreement Excerpt 5. Attachment E Circulation Construction Phasing 6. Attachment F Vicinity Map 7. Attachment G Reduced Project Plans 8. Attachment H Policy and Regulatory Considerations 9. Attachment I TM 17-01 Resolution 10. Public Comments 8.B Packet Pg. 245 MILL E R A V E N U E (FU T U R E )SANTA TERESA BLVD.GLEN LOMAPROPOSED CONDITIONSRANCHNOT TO SCALEEXISTING CONDITIONSTHE GROVELUCHESSATOWNCENTERMULTI-FAMILYTOWNCENTERFLEXTOWNCENTERAFFORDABLEFIRESTATIONMILLER AVENUESANTA TERESA BLVD.TOWN CENTER AT GLEN LOMA RANCHTO CHRISTMAS HILL PARKCIRCULATION EXHIBIT EXISTING MILLERAVENUE ALIGNMENTWEST1 0 TH S T R E E TWESTLUCHESSAAVE.LOMA RANCHSTREET8.B.aPacket Pg. 246Attachment: Attachment A Town Center at Glen Loma Ranch Circulation Exhibit (1615 : Tentative Map Request TM 17-01) 8.B.b Packet Pg. 247 Attachment: Attachment B Circulation Plan (1615 : Tentative Map Request TM 17-01) Glen Loma Ranch Specific Plan - Final 106 Section 14 borders the Glen Loma Ranch Specific Plan area. Club Drive is presently a four-way intersection. Tenth Street Extension The Gilroy General Plan has proposed the extension of Tenth Street from its present western terminus at Uvas Creek Drive to intersect with Santa Teresa Boulevard at the present Santa Teresa Boulevard/ Miller Avenue intersection. The Glen Loma Ranch will reflect the General Plan alignment of Tenth Street across the Specific Plan area. The Tenth Street alignment is anticipated to intersect Santa Teresa Boulevard at the existing Miller Avenue intersection. A portion of the extension of Tenth Street will be the construction of a bridge across Uvas Creek. The design of the Tenth Street bridge will be initiated by the City of Gilroy in 2006, and is anticipated to be open for traffic in 2011. The bridge will be funded by the Traffic Improvement Fee. Ballybunion Drive Ballybunion Drive is designated by the City of Gilroy as a “residential collector”, and is the second existing signalized intersection that was constructed as part of the Eagle Ridge golf course community. The Glen Loma Ranch Specific Plan area will utilize this intersection as the central connection to Santa Teresa Boulevard. The Specific Plan circulation scheme designates Ballybunion Drive as a residential collector allowing traffic to access Santa Teresa Boulevard. Since Santa Teresa Boulevard an expressway, it is the preferred route to move regional traffic. The Ballybunion Drive connection to Merlot Drive is designed to discourage “cut through” regional traffic. Miller Avenue Miller Avenue currently bisects the Specific Plan area running east-west connecting Christmas Hill Park to Santa Teresa Boulevard. Starting at the intersection of Miller Avenue and Santa Teresa 14. DESIGNS THAT REDUCE TRAFFIC SPEEDS, VOLUMES, & NOISE Glen Loma Ranch Specific Plan Circulation System The Glen Loma Ranch Specific Plan area is served by three major roadways; Santa Teresa Boulevard, Luchessa Avenue, and Miller Avenue. All street designs within the Specific Plan area must be consistent with the Specific Plan and built to City standards. In addition, Tenth Street will be extended across Uvas Creek and through the project site to Santa Teresa Boulevard. NOTE: At the time of adoption of this document, the City of Gilroy is in the process of amending the street standards for the City of Gilroy. The amended standards established by the City of Gilroy, including rights-of-way, widths of paving, park strips, and sidewalks, will supersede any standards or references cited within the Glen Loma Ranch Specific Plan. While these amended street sections have not been adopted, the intent of the amendments is consistent with the goals of the Glen Loma Ranch Specific Plan by reducing paving while increasing the amount of landscaping where possible. Santa Teresa Boulevard Santa Teresa Boulevard is a currently a two-lane expressway. Upon the ultimate build-out as an expressway, Santa Teresa Boulevard will be a four- lane expressway with a total right-of-way of 110 feet. The Glen Loma Ranch Specific Plan area will access Santa Teresa Boulevard at three existing intersections. Ballybunion Drive is currently a three legged intersection, but upon build-out, it will become a four-way intersection. Miller Avenue (described below) will be realigned within the Specific Plan area to become the future extension of Tenth Street. Club Drive Club Drive has the most northern signalized intersection along Santa Teresa Boulevard that 8.B.c Packet Pg. 248 Attachment: Attachment C GLR SP Excerpt (1615 : Tentative Map Request TM 17-01) , 3.1. Project Development; Control of Development. Vested Rights. Developer/Owners shall have the vested right to develop the Property for the Project in accordance with the , Applicable City Regulations, the RDO Allocations, the Final EIR and terms and conditions of this Agreement (collecti~ely referred to herein as the "Vested Rights"); and City shall have the right t<? control development, of the Project, subject to and in accordance with the provisions of this Agreement. The Applicable City Regulations, City Approvals, Final EIR and this " Agreement shall control the overall design, development and construction of the Project, and all on-and off-site improvements and appurtenances in connection therewith, in the manner , specified in this Agreement. City and Developer/Owners intend that this Agreement complies with the provisions of GovemmentlCode section 65865.2 In the event of any inconsistency betw~en the Applicable City Regulations and this Agreement, this Agreement'shall control, except that if the inconsistency cannot be reconciled by application of this rule of construction, the provision which best gives effect to the purposes of this Agreement shall control. Consistent with applicable law and this Agreement, the City shall take any and al1 actions as may be necessary or appropriate to ensure that the Vested Rights provided by this Agreement can be enjoyed by Developer/Owners. 3.2. Applicable City Regulations. Except as specifical1y provided in this Section 3.2 and Section 3.3, the Existing City Regulations, the Specific Plan, Final ErR and this Agreement shal1 govern the development of the Project and al1 subsequent City Approvals with respect to the Project. City shall have the right, in connection with any further City Approvals, to apply future City Regulations as Applicable City Regulations only in accordance with the following terms, conditions and standards: \LAC\673938.3 091906·04706099 -15- " I I I I I I· I· I. t'· 8.B.d Packet Pg. 249 Attachment: Attachment D Development Agreement Excerpt (1615 : Tentative Map Request TM 17-01) I • 3.2.1. Futur~ City Regulations. City shall have the right to apply City Regulations adopted by after the Adoption Date only if such City Regulations (i) are not in any.manner inconsistent or in conflict with the intent, purposes, terms, standards or conditions of this Agreement; (ii) do not in lIny manner change or modify the uses, height, density and intensity of development specified in the Existing City Regulations or this Agreement with respect to the Project, and do not change or modify, or interfere with, the timing, phasing, or rate of development ofthe Project, (iii) are not in conflict with and do not reduce the Vested Rights granted in this Agreement, and (iv) do not interfere with or diminish the ability of a Party to , . perform its obligations under this Agreement, or expand,. enlarge or accelerate . \ Developer/Owners' obligations under this Agreement. 3.2.2. Regulation for Health and Safety. Notwithstanding any other provision of this Agreement, City shall have the right to apply City Regulations adopted by City after the Adoption Date, if such a~pli~ation (i) is otherwise permissible pursuant to state and federal Laws (other than th~ Development'Agreement Legislation), (ii) is required to protect against a demonstrated threat to the physical health and safety of existing or future Occupants, or users of the Project, or any portion thereof or any lands immediately adjacent thereto, and (iii) is made in a manner that does not discriminate against Developer/Owners or the Proj ecl. 3.2.3. Construction Codes. City shall have the right to apply to the Project, as a ministerial act, the Construction Codes in effect at the time of the approval of any City Approval thereunder. All permits required under Construction Codes shall be issued by City after City'S review and approval of Developer's or Transferee's applications therefor, except that City's review of the applications shall be limited to determining whether (i) the application is complete, lLAC1673938.3 091906.{)4706D99 -16- .' 8.B.d Packet Pg. 250 Attachment: Attachment D Development Agreement Excerpt (1615 : Tentative Map Request TM 17-01) EX. MILLER AVE.W. LUCHESSA AVE.8.B.ePacket Pg. 251Attachment: Attachment E Circulation Construction Phasing (1615 : Tentative Map Request TM 17-01) W. LUCHESSA AVE.W. 10TH STREET EXISTING MILLE R AV E.8.B.ePacket Pg. 252Attachment: Attachment E Circulation Construction Phasing (1615 : Tentative Map Request TM 17-01) W. 10TH STREET W. LUCHESSA AVE.8.B.ePacket Pg. 253Attachment: Attachment E Circulation Construction Phasing (1615 : Tentative Map Request TM 17-01) W. TENTH STREET W. LUCHESSA AVE.8.B.ePacket Pg. 254Attachment: Attachment E Circulation Construction Phasing (1615 : Tentative Map Request TM 17-01) ..W. LUCHESSA AVE.W.10TH STREET8.B.ePacket Pg. 255Attachment: Attachment E Circulation Construction Phasing (1615 : Tentative Map Request TM 17-01) The Site8.B.fPacket Pg. 256Attachment: Attachment F Vicinity Map (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 257Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 258Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 259Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 260Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 261Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 262Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 263Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 264Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 265Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 266Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 267Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 268Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 269Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 270Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 271Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 272Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 273Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 274Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 275Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 276Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 277Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 278Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 279Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 280Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 281Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 282Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 283Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 284Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 285Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 286Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) 8.B.gPacket Pg. 287Attachment: Attachment G Reduced Project Plans (1615 : Tentative Map Request TM 17-01) Policies and Regulatory Considerations The following policies and regulations apply to the Town Center subdivision map. Neighborhood District Policy Consistency: This property is located within the Glen Loma Ranch Specific Plan Neighborhood District area, and was planned from the outset to comply with General Plan Neighborhood District policies. The resolution approving the Glen Loma Ranch Specific Plan found that the design of the Plan was consistent with General Plan Neighborhood District policies (City Council Resolution 2005-82). The following Specific Plan components support that determination. A) Density Requirements: The “Neighborhood District Policy” sets minimum, but not maximum, density standards, and provides incentives for projects to achieve a higher “Target” density of approximately 8 units per acre [ND policy section 8.1]. The Town Center consists of two residential development areas: the Multi-family area, which is 5.2 net acres and proposes 125 dwelling units, for a density of 24+/- du/acre; and a BMR (affordable apartment) site, shown as Future Development site C1 on the tentative map. This site is 9.6 net acres and proposes 158 dwelling units, for a density of 16+/- du/acre. Overall, the neighborhood meets the Neighborhood District Policy’s Target Density. B) Affordable Housing Requirements: The “Neighborhood District Policy” requires that each Neighborhood District development construct a minimum of fifteen percent (15%) of its units at affordable prices. The adopted Development Agreement and Specific Plan set forth the specific considerations related to affordable housing and senior housing within the Glen Loma Ranch Specific Plan area. In accordance with the Development Agreement, 15.1 percent of the units constructed will be sold or rented at affordable levels, resulting in a maximum of 256 affordable units within this Specific Plan area. This number is comprised of seventy-five (75) unrestricted “Senior” units, that are intended to be affordable by design (i.e. smaller units constructed at a higher density); seventy-five (75) “affordable Senior” units that will be affordable in accordance with adopted City policies; and 106 multi-family units that will be affordable in accordance with adopted City policies. These units may be either sold or rented. That number of affordable units is required if the developer achieves the maximum Specific Plan build out of 1,693 units; if fewer units are constructed, the number of affordable units required will be reduced accordingly, while maintaining the 15.1 percent affordability ratio. The Development Agreement anticipates that “approximately 86 affordable units will be constructed in Phase 1, 85 affordable units will be constructed in Phase 2, and 85 affordable units will be constructed in Phase 3” [DA 34]. Since the Development Agreement states that Phase 1 consists of 633 units, the 8.B.h Packet Pg. 288 Attachment: Attachment H Policy and Regulatory Considerations (1615 : Tentative Map Request TM 17-01) developer will be required to construct 86 affordable units prior to building permit issuance of the 634th unit in the Glen Loma Ranch Specific Plan area. So far, the City Council has approved 625 units in the Glen Loma Specific Plan area through the tentative map process. Approval of this map would bring that total to 908 units. Two hundred seventy-four (274) units have been constructed so far within the Specific Plan area, so the developer is still within Phase 1 of development. The Town Center BMR site proposes 158 income-restricted affordable units. These units will satisfy the 106 multi-family affordable unit requirement and 52 of the affordable senior units. The Town Center Multi-family (townhouse) site proposes 46 senior affordable by design units (the end units in each row of townhouses). With a total of 204 affordable units proposed in the Town Center, the developer will exceed Glen Loma Ranch’s Phase 1 and Phase 2 affordable housing requirements. Future neighborhoods within the specific plan area will develop the remaining required affordable units. C) Neighborhood Open Space: The “Neighborhood District Policy” requires open space to meet the needs of residents in the neighborhood district are a. Specifically, this policy requires “minimum standards for recreational areas and [. . .] a focal point recreational area in each neighborhood.” This issue is discussed in section 9. D. of this staff report. Staff believes the Glen Loma Ranch Specific Plan will provide exceptional recreational and open space amenities for residents as well as the community at large. D) Housing Diversity: The “Neighborhood District Policy” states, “Neighborhood District master and specific plans shall mix housing of different densities together, integrating them throughout the Neighborhood District.” The Glen Loma Ranch Specific Plan includes the following housing types: compact lots, traditional lots, single-family attached lots, and multi-family attached. These housing types will be dispersed throughout the Specific plan area. Staff believes that the Glen Loma Ranch Specific Plan complies with this “Neighborhood District Policy” requirement. Overall, staff believes that the design of the proposed project is consistent with the “Neighborhood District Policy” criteria. Santa Clara Valley Habitat Plan: Development of the Glen Loma Ranch Specific Plan area is regulated by the Habitat Plan. As such, the developer will be required to conduct focused, pre-construction surveys for the federally and state-listed Endangered Species and state Species of Special Concern and obtain a Habitat Plan permit. Project design features will protect water quality by implementing Low Impact Development elements and Best Management Practices for open space areas and landscape filtration/infiltration features. 8.B.h Packet Pg. 289 Attachment: Attachment H Policy and Regulatory Considerations (1615 : Tentative Map Request TM 17-01) RESOLUTION 2018- XX 4838-3271-1776v1 JH\04706083 RESOLUTION NO. 2018-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY RECOMMENDING APPROVAL OF TENTATIVE MAP TM 17-01, CREATING 23 MULTI-FAMILY CONDOMINIUM LOTS, ON WHICH UP TO 125 TOWNHOUSE UNITS WILL BE CONSTRUCTED; THREE PARCELS THAT WILL BE DEVELOPED WITH PUBLIC FACILITIES (A FIRE STATION AND TWO PUBLIC TRAILS); SEVEN PRIVATE OPEN SPACE LOTS; FOUR LOTS FOR FUTURE DEVELOPMENT; AND ASSOCIATED PUBLIC AND PRIVATE STREETS, LOCATED WITHIN THE GLEN LOMA RANCH SPECIFIC PLAN AREA, NORTH OF SANTA TERESA BOULEVARD, BETWEEN WEST TENTH STREET AND MILLER AVENUE, APNS 808-18-003 (portion); 808-19-010 (portion), 808-19-022, 808-19-023, 808-19-024 (portion), FILED BY GLEN LOMA CORPORATION WHEREAS, The Glen Loma Corporation submitted an application requesting a tentative map to subdivide an approximate 103+/- acre site into 23 multi-family condominium lots, on which up to 125 townhouse units will be constructed; three parcels that will be developed with public facilities (a fire station and two public trails); seven private open space lots; four lots for future development; and associated public and private streets; and WHEREAS, the subject property is located within the Glen Loma Ranch Sp ecific Plan area, north of Santa Teresa Boulevard, between West Tenth Street and Miller Avenue, commonly known as Town Center at Glen Loma Ranch; and WHEREAS, the Planning Commission of the City of Gilroy has considered the tentative map (TM 17-01), in accordance with the Gilroy Zoning Ordinance, and other applicable standards and regulations; and WHEREAS, TM 17-01 was referred to various public utility companies and City departments, including the Technical Advisory Committee for recommendations; and WHEREAS, on November 7, 2005, the City of Gilroy adopted the Glen Loma Ranch Specific Plan; and WHEREAS, on November 21, 2005, the City of Gilroy adopted the Glen Loma Ranch Development Agreement; and WHEREAS, an environmental impact report (EIR) was prepared and certified for this site on November 7, 2005 as part of the review of application GPA 00-01; and WHEREAS, the California Environmental Quality Act (CEQA) Guidelines section 15182, Residential Projects Pursuant to a Specific Plan, exempts residential projects pursuant to a specific plan from further environmental review under CEQA, as long as the project meets the requirements of that section, and City Staff has determined that the proposed residential 8.B.i Packet Pg. 290 Attachment: Attachment I TM 17-01 Resolution (1615 : Tentative Map Request TM 17-01) RESOLUTION 2018-XX 4838-3271-1776v1 JH\04706083 subdivision meets the requirements of section 15182 such that no further environmental analysis is required by CEQA; and WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent with the certified EIR; and WHEREAS, the Planning Commission held a duly noticed public hearing on March 1, 2018, at which time the Planning Commission considered the public testimony, the staff report dated March 1, 2018 (“Planning Commission Staff Report”), and all other documentation related to TM 17-01, and recommended that the City Council approve TM 17-01 with 102 conditions; and WHEREAS, the City Council held a duly noticed public hearing on April 16, 2018, at which time the City Council considered the public testimony, the staff report dated April 16, 2018 (“City Council Staff Report”), and all other documentation related to TM 17-01; and WHEREAS, the City Council finds that TM 17-01 conforms to the City's General Plan and elements thereof, including the “Glen Loma Ranch Specific Plan” and the “Neighborhood District Policy”; and NOW, THEREFORE, BE IT RESOLVED THAT: SECTION I The City Council hereby finds as follows: 1. TM 17-01 is generally consistent with the intent of the goals and policies of the “Glen Loma Ranch Specific Plan.” 2. TM 17-01 is generally consistent with the intent of the goals and policies of the City’s “Neighborhood District Policy.” 3. TM 17-01 is generally consistent with the intent of the goals and policies of the City’s General Plan. 4. TM 17-01 is consistent with the Zoning Ordinance and the City’s Subdivision and Land Development Code, and the State Subdivision Map Act. 5. TM 17-01 is physically suitable for the type of development. 6. The design of TM 17-01are not likely to cause substantially environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 7. The design of TM 17-01 is not likely to cause serious public health problems. 8. The design of TM 17-01 will not conflict with easements, acquired by the public at large, for access through or the use of, property within the TM 17- 01. 9. Public utilities and infrastructure improvements needed in order to serve TM 17-01 are in close proximity. This is a conditional of approval not a finding for TM approval 8.B.i Packet Pg. 291 Attachment: Attachment I TM 17-01 Resolution (1615 : Tentative Map Request TM 17-01) RESOLUTION 2018-XX 4838-3271-1776v1 JH\04706083 SECTION II The City Council of the City of Gilroy hereby approves TM 17-01, subject to the 102 conditions of approval set forth in Exhibit “A” attached hereto. PASSED AND ADOPTED this 7th day of May, 2018, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Roland Velasco, Mayor ATTEST: Shawna Freels, City Clerk 8.B.i Packet Pg. 292 Attachment: Attachment I TM 17-01 Resolution (1615 : Tentative Map Request TM 17-01) RESOLUTION 2018-XX 4838-3271-1776v1 JH\04706083 EXHIBIT A CONDITIONS OF APPROVAL TM 16-03 PLANNING DIVISION STANDARD CONDITIONS 1. The applicant will be required to mitigate for the removal of significant trees by obtaining a tree removal permit, which will require replacement of significant trees, in accordance with the City’s Consolidated Landscaping Policy. 2. The subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officers, and employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative body concerning this subdivision. City will promptly notify the subdivider of any claim, action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed pursuant to California Government Code Section 66474.9. 3. The Final Map shall substantially comply with the Tentative Map prepared by Ruggeri Jensen Azar, dated October 2017 and stamped approved, except as modified by the City Council's approval of this application and the conditions of approval. 4. The developer shall submit a copy of the Conditions, Covenants and Restrictions (CC&Rs) to the Planning Division concurrent with final map submittal. Homeowners’ Association documentation, Conditions, Covenants and Restrictions and/or property owner’s Maintenance Agreements shall be approved by the Planning Division prior to the map being released for recordation. 5. With the exception of lots that received an exemption from the application of the City's Residential Development Ordinance (RDO) (City Zoning Ordinance Sections 50.60 et seq.), 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 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 conn ection with such development pursuant to the RDO. PLANNING DIVISION SPECIAL CONDITIONS The following MITIGATION MEASURES, which are contained within the EIR and EIR addendum, prepared pursuant to the California Environmental Quality Act, and as modified based upon changes in applicable regulations, are included as conditions of approval. 6. Project proponents shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division (corresponds to EIR Mitigation Measure 3): 8.B.i Packet Pg. 293 Attachment: Attachment I TM 17-01 Resolution (1615 : Tentative Map Request TM 17-01) RESOLUTION 2018-XX 4838-3271-1776v1 JH\04706083 The following measures shall be implemented at all construction sites: • Water all active construction areas at least twice daily; • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; • Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; • Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. The following measures shall be implemented at all construction sites greater than four acres in area: • Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); • Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); • Limit traffic speeds on unpaved roads to 15 mph; • Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and • Replant vegetation in disturbed areas as quickly as possible. The following measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emission reductions: • Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; • Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas; • Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and • Limit the area subject to excavation, grading and other construction activity at any one time. 7. The applicant shall obtain a Santa Clara Valley Habitat Plan permit from the City of Gilroy, prior to issuance of a grading permit. The permit shall include all applicable project conditions (corresponds to EIR Mitigation Measure 4). 8. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential nesting habitat (i.e., riparian woodland and oak woodland), a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and/or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) 8.B.i Packet Pg. 294 Attachment: Attachment I TM 17-01 Resolution (1615 : Tentative Map Request TM 17-01) RESOLUTION 2018-XX 4838-3271-1776v1 JH\04706083 are found, clearing and construction within 200 feet of the tree, or as recommended by the qualified biologist, shall be halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, as determined by the qualified biologist. If construction activities are not scheduled between March 1 and August 1, no further shrike or tree surveys shall be required (corresponds to EIR Mitigation Measure 5). 9. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential roost habitat (i.e., riparian woodland and oak woodland), pre-construction surveys for bat roosts shall be performed by a qualified biologist. If bat roost sites are found, the biologist shall implement a program to remove/displace the bats prior to the removal of known roost sites. In addition, an alternate roost site shall be constructed in the vicinity of the known roost site. Specifications of the alternate roost shall be determined by a bat specialist (corresponds to EIR Mitigation Measure 6). 10. Prior to approval of each tentative map or use permit, project plans for future development on the project site shall be designed to avoid unnecessary filling or other disturbance of natural drainage courses and associated oak/riparian woodland vegetation to the greatest extent feasible, subject to review and approval of the City of Gilroy Planning Division. In the event that disturbance of site drainages and associated oak/riparian woodland vegetation cannot be avoided (i.e., Reservoir Canyon Creek Bridge construction, culverts, storm drain outfalls, etc.), authorization from the California Department of Fish and Game through Section 1600 et. seq. of the Fish and Game Code and/or the U.S. Army Corps of Engineers through Section 404 of the Clean Water Act and the Regional Water Quality Control Board through Section 401 of the Clean Water Act shall be obtained, if required, prior to issuance of building or grading permits for any activity that might encroach on the site’s drainages. Conditions imposed on these permits and/or authorizations may include but not be limited to the following (corresponds to EIR Mitigation Measure 8): • Construction work shall be initiated and completed during the summer and fall months when the drainages are dry, or at least have a very low flow. Typically, no construction work shall be allowed between October 15th and April 15th. • A Habitat Restoration Plan shall be prepared to identify the exact amount and location of affected and replacement habitat, to specify on-site revegetation with locally-obtained native species within the buffer areas to mitigate habitat loss, and to provide specifications for installation and maintenance of the replacement habitat. Any loss of riparian or wetland vegetation resulting from construction activities shall be mitigated on-site at a minimum 3:1 replacement ratio. 11. Any loss of oak and/or riparian woodland habitat resulting from development shall require the project proponent to retain a qualified biologist to prepare a Habitat Restoration Plan to identify the exact amount and location of affected and replacement habitat, specify an appropriate plant palette, and provide specifications for installation and maintenance of the replacement habitat. Replacement vegetation shall consist of locally-obtained native plant species. Any loss of riparian woodland vegetation shall be mitigated on-site at a minimum of 3:1 replacement ratio, unless 8.B.i Packet Pg. 295 Attachment: Attachment I TM 17-01 Resolution (1615 : Tentative Map Request TM 17-01) RESOLUTION 2018-XX 4838-3271-1776v1 JH\04706083 otherwise determined by the Department of Fish and Game and the City of Gilroy. Any loss of oak woodland vegetation shall require preservation of on-site oak woodland at a ratio of 3:1 and replanting on-site at a ratio of 1:1, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. The Habitat Restoration Plan shall be prepared prior to issuance of building or grading permits for any activity requiring removal of oak and/or riparian woodland habitat, subject to review and approval of the City of Gilroy Planning Division and California Department of Fish and Game (corresponds to EIR Mitigation Measure 9). 12. Prior to issuance of grading and/or building permits, subject to the review of the Gilroy Planning Division, the project applicant shall install siltation fencing, hay bales, or other suitable erosion control measures along portions of natural and manmade drainage channels in which construction will occur and within 20 feet of construction and/or staging areas in order to prevent sediment from filling the creek (corresponds to EIR Mitigation Measure 13). 13. Prior to issuance of building permits, the project proponent of any future development on the project site shall submit a Landscape Plan, for review and approval by the City of Gilroy Planning Division. Landscaping plans for areas adjacent to riparian habitat shall include appropriate guidelines to prevent contamination of drainages and their associated riparian habitat by pesticides, herbicides, fungicides, and fertilizers. Landscaping shall include appropriate native plants species and should not include plantings of non-native, invasive plant species (corresponds to EIR Mitigation Measure 14). 14. Prior to approval of a tentative map for each phase of the proposed project requiring removal or alteration to potential wetlands and/or waters of the U.S., a wetland delineation shall be prepared according to U.S. Army Corps of Engineers guidelines. The actual acreage of impacts to waters of the U.S. and wetlands shall be determined based on project plans for each development project and the wetland delineation for each development phase. The project proponent shall obtain all necessary permits and/or approvals from the U.S. Army Corps of Engineers and shall retain a restoration specialist to prepare a detailed wetland mitigation plan, if necessary, subject to review and approval by the U.S. Army Corps of Engineers and the City of Gilroy Planning Division. The plan shall include, but not be limited to, creation of wetlands on site to mitigate for unavoidable impacts to waters of the U.S. and wetlands resulting from development activities (corresponds to EIR Mitigation Measure 15). 15. A schematic lighting plan shall be submitted with each development proposal for review and approval by the Planning Division. Exterior lighting for any development proposed adjacent to open space areas shall be of low stature (i.e., 20 feet) and shall be of a full cutoff design or include opaque shields to reduce illumination of the surrounding landscape. Lighting shall be directed away from open space areas (corresponds to EIR Mitigation Measure 16). 16. Prior to approval of a tentative map for each phase of the proposed project containing or adjacent to preserved natural open space areas, a si gnage plan shall be prepared to outline the language, number and location of signs to dissuade people from straying off trails and to prohibit unleashed dogs in the open space areas, subject to approval by the City of Gilroy Planning Division (corresponds to EIR Mitigation Measure 17). 8.B.i Packet Pg. 296 Attachment: Attachment I TM 17-01 Resolution (1615 : Tentative Map Request TM 17-01) RESOLUTION 2018-XX 4838-3271-1776v1 JH\04706083 17. Prior to commencement of construction activities, the protected zone of any trees or groups of trees to be retained shall be fenced to prevent injury to the trees during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete (corresponds to EIR Mitigation Measure 19). 18. Project proponents shall submit a soils investigation prepared by a qualified soils engineer for future development on the project site. The recommendation of the soils investigation shall be incorporated into final building plans, subject to the review and approval by the Gilroy Engineering Division prior to approval of any building permits (corresponds to EIR Mitigation Measure 20). 19. The project applicant shall design all structures in accordance with the Uniform Building Code for seismic design. In addition, all recommendations in the geotechnical reports prepared for the project shall be implemented. Structural design is subject to the review and approval by the Gilroy BLES Division prior to the issuance of building permits (corresponds to EIR Mitigation Measure 21). 20. Each tentative map shall include a detention pond or ponds to collect storm water in the case of 2-, 10-, 25-, and 100-year peak storm events. Detention ponds shall be designed according to the recommendations presented in the Hydrologic Analysis (Schaaf & Wheeler 2005) and should include, but not be limited to the following (corresponds to EIR Mitigation Measure 23): a. The pond(s) should be located to collect the storm water runoff from the project site and discharge to the existing drainage corridors and/or the existing outfalls tributary to Uvas Creek. b. Any discharge from the pond(s) should release a maximum of storm water runoff for pre-project conditions (see tables 18 and 19 in the Draft EIR). c. The pond(s) should be sized a total of approximately 8.9 acre-feet to provide for appropriate storm water quantities and filter pollutants for the purpose of water quality. d. The pond(s) shall not replace any proposed preserved open space at the project site, that was assumed to provide flood control and water quality benefits modeled in the Hydrological Analysis (Schaaf & Wheeler 2003). 21. The project applicant for any proposed development on the project site, shall, for each phase of the development, submit a Notice of Intent (NOI) and detail ed engineering designs to the Central Coast RWQCB. The associated permit shall require development and implementation of a SWPPP that uses storm water “Best Management Practices” to control runoff, erosion and sedimentation from the site. The SWPPP must include Best Management Practices that address source reduction and, if necessary, shall include practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to approval of a building permit for each phase of the project (corresponds to EIR Mitigation Measure 24). 22. The project applicant shall submit plans for review by, and obtain an approved permit from the Santa Clara Valley Water District for any work that requires a permit from the water district (corresponds to EIR Mitigation Measure 25). 8.B.i Packet Pg. 297 Attachment: Attachment I TM 17-01 Resolution (1615 : Tentative Map Request TM 17-01) RESOLUTION 2018-XX 4838-3271-1776v1 JH\04706083 23. Future applicants in the Glen Loma Ranch specific plan area shall prepare a post - construction storm water management plan, subject to the review and approval of the Gilroy Engineering Division prior to the approval of final improvement plans, that shall include structural and non-structural best management practices (BMPs) for the reduction of pollutants in storm water to the maximum extent practicable (corresponds to EIR Mitigation Measure 26). 24. Prior to issuance of a grading permit for all areas within the Specific Plan area, the following measures shall be incorporated into the project plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division (corresponds to EIR Mitigation Measure 28): a. Construction shall be limited to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays; b. All internal combustion engine-driven equipment shall be equipped with mufflers that are in good condition and appropriate for the equipment; and c. Stationary noise-generating equipment shall be located as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. 25. Add an eastbound and a westbound left-turn lane on the Fitzgerald and Masten approaches to the Monterey Road/Masten Avenue intersection, and change the east - west signal phasing from split phasing to protected phasing (corresponds to EIR Mitigation Measure 30). This intersection is within the City of Gilroy’s Transportation Master Plan and therefore, impact fees are collected for improvements at this intersection. Therefore, implementation of this mitigation measure is the responsibility of the project proponent, prior to issuance of the first building permit. Payment of the Traffic Impact Fee shall satisfy this mitigation measure. 26. Prior to the first building occupancy in the third phase of the Glen Loma Ranch Specific Plan development, signalize the Santa Teresa Boulevard/Fitzgerald Avenue intersection and add eastbound and westbound left turn lanes (corresponds to EIR Mitigation Measure 34). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase II. Partial mitigation (installation of a signal) for this intersection has been completed. The remaining improvements shall be deferred until the first occupancy permit in Phase 3. 27. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on any permits issued for the project site, including, but not limited to building permits for future development, 8.B.i Packet Pg. 298 Attachment: Attachment I TM 17-01 Resolution (1615 : Tentative Map Request TM 17-01) RESOLUTION 2018-XX 4838-3271-1776v1 JH\04706083 subject to the review and approval of the Gilroy Planning Division (corresponds to EIR Mitigation Measure 45): If archaeological resources are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. 28. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division (corresponds to EIR Mitigation Measure 46): If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. 29. Residential fire sprinklers shall be installed in all residences within the specific plan area over 3,000 square feet, including single-family and multi-family town homes or apartments, and residential clusters with more than 25 units that lack secondary access. Residential fire sprinklers shall be installed prior to occupancy. Prior to approval of future development projects within the specific plan area, the City Fire Marshal may require that all residences have residential fire sprinkler systems, regardless of conditions stated above, especially if streets are narrow, buildings are closely spaced, emergency response time is not met, there is inadequate fire flow, building are adjacent to natural areas, or other conditions exist that could hinder the ability of the City of Gilroy Fire Department to perform fire suppression acts in such case they would be needed. The sprinklers shall be designed and installed in accordance with City of Gilroy Fire Department policies (corresponds to EIR Mitigation Measure 50). 8.B.i Packet Pg. 299 Attachment: Attachment I TM 17-01 Resolution (1615 : Tentative Map Request TM 17-01) RESOLUTION 2018-XX 4838-3271-1776v1 JH\04706083 30. Prior to final map approval for the BMR site, the developer shall reduce the height of the north boundary retaining wall to a maximum height of six (6) feet, in accordance with “Conceptual North Boundary Retaining Wall Exhibit” dated January 2018. 31. Prior to final map approval for the BMR site, the developer shall enter into a maintenance agreement to maintain the north boundary wall, subject to review and approval by the planning and engineering divisions. ENGINEERING DIVISION CONDITIONS 32. GENERAL – Proposed Development shall comply with all terms and conditions specified in the Development Agreement between City of Gilroy and Glen Loma Ranch, Doc 19158828. 33. GENERAL - All improvements shall be designed and constructed in accordance with the City of Gilroy Municipal Code and Standard Specifications and Details, and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all off-site storm drainage facilities, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy’s Public Works Director/City Engineer. 34. GENERAL - Until such time as the Improvements are accepted by City, Developer shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. 35. GENERAL - The applicant shall obtain all applicable permits from federal, state, and local agencies as required to construct the proposed improvements. A copy of these permits will be provided prior to building permits. 36. GENERAL - All existing utility poles on the property or property frontage shall be removed, and all utilities placed underground. No new poles are allowed. 37. GENERAL - All existing public utilities shall be protected in place and if necessary relocated as approved by the City Engineer. No permanent structure is permitted within City easements without the approval of the City of Gilroy. 38. GENERAL - Prior to any work within public right of way or City easement, the developer shall obtain an encroachment permit from the City. 39. GENERAL – Prior to building permit issuance, developer shall dedicate necessary easements for the project development, including but not limited to 16-foot Public Service easement along all the project frontages within existing and future public streets. The private streets shall be designated as a Public Utility Easement (PUE), Water Line Easement (WLE), and Emergency Vehicle Access Easement (EVAE). 40. GENERAL - The developer shall submit an AutoCAD drawing file of all consultants composite basemap linework showing all public improvements and utility layouts. 41. GENERAL - The approved construction schedule shall be shared with Gilroy Unified School District (GUSD) to avoid traffic impacts to surrounding school functions. An approved construction information handout(s) shall also be provided to GUSD to share with school parents. 42. FEE - The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Payment of Street Tree and Storm Development Impact Fees is required at first building permit issuance. Sewer, Water, 8.B.i Packet Pg. 300 Attachment: Attachment I TM 17-01 Resolution (1615 : Tentative Map Request TM 17-01) RESOLUTION 2018-XX 4838-3271-1776v1 JH\04706083 Traffic, and Public Facilities Development Impact Fees are due prior to building occupancy. Note that there will be a fee increase beginning 7/1/2018. 43. FEE - At improvement plan submittal, Developer shall submit an estimate of the probable cost of improvements and shall pay 40% of the plan check and inspection fees. 44. FEE - Prior to improvement plan approval, Developer shall pay the remaining 60% of the plan check and inspection fees and other related fees that the property is subject to, enter into a property improvement agreement, and provide payment and performance bonds. 45. GRADING & DRAINAGE - Prior to final map approval, the developer shall submit a grading plan and a drainage study prepared by a registered Civil Engineer. The drainage study shall analyze the existing and ultimate conditions and facilities, and the study shall include all off-site tributary areas. The study and the design shall be in compliance with the City’s Stormwater Management Guidance Manual (latest edition). Existing offsite drainage patterns, i.e., tributary areas, drainage amount and velocity shall not be altered by the development. The developer shall satisfy the conclusions and recommendations of the approved drainage study and storm water management plan. 46. GRADING & DRAINAGE - All grading activity shall address National Pollutant Discharge Elimination System (NPDES) requirements. If all or part of the construction occurs during the rainy season, the developer shall submit an Erosion Control Plan to the Public Works Director for review and approval. This plan shall incorporate erosion control devices and other techniques in accordance with Municipal Code § 27C to minimize erosion. The developer shall have a QSP on site as necessary to ensure implementation and maintenance of all ero sion control measures. Specific measures to control sediment runoff, construction pollution and other potential construction contamination sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on-site while the project is under construction. A Notice of Intent (NOI) shall be filed with the State Water Resources Control Board, with a copy provided to the Engineering Division before a grading permit will be issued. WDID# shall be provided prior to the commencement or work. 47. GRADING & DRAINAGE - All grading operations and soil compaction activities shall be per the approved project’s geotechnical report that was prepared for the design of the project and shall be subject to the approval of the Public Works Director. Site preparation and cut/fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy for each phase of construction, stating that all site preparation and cut/fill construction were performed in conformance with the requirements of the project’s geotechnical report. This shall be subject to review and approval by the Engineering Division. The developer shall add this condition to the general notes on the grading plan. 48. GRADING & DRAINAGE - Prior to building permit issuance, the applicant’s soils engineer shall review the final grading and drainage plans to ensure that designs for 8.B.i Packet Pg. 301 Attachment: Attachment I TM 17-01 Resolution (1615 : Tentative Map Request TM 17-01) RESOLUTION 2018-XX 4838-3271-1776v1 JH\04706083 foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. The applicant’s soils engineer’s approval shall then be conveyed to the City either by letter or by signing the plans. 49. TRANSPORTATION - Any work in the public right-of-way shall require a traffic control plan prepared by a licensed professional engineer with experience in preparing such plans. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right of way. 50. TRANSPORTATION - The Project shall comply with all the traffic mitigation measures identified in the project’s Traffic Study. 51. TRANSPORTATION - Developer shall submit final photometric plans prior to first building permit issuance. 52. TRANSPORTATION - Developer shall install all joint trench to have (4) dedicated 11/2” SCH 80 PVC conduit for City Fiber Optic need in a quad duct arrangement along public Collector and Arterial streets. Quad duct shall be per City STD EL-11. 53. TRANSPORTATION - Developer shall install all street light conduits as 2” SCH40 PVC per City Standard EL-1 and related pull boxes shall follow City Standard EL-14. 54. TRANSPORTATION - Final streetlight locations shall be to the satisfaction of the City Transportation Engineer and shall follow City standards. 55. TRANSPORTATION - Developer shall design driveway grades to keep a standard design vehicle from dragging or “bottoming out” on the street or driveway and to keep water collected in the street from flowing onto the lots. The details of such design shall be provided at improvement plan phase and shall be to the satisfaction of the City Transportation Engineer. 56. FINAL MAP - The Final Tract Map shall be presented to the City Council for review and action. The City Council meeting will be scheduled approximately fifty (50) days after the Final Map is deemed technically correct, and Subdivision Improvement Plans with supporting documents, reports and agreements are approved by th e City. Executed Final Map shall be returned to the City Public Works Department if Final Map has not been filed in the County Recorder’s Office within ninety (90) days from the date of City Council’s approval. 57. MILLER AVE – Upon completion of new Miller Ave and/or W. 10th Street the City shall vacate the corresponding portions of existing Miller Avenue and all the related easements. Such construction and vacation may be completed in phases. Prior to tract acceptance, the developer will be responsible for the removal of all existing utilities within the portion of existing Miller Ave to be vacated, such removal may be completed in phases. 58. PUBLIC IMPROVEMENTS - Prior to building permit issuance for a phase of development within this tentative map, the developer shall obtain improvement plan approval and bond for the portion of public improvements shown on this tentative map that are necessary to serve the phase being developed. 59. PUBLIC IMPROVEMENTS – Prior to building permit issuance, developer shall execute a public improvement agreement and post Payment and Performance bonds each for 100% of cost for improvement with the City that shall secure the 8.B.i Packet Pg. 302 Attachment: Attachment I TM 17-01 Resolution (1615 : Tentative Map Request TM 17-01) RESOLUTION 2018-XX 4838-3271-1776v1 JH\04706083 construction of the public improvements. Insurance shall be provided per the terms of the agreement. 60. PUBLIC IMPROVEMENTS - The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 61. PUBLIC IMPROVEMENTS – The developer shall slurry all new public streets prior to project acceptance. A slurry may not be necessary with approval of the City Engineer, if after a final inspection the condition of the street is free of any surface defects. 62. WATER QUALITY – Proposed development shall comply with state mandated regional permits for both pre-construction and post-construction stormwater quality requirements per chapter 27D of the Gilroy Municipal Code, and is subject to, but not limited to, the following: a. At grading permit phase, submit a final design Stormwater Management Plan and final signed Performance Requirement Certifications specified in the City of Gilroy Stormwater Management Guidance Manual (latest edition). b. At improvement plan phase, confirm that the bioretention basin locations shown on the Stormwater Control Plan match with the locations shown on the Landscape Plans. c. Prior to building permit issuance, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. i. The City shall record this agreement against the property or properties involved and it shall be binding on all subsequent owners of land served by the stormwater management treatment BMPs. The City-standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. iv. All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s) or other legal entity approved by the City. v. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans. vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan. 8.B.i Packet Pg. 303 Attachment: Attachment I TM 17-01 Resolution (1615 : Tentative Map Request TM 17-01) RESOLUTION 2018-XX 4838-3271-1776v1 JH\04706083 d. Stormwater BMP Inspections will be required for this project and shall adhere to the following: i. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. ii. Unless otherwise required by the City Engineer or designee, stormwater facility inspections shall be done at least twice per year, once in Fall, in preparation for the wet season, and once in Winter. Written records shall be kept of all inspections and shall include, at minimum, the following information: 1. Site address; 2. Date and time of inspection; 3. Name of the person conducting the inspection; 4. List of stormwater facilities inspected; 5. Condition of each stormwater facility inspected; 6. Description of any needed maintenance or repairs; and 7. As applicable, the need for site re-inspection. e. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1st for the Fall report, and no later than March 15th of the following year for the Winter report. f. Before commencing any grading or construction activities, the developer shall obtain a National Pollutant Discharge Elimination System (NPDES) permit and provide evidence of filing of a Notice of Intent (NOI) with the State Water Resources Control Board. 63. WATER QUALITY - The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and implement such measures. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations or a project stop order. 64. UTILITIES - All service to the development shall be an "underground service" designed and installed in accordance with the Pacific Gas and Electric Company, AT&T (phone) Company and local cable company regulations. Transformers and switch gear cabinets shall be placed underground unless otherwise approved by the Planning Director and the City Engineer. Underground utility plans must be submitted prior to installation. 65. UTILITIES - Improvement plans are required for all on-site and off-site improvements. The following items will need to be completed prior to first building permit submittal: a. The Developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground). 8.B.i Packet Pg. 304 Attachment: Attachment I TM 17-01 Resolution (1615 : Tentative Map Request TM 17-01) RESOLUTION 2018-XX 4838-3271-1776v1 JH\04706083 b. The Developer shall negotiate right-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. c. Will Serve Letter” from each utility company for the subdivision shall be supplied to the City. 66. UTILITIES - A note shall be placed on the joint trench composite plans which states that the plan agrees with City Codes and Standards and that no underground utility conflict exists. The Joint consultant shall provide the City a separate “project utility composite plan” showing all Civil, Landscape, electrical, and joint trench information to confirm that there are no conflicts with joint trench plan utilities. 67. UTILITIES - Storm and sewer lines in private areas shall be privately owned and maintained by the HOA, unless approved by the Public Works Director. 68. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: i. A professional engineer- original electrical plan. ii. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City codes and Standards, and to the approved subdivision improvement plans. 69. UTILITIES - Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. 70. UTILTIES - The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director. 71. UTILTIES - All mainline storm drain piping shall have a minimum diameter of 18 inches and the lateral connections shall have a minimum diameter of 15 inches. 72. UTILTIES - The Developer/Applicant shall obtain a SCVWD permit for any new recycled water mains connected to the existing Gilroy Water Reclamation Facility system. 73. UTILTIES – All recycled water system improvements, including appurtenances, shall be located within a PSE. 74. WATER CONSERVATION - The project shall fully comply with the measures required by the City’s Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments to meet the requirements imposed by the State of California’s Water Board. This ordinance established permanent voluntary water saving measures and temporary conservation standards. 75. WATER - All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. 76. WATER CONSERVATION - Recycled water shall be used for construction water, where available, as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District’s municipal industrial rate. 77. WATER - 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. 78. WATER - The Developer shall perform field verification testing of the water system and will modify any part of the systems that does not perform to the standards established by the City. 8.B.i Packet Pg. 305 Attachment: Attachment I TM 17-01 Resolution (1615 : Tentative Map Request TM 17-01) RESOLUTION 2018-XX 4838-3271-1776v1 JH\04706083 79. CONSTRUCTION BMP - It is the responsibility of the contractor to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris shall not be washed into the City’s storm drains. 80. CONSTRUCTION BMP - Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Public Works Director, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Public Works Director. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 81. GENERAL CONSTRUCTION - If the project has excess fill or cut that will be off- hauled to a site or on-hauled from a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading and Drainage Plan. 82. GENERAL CONSTRUCTION - The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The subdivider shall require the soils engineer to daily submit all testing and sampling and reports to the City Engineer. 83. GENERAL CONSTRUCTION – Prior to Final Map approval, the Developer/Applicant shall submit a proposed construction phasing and schedule for approval by the City Engineer. Schedule format shall be Microsoft Prospect, and shall identify the scheduled critical path for the installation of improvements. The schedule shall be updated weekly. 84. GENERAL CONSTRUCTION - At least one week prior to commencement of work, the Developer shall post at the site and mail to the Engineering Division and to owners of property within (300') three hundred feet of the exterior boundary of the project site a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 8.B.i Packet Pg. 306 Attachment: Attachment I TM 17-01 Resolution (1615 : Tentative Map Request TM 17-01) RESOLUTION 2018-XX 4838-3271-1776v1 JH\04706083 85. GENERAL CONSTRUCTION - Prior to final inspections, all pertinent conditions of approval and all improvements shall be completed to the satisfaction of the Planning Director and City Engineer. 86. GENERAL CONSTRUCTION - All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 87. GENERAL CONSTRUCTION - All public improvements, including the complete installation of all improvements relative to streets, fencing, sanitary sewer, storm drainage, water system, underground utilities, etc., shall be completed and attested to by the City Engineer before approval of occupancy of any unit. Where facilities of other agencies are involved, such installation shall be verified as having been completed and accepted by those agencies. 88. GENERAL CONSTRUCTION - Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. for general construction activity. No work shall be done on Sundays and City Holidays. The Public Works Director may apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arte rial roadways and along school commute routes. 89. GENERAL CONSTRUCTION - The City shall be notified at least two (2) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24-hour emergency telephone number list. 90. CONSTRUCTION PARKING - No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Public Works Director (§ 15.40.070). 91. MONUMENTS – All monuments shall be set per the recorded final map. A certificate letter by the Surveyor or Engineer will be provided to the City Engineer. 92. ACCEPTANCE - Certification of grades and compaction is required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan. 93. ACCEPTANCE - Until such time as all improvements required are fully completed and accepted by City, Developer will be responsible for the care maintenance of and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Developer. FIRE DEPARTMENT CONDITIONS The following conditions shall be shown or included on off-site improvement plans as "Fire Department Notes." Prior to street completion, the Fire Marshal shall be contacted and a fire clearance for off-site improvements shall be scheduled. No building permits will be issued without a Fire—Off-Site Improvement Inspection and Fire Flow Test administered by the Fire Marshal. 8.B.i Packet Pg. 307 Attachment: Attachment I TM 17-01 Resolution (1615 : Tentative Map Request TM 17-01) RESOLUTION 2018-XX 4838-3271-1776v1 JH\04706083 94. The applicant shall maintain Fire Department access during all phases of the project. 95. The applicant shall maintain a minimum clear width for fire department access roads of 20 feet (6,096 mm). 96. When parking is permitted on streets, in both residential/commercial applications, it shall conform to the following: a. Parking is permitted on both sides of the street with street widths of 36 feet or more. b. Parking is permitted on one side of the street with street widths of 28 to 35 feet. c. No parking is permitted when street widths are less than 28 feet. 97. The applicant shall maintain access to fire hydrants during all phases of the project. 98. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure. 99. Street Hydrants shall be spaced every 300 ft, and within 150 ft of any building. 100. Offsite improvement plans shall provide Fire Hydrants per the City Standard. 101. Hydrants or other water source shall be installed prior to commencement of construction with combustible materials. 102. Fire Department access shall be phased in accordance with an approved construction phasing plan. 8.B.i Packet Pg. 308 Attachment: Attachment I TM 17-01 Resolution (1615 : Tentative Map Request TM 17-01) 8.B.j Packet Pg. 309 Attachment: Public Comments (1615 : Tentative Map Request TM 17-01) City of Gilroy STAFF REPORT Agenda Item Title: Introduction of an Ordinance of the City Council of the City of Gilroy Amending Gilroy City Code Chapter 10A, Section 10A.14 (Penalties) Pertaining to Fireworks Violation Penalties, and Adoption of a Resolution Setting Forth the Administrative Penalty Schedule for Certain Violations of the Gilroy City Code Meeting Date: May 7, 2018 From: Gabriel Gonzalez, City Administrator Department: Police Department Submitted By: Scot Smithee Prepared By: Scot Smithee Joseph Deras 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) Introduction of an Ordinance of the City Council of the City of Gilroy Amending Gilroy City Code Chapter 10A, section 10A.14 (Penalties) pertaining to fireworks violation penalties, and c) Adoption of a Resolution of the City Council of the City of Gilroy setting forth the administrative penalty schedule and late payment charges for certain violations of the Gilroy City Code EXECUTIVE SUMMARY: The Gilroy Police Department receives a large volume of calls for service around the 4 th of July holiday regarding the unlawful use of fireworks. An enforcement plan is 9.A Packet Pg. 310 developed each year and additional officers are deployed for fireworks enforcement. New enforcement strategies were approved by the City Council on April 16, 2018 which included increasing the maximum penalty for the use of illegal fireworks from $500 to $1,000. This amendment to the City Code and the approval of the attached reso lution increases fines for both criminal and administrative citations involving illegal fireworks. BACKGROUND: On July 5, 2006 the City Council adopted Resolution Number 2006-48 which established a fee schedule for violations of the City Code. The current fine schedule has been outlined in Resolution 2006-48 as $250.00 for the first violation; $500.00 for the second violation; and $750.00 for each additional violation. Approval of the amendment to the City Code deals with criminal violations relative to the use of illegal and/or dangerous fireworks while approval of the Resolution increases the maximum penalties for administrative violations relative to the use of illegal and/or dangerous fireworks. On April 16, 2018 the City Council approved the Police Department’s strategies outlined in the staff report regarding illegal fireworks. One strategy was to increase the maximum fine amounts for use of illegal fireworks from $500 to $1,000. These new fine amounts will be publicized leading up to the 4th of July holiday as a component of dissuading those who may otherwise consider using illegal fireworks. ALTERNATIVES: 1. Amend the Gilroy City Code Chapter 10A, section 10A.14 pertaining to illegal fireworks violation penalties to increase the maximum fines to $1,000 (Staff Recommends) 2. Adopt a resolution which will repeal and replace Resolution 2006 -48 in its entirety setting forth the administrative penalty schedule and late payment charges for certain violations of the Gilroy City Code This amends the maximum fine from $750 to $1,000 per violation. (Staff Recommends) 3. Maintain the current fine schedule for City Code violations and administrative penalties. (Staff does not recommend) FISCAL IMPACT: No negative impact to the General Fund. There is potential for increased revenue from administrative citations for illegal fireworks. NEXT STEPS: 9.A Packet Pg. 311 The Police Department will coordinate with the Gilroy Fire Marshal when preparing the annual fireworks informational fliers and advertising. This will include information about the fine schedule and our planned enforcement strategies. Additionally we will provide this information using our social media platforms and the local government channel leading up to the 4th of July holiday. Attachments: 1. Ordinance Amending Chapter 10A 2. RESOLUTION FOR FIREWORKS 9.A Packet Pg. 312 ORDINANCE NO. 2018-XX 1 4822-7225-8659v1 CCHU\04706083 ORDINANCE NO. 2018-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER 10A OF THE GILROY CITY CODE ENTITLED “FIREWORKS” REGULATING THE SALE, USE, AND STORAGE OF SAFE AND SANE FIREWORKS WHEREAS, pursuant to California Constitution article XI, section 7, and the City Charter, section 600, the City of Gilroy (“City”) has the authority to enact ordinances which promote the public health, safety and general welfare of its residents; and WHEREAS, Chapter 10A of the Gilroy City Code regulates the local retail sale, use, and storage of “Safe and Sane Fireworks” as defined in section 12529 of the California Health and Safety Code; and WHEREAS, each year the City Fire and Police Departments receives a large volume of citizen complaint calls concerning the illegal use of Safe and Sane Fireworks and “Dangerous Fireworks,” as defined in Section 12505 of the California Health and Safety Code, in the period surrounding the 4th of July; and WHEREAS, the City Council has found and determined that the modification to Gilroy City Code, Chapter 10A, Section 10A.14, pertaining to criminal fines for violating this chapter is necessary to deter the use of illegal fireworks and to protect the health, safety and welfare of the residents of the City; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Gilroy City Code, Chapter 10A, FIREWORKS, Section 10A.14, entitled “Penalties” is hereby amended to read as follows: “Persons violating this chapter shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine not to exceed one thousand dollars ($1000.00), or by imprisonment in the city or county jail for a period not exceeding thirty (30) days, or both such fine and imprisonment.” 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 of the City of Gilroy hereby declares that it would have passed and adopted this Ordinance and each section, subsection, subdivision, sentence, clause or phrase 9.A.a Packet Pg. 313 Attachment: Ordinance Amending Chapter 10A [Revision 2] (1670 : Amendment to Increase Illegal Fireworks Penalities) ORDINANCE NO. 2018-XX 2 4822-7225-8659v1 CCHU\04706083 thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION III Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force and effect thirty (30) days from and after the date it is adopted. PASSED AND ADOPTED this ____day of May, 2018, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: __________________________ Roland Velasco, Mayor ATTEST: ______________________________ Shawna Freels, City Clerk 9.A.a Packet Pg. 314 Attachment: Ordinance Amending Chapter 10A [Revision 2] (1670 : Amendment to Increase Illegal Fireworks Penalities) RESOLUTION NO. 2018-XX RESOLUTION NO. 2018-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING AND SETTING FORTH THE ADMINISTRATIVE PENALTY SCHEDULE AND LATE PAYMENT CHARGES FOR CERTAIN VIOLATIONS OF THE GILROY CITY CODE WHEREAS, the City of Gilroy City Council Adopted Ordinance 2004-09, now set forth in Chapter 6A of the Gilroy City Code ("City Code"), which established the administrative citation and administrative remedies processes for enforcing provisions of the City Code; and WHEREAS, the City of Gilroy City Council Adopted Ordinance 2006-14, now set forth as Gilroy City Code Chapter 10A entitled “Fireworks” and amending Section 10A.11 entitled “Prohibitions on discharge” by adding a new section 10A.11, subsection " (f) It shall be unlawful for any person to possess or to ignite, explode, project, or otherwise fire or use, or permit the ignition, explosion or ignition of “dangerous fireworks,” as defined in California Health and Safety Code section 12505, on or at their premises at any time in the City of Gilroy.”; and WHEREAS, the California Government Code Section 36901 states that a city legislative body may impose fines, penalties, and forfeitures for violations of ordinances. It may fix the penalty by fine or imprisonment, or both. A fine shall not exceed one thousand dollars ($1,000). Imprisonment shall not exceed six months; and WHEREAS, the City of Gilroy City Council believes that penalties for the use of dangerous fireworks should be set at a level higher fine amount than other types of administrative penalties due to the distinct threat to the public health, safety and welfare by those persons found using fireworks illegally in the City of Gilroy. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY AS FOLLOWS: Section 1. This Resolution hereby repeals and replaces Resolution 2006-48 in its entirety. Section 2. The administrative penalties for violations of City Code Section 10A.11 shall be (1) five hundred dollars ($500.00) for the first violation; seven hundred fifty dollars 9.A.b Packet Pg. 315 Attachment: RESOLUTION FOR FIREWORKS (1670 : Amendment to Increase Illegal Fireworks Penalities) RESOLUTION NO. 2018-XX ($750.00) for the second violation; and a maximum of one thousand dollars ($1000.00) for each additional violation. Section 3. The administrative penalties for all violations of the City Code that do not involve violations of local building and safety codes shall be (1) one hundred dollars ($100) for a first violation; (2) two hundred dollars ($200) for a second violation within one year; and (3) five hundred dollars ($500) for each additional violation within one year. Section 4. The administrative penalties for all violations of the City Code that involve violations of local building and safety codes shall be (1) one hundred dollars ($100) for a first violation; (2) two hundred dollars ($200) for a second violation within one year; and (3) one thousand dollars ($1000) for each additional violation within one year. Section 5. Any penalty amount imposed pursuant to Chapter 6A will be deemed delinquent if it is not paid in accordance with Section 6A.15 (Payment of Penalty) and/or Section 6A.32 (Administrative Penalties). Any person who fails to pay to the City all or part of the amount of any penalty imposed on or before the date that the penalty amount is due will become liable for the payment of an additional delinquency payment. The delinquency p enalty will be equal to ten percent (10%) of the amount of the amount of the penalty remaining unpaid to the City per month. Section 6. If any section, subsection, subdivision, sentence, clause or phrase of this Resolution 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 Resolution. The City Council hereby declares that it would have passed this Resolution 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 7. Effective Date. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of May, 2018, by the following vote: 9.A.b Packet Pg. 316 Attachment: RESOLUTION FOR FIREWORKS (1670 : Amendment to Increase Illegal Fireworks Penalities) RESOLUTION NO. 2018-XX AYES: COUNCIL MEMEBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: APPROVED: __________________________________________ Roland Velasco, Mayor ATTEST: _______________________________ Shawna Freels, City Clerk 9.A.b Packet Pg. 317 Attachment: RESOLUTION FOR FIREWORKS (1670 : Amendment to Increase Illegal Fireworks Penalities) City of Gilroy STAFF REPORT Agenda Item Title: Discussion to Commission a Community Poll to Evaluate the Potential of a Revenue Ballot Measure for the City of Gilroy Meeting Date: May 7, 2018 From: Gabriel Gonzalez, City Administrator Department: Administration Submitted By: Gabriel Gonzalez Prepared By: Gabriel Gonzalez Bryce Atkins Strategic Plan Goals Financially Sustainable and High Performing ☐ Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Council discussion and direction to either: a) Direct staff to solicit proposals from firms to conduct polling to measure community support for a potential revenue ballot measure and delegate authority to the City Administrator to select the most qualified firm; or, b) Direct staff to cease all activities related to revenue measures options. EXECUTIVE SUMMARY At the April 17th special Council Meeting study session, staff presented an update on potential revenue generating ballot measures as a potential means to fund services to meet the increasing service demand of the community. The direction of Council at the conclusion of the study session was to bring back to Council on the May 5 th Agenda an item to make a determination if the City should pursue securing a firm to conduct polling of the community to determine the likelihood of support for a revenue ballot measure, or to cease consideration of a potential ballot measure at this time. 9.B Packet Pg. 318 Council has had several discussions at multiple meetings discussing this potential and the need for additional resources to address the growing service demand and potential future fiscal cliff, including the goal of having such discussion as part of the City’s Strategic Plan discussion at the February 10th and 16th Strategic Planning study sessions in 2018. As discussed, polling is a common practice in determining if a taxing authority should pursue a tax measure. Staff is requesting action to determine if the City should pursue hiring a polling firm to survey residents to determine the potential of a revenue ballot measure. The desire to pursue such a measure is that there are current needs, particularly in public safety, that require additional funding to provide services at levels closer to the public demand for those services. The City currently provides predominately basic levels of service, including in public safety, as discussed below in this report. Revenue from such a measure may be general, as presented in the April 17th study session, or specific to a purpose, such as public safety. Polling will aid in determining which would be better supported, should the City decide to pursue a revenue ballot measure. BACKGROUND Since March of 2017, the City Council has held a series of five discussions at various meetings to discuss the challenges presented by the limitations of the City’s operational capacity, the significant unfunded liabilities that the City faces, and a discussion about the potential revenue resources that might be available to the City. In summary, the City is faced with increasing fiscal demands. The City already has an approximately $11 million annual additional need to address the unfunded liabilities that the City has. Compounded on top of that is a series of increasing PERS costs over the next several years. Additional service demand upon the City will require additional staffing to provide the operational capacity to deliver services in a manner consistent with the increasing demand. As presented and discussed in a few of the meetings, the City is not experiencing an expenditure problem, but rather a revenue problem. This was made evident in the increase since the recession in population, calls for service, and other service demand indicators, at a time when staffing decreased by 33 positions. All of these require additional revenue to fund both the operational capacity expansion needs, as well as address the unfunded liabilities that are increasing. In several of the past study sessions and agenda items, the Council and staff have been discussi ng the potential of a ballot measure to increase taxes to help meet the financial needs of the City. Staff presented to Council at the Council study session on April 17th, 2018 the various revenue options for direction regarding potentially pursuing a ballot measure. Discussion pertained on the revenue options, the number of other revenue measures 9.B Packet Pg. 319 and competing measures being pursued by other agencies, and the details of polling the community. Council directed staff to return to the May 7th 2018 Regular Council meeting with an item for Council to consider pursuing one or some of the revenue options, and to determine if polling is the appropriate next step. ANALYSIS Polling A commonly undertaken step in pursuing a ballot measure is to conduct scientific polling of the community. This can take any shape, but often involves surveying registered or likely voters in the community, to assess the likelihood of approval of a particular ballot measure. During the Measure F attempt of the City, the City utilized the Lew Edwards Group to conduct its polling. The total contract amount for polling and outreach assistance in 2013 was $36,500. For purposes of estimating costs, assuming only CPI increases, the amount would be approximately $40,000 - $60,000 for the same exact polling. The length of timing for conducting the polling was approximately three months with Measure F. Should Council decide to pursue polling of the community about a potential revenue measure, staff will secure quotes from consultants to conduct the surveys, as well as descriptions of their methodologies. As part of the quote gathering, staff will ask for the consultants to include in their proposals their process for selecting questions, and the opportunity for Council to provide feedback and changes to the list of questions the surveyors will be asking. Staff would bring back the polling results to City Council. At which time, based on the poll results, Council may consider proceeding with placing a ballot measure for public safety special revenue measure on the next general election, November 2018. Current Need: Public Safety Police The Police Department is one of the three departments with the largest number of position reductions. In 2008, the Department had 106 positions. Today, they are at 101 full-time staff members. This is a loss of 5 positions, which is roughly 5% below t he 2008 level. Below is Figure 1, a chart showing the change in positions over time. Figure 1: Police Historical Full-Time Staffing 9.B Packet Pg. 320 106 96 89 89 89 89 93 95 100 101 75 80 85 90 95 100 105 110 115 120 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017Number of Police PositionsFiscal Year Additionally, the Police Department has had a series of staffing analyses conducted. It has revealed that they need an additional 14 positions: 1. 4 more Dispatchers 2. 1 Detective 3. 1 Office Assistant assigned to the Records Unit 4. 1 Records Supervisor 5. 1 Traffic Officer 6. 1 Patrol Commander 7. 5 sworn Patrol Officers The staffing studies were developed by consultants that analyzed available data and determined that these positions are needed to meet current demands of service at the time the studies were conducted. The Police Department has further identified other needs that were not included in the recent staffing studies. These include reclassifying a Captain to a Lieutenant and reclassifying an Office Assistant to an Analyst position. These will require additional funding resources. As the City grows, calls for service historically increase resulting in a corresponding need for additional staff. The goal is to maintain an appropriate proportion of community generated calls for service to self -initiated activity for officers. Other units within the Department are also affected proportionately as patrol work load increases. 9.B Packet Pg. 321 Technology and other needs and enhancements needed by the Police Department are extensive. Below are just a few of the needs (for a complete listing, please see the April 10, 2017 operational capacity staff report). Records Management System Upgrade/Replacement Issue Smart Phone and Tablet Technology to Field Staff – Increase work efficiency / reduce percentage of time spend on calls for service thus reducing need for additional future positions. Multiple large software platforms Reinstitute a Crime Prevention Unit Reinstitute the Patrol Community Service Officer (CSO) Program Workload is anticipated to increase as the City’s population increases. This is further exacerbated by the changes in criminal law since 2011. The passage of AB 109 in 2011, Proposition 47 in 2014 and Proposition 57 in 2016 have impacted California cities’ crime rates. As such, below is Figure 2 which is a table of select Gilroy Police Department statistics over the past 10 calendar years. However, the data is split into two separate analyses, comparing 2007 to 2010, the year before criminal law changes were approved, and then comparing 2011 against 2017, the last calendar year in which complete data is available. The crime data is presented side-by-side so the differences between the comparisons are easier to see. Figure 2: Gilroy Police Department Select Statistics 2007 2010 Change 2011 2017 Change Calls for Service Dispatched 42,310 39,465 -6.7%43,303 39,787 -8.1% Police Reports 8,154 6,420 -21.3%5,913 7,205 21.9% Field Interviews (FI's)5,718 6,682 16.9%8,444 3,157 -62.6% Arrests (Adult Only)2,438 2,474 1.5%2,312 2,512 8.7% Arrests (Juvenile Only)342 490 43.3%461 237 -48.6% Part I Crime 2,622 1,784 -32.0%1,597 2,237 40.1% Part II Crime 2,296 1,801 -21.6%1,641 2,045 24.6% Pre-Criminal Law Changes Post-Criminal Law Changes In the pre-criminal law changes section, calls for service dispatched, police reports, Uniform Crime Reporting (UCR) Part 1 and Part 2 Crimes declined. Arrests were only slightly higher for adults, while juvenile arrests and field interviews saw a larger increase. However, 2011 compared to 2017 shows a decrease in calls for service dispatched, field interviews, and juvenile arrests. Every other category shows an increase between 8.7% and 40.1%, with the largest increase being Part 1 Crimes. It is worth noting that the number of adult arrests fell between 2016 and 2017 by 20.8% (decreased by 660 from 3,172 in 2016). 9.B Packet Pg. 322 Fire The City’s Fire Department is also one of the three departments with the largest losses in staffing. Today the Department currently has 40 full-time staff, while in 2008 there were 48 staff members. This represents an un-replenished 8 positions, or 17% decline in the Department’s workforce. Figure 3 below shows the history in staffing levels for the Department since 2008. Figure 3: Fire Historical Full-Time Staffing 48 46 38 38 44 41 43 43 40 40 35 37 39 41 43 45 47 49 51 53 55 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017Number of Fire PositionsFiscal Year The Department has not had a staffing study such as the Police Department, but has stated in their assessment responses that there is interest in having one conducted for them. The Fire Department has identified some current challenges and needs in the near future. These include: 12 Firefighters will need to be hired to staff the developer-built Glen Loma Fire Station and provide relief personnel for authorized leaves. The total cost for all 12 is currently estimated to be $2,000,000. A Needs Assessment was completed for the Chestnut and Las Animas Fire Stations. These fire stations were built in the 1970s and while they met the codes in place at the time, they would not meet “essential facility” parameters now. In addition to deficiencies in code requirement s, they are lacking in operational spaces and in personal privacy. One option would include upgrading for current codes only ($4,000,000.) This wouldn’t address operational spaces or privacy. The second option is rebuilding both facilities to meet current and future needs ($16,000,000). 9.B Packet Pg. 323 Replacement for the Fire fleet was pushed out into future years during the economic downturn. Call volume has continued to escalate and we are pushing our fleet to its limits. More frequent and more costly breakdowns are the result of postponing the replacement of these vehicles. (Recently, Engine 49 had its transmission replaced at a cost of $15,000 and Engine 48 needed a $3,000 turbo replacement. Additionally T47 has been out of service for many weeks already this year for a hydraulic control issue and an elusive electrical short.) The ages of the Fire Department’s front line apparatus are: E49 – 13 years old; E48 – 16 years old; E47 – 1 year old; and T47 – 12 years old. The desired replacement timeline is for an engine to be on the front line for 15 years and in reserve status for 5 years. A fully equipped fire engine runs about $800,000 and a fully equipped ladder truck is about $1,100,000. The 440 Impact Fund has a $700,000 placeholder for a new engine and $100,000 for personal protective equipment for the new firefighters who will staff the Glen Loma station. Gilroy Fire does not have a tower where it can practice their craft. This will become more critical as the City grows vertically under the horizontal growth restrictions of Measure H. Similar to the Police Department, workload increases as the City’s population grows. Further consideration is an anticipated turnover rate between 20-25% projected within the next 5 years. The Fire Department’s historical calls for service per year are provided below in Figure 4. As can be seen, calls for service have an increasing trend over the past 10 years. From calendar year 2007 to 2017, calls for service increased by 55.5% at a time when staffing for the Department decreased by approximately 17% as discussed above. Figure 4: Total Fire Dept. Calls for Service 9.B Packet Pg. 324 3480 3431 3254 3533 3933 4099 4514 4755 5215 5137 5412 3000 3500 4000 4500 5000 5500 6000 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017Total Fire Calls for ServiceCalendar Year Service Assessment As part of the budget process, Council held a study session regarding an assessment of service levels of the City’s departments. This included listing what services are provided, and identifying the type of service demand, and at what level the service is provided. In responding to this, departments were asked to state what type and at what level that each service is provided. Below are the categories used. Types of Services o Mandated: a federal, state or county law or compliance requirement over which the City has no discretion to avoid or defer. o Core: a fundamental aspect of the department’s purpose. It is what we do as a City, vital but not mandated. o Discretionary: the service is done by the City for the public good, and is usually Council and/or community driven Levels of Services o Basic Service Levels: are those required to open the doors of City Hall and operate on a daily basis. o Enhanced Service Levels: are those programs/amenities that the Department has funded based on community input and values. While important to Council and residents, enhanced services are those above and beyond basic levels and are not required 9.B Packet Pg. 325 o Optimum Service Levels: are those programs/amenities that the Department and community would like to have but for which funding may not available. Each department reported their own index of the services that are provided, and the level in which they are provided. Some departments listed services at a high level, and others at a more detailed lower level. Overall, these are the results citywide , provided in Figures 5 and 6, below: Figure 5: Services by Level and Type Services Basic Enhanced Optimum Total Mandated 64 16 0 80 Core 70 25 0 95 Discreationary 8 16 12 36 Total 142 57 12 211 Overall, there were 211 services identified. Below is a table identifying the percentages of services within each category: Figure 6: Percentage of Services Distribution Services Basic Enhanced Optimum Total Mandated 30%8%0%38% Core 33%12%0%45% Discreationary 4%8%6%17% Total 67%27%6%100% As can be seen by the two above figures, two -thirds of the City’s services are provided at basic levels, with the remainder primarily at enhanced levels. Of these, core services are the most predominate, though closely followed by mandated services. The smallest amount are discretionary services at a basic level. There are no mandated or core services provided at optimum levels. The services provided are tending towards basic services, which tend to have lower costs than providing at enhanced or optimum levels of service. Additionally, the City is not providing many discretionary services relative to all of the services provided, which means the City’s current revenues are being expended on services that are either legally required, or directed by Council as demanded by the public. Reduction and Reallocation of Funding At the April 17 study session, during Council discussion the issue of potentially addressing the funding gap through making cuts to the City’s expenditures was discussed. This is a possible option that some cities undertake to increase critical staffing, and is completed by making cuts in other departments to move resources to 9.B Packet Pg. 326 support the critical staffing. In the circumstances that Gilroy operates in currently, this is not recommended. As discussed during the previous presentations and staff reports to Council, every department is operating with reduced staffing, as well as having maintained lean operating budgets. This means there are not a lot of options for cutting that would not result in either cutting core services to residents, or cutting staff. The options of reducing personnel and non-personnel expenses are discussed below. Reduction of Non-Personnel Expenditures Most of the services the City offers are mandated or core services that are priorities of the City Council’s strategic vision. Cutting supplies, including perishable office supplies as well as small and large equipment, would necessitate in most cases reduction and likely elimination of service programs to residents to generate sufficient savings for personnel costs. Personnel costs are the largest cost item in providing services. In order to fund a position, there would have to be very large eliminations in the purchase of goods and services. As such, reducing non-personnel costs to pay for additional personnel would cause more damage to overall operational capacity than the benefit received with the added position. The work of any position requires some non-personnel expenses for resources to conduct their work. Without resources, no services could be rendered. Reduction in Other Personnel Any reduction to provide staffing for public safety, let alone any other department’s staffing, would likely have to come from elimination of other staff positions. However, there is both an opportunity cost, and diminishing return when it comes to funding public safety positions through staffing reductions. At each tier of the City’s hierarchy, public safety positions cost more to recruit and maintain than any other department of the City. Base pay, perishable skills training, equipment, on the job injuries and legal costs are higher for public safety positions than other positions at the same relative tier of the City’s hierarchy. Any such reduction would need to have a detailed financial analysis of the specific positions selected for reduction to provide an accurate ratio for evaluation. An additional consideration is that the above ratios assume that the other positions are all General Fund only positions, such as park and street maintenance crews or recreation staffing. Any other position that is only partially funded by the General Fund would have limited returns on the number of public safety staff that could be funded. Overhead costs, such as administrative support from Finance, IT, Administration, Human Resources, as well as other departments are allocated to the operational departments that provide services directly. As such, even though a position may be eliminated, it could be as small as 5% of the position’s personnel costs were being charged to the General Fund. In such cases, the number of positions tha t would have to be cut to afford a single public safety staff position would be substantially greater. 9.B Packet Pg. 327 As each department is already staffed at levels below 2008 levels, funding positions through reductions would likely deplete enough staffing sources to require reductions in levels of services provided, if not full elimination of programs. For direct General Fund reductions, Public Works as reported above needs 35 more positions in order to fully maintain their areas of responsibility, which makes the elimination of multiple crew members extremely damaging to operational capacity of the Department in their already challenging circumstances. The other General Fund option is recreation staffing reductions. Again, there would be required multiple position eliminations in order to fund even 1 police officer or fire fighter. Furthermore, a large portion of their funding for their costs come from fees charged to participate in their events. Reducing staff in Recreation would likely result in reductions in City revenue roughly commensurate to the level of staffing reductions. Such eliminations of recreation programming may have other deteriorating effects. Specifically, recreation programs have been shown to assist in part in keeping some youth engaged in activities that reduce likelihood of participating in criminal activity. This is actually a benefit of recreation activities on public safety workload. Ultimately, funding additional public safety needs through reductions is not recommended. Taxing to Pay For Pensions It is understandable that there is apprehension towards potentially increasing the tax burden only to have it be used towards paying for employee pensions. The issue is that the pension costs will be due regardless of the adoption of a revenue measure or not. In either scenario, the pension payments will reduce funding for service delivery. Whether a potential revenue measure is approved or is not irrelevant when it comes to the amount that the City will be paying PERS. The amount of payments will stil l be required, and continue to increase in the foreseeable future. The underlying issue is that without a revenue measure to help cover the expenditures needed, the cuts would be to the existing staffing pool, which means services would be decreasing over time, assuming that there is no break coming from PERS payments. However, with such a measure, then the levels of service today are better protected, and can be enhanced up to the threshold between the PERS increase and the increase in revenues generated by the measure. As has been discussed, the City is already challenged with current revenues to provide the services that residents expect. By making additional cuts, service levels would lower wherever any cuts are made. What the revenue measure is intended to do would be sustaining the service delivery levels, and making modest enhancements, depending upon the type and amount of revenue generated by such a measure. As costs increase, whether due to PERS, inflationary costs on services and supplies, or other market influence, without additional revenue the City will not be able to afford to match inputs 9.B Packet Pg. 328 (staffing, supplies, etc.) to the outputs sufficient to satisfy the increasing service demand of the City’s growing population. Approving to Pursue a Potential Ballot Measure Process is Not Approving the Tax It is worth consideration that pursuing the revenue measure and polling the community is not approving the tax. Rather, the polling of the community it is the City doing its due diligence, and putting a tax measure on the ballot is giving Gilroy residents the option to directly decide between competing interests. Residents, if the ballot measure is presented to them, would be deciding between two scenarios: 1. Investing more of residents’ income into service delivery to enhance the service levels as service demand increases as the population of Gilroy continues to grow; or, 2. Keeping the service delivery levels the same, which will slowly increase the gap between demand and delivery, but residents are able to keep more of their income. Ultimately, should Council decided, after the polling, to place a revenue measure on a ballot, it is the residents that vote which will decide directly if any tax increase is approved, or rejected, in a revenue ballot measure process. ALTERNATIVES 1. Council may approve engaging a polling company. By polling the community, the City may become better aware about the level of willingness the community has for a potential revenue ballot measure. 2. Council may determine not to approve engaging a polling consultant, but direct staff to pursue a potential ballot measure anyway. While it is a viable option, the lack of polling the community to see if they are willing to support such a measure might result in spending money on a ballot measure that is not supported, resulting in unnecessary costs. 3. Council may choose not to pursue a revenue ballot measure at this time. Should Council choose not to pursue such a measure, staff would suggest developing potential conditions when Council would desire t o reconsider such an option in the future. FISCAL IMPACT/FUNDING SOURCE Estimated $40,000 - $60,000 from the General Fund. Estimate is from the most recent, previous ballot measure polling contract, increased by Consumer Price Index increases. Actual amounts will vary based upon the proposals received, the level of work requested, and if any additional tasks aside from the same polling as conducted previously are desired. CONCLUSION 9.B Packet Pg. 329 By polling the community, the City will have a better sense of the communit y as a whole regarding their level of support for a measure. The process to put a revenue measure on the ballot is not approval of the measure. It is initiating the process to have direct democracy of the voters to decide against competing values: the desire to keep taxes low or enhance service delivery inputs to keep pace, or possibly exceed, service demand increases tied to population growth. 9.B Packet Pg. 330 City of Gilroy STAFF REPORT Agenda Item Title: Decision on Preferred Alignment for Mobility Partnership US 101/State Route 25 Interchange Improvements Meeting Date: May 7, 2018 From: Gabriel Gonzalez, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Girum Awoke Gary Heap Strategic Plan Goals ☐ Financially Sustainable and High Performing ☐ Livable Community ☐ Grow the Economy Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Select preferred alignment for the US101/SR 25 interchange improvements and provide direction to Council representatives to the Mobility Partnership of the preferred alignment. EXECUTIVE SUMMARY The Santa Clara Valley Transportation Authority (VTA) has presented the design for the US101/SR25 Interchange Improvement Project. Staff is recommending that the initial phase of interchange construction include either the extension of Santa Teresa Boulevard to the interchange, or maintain direct access from southbound US101 to Castro Valley Road. Staff is requesting the City Council review the proposed alignments and provide guidance and recommendation that will be conveyed to the VTA. BACKGROUND Mobility Partnership provides policy oversight and direction to staff of the Santa Clara Valley Transportation Authority and the Council of San Benito County Governments 10.A Packet Pg. 331 regarding potential mobility improvements between US 101 and Interstate 5 in the northern San Benito and Southern Santa Clara Counties. The six person Partnership, consisting of three appointed members from VTA and three from San Benito County, will advocate for the development of Transportation Improvements to improve mobility in the area defined by the Partnership. The VTA is sponsoring a project to reconstruct the US101/SR25 Interchange located just south of the City of Gilroy. The project has been in the planning process since October 2006. The project was cleared through California Environmental Quality Act (CEQA) in September 2013, and is currently going through its federal environmental review (NEPA) which includes a revalidation of the original CEQA approval. The project is scheduled to start its design phase in January 2019. The cost estimate for the preferred built-out option is $250m (Exhibit A). There is not sufficient funding to build this ultimate preferred option. Currently, the VTA is studying two less-expensive interchange improvement phasing options through coordination with the Mobility Partnership Group. Phase I Implementation Options Two initial phasing options are currently being evaluated by the VTA. Phase I – Option A (New Bridge) includes (Exhibit B): Construction of a new bridge over US 101 Construction of a two-lane SB US101 off-ramp Signalized intersection ramps Eliminate US101 access to/from Castro Valley Road Estimated cost for this option is $65m The VTA prefers this option Phase I – Option B (Direct Ramp) includes (Exhibit C): Maintains the current interchange configuration Provides a direct fly-over connection from US101 to SR 25 Eliminate US101 access to/from Castro Valley Road Estimated cost for this option is $50m ANALYSIS Reconfiguration of the US101/SR25 Interchange will have a positive benefit to vehicle flows in the southern portion of Gilroy since it will provide an additional full-service 10.A Packet Pg. 332 interchange on the US101 network. However, both initial phasing options, if built as proposed, would cause significant traffic circulation impacts to the City of Gilroy. Both options currently being considered by the VTA include elimination of the US101/Castro Valley Road access. Castro Valley Road provides a direct route to US101 for both Gavilan College and those traveling in the southern portions of Gilroy. If closed, those drivers would be forced to use alternate routes to and from US101. These include the interchanges at Monterey Road, 10th Street and Leavesley Road which currently are already heavily traveled. Significant construction is planned in the southern area of the City over the next three to five years. The three large developments expected to contribute significant traffic to the network include the Glen Loma Ranch development, the Hecker Pass development and the Imwalle site. When built out, these three developments would add 1,615 residential units and 840,000 sf of commercial development to the City. This projected development is expected to add nearly 4,600 trips in the afternoon PM peak-hour to the circulation network (see below). Planned Future Development in Southern Gilroy 2019 2019 2019 2020 2020 2020 2021 2021 2021 Single Family Res Multi Family Res Commercial SQFT Retail Single Family Residential Multi Family Residential Commercial SQFT Retail Single Family Residential Multi Family Residential Commercial SQFT Retail Glen Loma Ranch 310 180 220,000 287 325 270,000 240 0 270,000 Mwalli 200 Hecker Pass 73 60,000 20,000 TOTALS 383 180 280,000 487 325 290,000 240 0 270,000 ADT 3,616 1,318 10,570 4,597 2,379 10,948 2,266 0 10,193 45,885 AM Peak 283 83 263 360 150 273 178 0 254 1,843 PM Peak 379 101 1,067 482 182 1,105 238 0 1,029 4,582 Based on current travel patterns, it is estimated that 30% of the trips from these new developments would use the Castro Valley Road access to US101. Without this access, these 1350+ trips would need to find alternate access to US 101. This would have a significant impact to the other US101 interchanges in the City and can greatly impact current levels of service. In addition, closing the Castro Valley Road ramp will not only cut off direct (and quick) access to Gavilan College, which is a major local activity center, but will also force traffic to and from the college onto the 10th Street and Leavesley Avenue interchanges. FISCAL IMPACT/FUNDING SOURCE The VTA has identified funding for this project through Measure B. STAFF RECOMMENDATION The proposed ultimate SR 152 Trade Corridor (CEQA Cleared and SR 152 Direct Connector – Total Project Cost Estimate $250M) as proposed by the VTA, would 10.A Packet Pg. 333 provide a benefit to the City of Gilroy and South County. As presented, the two phased options create a significant impact to traffic flow in the southern portion of Gilroy since both options include closure of the US101/Castro Valley Road ramps. 1. Staff recommends Phase I – Option A - New Bridge (Exhibit B), so long as it includes either the construction of the Santa Teresa extension between Castro Valley Road and the US101/SR25 interchange, or maintains the current Castro Valley Road access ramps to US101. 2. Staff does not recommend Phase I – Option B - Direct Ramp (Exhibit C), since it primarily provides more direct connection to US 101 for points south and east of Gilroy with minimal direct benefit to Gilroy, but creates a significant impact to traffic flows in the southern portions of Gilroy. Attachments: 1. Exhibit A - Preferred Build-out Option 2. Exhibit B - Phase I - Option A 3. Exhibit C - Phase I - Option B 10.A Packet Pg. 334 10.A.a Packet Pg. 335 Attachment: Exhibit A - Preferred Build-out Option (1651 : VTA Mobility Staff Report) 10.A.b Packet Pg. 336 Attachment: Exhibit B - Phase I - Option A (1651 : VTA Mobility Staff Report) 10.A.c Packet Pg. 337 Attachment: Exhibit C - Phase I - Option B (1651 : VTA Mobility Staff Report) City of Gilroy STAFF REPORT Agenda Item Title: Report on the Gilroy 2040 General Plan Update Process Meeting Date: May 7, 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 Receive report and provide direction to staff. EXECUTIVE SUMMARY On April 2, 2018, the City Council requested a status report on the progress of the Gilroy 2040 General Plan Update and its relationship to the Economic Development Strategy Update in progress. A question has arisen regarding the timing of the Gilroy Economic Development Corporation’s (EDC) study of potential economic development sites and coordination with the City’s General Plan Update process. The EDC study is anticipated to be completed by the end of June. The findings and recommendations of that report will be presented to the City Council at a later date for further direction as it relates to the General Plan Update. BACKGROUND Economic Development Sites Study At their January 9, 2018 study session on economic development, the City Council identified the need for a study of potential economic development sites as an initiative 10.B Packet Pg. 338 acknowledged in the Economic Development Framework. The study is intended to address a variety of current issues affecting the City’s ability to achieve needed commercial and industrial development to enhance local job growth and increase City revenue generation. These include the reduction in available land resulting from the adoption of the Urban Growth Boundary, minimal job and revenue generation f rom recent large warehouse/distribution projects, and infrastructure and other development challenges of certain sites. The study is jointly sponsored by the EDC and the City, with EDC providing overall direction. The firm of EPS, Economic and Planning Systems, Inc. has been retained to conduct a study of potential economic development “opportunity sites” throughout the City. The outcomes of the study may include recommended policy changes or other actions intended to achieve both short- and long-term improvements in the City’s economic and fiscal performance. The EDC study will be completed by the end of June. The findings and recommendations will be presented to the City Council at a later date for further direction. General Plan Update Progress The General Plan Advisory Committee (GPAC) met four times between June and October, 2018 and completed selection of three land use alternatives for analysis and comparison. Attachment 1 to this report includes a description of these alternatives, which represent a range of potential future job growth and residential development in five focus areas where future new growth is anticipated. On March 22, 2018, the GPAC reviewed the preliminary draft Alternatives Analysis Report. Three land use alternatives were evaluated on eleven criteria, including housing and job capacity, housing affordability, fiscal health, transportation, and greenhouse gas emissions. The final Alternatives Analysis report will be completed and available to the public on April 9, 2018. A community workshop to present the report and receive public comments will be scheduled for a later date. Subsequent meetings will focus on selection of the preferred land use alternative in accordance with the anticipated schedule, as follows: TBD Community Workshop TBD General Plan Advisory Committee TBD Planning Commission TBD City Council The remainder of the General Plan Update process will include tasks to update the policy document, prepare the environmental report, and plan adoption. At this t ime, the following tentative timeframe is anticipated for completion of each of these tasks: Summer 2018 – Winter 2018 Update Draft General Plan Policy Document Winter 2018 – Summer 2019 Prepare Environmental Impact Report 10.B Packet Pg. 339 Fall 2019 – Winter 2019 General Plan 2040 Adoption Coordination Discussion As described above, the General Plan Preferred Land Use Alternative will comprise the recommended quantity and locations of land for economic development and new residential development. The results of the EDC study may include information and recommendations that would be relevant to consider in the selection of the Preferred Land Use Alternative. As such, the City Council may wish to consider suspending the General Plan process and selection of the Preferred Land Use Alternative pending the completion of the EDC study and consideration by the City Council of how the findings and recommendations may affect the General Plan Update. Depending on the timing and extent of the City Council direction to the General Pla n process following the review of the EDC study, the GPAC work to select a Preferred Land Use Alternative, currently scheduled for May 24 would tentatively resume in August or September. This would result in a delay of up to four months to the current General Plan Update schedule. NEXT STEPS Should the City Council suspend the General Plan Update , following City Council review of the EDC study, staff will prepare a revised schedule for completion of the General Plan Update for presentation to the City Council. Attachments: 1. GilGP_2017 Alternatives Report_Maps 10.B Packet Pg. 340 28 City of Gilroy | General Plan Alternatives Report Citywide Alternative A Alternative A is consistent with the 2015 Preferred Land Use Alternative selected at the end of the original alternatives phase in 2015, but has been modified to reflect the UGB Initiative. Alternative A contains a balance of single-family and multi-family housing, largely due to the alternative including both Neighborhood District Low in the south and High in the north. Alternative A reflects the currently-adopted Downtown Specific Plan. First Street includes a lower-density mixed-use designation, which has the potential for multi-story housing, office, and retail development. A 22,240 Residents 3,950 SF Units 3,340 MF Units 16,290 Jobs Focus Area 1: Concept 1 Focus Area 2: Concept 1 Focus Area 3: Concept 1 Focus Area 4: Concept 1 Focus Area 5: Concept 1 Focus Area Selection Low-Density Residential Medium-Density Residential High-Density Residential Neighborhood District High General Services Commercial City Gateway District Mixed-Use Low Employment Center Industrial Park Public and Quasi-Public Downtown Specific Plan Neighborhood District Low City Limits Urban Growth Boundary Visitor-Serving Commercial Focus Area Land Use Designations 10.B.a Packet Pg. 341 Attachment: GilGP_2017 Alternatives Report_Maps (1650 : Gilroy 2040 General Plan Status Report) 29 Public Review Draft | April 2018 Citywide Alternative B Alternative B includes all of the focus area concepts that maximize Gilroy’s housing and employment holding capacity, including the Downtown Gilroy Station Area Preferred Alternative. In comparison to the two other alternatives, this scenario includes a higher ratio of multi-family dwellings that are spread throughout the community. This is largely due to the use of the Neighborhood District High designation in both the northern and southern areas of the city, mixed-use high along the First Street corridor, and mixed-use multi-family housing centered around the future high-speed rail station downtown. B 33,020 Residents 4,720 SF Units 6,170 MF Units 22,360 Jobs Focus Area 1: Concept 1 Focus Area 2: Concept 2 Focus Area 3: Concept 2 Focus Area 4: Concept 3 Focus Area 5: Concept 2 Focus Area Selection Medium-Density Residential High-Density Residential Neighborhood District High General Services Commercial City Gateway District Mixed-Use High Industrial Park Public and Quasi-Public Downtown Specific Plan City Limits Urban Growth Boundary Visitor-Serving Commercial Mixed-Housing Mixed-Use Office/Housing Office Station Area Plan Focus Area Land Use Designations 10.B.a Packet Pg. 342 Attachment: GilGP_2017 Alternatives Report_Maps (1650 : Gilroy 2040 General Plan Status Report) 30 City of Gilroy | General Plan Alternatives Report Citywide Alternative C Alternative C retains the single-family character of Gilroy, while maintaining a dense downtown core focused on infill and mixed-use development. Other large corridors such as First Street include a lower-density mixed-use designation, which has the potential for multi-story housing, office, and retail development. The sharp increase in employment in Alternative C is linked to the reduction of Neighborhood District and Industrial Park in the north to accommodate the Employment Center designation, which is meant to yield higher-intensity job types. C 19,290 Residents 3,900 SF Units 2,440 MF Units 21,440 Jobs Focus Area 1: Concept 4 Focus Area 2: Concept 1 Focus Area 3: Concept 1 Focus Area 4: Concept 1 Focus Area 5: Concept 3 Focus Area Selection Low-Density Residential Medium-Density Residential High-Density Residential Neighborhood District Low General Services Commercial City Gateway District Employment Center Industrial Park Public and Quasi-Public Mixed-Use Low Downtown Specific Plan City Limits Urban Growth Boundary Visitor-Serving Commercial Focus Area Land Use Designations 10.B.a Packet Pg. 343 Attachment: GilGP_2017 Alternatives Report_Maps (1650 : Gilroy 2040 General Plan Status Report) City of Gilroy STAFF REPORT Agenda Item Title: Approval of a 3% Salary Increase for City Clerk Shawna Freels Effective Retro-Active to January 1, 2018 Meeting Date: May 7, 2018 From: Gabriel Gonzalez, City Administrator Department: City Council Submitted By: Mayor Roland Velasco Prepared By: Mayor Roland Velasco LeeAnn McPhillips Strategic Plan Goals ☐ Financially Sustainable and High Performing ☐ Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Approval of City Clerk’s salary increase to $117,870.40 annually. EXECUTIVE SUMMARY Based upon the performance evaluation process of the City Clerk Shawna Freels conducted by the Gilroy City Council, the Mayor is recommending to the full Counc il that a performance/merit based salary increase of three percent (3%) be provided to the City Clerk effective retroactively to January 1, 2018. The compensation change being recommended is as follows: Current Annual City Clerk Salary Range: $97,778 - $130,375 Current Annual City Clerk Salary: $114,437.28 Recommended January 1, 2018 Annual Salary: $117,870.36 FISCAL IMPACT 10.C Packet Pg. 344 The salary cost associated with this increase is $3,433 annually. The total annual cost (including salary and salary-related benefits) is approximately $4,806. This salary increase is allocated to the General Fund and funds are available in the FY 18 and FY 19 budgets to cover this cost. 10.C Packet Pg. 345