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HomeMy WebLinkAbout06/18/2018 City Council - Regular Meeting Agenda Packet June 15, 2018 5:12 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, JUNE 18, 2018 CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. Persons wishing to address the Council are requested, but not required, to complete a Speaker’s Card located at the entrances. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker. A minimum of 12 copies of materials should be provided to the City Clerk for distribution to the Council and Staff. Please limit your comments to 3 minutes. In compliance with the Americans with Disabilities Act, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk a minimum of 72 hours prior to the meeting at (408) 846-0204. A sound enhancement system is also available for use in the City Council Chambers. If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure. A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City. Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of Administration at City Hall, 7351 Rosanna Street during normal business hours. These materials are also available with the agenda packet on the City website at www.cityofgilroy.org subject to Staff’s ability to post the documents before the meeting. The City Council meets regularly on the first and third Monday of each month, at 6:00 p.m. If a holiday, the meeting will be rescheduled to the following Monday, with the exception of the single meeting in July which lands on the first day of the month not a holiday, Friday, Saturday or Sunday. City Council Regular Meeting Agenda 06/18/2018 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 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 06/18/2018 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, Sout h 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 Partner ship Mayor Velasco – Gilroy Youth Task Force, Economic Development Corporation Board, General Plan Advisory Committee, Historic Heritage Committee, South County Youth Task Force Policy Team, South County Joint Planning Advisory Committee , VTA South County City Group, URM Task Force V. FUTURE COUNCIL INITIATED AGENDA ITEMS VI. CONSENT CALENDAR (ROLL CALL VOTE) All matters listed under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of the City Council or a member of the public. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears. A. Minutes of the June 4, 2018 Regular Meeting B. Adoption of an Ordinance Approving a Zone Change to Provide a Locally Historic Significance Designation to the Miller Red Barn Located at Christmas Hill Park, APN 808-18-022 (Introduced 6/4/2018 with a 7-0 vote) VII. BIDS AND PROPOSALS A. Contract Award to Polychrome Construction Inc. in the Amount of $129,500. for the Completion of Fire Hydrant Painting/ID Tags, Project No. 18-PW-243-2 City Council Regular Meeting Agenda 06/18/2018 Page4 1. Staff Report: Girum Awoke, Public Works Director 2. Public Comment 3. Possible Action: Award a contract for Fire Hydrant Painting / ID Tags Project No. 18 -PW -243-2 to Polychrome Construction Inc. in the not to exceed amount of $129,500, establish a project contingency of approximately 8% ($10,360), and authorize the City Administrator to execute the agreement and related documents, including amendments up to the contingency amount. B. Agreement with Mobilitie, LLC for Use of Two Street Lights in the Public Right-of-Way for Installation of Small Cellular Wireless Telecommunications Equipment (M18-11) 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 Second Contract Amendment With Honeywell, Inc. Extending the Contract Term by Four Months and Associated Budget Amendment in the Amount of $42,000 1. Staff Report: Girum Awoke, Public Works Director 2. Public Comment 3. Possible Action: Approve a second amendment to the agreement with Honeywell Inc., and associated budget amendment in the amount of $42,000. VIII. PUBLIC HEARINGS A. Consideration of the Placement of Property Liens for the Non-payment of Charges for the Collection of Garbage, Rubbish and Refuse in the City of Gilroy 1. Staff Report: Jimmy Forbis, Finance 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 imposing special assessment liens for the costs of delinquent garbage collection services for certain properties located in Gilroy, California. B. Introduction of an Ordinance Amending Section 30.19.10(c)(2) of Chapter 30 of the Gilroy City Code, and Corresponding Downtown Specific Plan Amendment, to allow Ground-Floor Offices Along Monterey Road, North of Fourth Street and South of Sixth Street Within the Downtown Historic District Without a Conditional Use Permit for a Period of Two Years City Council Regular Meeting Agenda 06/18/2018 Page5 1. Staff Report: Kristi Abrams, Community Development Director 2. Open Public Hearing 3. Close Public Hearing 4. Possible Action: Motion to read the ordinance by title only and waive further reading ; and Introduction of an ordinance of the City Council of the City of Gilroy amending section 30.19.19 (c) (2) of the Gilroy City Code to allow ground-floor offices in the area north of fourth street and south of sixth street within the downtown historic district without a conditional use permit for a period of two years . IX. UNFINISHED BUSINESS A. Consideration and Approval of Proposed Amendments to the Fiscal Year 2019 City Budget 1. Staff Report: Jimmy Forbis, Finance Director 2. Public Comment 3. Possible Action: Consideration of the adoption of a Resolution of the City Council of the City of Gilroy approving amendments to the adopted budget for the Fiscal Year ending June 30, 2019. B. Discussion of Proposed Amendments to Article 30.38 Landscaping, Water Efficiency, and Stormwater Retention and Treatment to Add a New Section 30.38.270 Entitled Protected Tree Removal Permit Ordinance (Z16-05) 1. Staff Report: Kristi Abrams, Community Development Director 2. Public Comment 3. Possible Action: Receive report and provide direction to staff. X. INTRODUCTION OF NEW BUSINESS A. 12 Month Time Extension Request for Tentative Map TM 13-11 and Architectural and Site Review AS 13-35 for the Development of 202 Townhouse Units on a Property Located at the Southeast Corner of Santa Teresa Boulevard and First Street, APN's 808-01-21, 808-01-22 and 808-01- 23, Applicant Eagle Garden, LLC (continued from the Council meeting of 6/4/2018) City Council Regular Meeting Agenda 06/18/2018 Page6 1. Staff Report: Kristi Abrams, Community Development Director 2. Public Comment 3. Possible Action: Adoption of a Resolution of the City Council of the City of Gilroy extending TM 13-11 and AS 13-35 for an additional 12 month period for the development of 202 townhouse units at a property located at the southeast corner of Santa Teresa Boulevard and First Street, APN's 808 - 01-21, 808-01-22 and 808-01-23; filed by Eagle Garden, LLC. B. Consideration and Direction to Staff on a Temporary Use Permit for Saint Louise Hospital Located at 9400 No Name Uno to Support Extensive Facility Upgrades 1. Staff Report: Kristi Abrams, Community Development Director 2. Public Comment 3. Possible Action: Consideration of a Temporary Use Permit No.18-06 for upgrades at Saint Louise Hospital, and provide direction to staff. C. 12 Month Time Extension Request for Tentative Map TM 13-03 for the Development of a Subdivision of Approximately 2.67 Acres Located Southwest of Santa Teresa Boulevard, South of the Ballybunion Drive/Santa Teresa Boulevard Intersection, Applicant Tim Filice representing Glen Loma Group 1. Staff Report: Kristi Abrams, Community Development Director 2. Public Comment 3. Possible Action: Adoption of a Resolution of the City Council of the City of Gilroy approving a 12- month extension of tentative map TM 13-03 creating six single-family residential lots, three open space parcels and a private street at a property located southwest of Santa Teresa Boulevard, south of the Ballybunion Drive/Santa Teresa Boulevard intersection APNS 810-42-001 and 810-72-036, filed by Glen Loma Group. D. Quality of Life Crime and Homelessness Plan 1. Staff Report: Scot Smithee, Police Chief 2. Public Comment 3. Possible Action: Receive Report. XI. CITY ADMINISTRATOR'S REPORTS XII. CITY ATTORNEY'S REPORTS XIII. CLOSED SESSION City Council Regular Meeting Agenda 06/18/2018 Page7 A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property:7491 Railroad Avenue, Gilroy, APN 841 -06-001(Creamery Building) Negotiators: Gabriel Gonzalez, City Administrator; Kristi Abrams, Community Development Director; Other Party to Negotiations:Mark Garrison; Under Negotiations: Price and Terms of Payment B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 7517 and 7525 Monterey St, Gilroy, APN 799-06-069; Negotiators: Gabriel Gonzalez, City Administrator; Kristi Abrams, Community Development Director; Other Party to Negotiations: Amit Patel and Sunil Patel on Behalf of Akshar LLC; Under Negotiations: Price and Terms of Payment C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2) Property: 7541 and 7543 Monterey St and 7440 Gourmet Alley, Gilroy, APN 799-06-048 (Dick Bruin Building); Negotiators: Gabriel Gonzalez, City Administrator; Kristi Abrams, Community Development Director; Other Party to Negotiations: Jose Montes on Behalf of Sil Vest LLC; Under Negotiations: Price and Terms of Payment D. CONFERENCE WITH NEGOTIATOR – COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6 and Gilroy City Code Section 17A.11 (4) Collective Bargaining Unit: Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters; City Negotiators: Gabriel Gonzalez, City Administrator; LeeAnn McPhillips, HR Director; Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandum of Understanding: MOU between the City of Gilroy and the Gilroy Fire Fighters E. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.11 (4) Collective Bargaining Unit: Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers; City Negotiators: Gabriel Gonzalez, City Administrator; LeeAnn McPhillips, HR Director; Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandums of Understanding: MOU Between City of Gilroy & Gilroy Police Officers 1. Public Comment on Closed Session Items 2. Adjourn to Closed Session ADJOURN TO OPEN SESSION Report of any action taken in Closed Session and vote or abstention of each Councilmember if required by Government Code Section 5 4957.1 and Gilroy Code Section 17A.13 (a); Public Report of the vote to continue in closed session if required under Gilroy Code Section 17A.11 (5) ADJOURNMENT MEETING DATES City Council Regular Meeting Agenda 06/18/2018 Page8 FUTURE MEETINGS (*Meeting is webstreamed and televised) 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 1 City Council Meeting Minutes 06/4/2018 City of Gilroy City Council Meeting Minutes June 4, 2018 I. OPENING A. Call to Order The meeting was called to order at 6:00 PM by Mayor Mayor Roland Velasco 1. Pledge of Allegiance The pledge of allegiance was led by Council Member Tovar. 2. Invocation The invocation was given by Pastor Bill Tanger of New Hope Community Church. 3. City Clerk's Report on Posting the Agenda City Clerk Shawna Freels announced hat the agenda had been posted on May 30, 2018 at 5:45 p.m. 4. Roll Call Attendee Name Title Status Arrived Mayor Roland Velasco Mayor Present 5:58 PM Marie Blankley Council Member Present 5:54 PM Dion Bracco Council Member Present 5:40 PM Daniel Harney Mayor Pro Tempore Present 5:58 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 Mayor Velasco asked that Item 10A TM 13-11 and AS 13-35 time extension be removed from the agenda and heard at the June 18, 2018 meeting, at staff's request as the report was not complete. Motion was made by Council Member Tovar, seconded by Council Member Leroe-Muñoz and carried 7-0 to continue item 10A to the June 18, 2018 regular meeting. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Leroe-Muñoz, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker C. Employee Introductions Public Works Director Awoke introduced newly hired Facility Maintenance Specialist Avelino Maciel. 6.A Packet Pg. 9 Communication: Minutes of the June 4, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 2 City Council Meeting Minutes 06/4/2018 Human Resources Manager McPhillips introduced newly hired Human Resources Analyst Connie Kim, and Human Resources Assistant Jenavie Guerrero. Police Chief Smithee introduced newly hired Police Officer Mas Yamimoto. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations 1. Presentation of Age Friendly City Designation by the World Health Organization Diana Miller of the Santa Clara County Department of Health Services presented the City with the recognition. III. PRESENTATIONS TO THE COUNCIL There were no public comments. IV. REPORTS OF COUNCIL MEMBERS Council Member Tovar spoke on his participation in the Special Friends golf tournament the previous weekend and thanked City staff for their work in putting the event on. Council Member Leroe-Muñoz shared information about the Silicon Valley Regional Interoperability Authority describing the project progression with the City. Mayor Velasco spoke on the rescheduling of the URM Task Force meeting, and congratulated Gilroy Firefighters for their success at a recent chili cook-off. He then spoke on a Water District meeting he and City Administrator Gonzalez had attended on recycled water issues. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR (ROLL CALL VOTE) RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Council Member SECONDER: Daniel Harney, Mayor Pro Tempore AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker A. Minutes of the May 21, 2018 Regular Meeting B. A Resolution of the City Council of the City of Gilroy Calling a General Election Municipal Election for Municipal Officers and Requesting the Santa Clara County Board of Supervisors Consolidate With the Statewide General Election to be Held on November 6, 2018 Pursuant to California Elections Code Section 10403, and Requesting Services of the Registrar of Voters C. Approval of a Final Map and Property Improvement Agreement No. 2018 -05 With Filice Family Estate and Tri Pointe Homes, Inc., Tract 10446, APN 808 - 19-10 -024 for the Grove Luchessa Tract 10446 6.A Packet Pg. 10 Communication: Minutes of the June 4, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 3 City Council Meeting Minutes 06/4/2018 D. A Resolution of the City Council of the City of Gilroy Setting the Appropriation Limit for Fiscal Year 2018-2019 E. Transfer of Interest Income From the Museum Vase Endowment Trust to the Gilroy Museum Fund F. A Resolution of the City Council of the City of Gilroy Setting the Annual Fireworks Service Fee for Impacts on City Fire and Police Services Related to the Sale and Use of Safe and Sane Fireworks Pursuant to Gilroy City Code Section 10A A G. Consideration of the Appointment of VTA Bicycle Pedestrian Advisory Committee Representative for a 2 Year Term Ending July 1, 2020 H. A Resolution of the City Council of the City of Gilroy Releasing Unclaimed Checks to the City’s General Fund in Accordance with California Government Code Section 50055 I. A Resolution of the City Council of the City of Gilroy Releasing Unclaimed Checks to the City’s General Fund in Accordance with California Government Code Section 50053 VII. BIDS AND PROPOSALS A. Contract Amendment with EPC IT Solutions in the Amount of $406,000 for Network and Infrastructure Improvements The staff report was presented by Public Works Director Awoke. There were no public comments. Possible Action: Approval of a $406,000 contract amendment with EPC IT Solutions over the next two (2) years to provide Information technology (IT) professional services for network and infrastructure improvements, and authorize the City Administrator to execute the agreement. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Peter Leroe-Muñoz, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker B. Award of Contract to Monterey Peninsula Engineering in the Amount of $5,451,990 for the First Street-State Route 152 Water Utility Improvements, Project No. 16-PW-217 The staff report was presented by Public Works Director Awoke. Public comment was opened. Ron Kirkish spoke on Harry Truman's role describing the frugality of his actions while serving the community, and suggested that the tax payers money should be used wisely. Public comment was then closed. 6.A Packet Pg. 11 Communication: Minutes of the June 4, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 4 City Council Meeting Minutes 06/4/2018 Possible Action: a) Award a contract to Monterey Peninsula Engineering in the amount of $5,451,990. for the construction of First Street (State Route 152) Water Utility Improvements, Project No. 16-PW-217; establish a project contingency of $817,798 (approximately 15%), and authorize the City Administrator to execute the agreement and related documents, including amendments up to the contingency amount; and RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Marie Blankley, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker x Award of Contract to Monterey Peninsula Engineering in the Amount of $5,451,990 for the First Street-State Route 152 Water Utility Improvements, Project No. 16-PW-217 a) Appropriate $1,935,013 from the Water Fund for the project. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Marie Blankley, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker VIII. PUBLIC HEARINGS A. Introduction of an Ordinance Approving a Zone Change to Provide a Locally Historic Significance Designation to the Miller Red Barn Located at Christmas Hill Park, APN 808-18-022, and Adoption of a Resolution Approving the Miller Red Barn Association’s Application for a County of Santa Clara Historical Heritage Grant The staff report was presented by Planning Manager O'Strander. The public hearing was opened. Gary Walton spoke on the support of planning staff in moving the item for ward. The public hearing was then closed. Possible Action: Motion to read the ordinance by title only and waive further reading RESULT: APPROVE [UNANIMOUS] MOVER: Daniel Harney, Mayor Pro Tempore SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker City Clerk Freels read the ordinance title. 6.A Packet Pg. 12 Communication: Minutes of the June 4, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 5 City Council Meeting Minutes 06/4/2018 Possible Action: Introduction of an Ordinance of the City Council of the City of Gilroy approving zone change Z 18-02, a local historic designation for the Miller Red Barn located at Christmas Hill Park, APN 808-18-022 in accordance with Gilroy City Code Section 30.27.30; and RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker Possible Action: Adoption of a Resolution of the City Council of the City of Gilroy approving the Miller Red Barn Association’s application for a County of Santa Clara historical heritage grant for the designation of locally historic significance of the Miller Red Barn located at Christmas Hill Park, APN 808-18-022 RESULT: APPROVE [UNANIMOUS] MOVER: Marie Blankley, Council Member SECONDER: Cat Tucker, Council Member AYES: Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker, Velasco IX. UNFINISHED BUSINESS A. Adoption of Proposed Parks and Amenities Design Guidelines The staff report was presented by Public Works Director Awoke. There were no public comments. Possible Action: Adoption of the Parks and Amenities Design Guidelines. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Daniel Harney, Mayor Pro Tempore AYES: Bracco, Velasco, Blankley, Harney, Leroe-Muñoz, Tovar, Tucker X. INTRODUCTION OF NEW BUSINESS A. Time Extension Request for Tentative Map TM 13-11 and Architectural and Site Review AS 13-35 for the Development of 202 Townhouse Units on a Property Located at the Southeast Corner of Santa Teresa Boulevard and First Street, APN's 808-01-21, 808-01-22 and 808-01-23, Applicant Eagle Garden, LLC 6.A Packet Pg. 13 Communication: Minutes of the June 4, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 6 City Council Meeting Minutes 06/4/2018 Possible Action: Continuation of a Resolution of the City Council of the City of Gilroy extending TM 13-11 and AS 13-35 for an additional 12 month period for the development of 202 townhouse units at a property located at the southeast corner of Santa Teresa Boulevard and First Street, APN's 808-01-21, 808-01-22 and 808-01-23; filed by Eagle Garden, LLC. RESULT: CONTINUED [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Peter Leroe-Muñoz, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker B. Adoption of the City of Gilroy 2018 Strategic Plan Implementation Action Plan The staff report was introduced by City Administrator Gonzalez, and was further presented by Finance Manager Atkins. There were no public comments. Possible Action: Adoption of the 2018 City of Gilroy Strategic Plan Implementation Action Plan with the addition of the IT strategic plan as a priority 1. RESULT: APPROVE [UNANIMOUS] MOVER: Daniel Harney, Mayor Pro Tempore SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker C. Presentation and Consideration of the Information Technology Strategic Plan The staff report was presented by IT Manager Golden and further described by SDI consultants. There were no public comments. Possible Action: a) Approval of the Information Technology Strategic Plan; and, b) Adoption of the recommendations provided in the Information Technology Strategic Plan RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker D. Presentation of the Fiscal Year 2018 3rd Quarter Report The staff report was presented by Finance Manager Atkins. There were no public comments. 6.A Packet Pg. 14 Communication: Minutes of the June 4, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 7 City Council Meeting Minutes 06/4/2018 Possible Action: Receive the report. RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Harney, Leroe-Muñoz, Tovar, Tucker E. Review of the Fiscal Year 2018 and 2019 Mid-Cycle Report and Consideration of Amendments to the Fiscal Year 2019 Adopted Budget The staff report was presented by Finance Manager Atkins and was further presented by Finance Manager Forbis. Public comment was opened. Bill O'Connor spoke on spending additional monies and asked the Council to consider what work was not being done with an insufficient number of employees. Ron Kirkish spoke on the funding request for the arts center asking what other revenue generating ideas were available such as parking meters or other revenue streams to accomplish building the new arts center. Public comment was then closed. Possible Action: Direct staff to return at the next meeting with a resolution with the proposed amendments for fiscal year 2019, and also include a clear process on how to loan monies to the art center. RESULT: APPROVE [6 TO 0] MOVER: Mayor Roland Velasco, Mayor SECONDER: Peter Leroe-Muñoz, Council Member AYES: Velasco, Bracco, Blankley, Harney, Leroe-Muñoz, Tovar, Tucker XI. CITY ADMINISTRATOR'S REPORTS A. Public Safety Messaging Community Engagement Plan The item was introduced by City Administrator Gonzalez and was further presented by Public Information Technician Bedell. There were no public comments. Possible Action: Receive report. B. First Street Repair Communication Plan The item was introduced by City Administrator Gonzalez and was further presented by Public Information Technician Bedell. 6.A Packet Pg. 15 Communication: Minutes of the June 4, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 8 City Council Meeting Minutes 06/4/2018 There were no public comments. Possible Action: Receive report. XII. CITY ATTORNEY'S REPORTS XIII. CLOSED SESSION A. CONFERENCE WITH NEGOTIATOR – COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6 and Gilroy City Code Section 17A.11 (4) Collective Bargaining Unit: Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters; City Negotiators: Gabriel Gonzalez, City Administrator; LeeAnn McPhillips, HR Director; Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandum of Understanding: MOU between the City of Gilroy and the Gilroy Fire Fighters B. CONFERENCE WITH NEGOTIATOR - COLLECTIVE BARGAINING UNIT Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.11 (4) Collective Bargaining Unit: Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers; City Negotiators: Gabriel Gonzalez, City Administrator; LeeAnn McPhillips, HR Director; Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandums of Understanding: MOU Between City of Gilroy & Gilroy Police Officers There were no public comments. ADJOURNMENT The Council adjourned to closed session at 10:25 p.m. /s/ Shawna Freels, MMC City Clerk 6.A Packet Pg. 16 Communication: Minutes of the June 4, 2018 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) City of Gilroy STAFF REPORT Agenda Item Title: Adoption of an Ordinance Approving a Zone Change to Provide a Locally Historic Significance Designation to the Miller Red Barn Located at Christmas Hill Park, APN 808-18-022 (Introduced 6/4/2018 with a 7-0 vote) Meeting Date: June 18, 2018 From: Gabriel Gonzalez, City Administrator Department: Community Development Department Submitted By: Kristi Abrams Prepared By: Kristi Abrams Pamela Wu Strategic Plan Goals Fiscal Stability  Downtown Revitalization ☐ Economic Development ☐ Customer Service ☐Enhanced Public Safety RECOMMENDATION Adoption of an Ordinance of the City Council of the City of Gilroy approving zone change Z 18-02, of a local historic designation for the Miller Red Barn located at Christmas Hill Park, APN 808-18-022 in accordance with Gilroy City Code Section 30.27.30. BACKGROUND On June 4, 2018, the City Council voted to introduce an ordinance to designate the Miller Red Barn as a Locally Historic Significant building. The barn is located at Christmas Hill Park (APN 808-18-022) and in 2016, due to the efforts of the Miller Red Barn Association, received designation as a State Historical Landmark and National Historical Landmark. This local designation of historical significance will allow the Miller Red Barn Association to apply for local grant opportunities and continue their preservation efforts. 6.B Packet Pg. 17 Attachments: 1. Ordinance Red Barn Z 18-02 v1 6.B Packet Pg. 18 ORDINANCE NO. 2018-XX 4849-9362-0323v1 JH\04706089 ORDINANCE NO. 2018-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING ZONE CHANGE Z 18-02, A LOCAL HISTORIC DESIGNATION FOR THE MILLER RED BARN LOCATED AT CHRISTMAS HILL PARK (APN 808-18-022) IN ACCORDANCE WITH GILROY CITY CODE SECTION 30.27.30 WHEREAS, the California Constitution, Article XI, Section 7, confers on the City of Gilroy (“City”) the power to make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; and WHEREAS, the City Council adopted Gilroy City Code Article 30.27: (1) To preserve historic sites and neighborhoods that represent important elements of Gilroy’s past or contribute to the community’s identity or educational resources; (2) To enhance the visual character of Gilroy by encouraging and regulating the compatibility of architectural styles within historic sites and neighborhoods; (3) To identify and designate areas that have a significant concentration or continuity of sites, buildings or objects unified by past events or physical development; and (4) To encourage restoration of historic buildings and neighborhoods throughout the city. WHEREAS, pursuant to Gilroy City Code Section 30.27.30 the City desires to designate the Miller Red Barn as a Local Historically Significant building site by adopting zoning ordinance Z 18-02; WHEREAS, on February 21, 2018, the Historic Heritage Committee held a duly noticed public hearing and considered the public testimony, the staff report dated February 21, 2018 and all other documentation related to the request to have the Miller Red Barn designated as a Local Historically Significant building site and made its recommendation to the Planning Commission; WHEREAS, on April 19, 2018, the Planning Commission held a duly noticed public hearing and considered the public testimony, the staff report dated April 19, 2018, and all other documentation related to the request to have the Miller Red Barn designated as a Local Historically Significant building site and made its recommendation to the City Council; WHEREAS, on May 21, 2018, the City Council held a duly noticed public hearing and considered the public testimony, the staff report dated May 21, 2018, and all other documentation related to the request to have the Miller Red Barn designated as a Local Historically Significant building site; and WHEREAS, Z 18-02 is exempt from environmental review pursuant to section 15061(b)(3) of the State Guidelines implementing the Environmental Quality Act of 1970, as amended 6.B.a Packet Pg. 19 Attachment: Ordinance Red Barn Z 18-02 v1 (1730 : Z 18-02 Miller Red Barn Local Designation) ORDINANCE NO. 2018-XX 4849-9362-0323v1 JH\04706089 because there is no possibility that the activity in question may have a significant effect on the environment; WHEREAS, the location and custodian of the documents or other materials that constitute the record of proceedings upon which Z 18-02 approval is based is the office of the City Clerk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I The City Council finds that: 1. The proposed Z 18-02 is consistent with the City’s General Plan designation of the Miller Red Barn building site as a Park and Recreational use and with intent of the goals and policies of Historic Preservation, Preservation Funding and Incentives and Historic Character. 2. The proposed Z 18-02 will not be detrimental to the public welfare or injurious to persons or property in the vicinity. SECTION II Z 18-02 is approved and the Miller Red Barn is hereby designated as a Local Historically Significant building site. SECTION III If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby. SECTION IV Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption. PASSED AND ADOPTED this 18th day of June, 2018 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Roland Velasco, Mayor ATTEST: Shawna Freels, City Clerk 6.B.a Packet Pg. 20 Attachment: Ordinance Red Barn Z 18-02 v1 (1730 : Z 18-02 Miller Red Barn Local Designation) City of Gilroy STAFF REPORT Agenda Item Title: Contract Award to Polychrome Construction Inc. in the Amount of $129,500. for the Completion of Fire Hydrant Painting/ID Tags, Project No. 18-PW -243-2 Meeting Date: June 18, 2018 From: Gabriel Gonzalez, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Girum Awoke Strategic Plan Goals Fiscal Stability  Downtown Revitalization ☐ Economic Development ☐ Customer Service ☐Enhanced Public Safety RECOMMENDATION Award a contract for Fire Hydrant Painting / ID Tags Project No. 18 -PW -243-2 to Polychrome Construction Inc. in the not to exceed amount of $129,500, establish a project contingency of approximately 8% ($10,360), and authorize the City Adm inistrator to execute the agreement and related documents, including amendments up to the contingency amount. BACKGROUND The City of Gilroy has more than 2,500 fire hydrants. Fire hydrants need to be painted to keep them visible to water and public safety staff. The best management practice is to paint fire hydrants every two years. Due to the limited resources, City staff has been painting the fire hydrants at a cycle of seven to nine years. An important process that accompanies painting hydrants is clearing vegetation that has overgrown the hydrant that can limit or block visibility. A clean, well maintained hydrant can boost public confidence and limit calls for hydrant s being an eyesore. This project 7.A Packet Pg. 21 also increases public awareness and perception. This project would also continue the process that started over 10 years ago for placing ID tags on each hydrant in a particular zone. This project will blend in nicely with GPS mapping and Maintenance Management Software which is expected to be implemented in the coming 6-9 months. Each hydrant will have a unique number to become an inventory item so we can track maintenance and costs related to that hydrant. Staff will also keep a history pertaining to each hydrant to assist in budgeting and ordering parts. The project was advertised in the Gilroy Dispatch and San Jose Mercury News. Plans and specifications were sent to 12 plan rooms using the Arc Santa Clara website. BID RESULTS Project bids were opened on May 22, 2018, and 7 bids were received as follows, listed in order from lowest to highest bid amount: RANK COMPANY NAME BID AMOUNT 1 Polychrome Construction Inc. $129,500 2 Valvetek Utility Services $134,125 3 R.E. Chaffee $250,250 4 Color New Co. $316,000 5 Castlewood Construction Co. $356,987 6 South Bay Grading $389,333 7 Vern’s Painting $433,250 The lowest bidder was determined based on the amount of their respective base bid. The lowest responsive and responsible bidder is Polychrome Construction Inc. with a base bid of $129,500. The Engineer’s estimate for the base bid was approximately $135,000. ALTERNATIVES One of the alternatives to awarding this contract is to break the project in to two more phases. STAFF DOES NOT RECOMMEND. This alternative is not recommended given that the deferred maintenance on fire hydrants will cost the city even more money as contractor’s prices continue to rise, and the backlog of fire hydrant painting needs will continue to accumulate. FISCAL IMPACT/FUNDING SOURCE The recommended budget for this project includes the base bid amount of $129,500 plus a 8% contingency ($10,360,) to address any unanticipated changes. Typically staff has used a 10% contingency, however the current FY 18 & FY 19 Budget Decision Packages budget of $140,000 in the Water Enterprise Fund for the Hydrant Painting/ID 7.A Packet Pg. 22 Tags is sufficient funding for the completion of this project. As a result, the total expenditure allocation request is $139,860. . 7.A Packet Pg. 23 City of Gilroy STAFF REPORT Agenda Item Title: Agreement with Mobilitie, LLC for Use of Two Street Lights in the Public Right-of-Way for Installation of Small Cellular Wireless Telecommunications Equipment (M18-11) Meeting Date: June 18, 2018 From: Gabriel Gonzalez, City Administrator Department: Community Development Department Submitted By: Kristi Abrams Prepared By: Kristi Abrams Stan Ketchum Strategic Plan Goals Fiscal Stability  Downtown Revitalization  Economic Development ☐ Customer Service ☐Enhanced Public Safety RECOMMENDATION Receive report and provide direction to staff. EXECUTIVE SUMMARY Mobilitie, LLC, proposes to install wireless telecommunication equipment on two City- owned street light poles located at 7381 Eigleberry Street and 601 Leavesley Road. The City Code includes provisions for installation of a distributed antenna system (DAS) and other similar equipment. Specifically, Zoning Ordinance Section 30.35.13 (a) (16) states in part “all DAS/small cell structures and equipment affixed to city-owned street lights or other city-owned facilities, structures or equipment in the public right-of-way are subject to execution of a master lease agreement between the City and the carrier that includes all of the siting and design requirements that would typically occur in the planning review process and project implementation through the Encroachment Permit process.” The equipment will be leased to and operated by Sprint. As proposed, the agreement negotiated between Mobilite and City staff representatives establishes all terms for 7.B Packet Pg. 24 lease of the City street lights, including compensation, lease term, provisions for maintenance and repair, and insurance. BACKGROUND The newest technology for wireless telecommunications equipment is known generally as “small cell”, referring to the reduced size of the equipment and its significantly smaller signal broadcast radius, commonly in the range of 500 – 1,500 feet, as compared to more traditional “macro” cell towers. Small cell antennas are used to augment or fill gaps in existing cell network coverage , and as a network of these spatially separated antenna nodes, these are also referred to as a distributed antenna system (DAS). Today, wireless companies are working in cities nation-wide installing such small cell equipment on city facilities in public rights-of-way (ROW ), including street lights and traffic signals. In 2013-14, Gilroy approved a DAS network that allowed antennae on ten City street lights and seven PGE utility poles. Verizon is presently using this system. A lease agreement similar to the current one was executed for that project. Since the two proposed small cell projects were initiated prior to recent approval of the above zoning ordinance amendment, they were processed based on the prior version of the Zoning Ordinance. The previous ordinance required individual Site and Architectural Review permits for installation of small cell wireless telecommunication equipment on City street lights. As a result, this agreement does not include information about the site and architectural design elements of the projects. The projects will require issuance of Building Permits and Encroachment Permits for approval of all construction work within the public right-of-way. 7.B Packet Pg. 25 ANALYSIS Key aspects of the proposed agreement include: Term The initial term of the agreement is ten (10) years, with two (2) automatic renewals of 10-years, unless either party decides not to renew. The ten-year duration coincides with the FCC-mandated minimum length of any permit for wireless antennas. Compensation Mobilitie will pay an annual pole rent fee in the amount of one thousand five hundred dollars ($1,500) per streetlight. This reflects the current market rate for small cell wireless agreements established by the Silicon Valley Wireless Working Group, a coalition of most Santa Clara County cities working together to establish common standards and terms for agreements with wireless telecommunication companies. The pole rent will increase by 3% annually, on the anniversary of the effective date of the agreement. For each additional carrier whose equipment Mobilitie installs on either pole, the pole rent shall increase by five hundred dollars ($500) per year. The agreement includes a Most Favored Nation Clause that allows the City to initiate a re-evaluation of the pole rent every five years to ensure that the compensation is substantially equal to the highest rate of any Mobilitie agreement with other cities in the Silicon Valley Wireless W orking Group. The agreement states that the City can require that Mobilitie modify the agreement to incorporate the same or substantially the same pole rent or other substantially similar compensation as included in the other agreement. The full text of the agreement is included as Attachment 1. It has been reviewed and is approved as to form by the City Attorney. RECOMMENDATION The proposed wireless equipment installations are consistent with the Zoning Ordinance and state and federal regulations regarding wireless telecommunication equipment installation and operation. As such, it is recommended that the City Council direct staff to prepare an agreement with Mobilitie, LLC for the lease of two street lights and installation of wireless telecommunication equipment for City Council approval. This action is recommended. Should the City Council identify concerns with the provisions of the agreement, staff should be directed to prepare revisions for consideration by the City Council at a later date. This action is not recommended. FISCAL IMPACT/FUNDING SOURCE As stated above the applicant, Mobilitie, LLC, will pay a pole rent fee of $1,500 per year per pole, which will result in $3,000 per year in the first year of operation. In addition, there is an automatic 3 percent annual increase for each pole for each subsequent year. For example, this would quantify as $1,545 per pole for the second year, $1,591.35 for 7.B Packet Pg. 26 the third year, etc. The revenue is deposited into the Facilities Services revenue account. NEXT STEPS Subsequent to approval of this agreement, the applicant will submit Building Permits and Encroachment Permits for installation of the equipment on each street light PUBLIC OUTREACH No specific public outreach was conducted regarding the proposed agreement. Attachments: 1. Mobilitie-Gilroy Right of Way Agreement 7.B Packet Pg. 27 MBT Edits 5-30-18 RIGHT-OF-WAY AGREEMENT BETWEEN THE CITY OF GILROY AND MOBILITIE, LLC This Right-of-Way Agreement (“Agreement”) is entered into as of the date of the last signature by a party hereto (“Effective Date”) by and between the City of Gilroy, California, a municipal corporation (“the City”), and Mobilitie, LLC, a Nevada limited liability company (“Licensee”). RECITALS A. Licensee owns, maintains, operates and/or controls, in accordance with all applicable regulations promulgated by the Federal Communications Commission and the California Public Utilities Commission (“PUC”), telecommunications networks serving customers through small cell telecommunications facilities in public rights-of- way (“ROW ”) in the State of California. B. Licensee is a competitive local exchange carrier that holds a valid full-facilities- based certificate of public convenience and necessity (“CPCN”) issued by the PUC on December 2, 2010 (Decision 10-12-004). C. Licensee seeks to attach small cell wireless telecommunications equipment (“Equipment”) to certain streetlight poles owned and maintained by the City (“City Pole”). The location of the City Poles is shown in Exhibit A. The Equipment will provide radio frequency transport services, which will be used by Licensee’s customers to provide wireless telecommunications and data services to the residents and visitors of the City. The Equipment will be designed to accommodate an initial carrier customer (“Initial Carrier”) providing the services. The Equipment may also allow additional carriers, besides the Initial Carrier, to provide the services from the Equipment (“Additional Carriers”). D. The Equipment may include antenna, nodes, radios, wireless microwave and backhaul facilities, cabling, power sources, equipment enclosures and related equipment to be located on the streetlights, as described and diagrammed in Exhibit A attached hereto and incorporated herein by reference. E. Licensee has rights to use the City’s ROW to deploy the Equipment under state and federal law, including, but not limited to, California Public Utilities Code sections 1001, 7901 and 7901.1 and California Government Code section 50030. F. The right to occupy portions of the ROW for limited times, for the business of providing telecommunications services, is a valuable economic privilege, the economic benefit of which should be shared with all taxpayers of the City. G. Licensee is willing to compensate the City in exchange for use of and physical occupation of City Poles. In consideration of the Recitals set forth above, the terms and conditions of this 7.B.a Packet Pg. 28 Attachment: Mobilitie-Gilroy Right of Way Agreement (1677 : M 18-11 Mobilitie Wireless Telecomm. Right-of-way Agreement) 2 Agreement and other valuable consideration, the adequacy of which is hereby acknowledged, the parties agree as follows: 1) Scope of Use Agreement. All rights expressly granted to Licensee under this Agreement, which shall be exercised at Licensee’s sole cost and expense, are subject to the prior and continuing right of the City under applicable law to use all parts of the ROW exclusively or concurrently with any other person or entity, provided that such use does not unreasonably interfere with Licensee’s use of the ROW, and are further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title record that may affect the ROW. Furthermore, all work performed pursuant to the rights granted by this Agreement is subject to the prior review and approval of the City in accordance with its customary permitting procedures. Notwithstanding the foregoing or anything else in this Agreement to the contrary, Licensee shall not be required to obtain additional governmental approvals for modification to the Equipment if such modification (i) does not materially affect the radiofrequency use by the Equipment; (ii) involves only substitution of internal components, and does not result in any change to the external appearance, dimensions, or weight of the Equipment; or (iii) involves replacement of the Equipment with Equipment that is the same, or smaller in weight and dimensions as the approved Equipment. Licensee shall send notification of any such changes to the equipment to the City a minimum of thirty (30) days prior to any work to affect such changes. Nothing in this Agreement may be deemed to grant, convey, create, or vest in Licensee a real property interest in land, including any fee, leasehold interest, or easement. Notwithstanding the foregoing, Licensee is hereby notified that any property interest deemed to have been created by or as a result of this Agreement may be subject to property taxation, and Licensee may be subject to the payment of property taxes levied on the interest. 2) Interference. In the performance and exercise of its rights and obligations under this Agreement, Licensee shall not interfere in any manner with the existence and operation of any public or private rights-of-way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, electroliers, cable television and telecommunications facilities, utilities, or other municipal facilities, without the express written approval of the owner or owners of the affected property or properties, except as authorized by applicable laws and this Agreement. In the event that Equipment causes interference or disturbance in violation of FCC rules and regulations with radio or television reception within 500 feet of the Equipment, Licensee shall repair the Equipment within thirty (30) days of notification or cease its operation and attempt to remedy said interference. 3) Public Safety & Public Works Communication Systems. The following provisions apply to any public communication system (“Public System”) operated by a public agency. a) Public Safety Communication System — If any of the frequencies used by the Equipment, whether that Equipment is the antennas, the amplifiers, or any other Equipment, are close to frequencies used by the Public System used by the City of 7.B.a Packet Pg. 29 Attachment: Mobilitie-Gilroy Right of Way Agreement (1677 : M 18-11 Mobilitie Wireless Telecomm. Right-of-way Agreement) 3 Gilroy and other state and county agencies for public safety purposes, Licensee acknowledges the proximity may require extraordinary engineering measures, especially in the choice of frequencies and radio ancillary hardware, to prevent avoidable interference. Currently, the City of Gilroy public safety operates in the 150 to 170 MHz range; howe ver, City of Gilroy public safety will be transitioning to a 700 MHz combination 150/700 analog and digital system. Prior to the installation of Equipment, Licensee shall coordinate the use of frequencies and all Equipment with the City’s Public Safety Communications Supervisor to minimize, to the greatest extent possible, any interference with the existing and planned Public Systems. During this process, the “Best Practices Guide,” as published by the Association of Public Safety Communications Officials-International, Inc. and as endorsed by the FCC, shall be followed. b) Public Works Communication System — If any of the frequencies used by Equipment, whether that Equipment is the antennas, the amplifiers, or any other Equipment, are close to frequency of the Public Works communication system used by the City of Gilroy and other state and county agencies, Licensee of acknowledges the proximity may require extraordinary engineering measures, especially in the choice of frequencies and radio ancillary hardware, to prevent avoidable interference. Currently, the City of Gilroy Public Works operates at 453.900 MHz. The City of Gilroy Public Works will be working in both the 450 MHz range, as well as the 700MHz range when the new system is operational. Prior to the installation of Equipment, Licensee shall coordinate the use of frequencies and Equipment with the City’s Public Safety Communications Supervisor to minimize, to the greatest extent possible, any interference with the existing Public Works communications systems. c) Post-installation Test — Prior to activating the Equipment, Licensee shall provide a post-installation test, at Licensee’s expense and subject to the approval of the Gilroy Police, Fire, and Public Works staff via the City’s Public Safety Communications Supervisor, to identify any interference with the City’s Public System. The test shall address the cumulative effects of any other existing wireless communication facilities within the Equipment’s coverage area, and the qualified third party conducting the test shall be pre-approved by the City’s Public Safety Communications Supervisor. In the event that a level of interference that is unacceptable to the City, the “Best Practices Guide” shall be followed to attempt to resolve, to the greatest extent possible, any interference issues. If the Public Safety Communications Supervisor, in coordination with Police, Fire, and Public Works staff, determines that the proposed frequencies are not reasonably expected to interfere with the City’s Public System, testing under this section shall not be required. d) Future Interference Issues — Upon notification by a public agency regarding potential interference between the Equipment and the City’s Public System, Licensee shall meet with the public agency and follow the “Best Practices Guide” to attempt to resolve, to the greatest extent possible, any interference issues. e) Future Operational Frequency Changes — Once the Equipment becomes 7.B.a Packet Pg. 30 Attachment: Mobilitie-Gilroy Right of Way Agreement (1677 : M 18-11 Mobilitie Wireless Telecomm. Right-of-way Agreement) 4 operational, Licensee shall not make any changes to frequencies, channels, hardware or any other Equipment without first coo rdinating such changes with the City’s Public Safety Communications Supervisor to minimize, to the greatest extent possible, any interference with the Public System. The “Best Practices Guide” shall be followed during this process. A post-installation test may be required at the discretion of the City’s Public Works, Police, and Fire staff f) Single Point of Contact — Licensee may be contacted twenty-four hours a day by calling 877-244-7889 to report any emergency or frequency interference issues. Licensee shall also be required to promptly provide to the Community Development Department and the Communications Division any contact information changes that may occur from time to time. g) Termination — If in the City’s determination, Licensee’s Equipment is the cause of interference with the City’s Public System, Licensee will take immediate steps to remedy such interference, consistent with the provision of this section, and shall cooperate with Public Safety to that end. If such interference from Licensee’s Equipment rises to the level which interferes with the City’s Public System and causes an impairment to the Public System, the City shall contact Licensee at the number in the section above, and Licensee shall use commercially reasonable efforts to shut down the Equipment which is the cause of the impinging frequency within 1 hour. If Licensee is unable to shut down the interfering Equipment within such 1 hour-period despite commercially reasonable efforts, the City may use the disconnect switch installed by Licensee to shut down the power to the Equipment at the site of the Equipment provided that the City has informed Licensee that it is going to do so by contacting Licensee’s single point of contact set forth above. Nothing in this section limits the City’s ability to take any steps reasonably deemed necessary by the City, in its discretion, to shut down Licensee’s Equipment if necessary to prevent material injury to persons or property 4) Construction. Licensee shall comply with all applicable federal, state, and City technical specifications and requirements and all applicable state and local codes related to the construction, installation, operation, maintenance, and control of the Equipment installed pursuant to this Agreement. Licensee may not attach, install, maintain, or operate any Equipment without the City’s prior written approval for each location. 5) Damage to Public Way. Whenever the installation, maintenance, removal, or relocation of Equipment permitted in conjunction with this Agreement causes the ROW to be damaged, Licensee, at its sole cost and expense, shall promptly repair and return the ROW in which the Equipment is located to a safe and satisfactory condition as directed by, and to the satisfaction of the City’s Public Works Director, including but not limited to the application for and approval of necessary City permits to complete such repairs. 6) Most Favored Municipality Clause. If Licensee enters into an attachment, right-of-way, or franchise agreement with another municipality within Santa Clara 7.B.a Packet Pg. 31 Attachment: Mobilitie-Gilroy Right of Way Agreement (1677 : M 18-11 Mobilitie Wireless Telecomm. Right-of-way Agreement) 5 County (not including the City of San Jose) and such agreement contains a Pole Rent, or substantially similar compensation mechanism, pursuant to which such other municipality is more highly compensated than City under this Agreement, City shall have the right, commencing on the fifth anniversary of the Effective Date and every subsequent fifth anniversary of the Effective Date thereafter, to require that Licensee modify this Agreement to incorporate the same or substantially the same Pole Rent or other substantially similar compensation, mutatis mutandis, as such other agreement. 7) No Authorization to Provide Other Services. Licensee represents that its Equipment installed pursuant to this Agreement shall be used solely for the purpose of providing telecommunications services pursuant to Licensee’s CPCN and Licensee’s customers’ FCC licenses. Licensee shall not use its Equipment to offer or provide any other services not specified herein. Licensee’s failure to comply with these limitations shall constitute a material breach of this Agreement and City, after providing written notice to Licensee, may begin to levy monetary penalties in an amount not to exceed $1,000 per day, ten (10) days after City issues written notice until the breach is cured. ARTICLE 1 INSTALLATION OF SMALL CELL EQUIPMENT ARTICLE 1.1 Permitted Installation. Licensee may at Licensee’s sole cost and expense and during the Term of this Agreement, locate, place, attach, install, operate, use, control, repair, upgrade, enhance and maintain in the City’s ROW the Equipment depicted and described in Exhibit A. Licensee shall undertake and perform any work authorized by this Agreement in a skillful, diligent, and workmanlike manner. ARTICLE 1.2 Compliance with Laws. This Agreement is subject to any and all applicable Laws and the parties shall comply with any such Laws in the exercise of their rights and performance of their obligations as such are allocated under this Agreement. “Laws” or “Law” as used in this Agreement means any and all statutes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, permits, approvals or other applicable requirements of the City or other governmental entity or agency having joint or several jurisdiction over the parties to this Agreement or having jurisdiction that is applicable to any aspect of this Agreement, that are in force on the Effective Date and as they may be enacted, issued or amended during the Term of this Agreement. Applicable laws and regulations include but are not limited to those set forth by the Federal Communications Commission (“FCC”) and the PUC. ARTICLE 1.3 Permits. Licensee shall obtain any discretionary, nondiscretionary, and/or ministerial permits relating to the installation of the Equipment to the extent required by Law, including without limitation, those permits listed below (the “Permits”). 1.3.1 Architectural and Site Permits. Licensee shall obtain approval of necessary Architectural and Site Permits by the City’s Planning Manager for requisite permitting of the time, place, and manner of the proposed installation of antennas and related 7.B.a Packet Pg. 32 Attachment: Mobilitie-Gilroy Right of Way Agreement (1677 : M 18-11 Mobilitie Wireless Telecomm. Right-of-way Agreement) 6 antenna Equipment in the City’s ROW . 1.3.2 Encroachment Permits. Licensee shall obtain any necessary encroachment permits from the City for the installation of the Equipment and for any other work within the City’s ROW if required by the City’s Municipal Code (“Code”). 1.3.3 Building Permits. Licensee shall obtain any necessary Building Permits from the City for the installation of the Equipment and for any other work within the City’s ROW if required by the Code. 1.3.4 Compliance with Permits. All work within the City’s ROW shall be performed in strict compliance with the applicable Permits and all applicable regulatory requirements. ARTICLE 1.4 Compensation. Licensee and City agree that compensation should be as set forth below. 1.4.1 Fee. In the first month following the issuance of the final Permit required to be obtained by Licensee to install Equipment in the City’s ROW in conformance with Exhibit A, Licensee shall pay to City an annual fee in the amount of one thousand five hundred dollars ($1,500) per streetlight (“Pole Rent”). 1.4.2 Pole Rent will increase by 3% per year starting on the first anniversary of the Effective Date of this Agreement until expiration of this Agreement or termination as set forth in Article 2 of this Agreement. For each Additional Carrier whose Equipment Licensee installs on a City Pole beyond the Initial Carrier whose Equipment Licensee installs on such City Pole, the Pole Rent for such City Pole shall increase by five hundred dollars ($500) per year, with the 3% increase to the Pole Rent for such Additional Carrier starting after the first year such Additional Carrier’s Equipment is installed. If an Additional Carrier’s Equipment is installed in the middle of the Initial Carrier’s rental year, the Pole Rent for the Additional Carrier shall be paid concurrently with the Pole Rent for the Initial Carrier and shall be prorated as appropriate. 1.4.3 City Reimbursement. If Licensee fails to perform work authorized or required under this Agreement, City shall provide Licensee written notice of such failure. Licensee shall cure the default to the reasonable satisfaction of City within thirty (30) days after receiving the notice of default. Alternatively, if Licensee determines that such default is not curable within thirty (30) days, Licensee shall promptly provide City with an estimated date upon which the default shall be cured, not to exceed ninety (90) days from receipt of the notice of default, and shall cure the default within the time frame provided. If Licensee fails to comply with the time frames specified above, including completion of work no later than ninety (90) days after receipt of notice of default, the City shall have the option to perform or cause to be performed the necessary work. City may charge Licensee for reasonable costs associated with the work. Upon receipt of a demand for payment by City, Licensee shall reimburse City for those costs within thirty (30) days. ARTICLE 1.5 Hazardous Materials. 7.B.a Packet Pg. 33 Attachment: Mobilitie-Gilroy Right of Way Agreement (1677 : M 18-11 Mobilitie Wireless Telecomm. Right-of-way Agreement) 7 1.5.1 Hazardous Materials on City Poles. Licensee shall not introduce any Hazardous Materials (as defined below) to the City Property (excluding any Hazardous Materials which are components of commercially available products) unless the Hazardous Materials are transported, obtained, handled, stored, and/or disposed of in accordance with all federal, state, and local laws, ordinances, rules, regulations, or policies. 1.5.2 Hazardous Materials Defined. The term “Hazardous Material(s)” shall mean any toxic or hazardous substance, material, or waste or any pollutant or contaminant or infectious or radioactive material, including but not limited to, those substances, materials, or wastes regulated now or in the future under any of the following statutes or regulations and any and all of those substances included within the definitions of “hazardous substances,” “hazardous waste,” “hazardous chemical substance or mixture,” “imminently hazardous chemical substance or mixture,” “toxic substances,” “hazardous air pollutant,” “toxic pollutant” or “solid waste” in the (a) “CERCLA” or “Superfund” as amended by SARA, 42 U.S.C. Secs. 9601 et seq., (b) RCRA, 42 U.S.C. Secs. 6901 et seq., (c) CWA, 33 U.S.C. Secs. 1251 et seq., (d) CAA, 42 U.S .C. Secs. 7401 et seq., (e) TSCA, 15 U.S.C. Secs. 2601 et seq., (f) The Refuse Act of 1899, 33 U.S.C. Secs. 407, (g) OSHA, 29 U.S.C. Secs. 651 et seq. (h) Hazardous Materials Transportation Act, 49 U.S.C. Secs. 5101 et seq., (i) USDOT Table (49 CFR Sec. 172.101 App. A and amendments) or the EPA Table (40 CFR Part 302 and amendments), (j) Carpenter- Presley-Tanner Hazardous Substance Account Act, Cal. Health & Safety Code Secs. 25300 et seq., (k) California Hazardous Waste Control Act, Cal. Health & Safety Code Secs. 25100 et seq., (l) Porter-Cologne Act, Cal. Water Code Secs. 13000 et seq., (m) Hazardous Waste Disposal Land Use Law, Cal. Health & Safety Code Sec. 25220 et seq., (n) “Proposition 65,” Cal. Health and Safety Code Sec. 25249.5 et seq., (o) Hazardous Substances Underground Storage Tank Law, Cal. Health & Safety Code Sec. 25280 et seq., (p) California Hazardous Substance Act, Cal. Health & Safety Code Secs. 108100 et seq., (q) Air Resources Law, C al. Health & Safety Code Secs. 39000 et seq., (r) Hazardous Materials Release Response Plans and Inventory, Cal. Health & Safety Code Secs. 25500 et seq., (s) TPCA, Cal. Health and Safety Code Secs. 25208 et seq., and (t) regulations promulgated pursuant to said laws or any replacement thereof, or as similar terms are defined in the federal, state and local laws, statutes, regulations, orders or rules. Hazardous Materials shall also mean any and all other substances, materials and wastes which are, or in the future become regulated under applicable local, state or federal law for the protection of health or the environment, or which are classified as hazardous or toxic substances, materials or wastes, pollutants or contaminants, as defined, listed or regulated by any federal, state or local law, regulation or order or by common law decision, including, without limitation, (i) trichloroethylene, tetracholoethylene, perchloroethylene and other chlorinated solvents, (ii) any petroleum products or fractions thereof, (iii) asbestos, (iv) polychlorinated biphenyls, (v) flammable explosives, (vi) urea formaldehyde, and (vii) radioactive materials and waste. 1.5.3 Hazardous Materials Indemnity. Licensee shall indemnify, defend (by counsel reasonably acceptable to City), protect and hold City harmless from and against any and all claims, liabilities, penalties, forfeitures, losses, and/or expenses, including, without limitation, diminution in value of the City Poles or City property, damages for the 7.B.a Packet Pg. 34 Attachment: Mobilitie-Gilroy Right of Way Agreement (1677 : M 18-11 Mobilitie Wireless Telecomm. Right-of-way Agreement) 8 loss or restriction on use of the rentable or usable space or of any amenity of City Poles or, damages caused by any adverse impact or marketing of the City Poles and sums paid in settlement of claims, response costs, cleanup costs, site assessment costs, attorneys’ fees, consultant and expert fees, judgments, administrative rulings, or orders, fines, costs of death of or injury to any person or damage to any property whatsoever (including, without limitation, groundwater, sewer systems and atmosphere) to the extent caused by, either prior to or during the Term, the presence or discharge in, on, under or about the City Poles by Licensee, Licensee’s agents, employees, Licensee or invitees or at Licensee’s direction, of Hazardous Material, or by Licensee’s failure to comply with any Hazardous Materials Law, whether knowingly or by strict liability. Licensee’s indemnification obligations shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary Hazardous Materials management plan, investigation, repairs, cleanup or detoxification or decontamination of the City Poles or project, and the presence and implementation of any closure, remedial action or other required plans, and shall survive the expiration of or early termination of the Term. For purposes of the indemnity, any acts or omissions of Licensee or its employees, agents, customers, assignees, contractors, or subcontractors of Licensee (whether or not they are negligent, intentional, willful, or unlawful) shall be strictly attributable to Licensee. 1.5.4 City’s Right to Perform Tests. At any time during the Term, City shall have the right to enter upon City Poles in order to conduct tests of water and soil and to deliver to Licensee the results of such tests to demonstrate that levels of any Hazardous Materials in excess of permissible levels has occurred as a result of Licensee’s use of the City Poles. Licensee shall be solely responsible for and shall indemnify, protect, defend and hold City harmless from and against all claims, costs and liabilities including actual attorneys’ fees and costs arising out of or in connection with any removal, remediation, clean up, restoration and materials required hereunder to return the City Poles and any other property of whatever nature to their condition existing prior to the appearance of the Hazardous Materials introduced by Licensee. The testing shall be at Licensee’s expense if City has a reasonable basis for suspecting and confirms the presence of such Hazardous Materials in the soil or surface or groundwater in on, under, or about the City Poles or the project, which has been caused by or resulted from the activities of Licensee, its agents, employees, contractors, or invitees. Licensee shall demonstrate that the antenna meets or exceeds all appropriate FCC requirements. Licensee shall provide results of any test results on the antenna prepared for the FCC or any other testing body. 1.5.5 Survival. This entire Article 1.5 of this Agreement shall survive termination of the Agreement, as to any activities during the Term or Renewal Term of this Agreement. 1.5.6 Termination of License. City shall have the right to terminate the Term of the Agreement in City’s sole and absolute discretion in the event that (i) any anticipated use of the City Poles or City property by Licensee involves the generation or storage, use, treatment, disposal, or release of Hazardous Material in a manner or for a purpose prohibited or regulated by any governmental agency, authority or Hazardous Materials Laws; (ii) Licensee has been required to take remedial action in connection with 7.B.a Packet Pg. 35 Attachment: Mobilitie-Gilroy Right of Way Agreement (1677 : M 18-11 Mobilitie Wireless Telecomm. Right-of-way Agreement) 9 Hazardous Material contaminating the City Poles or City property, if the contamination resulted from Licensee’s action or use of the City Poles or City property; or (iii) Licensee is subject to an enforcement order issued by any governmental authorit y in connection with the release, use, disposal, or storage of a Hazardous Material on the City Poles or City property. ARTICLE 2 TERM AND TERMINATION ARTICLE 2.1 Term. The initial term of this Agreement shall be for ten (10) years beginning on the Effective Date of this Agreement (“Initial Term”). The Agreement shall automatically renew for two (2) additional 10-year terms (“Renewal Term”) unless either party delivers to the other a written notice within 180 days prior to the expiration of the Initial Term or Renewal Term, if any, of its intent not to renew. The Initial Term and Renewal Term collectively are referred to herein as the “Term.” ARTICLE 2.2 Termination of Use. Notwithstanding Article 2.1 above, Licensee may terminate its use and right to use of any or all of the ROW locations set forth in Exhibit A by providing the City with sixty (60) days prior written notice and removing its Equipment from such ROW location during the 60-day notice period. If Licensee removes all of its Equipment from all City’s ROWs, Licensee may terminate this Agreement at any time by providing the City with thirty (30) days prior written notice. ARTICLE 3 REMOVAL AND RELOCATION ARTICLE 3.1 Removal Due to Public Project. Except to the extent not permitted by Law, upon receipt of a written demand from the City pursuant to this Article 3, Licensee, at its sole cost and expense, shall remove and relocate, within a 90-day period after the notification, any part of the Equipment, constructed, installed, used and/ or maintained by Licensee under this Agreement, whenever the City reasonably determines that the removal and/or relocation of any part of the Equipment is needed for any of the following purposes: (a) due to any work proposed to be done by or on behalf of the City or any other governmental agency, including but not limited to, any change of grade, alignment or width of any street, sidewalk or other public facility, installation of curbs, gutters or landscaping and installation, construction, maintenance or operation of any underground or aboveground facilities such as sewers, water mains, drains, storm drains, pipes, gas mains, poles, power lines, telephone lines, cable television lines and tracks; (b) because any part of the Equipment is interfering with or adversely affecting the proper operation of City-owned light poles, traffic signals, or other City facilities; or (c) to protect or preserve the public health and safety. Notwithstanding the foregoing, if a City-imposed condition of approval associated with a permit issued to private developer requires the relocation of the Equipment, all reasonable costs to relocate shall be borne by the developer using Licensee’s vendors. 7.B.a Packet Pg. 36 Attachment: Mobilitie-Gilroy Right of Way Agreement (1677 : M 18-11 Mobilitie Wireless Telecomm. Right-of-way Agreement) 10 The City shall cooperate with Licensee in relocating any portion of the Equipment removed pursuant to this Article 3.1 in a manner that allows Licensee to continue providing service to its customers, including, but not limited to, expediting approval of any necessary permits required for the relocation of that portion of the Equipment relocated under this Article. ARTICLE 3.2 Removal Due to Termination. Except to the extent not permitted by Law, no later than one hundred eighty (180) days after termination of this Agreement pursuant to the provisions of this Agreement, Licensee shall, at its sole cost and expense, remove the Equipment and, if such removal disturbs the City’s ROW, restore the City’s ROW to its original condition, including landscaping and related irrigation equipment that was disturbed or removed by Licensee (as such may have been modified over the Term), reasonable wear and tear excepted, and further excepting Licensee-installed landscaping and related irrigation equipment, or other aesthetic improvements made by Licensee to the City’s ROW at the City’s discretion. Alternatively, the City may allow Licensee to abandon its Equipment in place at the City’s discretion, and transfer them, at Licensee’s sole cost to the City. Licensee shall abandon any and all fiber placed in the City’s ROW and associated conduit in place and convey it to the City. ARTICLE 3.3 Abandonment. In the event Licensee ceases to operate or maintain, and abandons the Equipment, or any part thereof, for a period of ninety (90) days or more, Licensee shall, at its sole cost and expense and within the time period specified in this Article 3.3, vacate and remove the Equipment or the abandoned part thereof. If such removal disturbs the City’s ROW, Licensee shall also, at its sole cost and expense, restore the City’s ROW to its original condition, reasonable wear and tear excepted, and further excepting landscaping and related irrigation equipment, or other aesthetic improvements made by Licensee to the City’s ROW. Alternatively, the City may allow Licensee to abandon its Equipment in place at the City’s discretion, and convey, at Licensee’s sole cost to the City. Licensee shall abandon any and all fiber placed in the City’s ROW and associated conduit in place and convey to the City without delay. ARTICLE 4 MAINTENANCE AND REPAIR ARTICLE 4.1 Electricity Use. Licensee shall pay the servicing utility company for the electricity its Equipment consumes in its operations at the rate charged by the servicing utility company. City will continue to pay for electricity consumed for operation of its street lighting. ARTICLE 4.2 Maintenance and Repair. Licensee shall, at Licensee’s sole cost and expense, perform all maintenance and repairs reasonably needed to maintain the Equipment in good condition and appearance, and in compliance with all applicable Laws. In the event any part of the Equipment requires replacement because such part 7.B.a Packet Pg. 37 Attachment: Mobilitie-Gilroy Right of Way Agreement (1677 : M 18-11 Mobilitie Wireless Telecomm. Right-of-way Agreement) 11 cannot be repaired, Licensee shall, at Licensee’s sole cost and expense, replace the irreparable part of the Equipment. ARTICLE 4.3 Repair of ROW. Licensee shall be responsible for any damage, ordinary wear and tear excepted, to street pavement, existing facilities and utilities, curbs, gutters, sidewalks, landscaping, and all other public or private facilities to the extent caused by Licensee’s construction, installation, maintenance, access, use, repair, replacement, relocation, or removal of the Equipment in the City’s ROW (“Licensee’s Activities”). Licensee shall promptly repair such damage and return the City’s ROW and any affected adjacent property to a safe and satisfactory condition to the City in accordance with the City’s applicable street restoration standards or to the property owner if not the City. Additionally, Licensee shall receive approval of any required Permits, including but not limited to Public Works Encroachment Permits, for any repair work. Licensee’s obligations under this Article 4.3 shall survive for one (1) year past the completion of such reparation and restoration work and return of the affected part of the City’s ROW by Licensee to the City. ARTICLE 4.4 Bond. Licensee shall provide a bond in an amount of $5,000 per City Pole on which Licensee installs Equipment, which has been determined by the City to represent the estimated cost of Licensee’s obligations under Articles 3 and 4 of this Agreement, and the City may require Licensee to increase this amount from time to time (but no more frequently than every five years during the Term) to reflect the reasonable estimated increase in cost of performing such obligations, to secure performance of Licensee’s obligations under Articles 3 and 4. Bonds shall be in a form acceptable to the City and shall not be changed without City consent. ARTICLE 5 TAXES ARTICLE 5.1 Taxes. Licensee agrees that it will be solely responsible for the payment of any and all lawful taxes, fees and assessments levied on its use and maintenance of the Equipment. Pursuant to Section 107.6 of the California Revenue and Taxation Code, the City hereby advises, and Licensee recognizes and understands, that Licensee’s use of the City’s ROW may create a possessory interest subject to real property taxation and that Licensee may be subject to the payment of real property taxes levied on such interest. Licensee will cooperate with the Santa Clara County Assessor in providing any information necessary for the Assessor to make a property tax determination. Licensee reserves the right to challenge any such assessment, and the City agrees, at no cost or expense to City, to provide any public information, including but not limited to approved plans, to Licensee in connection with any such challenge. ARTICLE 6 INDEMNIFICATION 7.B.a Packet Pg. 38 Attachment: Mobilitie-Gilroy Right of Way Agreement (1677 : M 18-11 Mobilitie Wireless Telecomm. Right-of-way Agreement) 12 ARTICLE 6.1 Indemnity. Licensee shall indemnify, defend, and hold harmless the City, its council members, officers, employees, agents, and contractors (collectively “Indemnified Parties”), from and against liability, claims, demands, losses, damages, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, and the costs and expenses incurred in connection therewith, including reasonable attorneys’ fees and costs of defense (“Claims”) to the extent caused by the negligence or willful misconduct of Licensee or its officers, agents, employees, or contractors, any breach of this Agreement, or Licensee’s Activities (including but not limited to any actions related to electromagnetic frequencies), except to the extent such Claims arise from or are caused by the negligence or willful misconduct of the City or its Indemnified Parties. ARTICLE 6.2 Limitation of Liability. In all cases, not just those related to indemnification, neither party to this Agreement will be responsible to the other for consequential, indirect, special, incidental, or punitive damages. ARTICLE 6.3 Waiver of Claims. Licensee waives all claims, demands, causes of action, and rights it may assert against the City on account of any loss, damage, or injury to any portion of the Equipment, or any loss or degradation of the services provided by the Equipment resulting from any event or occurrence except to the extent of City’s (and its employees’, agents’, and contractors’) negligence, willful misconduct, or breach of this Agreement. ARTICLE 6.4 Limitation of City’s Liability. The City will be liable only for the cost of repair to damaged portions of the Equipment arising from the negligence, willful misconduct, or breach of this Agreement of City, its employees, agents, or contractors. ARTICLE 7 INSURANCE ARTICLE 7.1 Minimum Insurance Requirements. Licensee shall obtain and maintain at its sole cost and expense for the duration of this Agreement insurance pursuant to the terms and conditions described in this Article. The insurance coverage limits required herein may be satisfied by a combination of primary, umbrella, and/or excess liability insurance policies. a) Minimum Insurance. Licensee shall at all times during the Term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows: i) General Liability: A policy or policies of Comprehensive General Liability Insurance, with minimum limits of $2,000,000 combined single limit per occurrence for bodily injury, personal injury, death, loss and property damage resulting from wrongful or negligent acts by Licensee. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the 7.B.a Packet Pg. 39 Attachment: Mobilitie-Gilroy Right of Way Agreement (1677 : M 18-11 Mobilitie Wireless Telecomm. Right-of-way Agreement) 13 general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. ii) Automobile Liability: A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of $1,000,000 combined single limit per accident for bodily injury and property damage covering any vehicle utilized by Licensee in performing the work covered by this Agreement. iii) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the California Labor Code, and Employer’s Liability limits of $1,000,000 per accident. b) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions shall not exceed $25,000; provided, however, if Licensee’s insurance policy expressly provides (i) that the insurer is required to pay covered claims with no deduction for all or any part of the Licensee’s deductible, and (ii) insurer’s obligation to pay covered claims is triggered irrespective of whether or not the insured pays the deductible, then Licensee’s deductible shall not exceed $100,000 for Comprehensive General Liability Insurance, $100,000 for Comprehensive Vehicle Liability Insurance and $250,000 for Workers’ Compensation and Employer’s Liability coverage. c) Other Insurance Provisions. The policies shall contain, or be endorsed to contain, the following provisions: i) General Liability and Automobile Liability Coverage. 1) The City, and its elected and appointed council members, board members, commissioners, officers and officials (the “Insureds”) shall be named as additional insureds on all required insurance policies, except for Workers’ Compensation and Employer’s Liability policies. 2) Licensee’s insurance coverage shall be primary insurance as respects the Insureds with respect to the matters covered by this Agreement. Any insurance or self-insurance maintained by the Insureds shall be in excess of Licensee’s insurance and shall not contribute with it. 3) Any failure of Licensee to comply with reporting provisions of the policies shall not affect coverage provided to the Insureds. 4) Licensee’s insurance shall apply separately to each of the Insureds against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Each of the Insureds is subject to all policy terms and conditions and has an obligation, as an Insured, to report claims made against them to the insurance carrier. ii) Worker’s Compensation and Employers Liability Coverage: The insurer 7.B.a Packet Pg. 40 Attachment: Mobilitie-Gilroy Right of Way Agreement (1677 : M 18-11 Mobilitie Wireless Telecomm. Right-of-way Agreement) 14 shall agree to waive all rights of subrogation against the Insureds for losses arising from work performed by Licensee in the City’s ROW. iii) All Coverages. Except for non-payment of premium, each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days’ prior written notice has been given to the City. If for any reason insurance coverage is canceled or, reduced in coverage , or in limits, Licensee shall, within two (2) business days of notice from the insurer, notify the City by phone or fax of the changes to or cancellation of the policy and shall confirm such notice via certified mail, return receipt requested. d) Acceptability of Insurers. Insurance shall be placed with insurers admitted and licensed to do business in the State of California with an A.M. Best rating of no less than A:VII. e) Verification of Coverage. Licensee shall furnish the City with certificates of insurance required by this Article 7. The certificates for each insurance policy are to be signed by a person, either manually or electronically, authorized by that insurer to bind coverage on its behalf. All certificates are to be received and approved by the City before work commences. ARTICLE 7.2 Secondary Parties. In the event Licensee hires any independent contractors or agents (“Secondary Parties”) to locate, place, attach; install, operate, use, control, replace, repair or maintain the Equipment, Licensee shall require the Secondary Parties to obtain and maintain similar policy types and limits of insurance required by Article 7.1 of this Agreement. It shall be Licensee’s responsibility to ensure compliance with this Article 7.2. ARTICLE 8 MISCELLANEOUS PROVISIONS ARTICLE 8.1 No Waiver; Consents. The parties do not intend, and nothing in this Agreement shall be interpreted as, a waiver of any of Licensee’s rights under state and/or federal law, including, but not limited to, California Public Utilities Code section 7901 and 7901.1 and California Government Code section 50030. If either party holds an approval or consent right in connection with the other party’s performance hereunder, such approval or consent shall not be unreasonably withheld, conditioned, or delayed. ARTICLE 8.2 Nonexclusive Use. Licensee acknowledges that this Agreement does not provide Licensee with exclusive use of the City’s ROW or any municipal facility and that City retains the right to permit other providers of communications services to install equipment or devices in the City’s ROW and on municipal facilities. Licensee acknowledges that the City may make information 7.B.a Packet Pg. 41 Attachment: Mobilitie-Gilroy Right of Way Agreement (1677 : M 18-11 Mobilitie Wireless Telecomm. Right-of-way Agreement) 15 available to other providers of communications services concerning the presence or planned deployment of the Equipment in the City’s ROW. ARTICLE 8.3 Notices. All notices which shall or may be given pursuant to this Agreement shall be in writing and personally served or transmitted through first class, certified or registered United States mail return receipt requested and postage prepaid, or by reputable national private delivery systems, postage prepaid, to the following address or such other address of which a party may give written notice: City: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Attention: City Administrator With a copy to: Berliner Cohen, 10 Almaden Blvd., 11th Floor San Jose, CA 95113 Licensee: Mobilitie, LLC 660 Newport Center Drive, Suite 200 Newport Beach, CA 92660 Attn: West Asset Management With a copy to: Mobilitie, LLC 660 Newport Center Drive, Suite 200 Newport Beach, CA 92660 Attn: Legal Department Any notice required or provided for under this Agreement shall be deemed served at the time of personal service. Mailed notices will be deemed served as of the day of receipt. ARTICLE 8.4 Attorneys’ Fees. If legal action is brought by either party because of a breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to recover reasonable attorneys’ fees and court costs. ARTICLE 8.5 Transfers. Licensee shall provide thirty (30) days’ prior written notice to the City prior to any assignment of this Agreement to a third party. An assignment shall not be effective until the proposed assignee agrees in writing to 7.B.a Packet Pg. 42 Attachment: Mobilitie-Gilroy Right of Way Agreement (1677 : M 18-11 Mobilitie Wireless Telecomm. Right-of-way Agreement) 16 comply with, assume, and be subject to all the terms and conditions of this Agreement and the Code. No such assignment shall relieve Licensee of any obligation under this Agreement that accrued before such assignment. Without limiting any provision in this Agreement to the contrary, Licensee may in the ordinary course of its business and without the prior written consent of or notice to the City: (a) license the Equipment, or any portion thereof, to another person or enter into a license agreement with another person under which Licensee installs and maintains Equipment in the City’s ROW that is owned and/or operated by an Initial Carrier or Additional Carrier, (b) grant an indefeasible right of use interest in the Equipment or any portion thereof to another person, or (c) offer or provide capacity or bandwidth from the Equipment to another person, (provided that whether Licensee does any of these three things listed in (a)-(c) of this article, it or one of its affiliates must at all times retain exclusive responsibility for the Equipment, including for locating, servicing, repairing, maintaining, replacing, relocating, or removing the Equipment pursuant to the provisions of this Agreement. Licensee may, without the prior consent of City but following the provision of notice to the City, assign this Agreement to any Affiliate or to any entity acquiring all or substantially all of the assets of Licensee. For purposes of this Agreement, an “Affiliate” of Licensee is an entity under the control of Licensee or under common control with Licensee or is either a wholly-owned direct or indirect subsidiary of Licensee. ARTICLE 8.6 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, legal representatives, successors, assigns and transferees. ARTICLE 8.7 Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof. All prior and contemporaneous agreements, representations, negotiations, and understandings of the parties, oral or written, relating to the subject matter hereof, are merged into and superseded by this Agreement. Any modification or amendment to this Agreement shall be of no force and effect unless it is in writing and signed by the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar. No waiver or consent shall constitute a continuing waiver or consent or commit either party to provide a waiver in the future except to the extent specifically set forth in writing. No waiver shall be binding unless executed in writing by the party making the waiver. ARTICLE 8.8 Severability. If any one or more of the provisions of this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such provision or provisions shall be deemed separable from the remaining provisions of this Agreement and shall in no way affect the validity of the remaining portions of this Agreement. ARTICLE 8.9 Governing Law and Choice of Law. This Agreement shall be interpreted and enforced according to, and the parties’ rights and obligations governed by, the domestic law of the State of California, without regard to its laws regarding choice of applicable law. Any proceeding or action to enforce this Agreement 7.B.a Packet Pg. 43 Attachment: Mobilitie-Gilroy Right of Way Agreement (1677 : M 18-11 Mobilitie Wireless Telecomm. Right-of-way Agreement) 17 shall occur in the federal court with jurisdiction over Santa Clara County and the state courts located in Santa Clara County, California. ARTICLE 8.10 Survival of Terms. All of the terms and conditions in this Agreement related to payment, removal due to termination, indemnification, limits of City’s liability, attorneys’ fees and waiver shall survive termination of this Agreement. ARTICLE 8.11 Captions and Paragraph Headings. Captions and paragraph headings used herein are for convenience only. They are not a part of this Agreement and shall not be used in construing this Agreement. ARTICLE 8.12 Exhibits. All Exhibits referenced in this Agreement are hereby incorporated as though set forth in full herein. ARTICLE 8.13 Drafting. The parties agree that this Agreement is the project of joint draftsmanship and that should any of the terms be determined by a c ourt, or in any type of quasi-judicial or other proceeding, to be vague, ambiguous and/or unintelligible, that the same sentences, phrases, clauses or other wording or language of any kind shall not be construed against the drafting party in accordance with California Civil Code Section 1654, and that each party to this Agreement waives the effect of such statute. ARTICLE 8.14 Execution in Counterparts. This Agreement may be executed in one or more identical counterparts and all such counterparts together shall constitute a single instrument for the purpose of the effectiveness of this Agreement. ARTICLE 8.15 Authority to Execute This Agreement. Each person or persons executing this Agreement on behalf of a party, warrants and represents that he or she has the frill right, power, legal capacity and authority to execute this Agreement on behalf of such party and has the authority to bind such part y to the performance of its obligations under this Agreement without the approval or consent of any other person or entity. [Signatures on next page.] 7.B.a Packet Pg. 44 Attachment: Mobilitie-Gilroy Right of Way Agreement (1677 : M 18-11 Mobilitie Wireless Telecomm. Right-of-way Agreement) 18 [Signatures to RIGHT-OF-WAY AGREEMENT BETWEEN THE CITY OF GILROY AND MOBILITIE, LLC.] IN WITNESS WHEREOF, the parties have signed this Agreement as of the date set forth below. CITY LICENSEE City of Gilroy, a municipal corporation Mobilitie, LLC, a Nevada limited liability company By: By: Name: Gabriel Gonzalez Name: Title: City Administrator Title: Date: Date: APPROVED AS TO FORM: ATTEST: City Attorney City Clerk 7.B.a Packet Pg. 45 Attachment: Mobilitie-Gilroy Right of Way Agreement (1677 : M 18-11 Mobilitie Wireless Telecomm. Right-of-way Agreement) 19 EXHIBIT A Site Locations Small Cell Attachment Candidate Code Mobilitie Site ID Latitude Longitude Nearest Address SF90XS3E9B 9CAB013979 37.02414600 -121.56535900 Public ROW near 601 Leavesley Rd. SF90XS3B1D 9CAB013941 37.00587000 -121.56975300 Public ROW near 7371 Eigleberry St. Description of Equipment The equipment plans for Candidate Code SF90XS3E9B attached to that certain Uniform Application for Architectural/Site Review File # AS 17-17 (Encompass #17040010) received by the City’s Community Development Department Planning Division on April 17, 2017, and as further amended by Uniform Application for Minor Modification File # MM 18-17 (Encompass #18040021) approved by the Planning Division on April 16, 2018, are incorporated herein by this reference. The equipment plans for Candidate Code SF90XS3B1D attached to that certain Uniform Application for Architectural/Site Review File # AS 17-03 (Encompass #17020007) received by the City’s Community Development Department Planning Division on March 24, 2017 are incorporated herein by this reference. 7.B.a Packet Pg. 46 Attachment: Mobilitie-Gilroy Right of Way Agreement (1677 : M 18-11 Mobilitie Wireless Telecomm. Right-of-way Agreement) City of Gilroy STAFF REPORT Agenda Item Title: Approval of a Second Contract Amendment With Honeywell, Inc. Extending the Contract Term by Four Months and Associated Budget Amendment in the Amount of $42,000 Meeting Date: June 18, 2018 From: Gabriel Gonzalez, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Girum Awoke Walter Dunckel Strategic Plan Goals Fiscal Stability  Downtown Revitalization ☐ Economic Development ☐ Customer Service ☐Enhanced Public Safety RECOMMENDATION Approve a second amendment to the agreement with Honeywell Inc., and associated budget amendment in the amount of $42,000. BACKGROUND The City currently contracts with Honeywell International, Inc. for heating, ventilation, and air conditioning (HVAC) services for several buildings including City Hall, Gilroy Police Department, three fire stations, Senior Center, Wheeler Community Center, and the Corporation Yard. This contract also includes full-service mechanical maintenance to additional buildings including San Ysidro Park, Las Animas Veterans Park, Museum, Willey House, and the Temporary Environmental Education Center building located at Christmas Hill Park, which brings the total maintainable building space to 229,809 square feet. The contract provides full-service mechanical maintenance service to the HVAC systems in these buildings, including parts repair or replacement. City Facility Services staff provides HVAC maintenance services on small units at some buildings. 7.C Packet Pg. 47 DISCUSSION In April, 2013, a Request for Proposals (RFP) for the HVAC Services Contract was issued and three proposals were received. Based on the evaluation committee’s review of each proposal, Honeywell International, Inc. was unanimously selected as the most qualified firm for providing the highest degree of HVAC maintenance services to the City. In addition, Honeywell provided the lowest cost proposal. Honeywell has provided excellent preventive maintenance service to the City of Gilroy ove r the past years and is very responsive to calls for emergency service. FISCAL IMPACT The original three-year agreement cost of services for the proposed HVAC Services with Honeywell is in the amount of $112,485 for year 1, $114,735 for year 2, and $117,029 for year 3. A first contract amendment was approved by Council in July 2016 with total compensation of $120,540 for the period July 1, 2016 to June 30th, 2017 and $124,156 for the period July 1st, 2017 to June 30th, 2018. This second amendment seeks to extend the term of the contract through October 31, 2018 and add funds in the amount of $42,000 ensures that these services continue while a solicitation for a new service contract is prepared and a new vendor is selected. The following table summarizes the above mentioned information: From To Amount Remark Original Contract Effective July 1, 2013 Year 1 July 1st, 2013 June 30th, 2014 $112,485 Year 2 July 1st, 2014 June 30th, 2015 $114,735 Year 3 July 1st, 2015 June 30th, 2016 $117,029 First Amendment, Year 1 July 1st, 2016 June 30th, 2017 $124,156 Approved in July 2016 First Amendment, Year 2 July 1st, 2017 June 30th, 2018 $124,156 Second Amendment July 1st, 2018 October 31, 2018 $42,000 Services are provided on an as-needed basis. This amendment maintains the service level of the existing HVAC contract. The requested amount is within the budgeted amounts in the Facilities Fund. Attachments: 7.C Packet Pg. 48 1. Honeywell - 2013 Agreement for HVAC Services - Amendment No. 1 2. Honeywell - 2013 Agreement for HVAC Services - Amendment No. 2 06-12-18 3. Honeywell - 2013 Agreement for HVAC Services 7.C Packet Pg. 49 FIRST AMENDMENT TO HONEYWELL INC. AGREEMENT FOR SERVICES FOR PROJECT 14- RFP -ASD -372 HVAC SERVICES WHEREAS, THE City of Gilroy, a municipal corporation ("City"), and Honeywell Inc. entered into that certain agreement entitled Agreement for Services for Project 14- RFP -ASD -372, HVAC SERVICES, effective on July 1 ", 2013, hereinafter referred to as "Original Agreement"; and WHEREAS, City and Honeywell Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. ARTICLE 1. TERM OF AGREEMENT of the Original Agreement shall be amended to read as follows: This agreement will become effective on July 1", 2016 and will continue in effect through June 30`h, 2018 unless terminated in accordance with the provision of Article 7 of this Agreement or the term of the agreement is extended as described hereinafter. No extension, amendments, modifications, alterations, or changes to the terms of this Agreement shall be effective unless and until made in writing signed by moth parties hereto. 2. ARTICLE 4. COMPENSATION of the Original Agreement shall, be amended to read as follows: Inconsideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in exhibit "C" ( "Contractor Proposal "). In no event shall the total compensation paid to Contractor exceed $120,540.00 for the period July 1", 2016 to June 30`h, 2017 and $124,156.00 for the period July 1 ", 2017 to June 30th, 2018. 3. Exhibit A Section V., H., Notices of the Original.Agreement shall be amended to read as follows: Notices are to be sent as follows: CITY: Walter Dunckel City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 4. This amendment shall be effective on June 30th, 2016. 5. Except as previously modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall, constitute one and the same instrument. 7.C.a Packet Pg. 50 Attachment: Honeywell - 2013 Agreement for HVAC Services - Amendment No. 1 (1748 : Contract Amendment for Honeywell HVAC IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth beside their signatures below. CITY OF GILROY By: Name: Gabriel A. Gonzalez Title: City Administrator Date: Approved as to Forrn City Attorney HONEYWELL INC. By: Name: Title: SeA)icc [c Date: /8 /L 7.C.a Packet Pg. 51 Attachment: Honeywell - 2013 Agreement for HVAC Services - Amendment No. 1 (1748 : Contract Amendment for Honeywell HVAC CERTIFICATETIFICATE OF LIABILITY INSURANCE OOG6O018msople " "' CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL.THE TERMS, 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), AUTHORED POLICY Nualmh REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER IMPORTANT: IFW owUftate holder Is an ADDITIONAL INSURED, the poll lea) must have ADDITIONAL. INSURE) Provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terns and Conditions of the pollw. Oerfeln policies may regulre an endomemem. A statan nt o-n this cortlRcate does not confer rights to the oertlfleala holder In lieu of Such endomorderd(a). Xi PRODUCER I CONTACT Adn Risk Services Northeast, Inc. New York NY Office 199 water Street Nan York NY 10038-3551 USA EACH OCCURRENCE v p MOM (6 66) 283 -7122 600- 363 -0105 ELULADDRa84 rnational Inc. NI 07950 USA MURM" AFFORDING NA10 e Grewch insurance r I 22322MURERAoa INaw1ER a: XL Insurance America Inc 124554 ' 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. LIMITSIHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIpdbylOWp an s TYPN OF DOLMANce POLICY Nualmh LOOTS Xi GO&VAERCIALMENEM LLWMY R EACH OCCURRENCE SS.000,000 CLAWS41AOE M OCCUR 11W PREMISES ma mmummm) 55,000,000 Mm e2eP Wwvv Pneerin 550,000 PERSONAL A ADV 11UDRY 5,000,000 GEN'L AGGREGATE LINT APPLIES PER; GENERALAOGREGATE 5,000,000 X POLICY ElipeRCOT' 'LOC PRODUCTS• COMP,OP AGO Included OTHER: A AUTOROMAU UTr RAC943764203 AOS 04/01 /2016 04/01/2017 COMOLWO SINGLE LAST flM addern 35,000,000 aOORY power I For panenl BODILY WAROWNEDBCt1E0tA.mj, ANYAUT0 AUTOS ONLY AUTOS NOWNM6D PROPERTY DNBAGE ONLY AUTOS ONLY MweaddwO IUMRELLAUAg OURCCCt'AMOM EACH OCCURRENCE EXCESBLIAB AGGREGATE DED RETENTION e sORINR6COaFeNeATMNAND ROD 4354 04/01/2016 04/01/2017 X p OTµ C E IOYER6!41A RY I PARiHErt IeGCU11VE [fIn0 r tr DESdpIPTON OF OPERATIONS, W. MIA AOS RWC943540203 AK, WI 04/01/201604/Dl/2017 E.L. EACH ACCIDENT SS,000.OD0 EL _ _ EMPLOYEE SS.000.000 E.LDISSAST:,POUCVMT 5.000.000, C Excess SIC JUE943540403. 3P0-26 2017 EL Ea ACC t 5, 00 AZ, OH, WA EL Disease - Ea EMP S5,DOO,000 SIR applies per policy terfs condi ions EL Annual Aggregate 35,000,000= OaDCRIPYIm10FOPORAT ILOCATWMII MICLSa *RD 40 AOOMaml RelarYe Devote, Aw M AVewe nwereep. Is rnvlv4l I[PrOj• RE: City of Gilroy; Gilroy CA; Honeywell Contract a 400984191 [AI: City of Gilroy, its officers and employees] Are included as additional insured for General Liability and AUtedobile Liability with respect to Honeywell operations in connection with Honeywell Contract a 40098419. i City of Gilroy 7351 Rosanna St Gilroy CA 95020 USA ACORD 25 (2018103) CANCELLATION SHOULD ANY OF THE ABOVE DEWMM POLXM BE CM CBLLEO BEFORE THE EXPIRATION DAYS THWAF. NOTICE wOl BE OELVEEREGI US ACCORININCE WITH THE POLICY PROVMM . t! / G'i i 1988 -2015, ACoRD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD r Y m u 7.C.a Packet Pg. 52 Attachment: Honeywell - 2013 Agreement for HVAC Services - Amendment No. 1 (1748 : Contract Amendment for Honeywell HVAC AGENCY CUSTOMER UT: 570000054391 LOC A: AC4d' k. ADDITIONAL REMARKS_ SCHEDULE Page _ of _ ApENC'/ -- - - Ann Risk Services Northeast, Inc. NMQp R19URED Honeywell international Inc. POucrNUtmsN See Certificate Number: 570061522250 cALao=R- see certificate Number: 570061522250 NAZCOOE MWECrnE OAT=.: ADDmONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: CerUUoate of UabllRylnmuranoe INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for poUcy limits. MTS LLRR trr8 OFD1mIIRAnCL um SW" POLICY Nnr4ama POLICYrWz D roucv LtOtBAR Latm OTHER C RWE943540503 Excess WC - NN SIR applies per poll cy tei 04 1 2016 ms & Condit 0 2017 ns Excess WC Lielts are Statutory in AZ, OH, WA, & NN ACORD 101(200801) n 2008 ACORD CORPORATION. AR Moto naarved. The ACORD name and logo ars Laphtmed marks of ACORD 7.C.a Packet Pg. 53 Attachment: Honeywell - 2013 Agreement for HVAC Services - Amendment No. 1 (1748 : Contract Amendment for Honeywell HVAC POLICY NUMBER: RGC943763003 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY.. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES. OR CONTRACTORS -. SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or O nlzado s : Locations Of Covered Operations City of Gilroy, its officers and employees RE: City of Gilroy, Gilroy CA; Honeywell Contract # 40098419 Information required to complete this Schedule if not shown above will.be shown in the Declarations. A. Section Il — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s),at the location(s) designated above. B. With respect to the Insurance afforded to these additional Insureds, the following additional exclusions apply. This insurance does not apply to "bodily injury" or "property damage" occurring after. 1. All work, including materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the Injury or damage,aris4s has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 07 04 ISO Properties, Inc., 2004 Insurance Services Office, Inc. 7.C.a Packet Pg. 54 Attachment: Honeywell - 2013 Agreement for HVAC Services - Amendment No. 1 (1748 : Contract Amendment for Honeywell HVAC ISO I Commercial General Liability Fortes 107/01/04 POLICY NUMBER: COMMERCIAL RGC943763003 GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed O erations City of Gilroy, its officers and employees RE: City of Gilroy; Gilroy CA; Honeywell Contract 11140098419 Information required to complete this Schedule, if not shown above, will be shown. in the Declarations. Section If — Who Is An Insured is amended to Include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional Insured and included in the "products- completed operations hazard ". CG 20 37 07 04 ISO Properties, Inc., 2004 7.C.a Packet Pg. 55 Attachment: Honeywell - 2013 Agreement for HVAC Services - Amendment No. 1 (1748 : Contract Amendment for Honeywell HVAC 7.C.bPacket Pg. 56Attachment: Honeywell - 2013 Agreement for HVAC Services - Amendment No. 2 06-12-18 (1748 : Contract Amendment for Honeywell HVAC 7.C.bPacket Pg. 57Attachment: Honeywell - 2013 Agreement for HVAC Services - Amendment No. 2 06-12-18 (1748 : Contract Amendment for Honeywell HVAC AGREEMENT FOR SERVICES This AGREEMENT made this 17th day of June, 2013, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONTRACTOR: Honeywell International, Inc., having a principal place of business at 353A Vintage Park Drive, Foster City, CA 94404. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on July 1, 2013 and will continue in effect through June 30, 2016 unless terminated in accordance with the provisions of Article 7 of this Agreement. The CITY has an option to renew it for an additional two years upon written notice to CONTRACTOR. . ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONTRACTOR 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 CONTRACTOR or any employee or agent of CONTRACTOR. Both parties acknowledge that CONTRACTOR is not an employee for state or federal tax purposes. CONTRACTOR 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. CONTRACTOR shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR A. Specific Services CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR'S services. MDOLINGER \1070823.1 -1- 101712- 04706083 7.C.c Packet Pg. 58 Attachment: Honeywell - 2013 Agreement for HVAC Services (1748 : Contract Amendment for Honeywell HVAC Maintenance services) C. Employment of Assistants CONTRACTOR may, at the CONTRACTOR'S own expense, employ such assistants as CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONTRACTOR'S assistants in the performance of those services. CONTRACTOR 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 CONTRACTOR shall perform the services required by this Agreement at any place or location and at such times as CONTRACTOR shall determine is necessary to properly and timely perform CONTRACTOR'S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit "D" ( "Payment Schedule "). In no event however shall the total compensation paid to CONTRACTOR exceed $112,485.00 for year one, 114,734.70 for year two, and $117,029.39 for year three. B. Invoices CONTRACTOR shall submit invoices monthly 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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 1MDOLINGER11070823.1 -2- 101712 -04706083 7.C.c Packet Pg. 59 Attachment: Honeywell - 2013 Agreement for HVAC Services (1748 : Contract Amendment for Honeywell HVAC Maintenance services) CONTRACTOR, all fees, fines, licenses, bonds or taxes required of or imposed against CONTRACTOR and all other of CONTRACTOR'S costs of doing business. CITY shall not be responsible for any expenses incurred by CONTRACTOR in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." ARTICLE 5. OBLIGATIONS OF CONTRACTOR A. Tools and Instrumentalities CONTRACTOR shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase or rent any tools, equipment or services from CITY. B. Workers' Compensation CONTRACTOR agrees to provide workers' compensation insurance for CONTRACTOR'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 CONTRACTOR'S employees. C. Indemnification of Liability, Duty to Defend 1. As to professional liability, to the fullest extent permitted by law, CONTRACTOR 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 CONTRACTOR or CONTRACTOR'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, CONTRACTOR 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 CONTRACTOR or CONTRACTOR'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. 1MDOLINGER11070823.1 -3- 101712 -04706083 7.C.c Packet Pg. 60 Attachment: Honeywell - 2013 Agreement for HVAC Services (1748 : Contract Amendment for Honeywell HVAC Maintenance services) D. Insurance In addition to any other obligations under this Agreement, CONTRACTOR shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof. As a condition precedent to CITY'S obligations under this Agreement, CONTRACTOR shall furnish 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) 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 CONTRACTOR under this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONTRACTOR is not CITY'S employee, CONTRACTOR shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONTRACTOR acknowledges and agrees that: CITY will not withhold FICA (Social Security) from CONTRACTOR'S payments; CITY will not make state or federal unemployment insurance contributions on CONTRACTOR'S behalf, CITY will not withhold state or federal income tax from payment to CONTRACTOR; CITY will not make disability insurance contributions on behalf of CONTRACTOR; CITY will not obtain workers' compensation insurance on behalf of CONTRACTOR. ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONTRACTOR and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONTRACTOR'S duties under this Agreement. 1MDOLINGER11070823.1 -4- 101712- 04706083 7.C.c Packet Pg. 61 Attachment: Honeywell - 2013 Agreement for HVAC Services (1748 : Contract Amendment for Honeywell HVAC Maintenance services) B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONTRACTOR. Such assignment shall not release CONTRACTOR from any of CONTRACTOR'S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of CONTRACTOR's Business/ Death of CONTRACTOR. CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR'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 CONTRACTOR set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY' receipt of such notice of sale. If CONTRACTOR is an individual, this Agreement shall be deemed automatically terminated upon death of CONTRACTOR. B. Termination by City for Default of CONTRACTOR Should CONTRACTOR 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 CONTRACTOR. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: CONTRACTOR'S failure to professionally and /or timely perform any of the services contemplated by this Agreement. 2. CONTRACTOR'S breach of any of its representations, warranties or covenants contained in this Agreement. CONTRACTOR 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 U which have been fully, competently and timely rendered by CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONTRACTOR'S default in the performance of this Agreement or material breach by CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY may have, CONTRACTOR 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 CONTRACTOR for the performance of that task pursuant to this Agreement. MDOLINGER \1070823.1 "5' 101712 -04706083 7.C.c Packet Pg. 62 Attachment: Honeywell - 2013 Agreement for HVAC Services (1748 : Contract Amendment for Honeywell HVAC Maintenance services) C. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONTRACTOR 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, CONTRACTOR, at the CONTRACTOR'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 CONTRACTOR to CITY. D. Transition after Termination Upon termination, CONTRACTOR shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONTRACTOR shall cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in connection with this Agreement. CONTRACTOR 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 CONTRACTOR's duties by any new CONTRACTOR 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 CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR, its subcontractors, or the officers, employees, agents or representatives of either. C. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. 1MDOLINGER11070823.1 -6- 101712- 04706083 7.C.c Packet Pg. 63 Attachment: Honeywell - 2013 Agreement for HVAC Services (1748 : Contract Amendment for Honeywell HVAC Maintenance services) 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 CONTRACTOR 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, CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR and that no person associated with CONTRACTOR 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 CONTRACTOR 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. H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. MDOLINGER \1070823.1 -7- 101712 -04706083 7.C.c Packet Pg. 64 Attachment: Honeywell - 2013 Agreement for HVAC Services (1748 : Contract Amendment for Honeywell HVAC Maintenance services) I. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit "A ", Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. L. Waiver CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONTRACTOR: CITY: Honeywell International, Inc. CITY Off LROY By: oiv &FkAt r o f 4J-C y "'rPot By Na e: Janey Kaster Awwr t 17, 013 Nam .Anni(c:h I Title: District General Manager Title: City Administrator CAC+i ng Social Security or Taxpayer Identification Number 22- 2640650 Approved as to Form City Attorney MDOLINGER \1070823.1 -8- 101712 -04706083 ATTEST: Sha a Freels, Uty Clerk 7.C.c Packet Pg. 65 Attachment: Honeywell - 2013 Agreement for HVAC Services (1748 : Contract Amendment for Honeywell HVAC Maintenance services) EXHIBIT "A" SPECIFIC PROVISIONS PROJECT MANAGER CONTRACTOR 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, CONTRACTOR agrees to assign Stacey Marchuk, 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, CONTRACTOR 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 CONTRACTOR shall commence the Services upon delivery to CONTRACTOR 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, Rick Brandini, Facilities Superintendent shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONTRACTOR or if otherwise delivered as provided in the Section V.H. ( "Notices ") of this Exhibit "A ". B. COMPLETION OF SERVICES When CITY determines that CONTRACTOR has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONTRACTOR written Notice of Final Acceptance, and CONTRACTOR shall not incur any further costs hereunder. CONTRACTOR may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONTRACTOR has not completed all of such Services as required by this Agreement, CITY shall so inform CONTRACTOR 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 ". WDOLINGEM1070823.1 4- 101712-04706083 7.C.c Packet Pg. 66 Attachment: Honeywell - 2013 Agreement for HVAC Services (1748 : Contract Amendment for Honeywell HVAC Maintenance services) IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONTRACTOR as provided for in Article 4 of this Agreement. Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR'S representations and warranties regarding its skills, qualifications and licenses. CONTRACTOR 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 CONTRACTOR CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONTRACTOR 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 CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR'S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR 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 CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR shall maintain for a minimum period of three (3) years (from the date of final payment to MDOLINGER \1070823.1 -2- 101712 -04706083 7.C.c Packet Pg. 67 Attachment: Honeywell - 2013 Agreement for HVAC Services (1748 : Contract Amendment for Honeywell HVAC Maintenance services) CONTRACTOR), 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 CONTRACTOR, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. D. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONTRACTOR and all other written and oral information developed or received by or for CONTRACTOR and all other written and oral information submitted to CONTRACTOR in connection with the performance of this Agreement shall be held confidential by CONTRACTOR 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 CONTRACTOR which is otherwise known to CONTRACTOR or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONTRACTOR'S disclosure thereof) shall be deemed confidential. CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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, CONTRACTOR shall not be responsible for, and City shall indemnify CONTRACTOR 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. MDOLINGER \1070823.1 -3- 101712- 04706083 7.C.c Packet Pg. 68 Attachment: Honeywell - 2013 Agreement for HVAC Services (1748 : Contract Amendment for Honeywell HVAC Maintenance services) H. NOTICES. Notices are to be sent as follows: CITY: Rick Brandini City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONTRACTOR: Stacey Marchuk Honeywell 353 -A Vintage Park Drive Foster City, CA 94404 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.J. 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.J. do not apply. 1. DBE Program CONTRACTOR 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 CONTRACTOR warrants that he /she has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, 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. NDOLINGER11070823.1 -4- 101712 -04706083 7.C.c Packet Pg. 69 Attachment: Honeywell - 2013 Agreement for HVAC Services (1748 : Contract Amendment for Honeywell HVAC Maintenance services) EXHIBIT "B" SCOPE OF SERVICES All work to be performed per Request For Proposals for HVAC Services, Project No. 14- RFP -ASD -372, and submitted Proposal Dated May 9, 2013. Both the RFP and submitted Proposal are part of this agreement. 1MDOLINGER11070823.1 -1- 101712 -04706083 7.C.c Packet Pg. 70 Attachment: Honeywell - 2013 Agreement for HVAC Services (1748 : Contract Amendment for Honeywell HVAC Maintenance services) EXHIBIT "C" MILESTONE SCHEDULE This is a three -year contract beginning July 1, 2013 and will continue in effect through June 30, 2016, with an option to renew for two additional years, unless terminated in accordance with the provisions of Article 7 of this Agreement. IMOOLINGER11070823.1 4- 101712-04706083 7.C.c Packet Pg. 71 Attachment: Honeywell - 2013 Agreement for HVAC Services (1748 : Contract Amendment for Honeywell HVAC Maintenance services) EXHIBIT "D" PAYMENT SCHEDULE COST PROPOSAL — OPTION 1 - FULL - SERVICE MECHANICAL MAINTENANCE 14- RFP -ASD -372 1MDOLINGER11070823.1 101712 - 04706083 ANNUAL COST ANNUAL COST ANNUAL COST FOR 1St YEAR FOR 2nd YEAR FOR 3`d YEAR 7/1/13 - 6/30/14) 7/1/14 - 6/30/15) 7/1/15 —6/30/16) CHESTNUT FIRE STATION 3,608 39680.16 3,753.76 CHRISTMAS HILL PARK — 3,000 35060 35121.20 T.E.E.C. BUILDING CITY HALL 27,870 28,427.40 28,995.95 CITY HALL ANNEX 18,000 18,360 181727.20 CORPORATION YARD — ADMINISTRATION & FLEET 7,560 79711.20 79865.42 BUILDINGS LAS ANIMAS FIRE STATION 1,791 15826.82 15863.36 LAS ANIMAS VETERANS PARK 2,100 2,142 2,184.84RECREATIONBUILDING MUSEUM s 19791 15826.82 15863.36 POLICE DEPARTMENT s 22,870 23,327.40 23,793.95 SAN YSIDRO PARK 15800 15836 19872.72RECREATIONBUILDING SENIOR CENTER 12,300 125546 129705.12 SUNRISE FIRE STATION 13,551 139822.02 149098.46 WHEELER COMMUNITY 4,244 4,328.88 4,415.46 CENTER WILLEY HOUSE 2,000 2,040 2,080.80 TOTAL ANNUAL COST 122,485 124 934.70 127 433.39FORALLFACILITIES VOLUME DISCOUNT 112,485 114,734.70 117,029.39 1MDOLINGER11070823.1 101712 - 04706083 7.C.c Packet Pg. 72 Attachment: Honeywell - 2013 Agreement for HVAC Services (1748 : Contract Amendment for Honeywell HVAC Maintenance services) CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD / 307/01/2013 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). PRODUCER Aon Risk Services Northeast, Inc. New York NY Office CONTACT NAME: faCC..NN . E:t): (866) 283 -7122 FAX No.): 800- 363 -0105 E-MAILADDRESS: 199 Water Street New York NY 10038 -3551 USA INSURER(S) AFFORDING COVERAGE NAIC # RGC INSURED INSURER A Greenwich insurance Company 22322 Honeywell International Inc. 101 Columbia Road Morristown NJ 07962 USA INSURER B: XL Insurance America Inc 24554 INSURER C: XL Specialty insurance Co 37885 INSURER D: INSURER E: 5,000,000 INSURER F: COVERAGES CERTIFICATE NUMBER: 570050589828 REVISION NUMBER: 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. Limits shown are as requested ILTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM (MM MMIDD/YYYY LIMBS A GENERAL LIABILITY RGC EACH OCCURRENCE 5,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO D PREMISES Eaa occurrence 5,000,000 CLAIMS -MADE X] OCCUR MED EXP (Any one person) 50,000 PERSONAL &ADV INJURY 5,000,000 GENERAL AGGREGATE 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG 5,000,000 X POLICY PRO- LOC AUTOMOBILE LIABILITY RAC9437642 All Other States 04/01/70-13 04/01/2014 COMBINED SINGLE LIMIT Ea accident) 5,000,000 BODILY INJURY( Per person) X ANY AUTO RAC9437644 04/01/2013 04/01/2014 A ALL OWNED SCHEDULED AUTOS AUTOS MA RAC9437643 04/01/2013 04/01/2014 BODILY INJURY (Per accident) X HIRED AUTOS X NON -OWNED AUTOS NH - Primary $1M PROPERTY DAMAGE Per accident UMBRELLA LIAR EACH OCCURRENCE EXCESS LIAB HOCCUR CLAIMS -MADE AGGREGATE DED RETENTION B C WORKERS COMPENSATION AND EMPLOYERS'LUABILITY Y/N ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED N/A RWD9435403 All other States RWC9435402 04/01/2013 04/01/2013 04/01/2014 04/01/2014 X WC STATU- OTH- TORY LIMITS E.L. EACH ACCIDENT 5,000,000 E.L. DISEASE -EA EMPLOYEE 5,000,000MandatoryinNH) Wisconsin Ir yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT 5,006,000 C Excess WC RWE9435404 04/01/2013 04/01/2014 EL Each Accident 5,000,000 Excess WC (AZ, OH, WA) EL Disease - Policy 5,000,000 SIR applies per policy terns condi ions EL Disease - Ea Emp' 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Prof: RE: City of Gilroy; Gilroy CA; Honeywell Contract # 400984191 [AI: City of Gilroy, its officers and employees] are included as additional insured for General Liability and Automobile Liability with respect to Honeywell operations in connection with Honeywell Contract # 40098419. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Gilroy AUTHORIZED REPRESENTATIVE 7351 Rosanna St Gilroy CA 95020 USA s i rte! cllt+t'prd` 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD d w c dL d 9 0 S N WCn 2 Ln O U) OZ d R V w rr dV V 7.C.c Packet Pg. 73 Attachment: Honeywell - 2013 Agreement for HVAC Services (1748 : Contract Amendment for Honeywell HVAC Maintenance services) AGENCY CUSTOMER ID: 570000054391 LOC #: o ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk Services Northeast, inc. NAMEDINSURED Honeywell International Inc. POLICY NUMBER See certificate Number: 570050589828 CARRIER See Certificate Number: 570050589828 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER SUBR INSURER POLICY EFFECTIVE INSURER LIMITS INSURER TYPE OF INSURANCE ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR ADDL SUBR POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR TYPE OF INSURANCE INSR WVD DATE DATE MM/DD /YYYY) MM/DD/YYYY) OTHER c RWE9435405 04/01/2013 04/01/2014 Excess wC (NM) SIR applies per policy to ms & conditions A Excess Auto Lia RAo9437645 Excess Auto NH $4M X $1M 04/01/2013 04/01/2014 Combined single Limit 4,000,000 ACORD 101 (2008101) © 2008 AGURD WKYUKAIIUN. A11 ngnm reserves. The ACORD name and logo are registered marks of ACORD 7.C.c Packet Pg. 74 Attachment: Honeywell - 2013 Agreement for HVAC Services (1748 : Contract Amendment for Honeywell HVAC Maintenance services) POLICY NUMBER: RGC9437630 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization (s): Locations Of Covered Operations City of Gilroy, its officers and employees RE: City of Gilroy; Gilroy CA; Honeywell Contract # 40098419 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ISO Properties, Inc., 2004 Insurance Services Office, Inc. 7.C.c Packet Pg. 75 Attachment: Honeywell - 2013 Agreement for HVAC Services (1748 : Contract Amendment for Honeywell HVAC Maintenance services) ISO I Commercial General Liability Forms 107/01/04 POLICY NUMBER: RGC9437630 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization (s). Location And Description Of Completed Operations City of Gilroy, its officers and employees RE: City of Gilroy; Gilroy CA; Honeywell Contract 40098419 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard ". CG 20 37 07 04 ISO Properties, Inc., 2004 7.C.c Packet Pg. 76 Attachment: Honeywell - 2013 Agreement for HVAC Services (1748 : Contract Amendment for Honeywell HVAC Maintenance services) City of Gilroy STAFF REPORT Agenda Item Title: Consideration of the Placement of Property Liens for the Non- payment of Charges for the Collection of Garbage, Rubbish and Refuse in the City of Gilroy Meeting Date: June 18, 2018 From: Gabriel Gonzalez, City Administrator Department: Finance Department Submitted By: Jimmy Forbis Prepared By: Jimmy Forbis Strategic Plan Goals Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Customer Service ☐Enhanced Public Safety RECOMMENDATION Adoption of a Resolution of the City Council of the City of Gilroy imposing special assessment liens for the costs of delinquent garbage collection services for certain properties located in Gilroy, California. BACKGROUND In 1997, the City and South Valley Disposal and Recycling, Inc. (SVDR and now Recology South Valley (Recology)) entered into an exclusive franchise agreement. Under the agreement Recology provides mandatory garbage and refuse service, intended to protect the health, safety and welfare of the residents of Gilroy through the assurance of regular collection and sanitary disposal of garbage. Ultimately, the property owner is held accountable for non-payment by a tenant. ANALYSIS As part of the collection process, Recology notified property owners of delinquent accounts on a monthly basis. In addition, Recology issued notices outlining the delinquency process which notified the property owners of the administrative hearing 8.A Packet Pg. 77 process. The administrative hearing allows the property owner to appeal their account to the City Finance Director. Recology and the City conducted an administrative hearing session during the current year (April 12, 2018) in an attempt to give the property owners more opportunity for timely appeal of their accounts. One property owner attended and their appeal was denied. The final notice was sent to the remaining delinquent accounts via certified mail on May 11, 2018. This notice explained the process, and outlined the procedures that Rec ology was following to collect on the accounts. The deadline for payment was June 15, 2018 at 12pm. The Final Report (as of June 7, 2018) is attached which includes accounts amounting to $28,964.68. A revised report and updated amounts will be provided just prior to the Council meeting on June 18, 2018. This total includes the total collection fee charged by the Santa Clara County Tax Collector’s Office of $286.78. This public hearing is to consider the Finance Director’s final report. The Council may adopt, revise, reduce or modify any charge shown in the Final Report. Pursuant to the provisions of Municipal Code §12.23-9, the Council’s review of the Final Report shall be limited to the evidence presented at the Finance Director’s administrative hearing. ALTERNATIVES None. FISCAL IMPACT/FUNDING SOURCE Approval of the Final Report does not impact the City’s budget. The City will collect the delinquent amounts through the County tax roll on behalf of Recology. CONCLUSION Staff recommends that the Final Report be approved, confirmed and adopted, along with an approval of the Resolution regarding the imposition of the related liens. NEXT STEPS Once approved, the Final Report and Resolution shall be delivered to the County Auditor of the County of Santa Clara so that special assessments may be levied upon these accounts. PUBLIC OUTREACH This action was publicly noticed and all delinquent account holders were notified in billings and through specific mailings outlying the process for collection. Attachments: 1. 2018 Garbage Lien Resolution 2. Exhibit A - Garbage Lien Status Update June 7 2018 8.A Packet Pg. 78 1 RESOLUTION NO. 2018-XX RESOLUTION NO. 2018-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY IMPOSING SPECIAL ASSESSMENT LIENS FOR THE COSTS OF DELINQUENT GARBAGE COLLECTION SERVICES FOR CERTAIN PROPERTIES LOCATED IN GILROY, CALIFORNIA WHEREAS, the City Council of the City of Gilroy finds that regular and prompt collection of garbage and refuse is necessary to protect the health, safety and welfare of the residents of this City of Gilroy (“City”); and WHEREAS, the City Council finds that to insure and protect the health, safety and welfare of the residents of the City, providing for garbage and refuse collection service by exclusive franchise is necessary; and WHEREAS, the City and South Valley Disposal and Recycling, Inc. (“SVDR”) have entered into an exclusive franchise agreement to provide that garbage and refuse services required by the City subject to the provisions, terms and conditions set forth in the Franchise Agreement (“Agreement”), dated September 2, 1997, as amended; and WHEREAS, pursuant to Gilroy City Code Sections 12.23-2 through 12.23-12, the City and SVDR have implemented a lien procedure for the collection of delinquent garbage and refuse customer billings; and WHEREAS, SVDR (now Recology South Valley or “Recology”) notified property owners of delinquent accounts on a monthly basis, and issued notices explaining the delinquency process, including the availability of the City’s administrative hearing process; and WHEREAS, the City conducted an administrative hearing, on April 12, 2018; and 8.A.a Packet Pg. 79 Attachment: 2018 Garbage Lien Resolution (1684 : Garbage Liens) 2 RESOLUTION NO. 2018-XX WHEREAS, on or about May 11, 2018, Recology sent a final notice by certified mail to the property owners and tenants with outstanding delinquent accounts and set the final deadline for payment on June 15, 2018. This notice also stated that Recology would assign the delinquent accounts to the City for lien procedures in order to collect the amounts due as a special assessment if they were not timely paid; and also included the date and time of the City Council meeting to review the Director’s Final Report. WHEREAS, after the time period to hold the administrative hearings had expired, the Director issued a Final Report to the City Council and Recology; and WHEREAS, a duly noticed public hearing was held on June 18, 2018, at which hearing the Council considered all testimony and evidence, including the Final Report and any protests previously submitted regarding the amount of the assessment against the property owner’s property. NOW, THEREFORE, BE IT RESOLVED that: 1. The Director’s Final Report is hereby approved, confirmed and adopted in every particular without modification. 2. The special assessment liens for garbage collection services as presented in the Final Report, attached hereto as Exhibit “A” and incorporated herein by this reference, are hereby approved and ordered to be filed in the office of the City Clerk as a permanent record and to remain open to public inspection. 3. The special assessments as set forth in the Final Report shall include the delinquent garbage and refuse collection service charges, administrative charges and the collection fee charged by the Santa Clara County Tax Collector’s Office, and are hereby levied and assessed against the properties as identified in the Final Report, and are hereby ordered to be collected upon the last equalized, secured tax rolls upon which the property taxes are collected. They shall be in addition to all other property taxes levied, and shall be collected together with, and not separate therefrom, and enforced in the same manner and by the same persons at the same time and with the same penalties and interest of said property taxes. All laws applicable to the collection and enforcement of said property taxes shall be applicable to said special assessment levies. 4. Said Final Report together with the certificate of the City Clerk as to the facts and the date of final approval, confirmation and adoption by Resolution by the City Council, shall be 8.A.a Packet Pg. 80 Attachment: 2018 Garbage Lien Resolution (1684 : Garbage Liens) 3 RESOLUTION NO. 2018-XX forwarded to the Santa Clara County Tax Collector, who shall thereafter deliver said Final Report, as adopted, to the officer of the County of Santa Clara designated by law to extend property taxes upon the tax roll. PASSED AND ADOPTED this 18th day of June, 2018, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ______________________________ Roland Velasco, Mayor ATTEST: ___________________________________ Shawna Freels, City Clerk 8.A.a Packet Pg. 81 Attachment: 2018 Garbage Lien Resolution (1684 : Garbage Liens) Customer Name Service Address Apt# Owner Name Owner Addr 2 Owner City State Acct # APN# Lien $County FeeTotalMENDOZA, STELLA 1383 OUSLEY DRIVE GHOLAMIPOUR,M & M A TRUST 585 BAUMAN CT MORGAN HILL CA 1202753 783-22-041 136.36 1.36 137.72BIGELOW, QUINTER 1585 WELBURN AVENUE BIGELOW,QUINTER 1585 WELBURN AVE GILROY CA 923417 783-26-003 285.32 2.85 288.17SUMISAKI, ROY 8665 MUIR DRIVE SUMISAKI,ROY M & GLORIA 8665 MUIR DR GILROY CA 180554 783-26-017 136.83 1.37 138.20WALLACE, JOHN 9270 JACARANDA WAY WALLACE,JOHN 9270 JACARANDA WAY GILROY CA 976183 783-34-029 136.83 1.37 138.20HERNANDEZ, EMILY MARIE 9298 CALLE DEL REY HERNANDEZ,ESMERALDA & EMILY ET PO BOX 463 CARLSBAD NM 1239755 783-34-121 95.37 0.95 96.32HARVILLE, KURTIS 1355 MANTELLI DRIVE HARVILLE,KURTIS & ALISHA 1355 MANTELLI DR GILROY CA 702670 783-35-067 95.37 0.95 96.32BROWN, KELLEY 1636 BRENTWOOD LANE HUNT,RON & VALERIE 1636 BRENTWOOD LN GILROY CA 1254184 783-36-052 68.42 0.68 69.10BELL, MELISSA 9098 SOLEDAD STREET BELL,MARTHA I TR 9098 SOLEDAD ST GILROY CA 1125921 783-37-043 273.66 2.74 276.40HERNANDEZ, RAMONA LEE 9330 BENBOW DRIVE HO,PHUONG NGOC 1057 HOLLY HILL DR SAN JOSE CA 1238617 783-48-104 133.95 1.34 135.29MARTINEZ, ESMERALDA 9357 RODEO DR SANCHEZ,FRANCISCO J & ESMERALD 871 KOSHARE ST GILROY CA 1187673 783-49-019 136.83 1.37 138.20BARAJAS, JULIO 9251 MOCKINGBIRD LN CADENA,OLIVIA 9251 MOCKINGBIRD LN GILROY CA 1005883 783-50-018 95.37 0.95 96.32LANCASTER, KRIS 1400 BRIARBERRY LANE LANCASTER,KRIS D & LAURA 1400 BRIARBERRY LN GILROY CA 1245257 783-50-079 95.37 0.95 96.32LAZARO, ALAN D. 1407 BRIARBERRY LANE LAZARO,ALAN D & DELYN N 1407 BRIARBERRY LN GILROY CA 451773 783-50-109 95.37 0.95 96.32BROWN, JACQUE 9261 LOGANBERRY DR COLLA,ROBERT & JACQUELYN 9261 LOGANBERRY DR GILROY CA 251314 783-51-008 136.83 1.37 138.20QUEHL, MIRIAM 9081 LOGANBERRY DR QUEHL,JOSE R & MIRIAM 9081 LOGANBERRY DR GILROY CA 340836 783-51-015 136.83 1.37 138.20BLESSING, DOUGLAS 1487 FINCH LANE BLESSING,DOUGLAS P 1487 FINCH LN GILROY CA 276345 783-51-076 136.83 1.37 138.20GUIZAR, MARIA ALMA 9207 TWINBERRY LANE GUIZAR,JUAN C & MARIA A 9207 TWINBERRY WAY GILROY CA 1204262 783-51-078 161.81 1.62 163.43BENDER, RICHARD 1462 GOSHAWK CT BENDER,RICHARD C JR 1462 GOSHAWK CT GILROY CA 876318 783-51-100 136.83 1.37 138.20PHARIS, TERI & ROD 1550 PEREGRINE DRIVE PHARIS,RODNEY B & TERI S 1550 PEREGRINE DR GILROY CA 1122563 783-56-011 136.83 1.37 138.20LIM, SHEILA 1674 VALLEY OAKS DR LIM,HENJI & SHEILA S ETAL 4142 GRAACH CT SAN JOSE CA 1194141 783-57-022 136.83 1.37 138.20CHIARA, AL 1671 VALLEY OAKS DR CHIARA,ALAN W & BARBARA M 1671 VALLEY OAKS DR GILROY CA 604587 783-57-036 136.83 1.37 138.20VARELA, SOLEDAD & RAFAEL 1146 SPRIG WAY VARELA,SOLEDAD G & MARIA ETAL 1146 SPRIG WAY GILROY CA 945519 783-62-037 95.37 0.95 96.32ZISSEN, DAVE 9740 DESERT BLOOM PLACE CHRISTOPHER PALMS LLC 305 BLOOMFIELD AVE GILROY CA 1007988 783-69-080 126.48 1.26 127.74VILLA, EWELINA 1511 LONGMEADOW CT VILLA,RIQUE A 1511 LONGMEADOW CT GILROY CA 1098656 783-75-018 90.74 0.91 91.65MAHONEY, PATRICK 912 LYNX PLACE MAHONEY,PATRICK A 912 LYNX PL GILROY CA 1186204 783-77-031 95.37 0.95 96.32GILL, TUOI 1248 PAPPANI DRIVE GILL,THOMAS 1248 PAPPANI DR GILROY CA 467795 790-02-056 95.37 0.95 96.32MANCERA, SHANTE 1205 CHESBRO WAY CLARK,CHERYL ETAL 1205 CHESBRO WAY GILROY CA 145391 790-03-036 95.37 0.95 96.32DUTRA, AMBER 1160 PETERSEN DRIVE MARTINEZ,FRANCISCO N 1160 PETERSON DR GILROY CA 1085844 790-03-084 136.83 1.37 138.20GONZALEZ, RAYMOND & MICHAELA 111 STURLA WAY GONZALEZ,RAYMOND & MICHAELA 111 STURLA WAY GILROY CA 1010206 790-07-039 60.57 0.61 61.18LANDERS, LORI 30 STURLA WAY LANDERS,ERIC E & LORI D 30 STURLA WAY GILROY CA 987370 790-07-054 92.80 0.93 93.73SICARD, TROY 9020 FREEMAN COURT SICARD,TROY 9020 FREEMAN CT GILROY CA 162016 790-14-084 183.14 1.83 184.97LOPEZ, ALFREDO 191 RONAN AVENUE LOPEZ,ALFREDO 191 RONAN AVE GILROY CA 664706 790-15-051 90.74 0.91 91.65GARZA RUIZ, CECILIA 9167 EL VERANO WAY GARZA,RUIZ CECILIA M 9167 EL VERANO WAY GILROY CA 1049949 790-16-094 83.71 0.84 84.55IBARRA, MARIA 593 EL INVIERNO GUO,YIGANG 593 EL INVIERNO DR GILROY CA 1119700 790-16-102 87.83 0.88 88.71SAGRERO, JENNIFER 8985 DEL RIO CIRCLE XU,BINGXUE 210 THYME AVE MORGAN HILL CA 1147206 790-16-159 95.37 0.95 96.32MORENO, CYNTHIA 620 RONAN AVE BAINS,SATWINDER S & SHRINU 3989 S WALTON AVE YUBA CITY CA 1195668 790-17-024 134.80 1.35 136.15FLORES, MICHELLE 751 RAMONA WAY FLORES,MARIO SR & MICHELLE ETA 751 RAMONA WAY GILROY CA 848606 790-18-002 69.00 0.69 69.69THOMA, PAUL 8581 AMANDA AVENUE THOMA,PAUL F 3 & MELINDA W TR 8581 AMANDA AVE GILROY CA 137968 790-19-005 95.37 0.95 96.32GONZALES, RAY OR CHRISTINE 776 CARLA WAY CARREIRO,ISABELLE GONZALES TR 1250 CHESBRO WAY GILROY CA 142828 790-19-015 136.83 1.37 138.20FLUKER, DAVID 767 MARIA WAY FLUKER,DAVID J 767 MARIA WAY GILROY CA 360891 790-19-050 135.70 1.36 137.06LEON, MAURICIO 751 LAWRENCE DRIVE REYES,RUBEN R ETAL 751 LAWRENCE DR GILROY CA 1126200 790-19-070 357.25 3.57 360.82MC COY, DAVID 861 LAWRENCE DRIVE MCCOY,JEANNINE E & DAVID L 861 LAWRENCE DR GILROY CA 510123 790-19-097 273.66 2.74 276.40DAVIS, JONATHAN 855 CABRILLO CT DAVIS,JONATHAN P 855 CABRILLO CT GILROY CA 889899 790-19-111 95.37 0.95 96.32RUSH, VIRGINIA 754 GARY STREET RUSH,VIRGINIA 754 GARY ST GILROY CA 884007 790-20-016 98.53 0.99 99.52BES, ANITA AND SWANK, CARL 820-B EL CERRITO WAY B TEMPERINO,VINCENT E 4520 ROOP RD GILROY CA 1200799 790-22-017 95.53 0.96 96.49SALAZAR, DANIEL 810-C EL CERRITO WAY C TEMPERINO,VINCENT E 4520 ROOP RD GILROY CA 1226703 790-22-018 92.08 0.92 93.008.A.bPacket Pg. 82Attachment: Exhibit A - Garbage Lien Status Update June 7 2018 (1684 : Garbage Liens) Customer Name Service Address Apt# Owner Name Owner Addr 2 Owner City State Acct # APN# Lien $County FeeTotalSEPULVEDA, MICHAEL STEVEN 8370 PARISH WAY JEZ,MAREK J & ANGRA M 895 OLD ORCHARD RD CAMPBELL CA 1130798 790-22-036 95.37 0.95 96.32BIANCO, ROBERT 8325 WREN AVENUE SHUBERT,ERIC C & SHANA L 5727 SAN LORENZO DR SAN JOSE CA 1128883 790-22-049 136.83 1.37 138.20ESQUIVEL, ARACELI 790 WELBURN AVENUE ASHFORD,STEVEN R TR 8421 WAYLAND LN GILROY CA 1200674 790-24-019 51.51 0.52 52.03SUNIGA, DANIEL 8225 WAYLAND LANE SUNIGA,DANIEL L & BLANCA 8225 WAYLAND LN GILROY CA 200113 790-24-038 178.32 1.78 180.10NEWTON, CHELSEY JANAE 763-C EL CERRITO WAY C SCIUTTO,GEORGE J & ANITA L TR 535 RIVERVIEW DR CAPITOLA CA 1100122 790-24-072 95.37 0.95 96.32SUTHERLAND, KRISTINA 8417 WAYLAND LANE REYNOSO,JOSE JR ETAL 8417 WAYLAND LN GILROY CA 928119 790-25-013 378.32 3.78 382.10MAQUINALEZ, SARAH 521 ARNOLD DRIVE MAQUINALEZ,HENRY & BRENDA 8345 KERN AVE GILROY CA 1029347 790-29-008 95.37 0.95 96.32PEREZ, RACHELLE 561 ARNOLD DRIVE PEREZ,RACHELLE O 561 ARNOLD DR GILROY CA 138735 790-29-010 95.37 0.95 96.32PEREYRA, MARTIN & IRENE 480 ARNOLD DRIVE PEREYRA,DAVID 480 ARNOLD DR GILROY CA 138628 790-29-032 85.32 0.85 86.17YUMANN, PAMELA 8430 CARMEL STREET UMANN,PAMELA J 8430 CARMEL ST GILROY CA 858126 790-30-042 95.37 0.95 96.32SILVA, RICARDO 460 SHERWOOD DRIVE PEREZ,MANUEL O & LETICIA R 640 SHERWOOD DR GILROY CA 1034735 790-30-050 78.32 0.78 79.10TREVINO, MARISA 501 WELBURN TREVINO,EUGENE & MARISA 501 WELBURN AVE GILROY CA 1199975 790-30-077 133.66 1.34 135.00JONES, HARVEY 640 WELBURN AVENUE HUTCHINSON,NADINE J 640 WELBURN AVE GILROY CA 1077841 790-31-004 134.36 1.34 135.70HARKINS, JOHN & BARBARA 611 LA SIERRA WAY ESPINOSA,CECILIA ETAL 611 LA SIERRA WAY GILROY CA 172445 790-31-036 136.83 1.37 138.20RAMON, ALFREDO 7977 HANNA STREET RAMON,ALFREDO & MARGARITA 7977 HANNA ST GILROY CA 166694 790-32-002 256.19 2.56 258.75ROMERO, BRIAN 8390 CARMEL STREET ROMERO,BRIAN K 8390 CARMEL ST GILROY CA 144261 790-34-008 500.85 5.01 505.86SOARES, JOHN 8271 GLENWOOD DRIVE SOARES,DIANE M TR 8271 GLENWOOD DR GILROY CA 164004 790-34-014 189.95 1.90 191.85VELA, JUANA 230 GURRIES DRIVE LATZKE,MARCIA A & PAUL L 232 SPRING ST SANTA CRUZ CA 164590 790-35-025 190.74 1.91 192.65RODRIGUEZ, TERESA 238 GURRIES DRIVE LATZKE,MARCIA A & PAUL L 232 SPRING ST SANTA CRUZ CA 539874 790-35-025 85.32 0.85 86.17CAMACHO, RUDY 8002 #101 CHURCH STREET 101 HEWELL,MARK E & SABRINA L TR PO BOX 1901 GILROY CA 148320 790-37-010 132.73 1.33 134.06EREDIA, MICHAEL 8000 CHURCH STREET HEWELL,MARK E & SABRINA L TR PO BOX 1901 GILROY CA 911354 790-37-010 95.37 0.95 96.32GUTIERREZ, DELIA 8002 #101 CHURCH STREET 101 HEWELL,MARK E & SABRINA L TR PO BOX 1901 GILROY CA 1237833 790-37-010 95.37 0.95 96.32VELADOR, NICK 292 LOUPE COURT VELADOR,NICK & JUANITA 292 LOUPE CT GILROY CA 176578 790-38-030 278.32 2.78 281.10GUERRERO, JESSE 203 LOUPE COURT GUERRERO,JESSE I 203 LOUPE CT GILROY CA 822858 790-38-070 95.37 0.95 96.32BEVAN, TOM 8583 CULP DRIVE BEVAN,THOMAS M 8583 CULP DR GILROY CA 1119205 790-42-047 95.37 0.95 96.32GITMED,JAMES L & MARY E 9111 CONNELL COURT GITMED,JAMES L & MARY E 9111 CONNELL CT GILROY CA 1230564 790-47-012 94.58 0.95 95.53WALSH, CHARMAINE 188 HENNESSEY WAY FARMER,CHARMAINE E TR ETAL 215 BEEGUM WAY SAN JOSE CA 265207 790-47-055 190.74 1.91 192.65VELASQUEZ, MARIANO 70 FARRELL AVE CARRASCO,LUIS A & JACQUELINE R PO BOX 876 GILROY CA 682484 790-47-116 95.37 0.95 96.32HARRISON, D. KEITH & CINDY 8770 ZINNIA STREET HISERMAN,CYNTHIA E & JULIA M E 8770 ZINNIA ST GILROY CA 207381 790-51-048 178.32 1.78 180.10SOTO, JOHN & DONNA 828 MONTICELLI DR SOTO,JOHN & DONNA 828 MONTICELLI DR GILROY CA 1117985 790-52-027 95.37 0.95 96.32SERPA, MONICA 892 MORO DR SUN,SHIQI & JIANZHEN 12601 CAMBRIDGE DR SARATOGA CA 981514 790-52-053 190.74 1.91 192.65MATTIA, KHADIE 8751 CHURCH ST MATTIA,KHADIE 8751 CHURCH ST GILROY CA 327783 790-53-089 95.37 0.95 96.32MARSHALL, CHANDA 355 MANTELLI DR MARSHALL,CHANDA 355 MANTELLI DR GILROY CA 1245778 790-53-103 114.03 1.14 115.17CARRILLO, CLAUDIA 881 WOODCREEK WY CARRILLO,CLAUDIA PO BOX 250 GILROY CA 844431 790-55-031 95.37 0.95 96.32RODRIGUEZ, WILLIE 841 WOODCREEK WY RODRIGUEZ,WILLIE A 841 WOODCREEK WAY GILROY CA 1208230 790-55-036 190.74 1.91 192.65HERRERA, MICHAEL 710 TATUM AVE HERRERA,MICHAEL R 710 TATUM AVE GILROY CA 848374 790-56-016 95.37 0.95 96.32LUNA, RICHARD 9175 KERN AVE LUNA,RICHARD JR & LAURA A 9175 KERN AVE GILROY CA 1153972 790-56-017 78.32 0.78 79.10WALKER, ANGELA 982 MORO CT WALKER,ANGELA D & WILLIAM D 982 MORO CT GILROY CA 312694 790-58-001 136.83 1.37 138.20SIEBENHAAR, BRANDEN 8892 DAFFODIL PL SIEBENHAAR,BRANDEN M 8892 DAFFODIL PL GILROY CA 1105386 790-59-033 95.37 0.95 96.32PIN, CIONA 819 PADOVA DR MOEUNG,THEARY 819 PADOVA DR GILROY CA 887794 790-60-026 273.66 2.74 276.40DUKE, DIANNE 8885 KERN AVE DIAZ,TOSTADO MARCELO G 8885 KERN AVE GILROY CA 1168210 790-62-005 142.48 1.42 143.90DENNIS, JEFF & SHIRLEY 7841 CHURCH STREET DENNIS,SHIRLEY 7841 CHURCH ST GILROY CA 652222 799-01-046 170.64 1.71 172.35ROMAN, LUPE 7757 ROSANNA STREET WHITE,DOUG 2550 ROOP RD GILROY CA 848879 799-02-023 95.32 0.95 96.27SOUTHLAND, ERIN 358 2ND ST DONALDSON,NICOLE 5430 NICOLE WAY GILROY CA 1192483 799-02-039 90.32 0.90 91.22PENA, JOE OR KELLIE 7672 CHURCH STREET #B B BOZZO,JOHN J JR 6595 FURLONG AVE GILROY CA 147918 799-04-048 50.94 0.51 51.45HERNANDEZ, JOSIE 7610 ROSANNA STREET HERNANDEZ,JOSEFINA 7610 ROSANNA ST GILROY CA 974915 799-04-051 95.37 0.95 96.328.A.bPacket Pg. 83Attachment: Exhibit A - Garbage Lien Status Update June 7 2018 (1684 : Garbage Liens) Customer Name Service Address Apt# Owner Name Owner Addr 2 Owner City State Acct # APN# Lien $County FeeTotalGONZALEZ, ESPERANZA 7623 A&B ROSANNA STREET A&B GONZALEZ,RUBEN A & ESPERAZA D PO BOX 2170 GILROY CA 510859 799-05-009 190.74 1.91 192.65NUNO, JUAN CARLOS 7431 CHURCH STREET GREEN,GEORGE E & LYNDA M TR 10185 NEW AVE GILROY CA 1078401 799-07-006 95.37 0.95 96.32GARCIA, ROGELIO 161 W 7TH ST THEARD,MEGAN E TR 395 CHARGIN DR MORGAN HILL CA 1168434 799-08-022 285.32 2.85 288.17MUNOZ,VICTOR M JR 7256 ROSANNA STREET MUNOZ,VICTOR M JR 12945 SYCAMORE AVE SAN MARTIN CA 342477 799-09-020 136.83 1.37 138.20MATA, EVANGELINE 7272 EIGLEBERRY ST PERALES,ELODIA ETAL 280 E SAN MARTIN AVE SAN MARTIN CA 1222835 799-09-071 273.12 2.73 275.85AYALA, YOLANDA 7031 CHURCH STREET MUNOZ,JOSE L & MARTIN P ETAL 7027 CHURCH ST GILROY CA 902056 799-11-006 282.95 2.83 285.78JIMENEZ, ESMERALDA & JESSE 640 W 9TH ST ALVERNAZ,JOSE S & MARIA B ETAL PO BOX 366 SAN MARTIN CA 1199199 799-13-003 285.32 2.85 288.17LUJAN, EDWARD 611 W 10TH ST HUNT,RONALD & VALERIE 8670 DEL REY CT GILROY CA 1168640 799-13-054 135.80 1.36 137.16VILLALPANDO, MARIA DEL ROSARIO 7230 DOWDY STREET VILLALPANDO,MARIA D 499 CALIFORNIA AVE SAN MARTIN CA 1177302 799-15-018 471.20 4.71 475.91ORTIZ, CARLOS 7224 HANNA STREET #A A HINDS,JOE H & MARIANNE E TR 2060 WILDER CT GILROY CA 1233105 799-15-039 95.37 0.95 96.32GALVAN, JOE 7264 HANNA STREET GALBAN,JOSEPHINE 4837 FAITH HOME RD 30 CERES CA 376210 799-15-045 179.37 1.79 181.16HARO, MICHAEL & HOPE 7431 DOWDY STREET GAETA,MICHAEL A & MICHELLE D T 777 1ST ST GILROY CA 1179340 799-18-009 220.63 2.21 222.84WENTWORTH, ESTHER 7471 HANNA STREET WENTWORTH,ESTHER C ETAL 8581 AMANDA AVE GILROY CA 166108 799-18-026 95.37 0.95 96.32SANDHU, GAGAN DEEP 7410 DOWDY STREET SANDHU,GAGANDEEP S & NAVJOT K 7410 DOWDY ST GILROY CA 1251602 799-18-035 63.85 0.64 64.49TUCKNESS, KIRK 515 5TH STREET TUCKNESS,KIRK S & CRISTINA S E 5925 ALMEDA RD HOUSTON TX 1057736 799-19-024 190.74 1.91 192.65GOMEZ, SYLVIA H. 7991 CARMEL STREET #B B MONTES,JOSE O 180 E 6TH ST GILROY CA 1176775 799-21-001 111.53 1.12 112.65RODRIGUEZ, ABUNDIO 7860 MILLER AVENUE RODRIGUEZ,ABUNDIO G 7860 MILLER AVE GILROY CA 336099 799-21-033 209.36 2.09 211.45BARKER, JACINDA 7730 MILLER AVENUE BARKER,RONALD O & JACINDA A 7730 MILLER AVE GILROY CA 558338 799-22-013 125.43 1.25 126.68BOYER, DAVID 821 5TH STREET BOYER,DAVID B JR 821 5TH ST GILROY CA 1002344 799-24-019 378.32 3.78 382.10THOMA, PAUL & MELINDA 7560 MILLER AVENUE THOMA,MELINDA W & PAUL F III 8581 AMANDA AVE GILROY CA 179226 799-24-024 95.37 0.95 96.32PARKER, JOHN 763 CUMBERLAND DR PARKER,JOHN S & DEANNA 763 CUMBERLAND DR GILROY CA 362293 799-26-004 63.85 0.64 64.49GARZA, ROBERT JR 850 W 8TH ST GARZA,ROBERT JR 850 W 8TH ST GILROY CA 1238591 799-28-017 136.83 1.37 138.20PEREZ, HILARIO 6850 ROSANNA STREET ARELLANO,ARTURO L 6700 GARDEN CT GILROY CA 703488 799-32-005 253.32 2.53 255.85MASON, KELLY 6851 CHURCH STREET MASON,JAMES E TR 6851 CHURCH ST GILROY CA 146654 799-32-023 378.32 3.78 382.10NEWTON, DAVID AND COLLEEN 6740 CHURCH STREET NEWTON,BARBARA A & DAVID B ETA 6740 CHURCH ST GILROY CA 1030451 799-33-005 595.16 5.95 601.11HAECKEL, ANNE MARIE 42 SISTER CITY WAY HAECKEL,ANNE M TR 42 SISTER CITY WAY GILROY CA 1105527 799-33-097 179.37 1.79 181.16RAEL, MARK 7150 HARVARD PLACE PENALOZA,RIGOBERTO & AMY 7150 HARVARD PL GILROY CA 1097146 799-37-060 100.00 1.00 101.00VALENZUELA, SUSIE 706 W 9TH ST OCHOA,ROBERT L & MERCY E 1590 EL DORADO DR GILROY CA 1171453 799-38-029 153.07 1.53 154.60ALVAREZ, ISAAC 650 GLENVIEW COURT ALVAREZ,ISAAC 650 GLENVIEW CT GILROY CA 932590 799-40-028 73.66 0.74 74.40MARTINEZ, ANTHONY 6830 GLENVIEW DRIVE MARTINEZ,RADAMES & ROSA PO BOX 23491 SAN JOSE CA 1227875 799-40-049 464.40 4.64 469.04ROMERO, JOEL 6930 GLENVIEW DRIVE ROMERO,JOEL E 6930 GLENVIEW DR GILROY CA 1222801 799-40-055 179.37 1.79 181.16ACOSTA, JESSICA 605 JOHNSON WAY NGUYEN,HUNG QUOC 11485 NEW AVE GILROY CA 1116359 799-40-066 136.83 1.37 138.20HEWITT, BRIAN 6495 HASTINGS PLACE HEWITT,BRIAN ETAL 742 S 9TH ST 7 SAN JOSE CA 1023860 799-43-038 95.37 0.95 96.32TRAMMELL, JUSTIN 119 CHURCHILL PLACE TRAMMELL,JUSTIN M 119 CHURCHILL PL GILROY CA 895383 799-46-031 273.66 2.74 276.40ORMONDE, TRENT 1208 3RD ST ORMONDE,KAMRYN 1208 3RD ST GILROY CA 1203322 808-06-057 273.66 2.74 276.40LUNA, KATHERINE 1020 3RD ST BOYD,MARK R & JACQUELYN G 1380 SHORELINE DR SANTA BARBARA CA 533737 808-07-055 90.32 0.90 91.22HAMILTON, AMY 960 3RD ST GOMES,TIMOTHY & LIDIA TR 16420 RUSTLING OAK CT MORGAN HILL CA 1080704 808-07-059 95.37 0.95 96.32BRIGGS, LORETTA 1175 HACIENDA DRIVE BRIGGS,ROWAN & LORETTA TR 1175 HACIENDA DR GILROY CA 802173 808-09-013 136.83 1.37 138.20SALAZAR, CLAUDIA 7831 DRIFTWOOD TERR GUPTA,ABHAY 1013 WINDSOR ST SAN JOSE CA 1075365 808-10-037 95.37 0.95 96.32WILLIAMS, SARAH E 7821 SANTA THERESA DR FILICE,JOSEPH TR 30 KEYSTONE AVE MORGAN HILL CA 1219302 808-13-031 232.15 2.32 234.47BOSTOCK, GUY 911 2ND ST BOSTOCK,GUY M 911 2ND ST GILROY CA 604181 808-13-033 127.80 1.28 129.08MC INTOSH, WILLIAM 7367 MILLER AVENUE MCINTOSH,WILLIAM N 7367 MILLER AVE 100 GILROY CA 179010 808-16-007 189.95 1.90 191.85DALCIN, DEBORAH 1410 SEQUOIA TORO WEST INC ETAL 2716 OCEAN PARK BLVD 3006 SANTA MONICA CA 192864 808-26-019 136.83 1.37 138.20DORIA, JAMES 7377 THAYER COURT PAPPAS,DEAN & HEATHER ETAL 7377 THAYER CT GILROY CA 1244912 808-34-039 145.95 1.46 147.41JABR, NANCY 7325 HAGEN COURT JABR,AHMAD Y & NANCY M 7471 CARNOUSTIE CT GILROY CA 579730 808-35-009 95.37 0.95 96.32COSSIO, VANESSA 6111 STARLING DRIVE TRAN,THONG 6111 STARLING DR GILROY CA 1247873 808-39-023 102.62 1.03 103.658.A.bPacket Pg. 84Attachment: Exhibit A - Garbage Lien Status Update June 7 2018 (1684 : Garbage Liens) Customer Name Service Address Apt# Owner Name Owner Addr 2 Owner City State Acct # APN# Lien $County FeeTotalANDERSON, PATRICE 6370 RASPBERRY CT ANDERSON,WILLIAM H III & PATRI 6370 RASPBERRY CT GILROY CA 229435 808-40-066 90.74 0.91 91.65RAMOS, JESSICA 941 WILDGRASS CT RAMOS,JESUS & JESSICA 941 WILDGRASS CT GILROY CA 1045343 808-41-027 95.37 0.95 96.32HOLCOMB, BETHANN 6450 GREENFIELD DR DAUGHERTY,TODD E 123 VICTORIA LN APTOS CA 1165984 808-41-048 136.83 1.37 138.20DELGADO, JOSE 6413 POPPYFIELD ST DELGADO,JOSE 6413 POPPYFIELD ST GILROY CA 621722 808-41-059 85.32 0.85 86.17ALVARADO-HAYES, ESMERALDA 6412 POPPYFIELD ST VILLANUEVA,ROGER 6412 POPPYFIELD ST GILROY CA 1027325 808-41-067 95.37 0.95 96.32LONGAKER, LANCE 980 BROOK WY LONGAKER,LANCE J & RENEE M 980 BROOK WAY GILROY CA 473397 808-42-011 136.83 1.37 138.20LUNA, ANTHONY & JOANNE 957 ALTA OAK WY LUNA,JOANNE TR 975 ALTA OAK WAY GILROY CA 1175579 808-42-036 136.83 1.37 138.20LE, KEVIN 947 ALTA OAK WY LE KEVIN 947 ALTA OAK WAY GILROY CA 519488 808-42-037 95.37 0.95 96.32LEWIN, LINDA C. 7972 KIPLING CIR MILLER,D B & RADEVIC T 2013 TR 7972 KIPLING CIR GILROY CA 1245117 808-44-009 95.37 0.95 96.32RAMIREZ, TINA 7916 KIPLING CIR RAMIREZ,ALFREDO & ESTRELLA C 1045 W LATIMER AVE CAMPBELL CA 1176288 808-44-032 95.37 0.95 96.32PARSHALL, CRAIG & CATHIE 7923 KIPLING CIR PARSHALL,CRAIG A & CATHLEEN M 7923 KIPLING CIR GILROY CA 622258 808-44-044 190.74 1.91 192.65TAKHAR, SIMRAT 746 TENNYSON DR TAKHAR,SUKHRAJ S 746 TENNYSON DR GILROY CA 1155845 808-45-015 269.36 2.69 272.05TALAVERA, KATHY 7846 DICKENS WAY TALAVERA,KATHLEEN & BARBARA M 7846 DICKENS WAY GILROY CA 963553 808-45-028 85.32 0.85 86.17LAISURE, KAREN 7845 DICKENS WAY LAISURE,MARK E & KAREN J TR ET 7845 DICKENS WAY GILROY CA 977421 808-45-045 95.37 0.95 96.32MILLER, JOHANNA 1152 DE ANZA PLACE BROEKHOF,MILLER JOHANNA 44955 COUGAR CIR FREMONT CA 1242312 808-50-030 81.55 0.82 82.37BAGGA, HARMINDER SINGH N. 6349 ZINFANDEL DRIVE BAGGA,HARMINDER S N & PREETI 6349 ZINFINDAEL DR GILROY CA 1247949 808-52-042 71.53 0.72 72.25WANDREY, KARI 1027 RUBY WAY GARDNER,LELAND R SR & MARILYN 1027 RUBY WAY GILROY CA 1238195 808-52-088 136.83 1.37 138.20BEARDSLEY, MELISSA & ROBERT 5458 MESA ROAD BEARDSLEY,ROBERT R JR & MELISS 5458 MESA RD GILROY CA 584177 810-30-042 54.36 0.54 54.90ELLIOTT, SUSAN 5468 MESA ROAD ELLIOTT,MARK 5468 MESA RD GILROY CA 472407 810-30-044 95.37 0.95 96.32MOORE, MELISSA 5400 NICOLE WAY MOORE,MELISSA A & SHEA C 495 LA CANADA CT MORGAN HILL CA 458869 810-33-063 95.37 0.95 96.32HARRIS, PATRICIA 5595 MESA ROAD COLOMBO,JOSEPH M & SENTA L 1205 TALBRYN DR BELMONT CA 926550 810-33-089 95.37 0.95 96.32JABR, NANCY 7471 CARNOUSTIE CT JABR,AHMAD & NANCY 7471 CARNOUSTIE CT GILROY CA 1217868 810-46-037 95.37 0.95 96.32QUINBY, BEVERLY 7432 HOYLAKE CT QUINBY,PETE & BEVERLY J 7432 HOYLAKE CT GILROY CA 370007 810-50-040 358.74 3.59 362.33COLLINS, KEITH 2520 CLUB DR MAHGOUB,NIDAL A 2520 CLUB DR GILROY CA 1233329 810-52-031 94.81 0.95 95.76HOCK, GREG & CHERYL 6870 EAGLE RIDGE DR HOCK,GREGORY O & CHERYL A 6870 EAGLE RIDGE DR GILROY CA 915751 810-59-002 95.37 0.95 96.32GRISSOM, RYAN 7513 STRATH PLACE GRISSOM,RYAN & DOLORES 7513 STRATH PL GILROY CA 593913 810-67-013 136.83 1.37 138.20KOONTZ, KRISTINE AND THANE 7537 PICKEMAN CT KOONTZ,THANE & KRISTINE 7537 PICKEMAN CT GILROY CA 1067404 810-67-035 190.74 1.91 192.65CONLON, MICHELLE 7536 TURNBERRY WY CONLON,MICHELLE 7536 TURNBERRY WAY GILROY CA 499160 810-68-035 136.83 1.37 138.20ALCARAZ, JERRY 1810 ROSEMARY DRIVE ALCARAZ,CRISTELA M & JERRY 1810 ROSEMARY DR GILROY CA 1158773 810-84-066 109.36 1.09 110.45DE LA ROSA, MARIO 7831 CINNAMON WAY DE LA ROSA,MARIO & MARISELA 7831 CINNAMON WAY GILROY CA 1200138 810-85-019 136.83 1.37 138.20SANCHEZ, GERARDO 410 BURKE DRIVE SANCHEZ,GERARDO 410 BURKE DR GILROY CA 621011 835-03-002 146.24 1.46 147.70LASATER, GAIL OR 415 GARFIELD COURT LASATER,GAIL D 415 GARFIELD CT GILROY CA 162628 835-03-057 123.66 1.24 124.90VIRAMONTES, CAROLINA 452 MADISON COURT VIRAMONTES,CAROLINA C 452 MADISON CT GILROY CA 255349 835-03-064 95.37 0.95 96.32BARBOZA, DANNY 459 MADISON COURT BARBOZA,DANIEL 6831 CHURCH ST GILROY CA 176826 835-03-069 78.32 0.78 79.10DIAZ, LUZ M 400 KENNEDY COURT DIAZ,LUZ M 400 KENNEDY CT GILROY CA 994566 835-27-016 285.32 2.85 288.17ANDRADE, VANESSA 309 WALNUT LANE NAJAR,MARGARITA 309 WALNUT LN GILROY CA 981498 841-03-034 95.37 0.95 96.32JUAREZ AGUILAR, LUIS A 7720-B CHESTNUT STREET B CHONG,SANTIAGO LIU ETAL 797 BUGATTI PL MORGAN HILL CA 1231570 841-03-112 95.37 0.95 96.32DE LA CRUZ, ANEL 7565 CHESTNUT STREET TOSTE,EULINA F TRUST 9238 CALLE DEL REY GILROY CA 992032 841-05-005 95.32 0.95 96.27ZAPIEN, SANTOS 7536 FOREST STREET ZAPIEN,SANTOS G 7536 FOREST ST GILROY CA 1037951 841-05-014 179.37 1.79 181.16GUERRERO, GUSTAVO 7584 FOREST STREET REYES,RICHARD H & MARIA R TR PO BOX 32548 SAN JOSE CA 1212661 841-05-018 125.43 1.25 126.68VACA, GARY 7584 ALEXANDER ST VASQUEZ,JOHN A & KATHERINE R 435 LINCOLN CT GILROY CA 1080407 841-05-032 466.45 4.66 471.11PINEDA, EVA 7571 ALEXANDER ST #1/2 1/2 VASQUEZ,JOSEFINA 661 BRANT DR LOS BANOS CA 1090588 841-05-036 69.71 0.70 70.41ROPER, PATRICIA 7341 ALEXANDER ST ROPER,PATRICIA 10438 BYRON AVE OAKLAND CA 920173 841-08-013 273.66 2.74 276.40GUERRA, JESSICA 7347 MAPLE STREET ROSE,DON E & ELIODORA F 7351 MAPLE ST GILROY CA 1002369 841-09-029 95.37 0.95 96.32MUNOZ, RUTH 7351 MAPLE STREET ROSE,DON E & ELIODORA F 7351 MAPLE ST GILROY CA 1100916 841-09-029 57.11 0.57 57.68MAGALLANES, RODOLFO 7341 MAPLE STREET GOMEZ,LEONCIO LEONEL L 7341 MAPLE ST GILROY CA 940528 841-09-030 190.74 1.91 192.658.A.bPacket Pg. 85Attachment: Exhibit A - Garbage Lien Status Update June 7 2018 (1684 : Garbage Liens) Customer Name Service Address Apt# Owner Name Owner Addr 2 Owner City State Acct # APN# Lien $County FeeTotalLAZARO, VANITY 7330 MAPLE STREET BERNSTEIN,JAN A 7350 MAPLE ST GILROY CA 1104025 841-09-048 99.37 0.99 100.36MARQUEZ, RANDY 6670 MONTEREY RD YAHVA,NAAIM A ETAL 5780 OBATA WAY F GILROY CA 962654 841-14-008 273.69 2.74 276.43WALSH, CHARMAINE 512 HADLEY COURT FARMER,CHARMAINE E TR ETAL 215 BEEGUM WAY SAN JOSE CA 666677 841-53-041 190.74 1.91 192.65GONZALEZ, JUDY 490 ADAMS COURT PULIDO,JOSE L 490 ADAMS CT GILROY CA 137042 841-62-052 168.80 1.69 170.49TERRY-BATTLE, MARSHELL 8350 SPRINGDALE CT TERRY-BATTLE,MARSHELL L 8350 SPRINGDALE CT GILROY CA 452789 841-64-052 136.83 1.37 138.20BRISTER, CANDRA 8110-A SWANSTON LANE A HEWELL,MARK E & SABRINA L TR E PO BOX 1901 GILROY CA 1179761 841-64-096 255.62 2.56 258.18HIGGENBOTTOM, KELLY 150 SARAFINA WAY BAETA,KELLY M & DAVID A 150 SARAFINA WAY GILROY CA 802967 841-82-014 190.74 1.91 192.65BURLING, SIMON 196 CAROLINE LANE BURLING,SIMON & LEAH 196 CAROLINE LN GILROY CA 1161975 841-82-031 82.80 0.83 83.6328,677.90286.7828,964.688.A.bPacket Pg. 86Attachment: Exhibit A - Garbage Lien Status Update June 7 2018 (1684 : Garbage Liens) City of Gilroy STAFF REPORT Agenda Item Title: Introduction of an Ordinance Amending Section 30.19.10(c)(2) of Chapter 30 of the Gilroy City Code, and Corresponding Downtown Specific Plan Amendment, to allow Ground-Floor Offices Along Monterey Road, North of Fourth Street and South of Sixth Street Within the Downtown Historic District Without a Conditional Use Permit for a Period of Two Years Meeting Date: June 18, 2018 From: Gabriel Gonzalez, City Administrator Department: Community Development Department Submitted By: Kristi Abrams Prepared By: Kristi Abrams Pamela Wu Strategic Plan Goals Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Customer Service Enhanced Public Safety 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 section 30.19.19 (c) (2) of the Gilroy City Code to allow ground-floor offices in the area north of fourth street and south of sixth street within the downtown historic district without a conditional use permit for a period of two years . EXECUTIVE SUMMARY On April 16, 2018, the City Council directed staff to proceed with ordinance amendments to temporarily allow ground-level office use by right. Specifically, the temporary allowance would allow new active office uses (i.e. those that engage and encourage pedestrian activity downtown) to be established in areas north of 4th Street 8.B Packet Pg. 87 and south of 6th Street of the Downtown Historic District without the approval of a conditional use permit. If approved, the temporary allowance will be in effect for a two- year period. BACKGROUND In 2005, the City Council adopted the Downtown Gilroy Specific Plan to establish connections from the General Plan in revitalizing and enhancing business opportunity within the downtown area. The intent of the Specific Plan is to “create a unique and identifiable downtown for Gilroy that is economically vibrant, pedestrian -oriented and a local and visitor destination.” The Specific Plan divided the downtown area into six districts: Downtown Historic District, Downtown Expansion District, Civic/Cultural Arts District, Transition District, Cannery District and the Gateway District. Particularly within the Downtown Historic District (DHD), the area located along Monterey Road between Third and Eighth Streets, it is envisioned to be the primary destination for retail and entertainment activities. The DHD area provides a continuous atmosphere for shopping, eating and entertainment activities. Primary uses intended for this area include street front retail, family restaurants and/or live music venues that actively engage pedestrians. Other uses, such as office and residential apartments, are encouraged to be on the upper levels, unless approved with a conditional use permit (CUP). Through the CUP process, each request for a ground-level office use would be carefully examined to ensure that the proposal aligns with the Downtown Specific Plan vision to s upport a pedestrian-activated environment. However, vacancies in the DHD area, especially north of 4th and south of 6th Streets, continue to be a challenge. In response to high vacancy rates caused by the Great Recession, the City Council in 2011 approved a zoning text amendment to allow ground-level office use in the DHD by right for a period of three years. The effort was seen as an economic incentive by alleviating the application process and associated cost of obtaining a conditional use permit for potential business owners. Typically, the cost to process a CUP application is about $5,400 and, on average, can take 4 to 6 months depending on the complexity of the proposed scope. In 2014, the Council extended the temporary allowance for another three years to May 21, 2017. Since then there has been a slight increase in occupancy rate, however vacancy remain as a major concern. At Council’s request, staff conducted a downtown field survey on April 30, 2018 and found 32 of the 150 ground-level buildings are currently vacant. Of the 32 vacant buildings, 7 are located at the downtown core area (between 4 th and 6thStreets), and 25 are in areas north of 4th Street and south of 6th Street. The chart below summarizes the vacancy rate in different areas of the DHD. As shown, the DHD zoned areas north of 4th and south of 6th Streets suffer from a much higher vacancy rate than the core downtown area. 8.B Packet Pg. 88 Total No. Ground Level Buildings No. of Vacant Ground Level Buildings Ground Level Vacancy Rate Entire Downtown Historic District (DHD) 150 32 21.3% Core DHD Area (Monterey, between 4th & 6th ) 81 7 9% DHD Area (north of 4th and south of 6th Streets) 69 25 36.2% Of note, 10 of the 32 vacant businesses in the DHD are unreinforced masonry (URM) buildings, and occupancy of these structures can only occur after certain minimum retrofits are completed. While still considered URM buildings, five of these buildings have completed the minimum mandatory retrofit requirements to allow them to be occupied. The remaining five are in need of minimum retrofit work before a new business can occupy the structure. Of the 5 vacant URM building businesses that need retrofit, all are within the core DHD area which would not benefit from the temporary allowance. While conducting the field survey, staff also found a total of 16 existing ground-level office uses within DHD and that 7 of these were established from the previous temporary allowance. The chart below provides the breakdown of office uses in different areas of the DHD. Total No. Ground Level Offices Total No. Ground Level Buildings Percentage Ground Level Office Uses Entire Downtown Historic District (DHD) 16 150 11% Core DHD Area (Monterey between 4th & 6th ) 7 81 8% DHD Area (north of 4th and south of 6th Streets) 9 69 13% On April 16, 2018, the City Council recognized the ongoing struggle with optimizing 8.B Packet Pg. 89 downtown tenant spaces and preserving prime locations for more active uses that may be better aligned with the downtown vision. As such, the City Council di rected staff to mirror the efforts in 2011 and 2014 to again provide temporary allowance for ground - level office use by right. However, to preserve the core downtown area for active and pedestrian intensive uses, the Council indicated their desire to restrict the temporary allowance only to DHD areas north of 4th Street and south of 6th Streets. Within the core downtown area (i.e. along Monterey, between 4 th and 6th Streets), current regulations requiring a CUP for ground-level office uses will remain unchanged to promote higher pedestrian activity and to foster a vibrant downtown. ANALYSIS In keeping with the vision to create an enlivened downtown, the temporary allowance would provide an economic incentive to enable active offices such as real estate of fice, professional office (e.g. architect’s office) or co-work space (e.g. Greenhouse Co- working) to occupy inside an existing vacant ground-level space north of 4th Street and south of 6th Street. The temporary allowance to establish such use without the approval of a conditional use permit can stimulate downtown business and reduce vacancy rates. Recently, staff has received a number of similar inquiries to occupy a ground -level space for office use. If approved, the proposed temporary provision would allow expeditious occupancy of such vacant ground-level spaces and, in turn, provide the opportunity for additional pedestrian activity in the downtown area. With the temporary allowance, the proposed amendments would allow active offices that have a higher pedestrian traffic to be located on the ground-level by right within areas north of 4th Street and south of 6th Street. Traditionally, office uses have been limited from the ground level within the downtown area since such uses are generally characterized by low pedestrian activities. Examples of these types of traditional offices include insurance office, tax preparation office and/or medical office. Nearby cities such as City of Mountain View, Palo Alto and Redwood City also have similar regulations to limit office uses to be located either above or behind ground-level retail uses. Recent trends, however, are finding that some types of office uses on the ground-level can foster an active downtown environment. For instance, City of San Jose allows co- work offices, such as WeWork and Regus, on the ground level by right within its downtown. Such office uses are generally not appointment-based operations, but rather, involve a high level of face-to-face customer contact and typically generate increased foot traffic throughout those areas. Such active office uses create pathways with other nearby venues, such as restaurants and coffee housesOn the contrary, traditional office use s typically do not promote spontaneous pedestrian activity or extend time spent in the downtown area, and therefore, are not considered “active office uses”. In keeping with the vision to create a vibrant downtown, staff proposes to temporarily allow only active office uses on the ground level. That is, those which operate in a manner that would promote pedestrian 8.B Packet Pg. 90 activity in the downtown area. In alignment with City Council’s direction on April 16th, staff’s recommended ordinance amendment for the temporary allowance is limited to a two year period. Proposed Ordinance and Specific Plan Amendments. Changes to two documents are needed to address the allowances as directed by City Council: a zoning ordinance amendment and a downtown specific plan amendment. The Planning Commission staff report (attached to this staff report) includes a detailed consistency analysis of the proposed zoning ordinance amendment. Additionally, the downtown specific plan amendment is proposed for consistency purpose. As the Permitted Use Table shown in the Specific Plan has not been updated in accordance with other recent Zoning Ordinance amendments, staff recommends an amendment to the Specific Plan to eliminate the Permitted Use Table . To eliminate future conflicting information, this section would include reference to the development standards and Downtown Commercial Use Table in the Zoning Ordinance. With the Zoning Ordinance as the single point of reference, future amendments can be processed more efficiently. The proposed amendment would support City Council’s goal and priority in downtown revitalization. Staff recommends the City Council to approve both text amendments as described below: Zoning Ordinance Text Amendment The proposed zoning ordinance text amendment would modify Commercial Use Table 19.10 (C)(2) Footnote 4 and add Footnote 22 to temporarily allow ground-level active office uses. Based on the current public hearing schedule, the temporary 2-year period is anticipated to end August 1, 2020. During the course of this effort, it was realized that in a previous amendment, the footnote pertaining to desktop publishing/copy shop use was inadvertently removed. This is a typo and not part of the discussion, but will be cleaned-up as part of this effort. Footnote 4 of the use table will be revised to eliminate reference to office uses, and new Footnote 22 is added to exclusively address office uses, and also defines the expectation of an active office use. The proposed text amendment is shown in strikeout and underline, as follows: Section 30.19.10 (c) (2) Downtown Commercial Use Table. Commercial Uses DHD Desktop Publishing/Copy Shop X4 Office X4, 22 4. These uses are unconditionally permitted on the second story and above. Any time these uses are proposed for the ground level or first floor (sidewalk 8.B Packet Pg. 91 level), a conditional use permit is required, except that first floor office uses and desktop publishing/copy shop shall be allowed in the DHD without a conditional use permit until May 21, 2017. After that date, conditional use permit approval shall be required for new first floor office uses in the DHD. Residential units in these zones shall not front on the street. 22. Within the Downtown Historic District (DHD) zone district, along Monterey Road north of 4th Street and south of 6th Street, ground level active office uses shall be allowed without a conditional use permit until August 1, 2020. Active office uses are those that operate in a manner that promotes and enhances pedestrian activity in the downtown area, in alignment with the Downtown Specific Plan vision. After that date, conditional use permit approval shall be required for such uses throughout the DHD zone district. Downtown Specific Plan Text Amendment The proposed Downtown Specific Plan text amendment would modify Chapter V, Land Use, Page 55 to Page 60, by eliminating the Permitted Use Table and, instead, provide reference to Zoning Ordinance Section 30.19.10 (c )(2). The proposed amendment is shown, as follows: PERMITTED USES TABLE The Permitted Use Table indicates whether a variety of uses are unconditionally permitted (designated with an X), permitted only with a conditional use permit from the Planning Commission (designated with a C), or permitted only as a temporary use (designated with a T). Where no symbol is shown, the use is prohibited. The Planning Commission or its designee shall determine, upon written request, whether or not any use not listed in the Permitted Uses Table is similar in character to a described use for the purpose of applying the District regulations and conditions. Permitted uses within the Downtown Specific Plan area are detailed in Section 30.19.10 (c)(2) of the Zoning Ordinance. Refer to the Downtown Commercial Use Table to verify if a use is unconditionally permitted, permitted only with a conditional use permit, or permitted only as a temporary use. /// Page 56 to Page 60 should include the following note: “This page intentionally left blank.” Planning Commission Recommendation 8.B Packet Pg. 92 The proposed amendments were presented to the Planning Commission at its May 17, 2018 meeting. The Commission considered the amendments, received public testimonies and adopted a resolution to send a favorable recommendation to the City Council. In addition to recommending staff’s proposed amendments to the City Council, the Planning Commission also included allowing certain ground-level offices to be established by right. Specifically, those long narrow buildings that front on Monterey Road but also have access from Gourmet Alley. The intention is to provide incentives to fully utilize any existing building that is too large for an allowed retail store. The alternative proposal was requested at the Planning Commission meeting by Gary Walton, downtown property owner and President of the Gilroy Downtown Business Association. Mr. Walton explained that there are many buildings downtown that are long and narrow but have double frontage s. He indicates that it is sometimes difficult to find one user for the entire length of the building, and that the rear of such buildings can be underutilized and remain vacant. His specific request is for those buildings with storefronts along Monterey Road that are occupied by allowed commercial uses. He requested consideration to further amend the ordinance to allow office use to be established by right, in the rear of any existing retail store in this situation that can have its own entrance on Gourmet Alley. The requested change would allow two businesses to be simultaneously occupying one building. At the Commission meeting, staff indicated that permanent allowance of ground level office uses at the rear of downtown buildings had not been evaluated. As a potential land use change, staff would not be able to provide a positive recommendation until further research and assessment of potential implications and best practices had been conducted. The efforts associated with this request would require more dedicated staff resources, and that such direction to staff should be provided by the City Council. The Planning Commission considered all statements, and unanimously voted to approve staff’s original recommended temporary ordinance amendment. In addition, the Planning Commission recommended City Council consideration to allow ground-level office use within the rear half of all downtown buildings by right. FISCAL IMPACT/FUNDING SOURCE No fiscal impact is anticipated with the proposed ordinance amendments. CONCLUSION The temporary allowance of establishing ground-level office use in the area north of 4th Street and south of 6th Street within the DHD district by right may support additional economic development opportunities and improve downtown occupancy rates while preserving the core downtown area (between 4th and 6th Streets) for more active pedestrian engaging uses. Any ground level office legally established without a CUP during the temporary allowance may remain after the end of the temporary allowance 8.B Packet Pg. 93 period so long as the business does not cease operation for more than 120 days. NEXT STEPS Should the City Council introduce the recommended ordinance amendments, adoption of the amendments can occur at the following meeting on July 2, 2018. As such, the amendments would become effective by August 1, 2018 and continue through August 1, 2020. PUBLIC OUTREACH The public notice for this item, published in the Gilroy Dispatch on May 23, 2018, meets the Government Code requirement for projects of citywide importance. Individual notices were prepared for properties within 500-ft of DHD area. On May 8, 2018, the proposed amendments were present at the Gilroy Downtown Business Association (GDBA) meeting. In addition, both Planning Commission and City Council staff report packets are available through the City’s webpage prior to the scheduled meeting. Attachments: 1. GDSP amendment clean version 2. GDSP amendment underline-strikethrough version 3. May17 PC staff report 4. Ordinance 1st Floor Offices 5. ZO amendment clean version (CC) 6. ZO amendment underline-strikethrough version (CC) 7. Public Comments 8.B Packet Pg. 94 8.B.a Packet Pg. 95 Attachment: GDSP amendment clean version (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) 8.B.a Packet Pg. 96 Attachment: GDSP amendment clean version (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) 8.B.a Packet Pg. 97 Attachment: GDSP amendment clean version (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) 8.B.a Packet Pg. 98 Attachment: GDSP amendment clean version (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) 8.B.a Packet Pg. 99 Attachment: GDSP amendment clean version (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) 8.B.a Packet Pg. 100 Attachment: GDSP amendment clean version (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) 8.B.b Packet Pg. 101 Attachment: GDSP amendment underline-strikethrough version (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) 8.B.b Packet Pg. 102 Attachment: GDSP amendment underline-strikethrough version (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) 8.B.b Packet Pg. 103 Attachment: GDSP amendment underline-strikethrough version (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) 8.B.b Packet Pg. 104 Attachment: GDSP amendment underline-strikethrough version (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) 8.B.b Packet Pg. 105 Attachment: GDSP amendment underline-strikethrough version (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) 8.B.b Packet Pg. 106 Attachment: GDSP amendment underline-strikethrough version (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) Community Development Department 7351 Rosanna Street, Gilroy, California 95020-61197 Telephone: (408) 846-0451 Fax (408) 846-0429 http://www.cityofgilroy.org DATE: May 17, 2018 TO: Planning Commission FROM: Pamela Wu, Senior Planner SUBJECT: Text Amendments to Zoning Ordinance Section 30.19.10 (c)(2) and Downtown Specific Plan Chapter V Land Use Page 55 to Page 60, to temporarily, for a two year period, allow ground floor office uses by right in areas north of 4th Street and south of 6th Street within the Downtown Historic District (DHD). 1) Request: Consideration of Text Amendments to Zoning Ordinance Section 19.10 (c)(2) and Downtown Specific Plan Chapter V Land Use Page 55 to Page 60, to temporarily allow ground floor office uses by right in area north of 4 th Street and south of 6th Street within the Downton Historic District (DHD). The temporary allowance is for a period of two years. 2) Recommendation: Staff has analyzed the proposed project, and recommends that the Planning Commission: a) Adopt a resolution recommending the City Council approve proposed text amendments to section 30.19.10(C)(2) the Zoning Ordinance; and b) Adopt a resolution recommending the City Council approve proposed amendments to the Downtown Specific Plan. 3) Environmental Assessment: Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines provides an exemption for certain qualified project and is stated as follows: “The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant impact to the environmental. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the enviro nment, the activity is not subject to CEQA.” The proposed text amendments to the Zoning Ordinance and Downtown Specific Plan would allow ground-level office use in areas along Monterey Road north of 4th Kristi A. Abrams DIRECTOR 8.B.c Packet Pg. 107 Attachment: May17 PC staff report (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) 2 Street and south of 6th Street within the Downtown Historic District (DHD) area by right, in lieu of obtaining a conditional use permit. It can be seen with certainty that such amendments would have no possibility for causing a significant effect on the environment. The proposed amendments are for a period of two years only and staff has determined that the temporary de-regulation of ground-level office use within a confined area would not result in adverse environmental impacts and are exempt from CEQA. Filing of a Notice of Exemption is not mandated, however, it reduces the statute of limitations for legal challenges under CEQA, from 180 days to 35 days. No further assessment is necessary for the proposed project; therefore a NOE will be filed for the project. 4) Background Information: In 2005, the City Council adopted the Downtown Gilroy Specific Plan to establish connections from the General Plan in revitalizing and enhancing business opportunity within the downtown area. The intent of the Specific Plan is to “create a unique and identifiable downtown for Gilroy that is economically vibrant, pedestrian-oriented and a local and visitor destination.” The Specific Plan divided the downtown area into six districts: Downtown Historic District, Downtown Expansion District, Civic/Cultural Arts District, Transition District, Cannery District and the Gateway District. Particularly within the Downtown Historic District (DHD), the area located along Monterey Road between Third and Eighth Streets, it is envisioned to be the primary destination for retail and entertainment activities. The DHD area is to provide a continuous atmosphere for shopping, eating and entertainment activities. Primary uses intended for this area include street front retail, family restaurants and/or live music venues that actively engage pedestrians. Less active uses, such as office and residential apartments, are encouraged to be on the upper levels, unless approved with a conditional use permit (CUP). Through the CUP process, each request for a ground-level office use would be carefully examined to ensure that the proposal aligns with the Downtown Specific Plan vision to support a pedestrian-activated environment. However, vacancies in the DHD area, especially north of 4th and south of 6th Streets, continue to be a challenge. In response to high vacancy rates caused by the Great Recession, the City Council, in 2011, approved a zoning text amendment to allow ground-level office use in the DHD by right for a period of three years. The effort was seen as an economic incentive by alleviating the application process and associated cost of obtaining a conditional use permit for potential business owners. Typically, the cost to process a CUP application is about $5400 and, on average, can take 4 to 6 months depending on the complexity of the proposed scope. In 2014, the Council extended the temporary allowance for another three years to May 21, 2017. Since then, there has been a slight increase in occupancy rate, while vacancy remains as a major concern for the downtown business. Between 2011 and 2017, seven ground-level offices benefited from the temporary allowance and are still currently in operation. On April 16, 2018, the City Council recognized the ongoing struggle with optimizing 8.B.c Packet Pg. 108 Attachment: May17 PC staff report (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) 3 downtown tenant spaces and preserving prime locations for more active uses that may be better aligned with the downtown vision. As such, the City Council directed staff to mirror the efforts in 2011 and 2014 to again provide temporary allowance for ground-level office use by right. However, the Council indicated their desire to restrict the temporary allowance to area s north of 4th Street and south of 6th Streets only, to preserve the core downtown area for more active uses. Within the core downtown area (i.e. along Monterey, between 4 th and 6th Streets), current regulations requiring a CUP for ground-level office uses will remain unchanged to promote higher pedestrian activity and to foster a vibrant downtown. Existing Conditions Downtown: Downtown Gilroy has continued to have difficulty in achieving full tenant occupancy. Staff conducted a field survey within the DHD area on April 30, 2018 and found that of the 150 ground-level buildings, 32 buildings are currently vacant. The chart below demonstrates the vacancy rate shown in different areas of the DHD. Total No. Ground Level Buildings No. of Vacant Ground Level Buildings Ground Level Vacancy Rate Entire Downtown Historic District 150 32 21.3% Core DHD Area (Monterey, between 4th & 6th ) 81 7 9% Area north of 4th and south of 6th Streets that is within DHD 69 25 36.2% As shown, the DHD zoned areas north of 4th and south of 6th Streets suffer from a much higher vacancy rate than the core downtown area. Of note, 10 of the 32 vacant businesses in the DHD are unreinforced masonry (URM) buildings, and occupancy of these structures can only occur after certain retrofits are completed which may present added challenges to potential tenants. Of the 10 URM building businesses, 5 are in need of additional retrofit before new business can occupy. Of the 5 vacant URM building businesses that need additional retrofit, all are within the core DHD area which would not benefit from the temporary allowance. While conducting the field survey, staff also found a total of 16 existing ground - level office uses within DHD. The chart below provides the breakdown in different areas of the DHD. Total No. Ground Level Total No. Ground Level Percentage Ground Level 8.B.c Packet Pg. 109 Attachment: May17 PC staff report (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) 4 Offices Buildings Office Uses Entire Downtown Historic District 16 150 11% Core DHD (Area between 4th & 6th ) 7 81 8% Area north of 4th and south of 6th Streets that is within DHD 9 69 13% Downtown Specific Plan Modifications. Chapter V of the Downtown Specific Plan provides development standards and specifies different types of uses within each of the six districts. Specifically, page 55 to page 60 includes the Permitted Use Table within the DHD area from Section 30.19.10 of the Zoning Ordinance. However, the Permitted Use Table shown in the Specific Plan has not been updated in accordance with other recent Zoning Ordinance amendments. For consistency, staff recommends an amendment to the Specific Plan to eliminate the Permitted Use Table and, instead, to reference the development standards and Downtown Commercial Use Table in the Zoning Ordinance. With the Zoning Ordinance as the single point of reference, future amendments can be processed more efficiently. 5) General Plan Consistency: The proposed zoning text amendment is consistent with the 2020 General Plan. Specifically, Policy 3.26 states that business development should “encourage new office and retail businesses and expansion of existing business...” With the proposed amendment, ground-level office uses can create a positive synergy for downtown and potentially improve the occupancy rate among the vacant store fronts. 6) Zoning Ordinance Amendment Conformance: Section 30.52 of the Zoning Ordinance provides detailed procedures and findings when an amendment to the zoning ordinance is proposed. Any amendment to the Zoning Ordinance can be initiated by City Council per Section 30.52.20(b), and the proposed amendment was directed by Council at the April 16, 2018 meeting. After initiation, the Planning Commission should hold a public hearing and consider if the proposed amendment “is necessary to carry out the general purpose and applicable general plan goals and policies.” The proposed amendment is to temporarily allow grown -level office uses in areas along Monterey Road north of 4th Street and south of 6th Street within the Downtown Historic District (DHD) area by right. The amendment would allow such use to be established in lieu of obtaining a conditional use permit for a period of two years. The intent is to stimulate downtown business by reducing the vacancy rate. If the Planning Commission finds such amendments to be necessary, then the Commission shall adopt a resolution to send a favorable recommendation from to City Council for final adoption in accordance with Section 8.B.c Packet Pg. 110 Attachment: May17 PC staff report (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) 5 30.52.40. 7) Downtown Specific Plan Amendment: In conjunction with the proposed amendment to the Zoning Ordinance, staff proposes to eliminate the Permitted Use Table as listed under Chapter V of the Downtown Specific Plan for consistency purpose. The current Permitted Use Table (Page 55 to Page 60) were not updated when the prior temporary allowance for ground-level office use in 2011 and 2014 was approved by Council. By eliminating the use table and provide a sole reference to the Zoning Ordinance for permitted uses, no future changes to the Specific Plan are necessary. In accordance with Section IX, Plan Administration, of the Downtown Specific Plan and as stated in California Government Code (Section 65453), “a Specific Plan may be amended as …necessary by the legislative body,” recognizing that there may be amendments to the Specific Plan as economic conditions or City needs occur. The City can initiate an amendment and the Planning Division Manager can approve the revision if the amendment is deemed insignificant. Because the proposed amendments to the DSP is minor in nature where there is no substantive changes to the Plan itself, and that the allowance for ground -level office is temporary, the proposed change to the DSP can be made should the City Council approve the Zoning Ordinance Amendment. 8) Analysis: In keeping with the vision to create an enlivened downtown, the temporary allowance would provide an economic incentive to enable active offices such as real estate office, professional office (e.g. architect’s office) or co-work space (e.g. Greenhouse Co-working) to occupy inside an existing vacant ground- level space north of 4th Street and south of 6th Street. The temporary allowance to establish such use without the approval of a conditional use permit can stimulate downtown business and reduce vacancy rates. Recently, staff has received a number of similar inquiries to occupy a ground-level space for office use. If the amendments are approved, such vacant ground -level spaces can be occupied more expeditiously and, in turn, provide additional pedestrian activity in the downtown area. Traditionally office uses have been limited from the ground level within the downtown area. Such office uses are generally characterized by activities focus on business, government, professional, medical, or financial services. Examples of these types of traditional office uses include insurance office, tax preparation office and/or medical office. Nearby cities such as City of Mountain View, Palo Alto and Redwood City also have similar regulations to limit office uses to be located either above or behind ground-level retail uses. However, recent trend finds a new type of office use that has been allowed on the ground-level which can foster an active downtown. For instance, City of San Jose allows co-work offices, such as WeWork and Regus, on the ground level by right within its downtown. Such o ffice uses involve a higher level of face-to-face customer contact and typically are expected to generate higher foot traffic. Such active office use connects with other nearby venues, such as restaurants and coffee houses. Examples of an active office use 8.B.c Packet Pg. 111 Attachment: May17 PC staff report (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) 6 include co-worker office, architect’s office, and/or real estate office. On the contrary, traditional office use that engages less with other business, typically do not promote spontaneous pedestrian activity, and therefore, are not considered “active office uses”. In keeping with the vision to create a vibrant downtown, staff proposes to allow office uses that only operate in a manner promoting pedestrian activity in the downtown area. When the policy discussion was presented to the City Council for direction on April 16, 2018, Council concluded that the core downtown area (between 4 th and 6th Street) should be preserved for retail, entertainment and restaurants uses, while area north of 4th and south of 6th Street can be flexible in allowing ground-level active office use by right. The intent for the temporary allowance is to stimulate the downtown occupancy rate in achieving a vibrant downtown. Council directed staff to proceed with amendments on a temporary basis for a period of two years. 9) Conclusions and Recommendation: The temporary allowance of establishing ground-level office use in the area north of 4th Street and south of 6th Street within the DHD district by right may help in improving the occupancy rate and preserving the core downtown area (between 4 th and 6th Streets) for more active uses. Any office legally established without a CUP after the temporary allowance may remain in ground-level, so long the operation does not cease more than 120 days, pursuant to regulations set forth for nonconforming uses and expansion as stated in Section 30.48.20(b) of the Zoning Ordinance. The proposed amendment would support City Council’s goal and priority in downtown revitalization. Staff recommends the Planning Commission to forward a favorable recommendation to City Count to approve both text amendments as described below: Zoning Ordinance Text Amendment The proposed zoning ordinance text amendment would modify Commercial Use Table 19.10 (C)(2) Footnote 4 to temporarily allow ground -level (sidewalk level) office uses in areas along Monterey Road north of 4th Street and south of 6th Street within the Downtown Historic District (DHD) area by right for a period of two years until August x, 2020. In addition, the proposed zoning ordinance text amendment would require any future ground-level Desktop Publishing / Copy Shop use to obtain a conditional use permit by adding Footnote 4 in the use table. The proposed text amendment is shown as follow: Section 30.19.10 (c) (2) Downtown Commercial Use Table. Commercial Uses DHD Desktop Publishing/Copy Shop X4 8.B.c Packet Pg. 112 Attachment: May17 PC staff report (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) 7 4. These uses are unconditionally permitted on the second story and above. Any time these uses are proposed for the first floor (sidewalk level), a conditional use permit is required, except that first floor active office uses in areas along Monterey Road north of 4th Street and south of 6th Street within the Downtown Historic District (DHD) area and desktop publishing/copy shop shall be allowed in the DHD without a conditional use permit until May 21, 2017 August x, 2020. After that date, conditional use permit approval shall be required for new first floor office uses in the DHD. Residential units in these zones shall not front on the street. Downtown Specific Plan Text Amendment The proposed Downtown Specific Plan text amendment would modify Chapter V, Land Use, Page 55 to Page 60, by eliminating the Permitted Use Table and provide reference to Zoning Ordinance Section 30.19.10 (c )(2). The proposed amendment is shown as follow: /// PERMITTED USES TABLE The Permitted Use Table indicates whether a variety of uses are unconditionally permitted (designated with an X), permitted only with a conditional use permit from the Planning Commission (designated with a C), or permitted only as a temporary use (designated with a T). Where no symbol is shown, the use is prohibited. The Planning Commission or its designee shall determine, upon written request, whether or not any use not listed in the Permitted Uses Table is similar in character to a described use for the purpose of applying the District regulations and conditions. Permitted uses within the Downtown Specific Plan area are detailed in Section 30.19.10 (c)(2) of the Zoning Ordinance. Refer to the Downtown Commercial Use Table to verify if a use is unconditionally permitted, permitted only with a conditional use permit, or permitted only as a temporary use. /// Page 56 to Page 60 should include the following note: “This page intentionally left blank.” 10) Noticing: The public notice for this item, published in the Gilroy Dispatch on May 7, 2018, meets the Government Code requirement for projects of citywide importance. Individual notices were prepared for properties within 500-ft of DHD area. In addition, Planning Commission packets are available through the City’s webpage prior to the scheduled meeting. 8.B.c Packet Pg. 113 Attachment: May17 PC staff report (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) 8 Attachments: A. Proposed Zoning Ordinance Text Amendment, Commercial Use T able 19.10 (C)(2) Footnote 4 B. Proposed Downtown Specific Plan Text Amendment, Chapter V Land Use, Page 55 to Page 60. C. Recommended Ordinance Attachments: 1. GDSP amendment clean version 2. GDSP amendment underline-strikethrough version 3. Z 18-03 PC resolution 4. ZO amendment clean version 5. ZO amendment underline-strikethrough version 8.B.c Packet Pg. 114 Attachment: May17 PC staff report (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) -1- ORDINANCE NO. 2018-XX ORDINANCE NO. 2018-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTION 30.19.10(c)(2) OF CHAPTER 30 OF THE GILROY CITY CODE TO ALLOW GROUND-FLOOR OFFICES IN THE AREA NORTH OF FOURTH STREET AND SOUTH OF SIXTH STREET WITHIN THE DOWNTOWN HISTORIC DISTRICT WITHOUT A CONDITIONAL USE PERMIT FOR A PERIOD OF TWO (2) YEARS WHEREAS, the City of Gilroy proposed Zoning Text Amendment Gilroy Zoning of Footnote 4 of Section 30.19.10(c) (2) of Chapter 30 (Zoning Ordinance) of the Gilroy City Code to allow office uses on the ground floor in area north of 4th Street and south of 6th Street in the Downtown Historic District (DHD) without requiring a conditional use permit for a period of two years; and WHEREAS, the city has determined that the review and approval of the provision contained in the Zoning Text Amendment file number Z 18-03 is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to the provisions of Section 15061(b) (3) of the CEQA Guidelines in that “the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant impact to the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment;” and WHEREAS, although the Downtown Specific Plan identifies this district as the primary retail and entertainment district in the downtown, and therefore office uses on the ground floor were required to obtain a conditional use permit to insure prime space is available for retail and entertainment uses, though due to the current economic downturn there is excess ground floor space available, at least on a limited basis; and WHEREAS, the proposed Zoning Ordinance Text Amendment supports the Council’s downtown revitalization goal, and it is consistent with Goal 5 of the Economic Development Strategic Plan, which seeks to enhance downtown as a local and visitor destination; and 8.B.d Packet Pg. 115 Attachment: Ordinance 1st Floor Offices [Revision 3] (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) -2- ORDINANCE NO. 2018-XX WHEREAS, the proposed Zoning Ordinance Text Amendment supports the General Plan’s goal of providing a mix of traditional and new businesses in and around Gilroy’s historic downtown, and it supports General Plan Policy 3.26 by encouraging new office businesses to locate in downtown; and WHEREAS, the proposed Zoning Ordinance Text Amendment will simplify the process for a potential business to locate in the ground floor which may generate employees to further support downtown businesses; and WHEREAS, the planning commission received and considered a staff report pertaining to Zoning Text Amendment file number Z 18-03; and WEREAS, the Planning Commission held a duly noticed public hearing on May 17, 2018, at which time the Planning Commission took and considered the written and oral public testimony related to Zoning Text Amendment file number Z 18-03 and thereafter recommended that the City Council approve said application; and WHEREAS, the City Council received and considered a staff report pertaining to Zoning Text Amendment file number Z 18-03; and WHEREAS, the City Council held a duly noticed public hearing on June 18, 2018, at which time the City Council took and considered written and oral public testimony, the staff report dated March June 18, 2018, and all other documentation related to application Z 18-03; and WHEREAS, the location and custodian of the documents or other materials that constitute the record of proceedings upon which Z 18-03 approval is based is the office of the City Clerk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I The City Council finds that: 8.B.d Packet Pg. 116 Attachment: Ordinance 1st Floor Offices [Revision 3] (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) -3- ORDINANCE NO. 2018-XX 1. The proposed Zoning Ordinance Text Amendment (Z 18-03) is consistent with the intent of the goals and policies of the City of Gilroy’s General Plan through its promotion of bringing offices to Downtown. 2. The proposed Zoning Ordinance Text Amendment will not create any adverse environmental impacts; 3. The proposed Zoning Ordinance Text Amendment will not be detrimental to the public peace, health, safety, morals, or welfare; and 4. The proposed Zoning Ordinance Text Amendment will not be detrimental to persons or property in the City. SECTION II Zoning Ordinance Text Amendment file number Z 18-is hereby approved and Gilroy Zoning Ordinance section 19.13 (b) is amended to read as follows: Section 30.19.10 (c) (2) Downtown Commercial Use Table. Commercial Uses DHD Desktop Publishing/Copy Shop X4 Office X4,22 4. These uses are unconditionally permitted on the second story and above. Any time these uses are proposed for the ground level or first floor (sidewalk level), a conditional use permit is required. Residential units in these zones shall not front on the street. 22 Within the Downtown Historic District (DHD) zone district, along Monterey Road north of 4th Street and south of 6th Street, ground level active office uses shall be allowed without a conditional use permit until August 1, 2020. Active office uses are those that operate in a manner that promotes and enhances pedestrian activity in the downtown area, in alignment with the Downtown Specific Plan vision. After that date, conditional use permit approval shall be required for such uses throughout the DHD zone district. SECTION III If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby. 8.B.d Packet Pg. 117 Attachment: Ordinance 1st Floor Offices [Revision 3] (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) -4- ORDINANCE NO. 2018-XX SECTION IV Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption. PASSED AND ADOPTED this __ day of June, 2018 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Roland Velasco, Mayor ATTEST: Shawna Freels, City Clerk 8.B.d Packet Pg. 118 Attachment: Ordinance 1st Floor Offices [Revision 3] (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) Gilroy City Code, Chapter 30, 30.19.10, subdivision (c)(2), is hereby amended to read as follows: “(c)(2) Downtown Commercial Use Table. DHD DED CCA TD CD GD Commercial Uses Animal Boarding X11 X11 X11 C19 Animal Grooming or Training X X X X Animal Hospital/Veterinary Office X Antique Shop X X X X Appliance Repair X X X Arcade and Internet Access as Primary Use X X X X Art, Dance, Gymnastic and Music Studios or Galleries X X X X X X Auction House X4 X X Automotive Body Repair and Painting C Automotive Car Stereos and Alarm Systems Sales and Installation X17 X17 X17 Automotive Car Wash X Automotive Gasoline Station X10 X Automotive Parts Sales X10 X Automotive Repair and Service X10 X13 Automotive Sales X9 X X Automotive Sales, Temporary3 C C C C Automotive Tire Shop X10 X Bank X X X X X Bakery/Coffee House X X X X X X Bakery, Commercial C12 C12 X X 8.B.e Packet Pg. 119 Attachment: ZO amendment clean version (CC) (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) DHD DED CCA TD CD GD Bed and Breakfast Establishment X X X Boat and Motorcycle Sales X X Bowling Alley X X X Building Materials Sales and Storage X Card Room C C Clothing Sales/Service Establishment X X X X X Cottage Industry with Light Manufacturing and Assembly X X Dance Venue, Small X X X X X X Dance Venue, Medium15 X X X X X X Dance Venue, Large X16 X16 X16 C15 Desktop Publishing/Copy Shop X4 X X X X X Festival T T T T T T Grocery Store or Deli (Not Supermarket) X X X X X X Gymnasium/Health Studio X X X X X X Home Occupation6 X X X X X X Hotel, Motel X X X Laboratory (Research and Testing) X4 C C X Landscape Nursery X Liquor/Alcohol Sales/Bars (On-Site Consumption of Beer, Wine, or Liquor, not including Micro-Brewery and Wine Tasting Provisions below)5 C1 C1 C1 C1 C1 Liquor/Alcohol Sales (Off-Site Consumption)5 C C C C Medical or Dental Office/Clinic X4 X X X Micro-Breweries and Wine Tasting21 D D D Museums X X X X X X 8.B.e Packet Pg. 120 Attachment: ZO amendment clean version (CC) (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) DHD DED CCA TD CD GD Mortuary or Crematory C X X Newspaper Printing Facility X Office X4, 22 X X X X X Outdoor Amusement/Recreation18 C Parking Lot (Automobile Parking) X X X X X X Pawn Shop X X Personal Services7 X8 X8 X X X X Pool/Billiards Establishment and Indoor Recreation X X C Printing/Sign Painting Establishment X X X X Restaurant X X X X X X Restaurant with Drive Through X X Retail Sales 10,000 sq. ft. or Less X X X X X Retail Sales 10,001 sq. ft. to 50,000 sq. ft. X X Retail Sales 50,001 sq. ft. or More X Supermarket X X Theater X X X X X X Therapy Clinic (Licensed Provider) X4 X X X X Tow Yard (No Dismantling or Parts Sales) C Public and Semi-Public Uses Ambulance Service X10 X X Community Center X4 X X X X X Adult or Child Day Care Center C X X X X Emergency Shelter20 C C C C C C Hospital, Rest Home, Sanitarium C X Lodge, Club, or Fraternal Hall X4 C X C X 8.B.e Packet Pg. 121 Attachment: ZO amendment clean version (CC) (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) DHD DED CCA TD CD GD Public Facility X X X X X X Religious Institution X4 X X X X School (Private ≤ 12 Students) X4 X X X X X School (Private > 12 Students) C C C C C C Residential Uses Boarding or Rooming House C C C Caretaker’s Quarters X X X X X C Residential Units2 X4 X4 X14 X X X Temporary Uses Bazaar T T T T T Christmas Tree Lot T T T T Outdoor Booth/Sales T T T T T T X = Unconditionally permitted. T = Temporary use—See Article XLVII. C = Permitted only with conditional use permit granted by planning commission. D = Permitted only with an administratively approved downtown use permit granted by the community development director, or his/her designee. 1 The requirement for a conditional use permit does not apply to businesses whose primary use is the preparation and service of food, and liquor is served as a clearly ancillary use. 2 All residential unit projects within commercial zones shall comply with the following guidelines: (a) The number of residential units shall not compromise the quality or character of any existing or proposed businesses located on the same property; (b) The number of residential dwellings shall be limited by the availability and provision of off-street parking stalls or as allowed by ordinance; (c) All bedrooms proposed for residential use shall meet minimum square footage requirements in compliance with the Uniform Building Code; and 8.B.e Packet Pg. 122 Attachment: ZO amendment clean version (CC) (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) (d) Open space shall be provided, when feasible. (e) Notwithstanding subsections (a) and (b) of this footnote, the minimum residential density in the DHD, DED and CD districts shall be twenty (20) units per acre. 3 A conditional use permit may be granted to an auto related sales business for up to four (4) temporary auto sales events on the same property within one (1) calendar year. 4. These uses are unconditionally permitted on the second story and above. Any time these uses are proposed for the ground level or first floor (sidewalk level), a conditional use permit is required. Residential units in these zones shall not front on the street. 5 Requests for new ABC liquor licenses are subject to review and approval of the city’s chief of police. 6 Permitted only if the regulations of Article XL, Home Occupation, are met. 7 Commercial uses providing needed services of a personal nature. Personal services generally include barber and beauty shops, nail salons, tanning and spa salons, seamstresses, tailors, shoe repair shops, dry cleaning (except bulk processing plants), self service laundries, massage parlors, and tattoo and piercing parlors, except where expressly prohibited (see footnote 8). 8 Uses offering the primary personal services of massage, tattoo, and/or piercing are prohibited. 9 Indoor only for the display and sales of automobiles with no repair or servicing. 10 Not permitted on any parcel fronting on Eigleberry Street or on those parcels that may front a side street on the one-half (1/2) block west of Gourmet Alley. 11 Day boarding only allowed; no overnight boarding. 12 Must have a prominent ancillary retail outlet or use. 13 Must be approved by a conditional use permit if within one hundred fifty (150) feet of a residential use. 14 Residential units may be allowed on the ground floor if located between Eigleberry and Church Streets behind a business. 15 Provided that all other provisions set forth in Chapter 8 are satisfied. 16 Up to three (3) large dance venues are allowed in the DHD downtown historic district, DED downtown expansion district, CCA civic/cultural arts district, combined, and only located on Monterey Street between 1st St. and 10th St. and only with a downtown special use permit granted by the community development director or designee; and provided, that all provisions set forth in Chapter 8are satisfied. City council approval is required for the fourth or more large dance venue in the DHD downtown historic district, DED downtown expansion district, CCA civic/cultural arts district, combined, and only located on Monterey Street between 1st St. and 10th St. and only with a 8.B.e Packet Pg. 123 Attachment: ZO amendment clean version (CC) (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) downtown special use permit granted by the community development director or designee; and provided, that all provisions set forth in Chapter 8 are satisfied. 17 Sales shall be limited to car stereos and alarm systems, and installation and servicing must take place indoors. In the gateway district, outdoor installation and servicing may occur. However, a conditional use permit is required if located within one hundred fifty (150) feet of a residentially zoned property. 18 Outdoor amusement and recreation facilities require a conditional use permit. Indoor amusement and recreation facilities are enumerated under “pool/billiards establishment and indoor recreation.” 19 A conditional use permit is required for animal boarding within one hundred fifty (150) feet of residential properties and/or for businesses that board animals outside. Businesses that board animals more than one hundred fifty (150) feet from residentially zoned properties do not require a conditional use permit as long as the animals are contained inside a building. 20 Emergency shelters shall be subject to the performance standards listed in section 30.41.32. 21 Administrative approval of a downtown use permit is required when criteria set forth in section 30.50.35 are met. Any micro-brewery or wine tasting uses not meeting the criteria noted in section 30.50.35 would fall into the liquor sales/bars (on-site consumption of beer, wine, or liquor, except uses meeting micro-brewery and wine tasting provision) category in the use table. 22 Within the Downtown Historic District (DHD) zone district, along Monterey Road north of 4th Street and south of 6th Street, ground level active office uses shall be allowed without a conditional use permit until August 1, 2020. Active office uses are those that operate in a manner that promotes and enhances pedestrian activity in the downtown area, in alignment with the Downtown Specific Plan vision. After that date, conditional use permit approval shall be required for such uses throughout the DHD zone district. 8.B.e Packet Pg. 124 Attachment: ZO amendment clean version (CC) (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) Gilroy City Code, Chapter 30, 30.19.10, subdivision (c)(2), is hereby amended to read as follows: “(c)(2) Downtown Commercial Use Table. DHD DED CCA TD CD GD Commercial Uses Animal Boarding X11 X11 X11 C19 Animal Grooming or Training X X X X Animal Hospital/Veterinary Office X Antique Shop X X X X Appliance Repair X X X Arcade and Internet Access as Primary Use X X X X Art, Dance, Gymnastic and Music Studios or Galleries X X X X X X Auction House X4 X X Automotive Body Repair and Painting C Automotive Car Stereos and Alarm Systems Sales and Installation X17 X17 X17 Automotive Car Wash X Automotive Gasoline Station X10 X Automotive Parts Sales X10 X Automotive Repair and Service X10 X13 Automotive Sales X9 X X Automotive Sales, Temporary3 C C C C Automotive Tire Shop X10 X Bank X X X X X Bakery/Coffee House X X X X X X Bakery, Commercial C12 C12 X X 8.B.f Packet Pg. 125 Attachment: ZO amendment underline-strikethrough version (CC) (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18- DHD DED CCA TD CD GD Bed and Breakfast Establishment X X X Boat and Motorcycle Sales X X Bowling Alley X X X Building Materials Sales and Storage X Card Room C C Clothing Sales/Service Establishment X X X X X Cottage Industry with Light Manufacturing and Assembly X X Dance Venue, Small X X X X X X Dance Venue, Medium15 X X X X X X Dance Venue, Large X16 X16 X16 C15 Desktop Publishing/Copy Shop X4 X X X X X Festival T T T T T T Grocery Store or Deli (Not Supermarket) X X X X X X Gymnasium/Health Studio X X X X X X Home Occupation6 X X X X X X Hotel, Motel X X X Laboratory (Research and Testing) X4 C C X Landscape Nursery X Liquor/Alcohol Sales/Bars (On-Site Consumption of Beer, Wine, or Liquor, not including Micro-Brewery and Wine Tasting Provisions below)5 C1 C1 C1 C1 C1 Liquor/Alcohol Sales (Off-Site Consumption)5 C C C C Medical or Dental Office/Clinic X4 X X X Micro-Breweries and Wine Tasting21 D D D Museums X X X X X X 8.B.f Packet Pg. 126 Attachment: ZO amendment underline-strikethrough version (CC) (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18- DHD DED CCA TD CD GD Mortuary or Crematory C X X Newspaper Printing Facility X Office X4, 22 X X X X X Outdoor Amusement/Recreation18 C Parking Lot (Automobile Parking) X X X X X X Pawn Shop X X Personal Services7 X8 X8 X X X X Pool/Billiards Establishment and Indoor Recreation X X C Printing/Sign Painting Establishment X X X X Restaurant X X X X X X Restaurant with Drive Through X X Retail Sales 10,000 sq. ft. or Less X X X X X Retail Sales 10,001 sq. ft. to 50,000 sq. ft. X X Retail Sales 50,001 sq. ft. or More X Supermarket X X Theater X X X X X X Therapy Clinic (Licensed Provider) X4 X X X X Tow Yard (No Dismantling or Parts Sales) C Public and Semi-Public Uses Ambulance Service X10 X X Community Center X4 X X X X X Adult or Child Day Care Center C X X X X Emergency Shelter20 C C C C C C Hospital, Rest Home, Sanitarium C X Lodge, Club, or Fraternal Hall X4 C X C X 8.B.f Packet Pg. 127 Attachment: ZO amendment underline-strikethrough version (CC) (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18- DHD DED CCA TD CD GD Public Facility X X X X X X Religious Institution X4 X X X X School (Private ≤ 12 Students) X4 X X X X X School (Private > 12 Students) C C C C C C Residential Uses Boarding or Rooming House C C C Caretaker’s Quarters X X X X X C Residential Units2 X4 X4 X14 X X X Temporary Uses Bazaar T T T T T Christmas Tree Lot T T T T Outdoor Booth/Sales T T T T T T X = Unconditionally permitted. T = Temporary use—See Article XLVII. C = Permitted only with conditional use permit granted by planning commission. D = Permitted only with an administratively approved downtown use permit granted by the community development director, or his/her designee. 1 The requirement for a conditional use permit does not apply to businesses whose primary use is the preparation and service of food, and liquor is served as a clearly ancillary use. 2 All residential unit projects within commercial zones shall comply with the following guidelines: (a) The number of residential units shall not compromise the quality or character of any existing or proposed businesses located on the same property; (b) The number of residential dwellings shall be limited by the availability and provision of off-street parking stalls or as allowed by ordinance; (c) All bedrooms proposed for residential use shall meet minimum square footage requirements in compliance with the Uniform Building Code; and 8.B.f Packet Pg. 128 Attachment: ZO amendment underline-strikethrough version (CC) (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18- (d) Open space shall be provided, when feasible. (e) Notwithstanding subsections (a) and (b) of this footnote, the minimum residential density in the DHD, DED and CD districts shall be twenty (20) units per acre. 3 A conditional use permit may be granted to an auto related sales business for up to four (4) temporary auto sales events on the same property within one (1) calendar year. 4 These uses are unconditionally permitted on the second story and above. Any time these uses are proposed for the ground level or first floor (sidewalk level), a conditional use permit is required, except that first floor office uses and desktop publishing/copy shop shall be allowed in the DHD without a conditional use permit until May 21, 2017. After that date, conditional use permit approval shall be required for new first floor office uses in the DHD. Residential units in these zones shall not front on the street. 5 Requests for new ABC liquor licenses are subject to review and approval of the city’s chief of police. 6 Permitted only if the regulations of Article XL, Home Occupation, are met. 7 Commercial uses providing needed services of a personal nature. Personal services generally include barber and beauty shops, nail salons, tanning and spa salons, seamstresses, tailors, shoe repair shops, dry cleaning (except bulk processing plants), self service laundries, massage parlors, and tattoo and piercing parlors, except where expressly prohibited (see footnote 8). 8 Uses offering the primary personal services of massage, tattoo, and/or piercing are prohibited. 9 Indoor only for the display and sales of automobiles with no repair or servicing. 10 Not permitted on any parcel fronting on Eigleberry Street or on those parcels that may front a side street on the one-half (1/2) block west of Gourmet Alley. 11 Day boarding only allowed; no overnight boarding. 12 Must have a prominent ancillary retail outlet or use. 13 Must be approved by a conditional use permit if within one hundred fifty (150) feet of a residential use. 14 Residential units may be allowed on the ground floor if located between Eigleberry and Church Streets behind a business. 15 Provided that all other provisions set forth in Chapter 8 are satisfied. 16 Up to three (3) large dance venues are allowed in the DHD downtown historic district, DED downtown expansion district, CCA civic/cultural arts district, combined, and only located on Monterey Street between 1st St. and 10th St. and only with a downtown special use permit granted by the community development director or designee; and provided, that all provisions set forth in 8.B.f Packet Pg. 129 Attachment: ZO amendment underline-strikethrough version (CC) (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18- Chapter 8are satisfied. City council approval is required for the fourth or more large dance venue in the DHD downtown historic district, DED downtown expansion district, CCA civic/cultural arts district, combined, and only located on Monterey Street between 1st St. and 10th St. and only with a downtown special use permit granted by the community development director or designee; and provided, that all provisions set forth in Chapter 8 are satisfied. 17 Sales shall be limited to car stereos and alarm systems, and installation and servicing must take place indoors. In the gateway district, outdoor installation and servicing may occur. However, a conditional use permit is required if located within one hundred fifty (150) feet of a residentially zoned property. 18 Outdoor amusement and recreation facilities require a conditional use permit. Indoor amusement and recreation facilities are enumerated under “pool/billiards establishment and indoor recreation.” 19 A conditional use permit is required for animal boarding within one hundred fifty (150) feet of residential properties and/or for businesses that board animals outside. Businesses that board animals more than one hundred fifty (150) feet from residentially zoned properties do not require a conditional use permit as long as the animals are contained inside a building. 20 Emergency shelters shall be subject to the performance standards listed in section 30.41.32. 21 Administrative approval of a downtown use permit is required when criteria set forth in section 30.50.35 are met. Any micro-brewery or wine tasting uses not meeting the criteria noted in section 30.50.35 would fall into the liquor sales/bars (on-site consumption of beer, wine, or liquor, except uses meeting micro-brewery and wine tasting provision) category in the use table. 22. Within the Downtown Historic District (DHD) zone district, along Monterey Road north of 4th Street and south of 6th Street, ground level active office uses shall be allowed without a conditional use permit until August 1, 2020. Active office uses are those that operate in a manner that promotes and enhances pedestrian activity in the downtown area, in alignment with the Downtown Specific Plan vision. After that date, conditional use permit approval shall be required for such uses throughout the DHD zone district. 8.B.f Packet Pg. 130 Attachment: ZO amendment underline-strikethrough version (CC) (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18- 8.B.g Packet Pg. 131 Attachment: Public Comments (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) 8.B.g Packet Pg. 132 Attachment: Public Comments (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) 8.B.g Packet Pg. 133 Attachment: Public Comments (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) 8.B.g Packet Pg. 134 Attachment: Public Comments (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) 8.B.g Packet Pg. 135 Attachment: Public Comments (1691 : Temporary Ground Floor Offices in Downtown Historic District Z18-03:) City of Gilroy STAFF REPORT Agenda Item Title: Consideration and Approval of Proposed Amendments to the Fiscal Year 2019 City Budget Meeting Date: June 18, 2018 From: Gabriel Gonzalez, City Administrator Department: Finance Department Submitted By: Jimmy Forbis Prepared By: Jimmy Forbis Bryce Atkins Strategic Plan Goals Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development  Customer Service ☐Enhanced Public Safety RECOMMENDATION Consideration of the adoption of a Resolution of the City Council of the City of Gilroy approving amendments to the adopted budget for the Fiscal Year ending June 30, 2019. FOLLOW-UP ITEMS At the June 4, 2018 regular meeting of the City Council, staff gave a mid -cycle presentation to Council on the projected year-end revenues and expenditures for Fiscal Year 2018 (FY18), and projected revenues for FY 2019 (FY19). As part of that presentation, potential expenditure amendments were provided and discussed. Council ultimately directed to bring back a resolution to the June 18, 2018 meeting for Council to consider the amendments. As part of that discussion, Council requested follow-up information – those responses are listed below. Can the Employee Assistance Program (EAP) Vendor Smooth their Rate Increases? 9.A Packet Pg. 136 The City’s contract with the EAP provider “Concern” was under a rate lock for the last three years, whereby the plan could not raise the premiums for the program to the City. Employee utilization has been higher under the Concern EAP plan, more so than expected when the contract was entered into. At this time, quotes have been received from available providers and the only way to lower costs would be to dramatically lower the benefits provided under the program or change back to the plan the emp loyees did not utilize. If future utilization is the same as the past couple of years, then the rates will be fairly stable going forward. The plan has worked hard to ensure that the employer’s needs are being met and that employees are referred to quality mental health care providers. Our employees report that the customer service and responsiveness of the staff and providers is excellent. The City did make a change to another lower cost provider in the 2012 -2015 time frame and the feedback was poor so the City switched back to Concern EAP in 2015. Limited providers, quality of providers, and responsiveness were the main issues of concern with the other lower cost plan. Many mental health care providers did not want to sign contracts with the lower cost plan for financial reasons. As discussed at the Council Meeting on June 4, 2018, staff is of the opinion that a change in plan may require employees to change providers already being used causing a disruption to services being received. Another challenge is there are limited plans to service our geographic area. Staff will continue to explore other options in 18 months when this plan goes back out for competitive bidding. Potential Art Center Loan Structure as a Funding Option. This information is discussed as part of Option 1 in the Gilroy Center for the Arts Improvements amendment request description later in the staff report. For Citywide Administrative Operational Capacity Proposal, What Work is Not Happening? As the City has hired more professional/technical positions over the last two years, there has not been the administrative support that the positions typically need. This results in managers and/or supervisors spending their time pasting mailing labels on envelopes, handling purchase orders, and other administrative tasks that an administrative position can handle, freeing up the professional/technical positions to do more of what their role and position duties are in support of the City’s operations. Having the professional/technical positions doing administrative work is not the highest and best use of their time. Examples include the City Administrator. Before having the Management Assistant position, the City Administrator would manage his own calendar, call to arrange meetings, review leave request slips, and address other administrative details instead of focusing on the higher level work that the position is to perform. With the Management 9.A Packet Pg. 137 Assistant handling these issues he has decreased the administrative workload and increased his management capacity, and is now able to attend more meetings, collaborate more with outside stakeholders, and other higher level work. In Public Works, the Management Analyst spends the vast majority of their time drafting requisition request forms, administering purchase orders, and monitoring contracts. The positions duties were intended to gather operational data, assess process improvements for greater efficiency, and help to make data driven recommendations and decisions in support of the Department’s operation. This leaves the Director to then spend his time gathering data, handling procedural process improvements, and crafting policies instead of his full time providing high level direction, coordination, and addressing larger issues. For Community Development, the same Management Analyst in Public Works was doing the same administrative work for Community Development. Additionally, higher paid positions are handling public notice advertisement drafting, processing paperwork, and handling commission and committee agendas and minutes. This work detracts from their time reviewing plans, making determinations on applications, and handling the work of the department. Recreation is also encountering similar administrative support needs. Instead of the Senior Center Coordinator attending a Santa Clara County-led meeting on aging or researching and writing grants to expand senior programming, the Coordinator is often forced to serve as an attendant at the lobby front desk and support day-to-day operations while trying to also complete their primary duties. In Youth Services, the Coordinator is in a similar situation. She is often playing the role of a Gilroy Youth Center Recreation Leader or filling in at Late Night Gym. As a result, she is either not able to focus on expanding the programming opportunities or is forced to work overtime. Having the additional recreation specialist support will free up these two positions to work at the duties and roles outlined in their positions. In summary, administrative work is being done, but done by managers and supervisors. Instead of focusing fully on their managerial, professional and technical roles, they are spending time handling administrative matters. Adding these positions will ensure that administrative work is done by administrative professionals, and the professional/technical staff will have more capacity to fulfill the roles they were hired to perform. Rate of Personnel Cost Growth Compared to Revenue Growth. Below is a table that demonstrates the increase in General Fund revenue and personnel costs between 2008 and 2017 as a percentage of growth. As can be seen in the below table, the growth in General Fund revenue has been higher than the growth of personnel costs. 9.A Packet Pg. 138 Fiscal Year GF Revenue1 GF Personnel Cost1 Number of Full Time Positions2 2008 40,408,932$ 29,364,743$ 298 2017 49,040,962$ 32,320,588$ 265 Growth 21.36%10.07%-11.07% 1) Data from Sungard revenue and expense reports 2) Data from authorized positions lists The lower full-time position counts indicate that the headcount of positions have been lowered since 2008, but the cost to maintain positions on the General Fund has increased. However, the rate of revenue growth between these two years exceeds the rate of growth of personnel costs. Increased costs for personnel include wages, but are predominately driven by CalPERS pension cost increases. Citywide Organizational Chart Comparisons Council made a request to review before and after organizational charts that illustrate the changes in positions of the requested amendments related to positions being modified. These charts are attached to this staff report. Prioritization of the positions is discussed later in this staff report in the Citywide Administrative Operational Capacity Proposal amendment discussion. Measure B Repayment Potential for Local Streets/Roads Program Contribution. At this time, staff is awaiting response from the Valley Transportation Authority (VTA) staff about the potential of reimbursement for the Local Streets and Roads Program expenditure. VTA is the organization that has been given oversight of Measure B revenues and is tasked with developing the procedures and policies to implement Measure B per its legal language. However, staff recommends that this be considered a one-time investment from the Vehicle Registration Fee Fund that is proposed to fund the expenditure. Reimbursement may be possible, but staff does not recommend holding the project back waiting for a response from VTA. Staff recommends proceeding with the original proposal to fund the $100,000 with VRF funds. During the next budget cycle the City will know where Measure B and SB1 revenue will stand, and allow Council to make the best informed decision possible regarding the ongoing funding of this program. Conduct Future Mid-Cycle Meetings Earlier by Three Meetings. In the future, staff will initiate the mid-cycle process with bringing the initial information and requested amendments to the first regular Council meeting of May, and the second meeting of May for consideration of adopting the amendments. This will allow for an 9.A Packet Pg. 139 additional meeting or two before the start of the following fiscal year in case more information or Council discussion is desired. PROPOSED AMENDMENTS Below is the list of amendments that have been proposed, numbered and ordered the same as before. They are summary statements of what was presented at the June 4, 2018 meeting, with the exception of the IT Department proposal, which has been amended. 1. Reorganization of IT from a Division within the Finance Department to be a Standalone Department Cost: $67,879 – IT Fund; General Fund Share $52,946 Description: Per Council feedback, this item has been modified as it no longer contains additional positions. Instead, the proposal seeks to reorganize IT into its own department, and convert the IT Manager position into an IT Director position. The IT Director would then initiate an analysis and subsequent recommendation(s) regarding the best IT service delivery model for the City. This analysis will be brought back to Council sometime in the future. The original proposal included adding two new positions, including a Network Administrator and a Systems Analyst. However, staff has since revisited the proposal in light of Council’s questions regarding the optimal service delivery model for the City, and is instead recommending that the proposed IT Director conduct a study to evaluate and recommend to Council the best service delivery model for the proposed IT Department. 2. Citywide Administrative Operational Capacity Proposal Cost: $345,436 – various funds; General Fund Share $120,738 Description: This proposal is to increase administrative positions in the Police, Community Development, Public Works, and Recreation Departments. In each proposal, the Departments are eliminating part time positions to help offset the cost increases. The intent of the proposal is to remove administrative work from technical/professional employees. This will allow them to focus more of their work on service delivery, and the new administrative support capacity to handle the administrative work. The Police Department reorganization entails more position modifications, including eliminating full-time positions, and also provides more data gathering, analysis, and reporting capacity, as well as establishing the Homeless Services Coordinator position. The Recreation Reorganization would entail a transfer from the General Fund, amounting to approximately $155,000. This amount is not included in the General Fund share listed above, but is reflected in the Amendments table attached to this staff report. 9.A Packet Pg. 140 While all positions are important, staff is aware of the concern regarding ongoing costs. Staff is therefore presenting options based on prioritization of the requests. Priority 1 – Police (Single Combined Package Proposal) Cost: $20,489 – General Fund The highest priority reorganization is that of the Police Department in their role in public safety response. Accurate crime data collection enhances distribution of public saf ety resources and assets in the field. The data is also useful as the Council desires to receive more frequently and timely information. The addition of an administrative Patrol Sergeant to relieve all other Patrol Sergeants of administrative duties will free up their capacity so they can focus on direct public safety services in the field. The original proposal included the addition of a Homeless Services Coordinator/Community Service Officer to help enhance services to address the issues surrounding some of the community’s homeless residents. However, staff is recommending that instead of funding the position now, the City explore the possibilit y of a regional staff position with costs shared among a few or several potential regional partners, and to have a broader perspective to deal with this regional issue. Below is the listing of positions within the Police Department, the recommended changes, and their cost. Position Description Mission Critical Comments Cost Current Administrative Secretary Conversion of position proposed Yes (under former model) Unique single position classification; extra recruitment work. Other depts. use Management Assistants $ (115,357) Police Captain Eliminate professional standards Captain Yes (under former model) Captain position vacant; work already reapportioned to remaining Captains $ (267,660) Office Assistant Eliminate position Yes (under former model) Duties will be distributed to other proposed positions $ (100,526) Total Savings $ (483,543) Proposed Management Assistant Cover duties currently given to Admin Secretary Yes Admin Secretary duties; also advanced administrative and low level analytical capacity $ 121,881 9.A Packet Pg. 141 Position Description Mission Critical Comments Cost Management Analyst Provide data gathering, analysis, and reporting Yes Data is needed and requested by Council and staff to make data driven decisions. Needed capacity addition to existing analyst with dual position roles $ 154,419 PT Office Assistant Part-time position to cover some administrati ve tasks Yes Cover some of the remaining duties from the eliminated FT Office Assistant $ 28,686 Patrol Sergeant Additional Patrol Sergeant to handle administrati ve tasks. Yes Would handle assigned lower level administrative duties re-assigned from existing Captain positions, and free up admin work from other existing Patrol Sergeants $ 199,046 CSO Position to serve as Homeless Services Coordinator No Proposal revised to explore potential regional partnership with other entities for cost sharing $ - Total Proposed Cost $ 504,032 Proposed Amendment Total $ 20,489 Priority 2 – Community Development Cost: $92,494 – General Fund Community Development processing timeliness and customer service has been a major concern of Council and staff, and is featured heavily in the Council’s recently adopted 2018 Strategic Plan in a large portion of the goals for the City. The addition of the Management Assistant will help assist staff with public noticing, staff report reviews, agenda preparation, distribution and minutes for the Historic Heritage Commission, Planning Commission, General Plan Advisory Committee, and Housing Advisory Committee, among others. Additional tasks appropriate for this position include coordination of quarterly Developer’s Roundtable meetings and involvement in Special Projects as requested by City Council. In addition, the creation of this position is consistent with findings and recommendations of the Community Development Organization Review. By converting this position to a Management Assistant, it will free up time of the professional/technical staff, allowing them to provide better customer service and more time to review and turn-around project applications of developers, aiding economic development efforts. 9.A Packet Pg. 142 Below is the listing of the proposed change. Position Description Mission Critical Comments Cost Current PT Office Assistant Conversion of position proposed Yes Only offers part-time hours, hard to keep staff $ (29,387) Total Savings $ (29,387) Proposed Management Assistant Increased duties, hours, and level of work Yes Expanded duties; advanced administrative and low level analytical capacity $ 121,881 Total Proposed Cost $ 121,881 Proposed Amendment Total $ 92,494 Priority 3 – Public Works Cost: $77,547 – various funds; $7,755 – General Fund The proposed Management Assistant position would be responsible for handling higher level administrative work; informal oversight of administrative functions with the Operations division; provide a constant presence at the front/reception area of the Corporation Yard; provide continuous clerical and administrative support to the five sections within the division; and will provide an additional 15 hours of administrate coverage each week. This position will also assist in the implementation of new programs and coordinating various cross sectional and divisional responsibilities. These activities are anticipated to increase efficiency in completing tasks and providing assistance. Below is a listing of the proposed change. Position Description Mission Critical Comments Cost Current PT Office Assistant Conversion of position proposed Yes Only offers part-time hours, hard to keep staff $ (44,334) Total Savings $ (44,334) Proposed Management Assistant Increased duties, hours, and level of work Yes Expanded duties; advanced administrative and low level analytical capacity $ 121,881 Total Proposed Cost $ 121,881 9.A Packet Pg. 143 Position Description Mission Critical Comments Cost Proposed Amendment Total $ 77,547 Priority 4 & 5 – Recreation Cost: $154,906 for both positions – Recreation Fund (will entail a General Fund transfer to Recreation of the same amount) Priority 4 – Youth Services Recreation Specialist – $77,453 Priority 5 – Senior Center Recreation Specialist – $77,453 The Recreation proposal is to amend the job description and make two part-time recreation specialists into full-time positions. The cost has been amended as a result of two identified issues when crafting this staff report. 1) The cost savings from one of the part time positions was overstated in the June 4, 2018 staff report, due to a data entry error in the worksheet for the calculation. That issue has been fixed. 2) At the time of writing the June 4, 2018 staff report, the maximum amount of compensation for the full time Recreation Specialist was kept at the level of Management Assistant, however, as the position is to be supervised by Recreation Coordinators, the maximum amount of $121,881 of the Management Assistant range would be slightly higher than the highest step of Recreation Coordinator, creating a compaction issue. The highest range that can be used without creating a compaction problem is AFSCME General Employees Range 18, setting the maximum amount of total compensation cost to $104,316 per year per position. As such, the amounts have been corrected in the table below and on the attached amendment table. Again, the exact compensation for this position is not finalized, but with step and promotional compensation increases and compaction prevention, it will not likely exceed this revised maximum. The positions are planned to be in the Senior Center and the Youth Services programs. It is expected that this proposal will also allow for additional hours, expanded job duties as outlined in the June 4, 2018 staff report, and an easier and less frequent amount of recruitment for these positions, clearing capacity for Human Resources as well in their recruitments. Below are listings of the proposed change for each of the positions as a combination. Each position is given a priority above, with a statement of the net cost amendment. 9.A Packet Pg. 144 Position Description Mission Critical Comments Cost Current PT Recreation Specialist – Senior Center Conversion of position to Full-time Yes Only offers part-time hours, hard to keep staff $ (26,863) PT Recreation Specialist – Youth Services Conversion of position to Full-time Yes Only offers part-time hours, hard to keep staff $ (26,863) Total Savings $ (53,726) Proposed FT Recreation Specialist – Senior Center Increased duties, hours, and level of work Yes Expanded duties and hours serving in the Senior Center $ 104,316 FT Recreation Specialist – Youth Services Increased duties, hours, and level of work Yes Expanded duties and hours serving in Youth Services programs $ 104,316 Total Proposed Cost $ 208,632 Proposed Amendment Total $ 154,906 The Recreation Department has provided a more comprehensive justification for the need for the two positions than in the initial staff report. As such, it is included below. Priority 4 – Youth Services Recreation Specialist For the past five months, The Community Coordinator has struggled to fulfill her responsibilities while absorbing the vacancies of two key positions: Recreation Specialist and the Lead Recreation Leader. Duties that are normally reserved for the Recreation Specialist and Lead have fallen to the Coordinator. A lack of Youth Center leadership, staff training, mentoring/staff development has resulted in high staff turnover in the past three years. As of February 2017, six (6) Youth Center staff has resigned to pursue other employment opportunities. As the Youth Center only has six part time positions, the result of the ongoing staff vacancies, the number of Youth Center participants allowed in the program has been reduced to a maximum of 40, instead of the average of 100, that was served in 2016 and prior years. These vacancies prevent 60 or so at-risk youth from being served during the school year and summer months. There is also understaffing at San Ysidro as the Department currently has two part-time Recreation Leader’s working only four hours a week each. The objective of the Recreation Leader positions at San Ysidro is to support the Community Coordinator’s outreach efforts and services for East Gilroy residents. With an increase of 9.A Packet Pg. 145 neighborhood participation in the grassroots organization Nueva Vida, the Community Coordinator has been forced to work overtime and weekends to meet the group’s growing requests for culturally relevant programs, classes and special events. Since the week of January 7, 2018, the Community Coordinator has worked on either a Saturday or Sunday during ten of 22 weeks. This comes out to working a weekend nearly every other week. As a result of being stretched thin, the Community Coordinator has had to turn down collaborative opportunities such as a GUSD Health Resource Fair, Santa Clara County Public Health Department classes and workshops, and the San Francisco State University parent engagement and education workshops. Late Night Gym (LNG) is a Tuesday night program in collaboration with the South County Youth Task Force and Youth Alliance that targets at-risk youth at Wheeler Community Center, and is also being challenged by staffing shortages. Friday Late Night Gym is a similar program on Friday nights targeting at-risk youth at the Cesar E. Chavez Gym. This program has been cancelled since December 2017 due to insufficient staff support. There was an average of 15-20 children and youth from the San Ysidro neighborhood who would regularly attend this program. Priority 5 – Senior Center Recreation Specialist Current vacant positions in the Senior Center are a Recreation Specialist and Recreation Leader. The Senior Center Recreation Coordinator is maintaining her current work load, in addition to fulfilling the responsibilities of the Recreation Specialist and Recreation Leader position tasks. Although there are staff vacancies, the number of Senior Center participants is increasing. Two years ago, the Center averaged 90 participants daily. Currently, there is an average of 110 daily participants. Reduced Senior Center leadership has affected the ability to provide adequate customer service, and as a result addressing senior related concerns and programming needs have been delayed. Over the last year, Senior Center staff has resigned to pursue other full-time benefitted employment opportunities. The Senior Center Recreation Coordinator has had to delay collaborative opportunities due to limited staff support. In summary, the Recreation Department runs a lean operation, with only 12 Full-Time positions and a part-time workforce of up to 80 staff in the summer. The Department offers over 800 programming sessions per year, has a current client database of over 21,000 customers and strives to serve a growing City of Gilroy population of 57,000 (as of 2017 census data). With the current Recreation Specialist positions being only part - time, existing part-timers are always looking for full-time opportunities, leaving the Department open to continuous turn-over and difficulty in recruiting. Both Recreation Coordinator positions have been short staffed for some time. The additional work load and responsibilities have resulted in increased levels of stress, feeling inundated and overwhelmed , which is a growing concern for the Recreation 9.A Packet Pg. 146 Director. Although both Recreation Coordinators are short-staffed and have to absorb other job functions due to these staff shortage, if forced to choose only one of these two full-time Recreation Specialist positions for funding, the Recreation Director would choose the Youth Center Recreation Specialist because that is where the Department’s need is greater. 3. Gilroy Center for the Arts Improvements Cost: $3 million – General Fund Reserve or Public Facilities Impact Fee Fund via a General Fund Loan. Design plans only: $285,000. Description: This would be to implement Version 2 of Gilroy Center for the Arts improvements design. There are three options that staff has identified. Staff previously had only identified the Loan Option as discussed below. Potential Art Center Funding Options At this time, staff has identified three options regarding the potential Gilroy Center for the Arts improvements: Option 1 (Loan Option) - The project may be paid out of the Public Facilities Impact Fee Fund (PFIF). Not Recommended. There is currently insufficient funding to pay the full cost out of PFIF, and still have enough fund balance to pay for future payments obligated against PFIF. For this option, an interfund loan could be generated from the General Fund to PFIF to fund the project in the immediate future, with payments from PFIF in future years to reimburse, with interest, the General Fund for the loan principal. The loan could have multiple design elements. However, assuming a 20 year loan repayment plan with interest based on the Local Agency Investment Fund rate, and one payment per year, the $3 million principal would be repaid with $581,473 in interest payments during that term. The annual payment would be $179,074 from the PFIF to the General Fund until 2038. Attached to this staff report is a potential amortization schedule for the loan, should Council determine to proceed with this loan structure. This annual payment carries an opportunity cost. Funds used for repayment of the loan cannot go towards other downtown or any other public facility. This creates limited options for future development of projects. When the General Plan process and subsequent Master Plans are completed, the PFIF is one of the major sources of revenue to fund public facilities outside of water, sewer, and traffic infrastructure expansions. Also, as with any debt, the $581,473 in interest payments to the General Fund detracts from other projects that the PFIF can fund. While the General Fund does benefit from the interest payments, it is an opportunity cost for the use of PFIF fund balance growth to be applied towards other improvements, and is only one- 9.A Packet Pg. 147 time revenue. Investment from the General Fund, aside from covering shortages during tough economic times, may best be used to help further economic development projects, designed to increase ongoing revenue sources. Should Council desire a shorter repayment period, the annual payment amount would be increased. Interest payments would be decreased, and primary payments would be larger. The larger the payments are, the less the fund balance builds in the PFIF and the longer it will take to building up funds sufficient for other projects that may be desired by Council. Additionally, the funding is dependent upon development. When the next recession hits, the funding received may be insufficient to repay the loan in concert with the other debt service obligations the PFIF has. If that happens, the payment schedule would likely extend, and the total amount of interest paid would increase. Option 2 (Do Nothing Option) – Council could determine not to fund the improvement of the Gilroy Center for the Arts at this time. Not Recommended. By not making an investment in the building, even a planning and design investment, continues to defer the improvement and maintenance of the building, and would likely slowly deteriorate more until such time as funding is made available for improvements. Option 3 (Phased Implementation Option) – Council may make incremental progress by investing in obtaining design plans for the improvements, and engage the Gilroy Arts Alliance, Public Art Committee, and other stakeholders to optimize chances for the Gilroy Center for the Arts to be successful. Recommended. This option would have the City make the investment of $285,000 from the PFIF to pay for design plans in preparation of construction. City staff would then engage the Gilroy Arts Alliance to develop a pro forma business plan and marketing plan to show profitability of the operations of the Center to become self-sufficient. Staff would then engage the stakeholders to raise funds to complete the project and seek grant and other funding options to generate enough revenue to construct the improvements. 4. Commissioner Training Cost: $120,000 – General Fund Description: At the May 21, 2018 follow-up to the Boards and Commissions Assessment presentation that was given at the May 7 th Council Meeting, Council requested that this item be brought back before Council as part of the mid-cycle budget process. As part of the report, the estimate for funding training for all boards and commissions, based on the average of the four advisory boards and extrapolated over all 15 commissions, committees and boards was $120,000. The spreadsheet from the assessment report is attached to this staff report. 9.A Packet Pg. 148 If approved, the procedures for boards and commissions to request training will be developed and brought before Council. Additionally, it will include a process for Council to determine which of any competing requests get funded if the requests are greater in cost than the budgeted amount. Additionally, staff is working on updating the City’s travel policy, and will be returning to Council with proposed revisions for consideration. 5. Employee Assistance Program (EAP) Cost: $30,000 General Fund Description: The City has held a contract with the EAP provider Concern for approximately four years. During that tenure, the rate has been locked. The City’s employees during this contract rate lock have been u sing the EAP services more than was originally planned in the rate provided by Concern. Now that the contract is open again, the rate being charged in the renewal is 200% higher due to higher levels of use than was being done with the previous provider. The amendment request would increase the budget to cover that increase. 6. Speed Zone Study Cost: $15,000 – Transportation Funding Description: The Public Works Department has requested to use additional funding from Gas Tax to expand the speed zone survey line item from $35,000 to $50,000 for FY 19. This will provide a citywide speed zone analyses on all City streets with speed limits in excess of 25 miles per hour. This will help inform and address traffic management issues and the traffic management program. 7. Increase Police Officer Authorized positions by One to a Total of 44 Cost: $0 Description: This request does not have a budget implication for the FY 19 budget. Council had previously approved the position in 2016, but the position count did not reflect it in the authorized position list. Staff is requesting to increase the authorized positions for the Police Department, relating to Police Officer positions, by 1, bringing the total from 43 to 44 authorized Police Officers. This request is to simply have th e authorized position list reflect the previous Council action. 8. Convert Limited Term HR Analyst to a Permanent HR Analyst Position Cost: $0 Description: In the FY 18 and FY 19 budget process, the City Council approved upgrading a part-time Human Resources Analyst position (25 hours per week) to a full- time limited term position budgeted through June 30, 2019. A candidate who was willing to take a chance on a two year position to work locally was hired. Since that time, the other full-time Human Resources Analyst left for another position necessitating the hiring of another Human Resources Analyst to fill the vacancy. There was a 9.A Packet Pg. 149 candidate from the prior eligibility list who was selected to fill the remaining portion of the limited term position (May, 2018 – June, 2019). Given the work load indicators, primarily the continuous number of recruitments needing completion and projected recruitment needs, staff is requesting that the limited term designation for this position be changed to regular status in an effort to retain the staff recently hired and to avoid the position turning over again before June 30, 2019. Designating the position as regular status in the FY 19 budget will provide an indicator (not a guarantee) that the position will continue to be included in future budgets. Approving this amendment changes the position from temporary to permanent, and makes the short term funding of the position an ongoing cost. The FY 19 budget already contains the costs for this position, so this change does not present the need for an appropriations amendment for the upcoming fiscal year. However, the position was contemplated to end after FY 19. As such, approving this amendment would add the full cost of the position to future budgets beginning with the next budget cycle, resulting in status quo budget expenditure as opposed to a reduction in expenditure in future years. 9. HR Recruitment Costs Cost: $35,000 General Fund Description: As discussed earlier in this report, the Human Resources Department has been seeing an increase in recruitments for positions with the City. This has resulted in a higher cost that was originally contemplated for FY 19. The high turnover rate being experienced this year, and having to do multiple recruitments for some positions to get a quality candidate has caused increases in the cost of advertising, public safety background checks, and interviewing costs. Staff is requesting a budget amendment be made to increase the Human Resources recruitment costs appropriations by $35,000, bringing the total budget for recruitment costs to $100,000 from $65,000. Some of this cost will be distributed to other funds as part of the overhead charges at the close of each fiscal year. 10. Community Engagement Manager Position Compensation Cost: $49,110 – General Fund Description: The Administration Department includes the Public Information/Community Engagement Office. With the retirement of the Public Information Officer, staff is proceeding to revise the classification to match more current trends in public information and community engagement. Community Engagement is a much more involved process, takes more specialized knowledge, and engages residents in two-way communication, as opposed to the older, one-way approach of public information. The intended result is a better informed and engaged community. 9.A Packet Pg. 150 Staff is seeking to convert the former position into a Community Engagement Manager. In surveying comparison cities regarding compensation, the City’s current salary schedule for this position is noticeably on the very low end of the spectrum. The cost of this increase is $49,110 from the General 11. Building Division – Record Scanning Project Cost: $100,000 – General Fund Description: The City Clerk’s Office is requesting funding to hire a specialized firm to scan building division files in Community Development into Laserfiche, the City’s electronic document retention system. The estimated cost is just under $100,000 from the General Fund. Staff is requesting that the FY 19 budget be amended to include these costs. To attempt to do this scanning internally would take several years with a single office assistant dedicated solely to working on this project. By contracting the work out, the project can be completed faster and preserve operational capacity of one of our administrative staff positions. 12. Local Streets and Roads Program Funding Cost: $100,000 – Vehicle Registration Fund (one-time) Description: Public Works is requesting $100,000 from the Local Streets and Roads Program for additional maintenance work in FY 19. In FY 17, Council appropriated one- time funding to procure equipment and supplies to conduct road maintenance throughout the City, according to set parameters, in conjunction with other one -time funding for other street repair initiatives. The initial funding has been exhausted, and addition funding for materials and supplies are needed to continue this program and utilizing the equipment that the City has invested in. Staff’s request for $100,000 only takes into consideration the Department’s capacity. The program is carried out by using City employees from the streets, wastewater, and trees Division, thus these employees carry out other operational tasks, and cannot be dedicated entirely to street improvement operations. Through this requested investment, the pavement condition index for the City will be better preserved, and is intended to reduce future need for road rehabilitations. The amount would be a one-time authorization to use this funding source. Ongoing funding for this program will be discussed as part of the next two-year budget cycle. That discussion will also detail proposed sources of funding, including the possibility of using SB1 or Measure B funding for ongoing work under this program. ALTERNATIVES 1. Council may approve the resolution as attached. This includes all the proposals, with the Gilroy Center for the Arts proposal with Option 3 strategy. Recommended. The amendments are aimed at meeting operational needs of 9.A Packet Pg. 151 the City, and addressing funding issues for some services that are essential to effective operations. 2. Council may modify the resolution to identify only those amendments they desire to approve. Not Recommended. While better than outright rejection of all amendment proposals, staff’s recommendation is to approve the amend ments to achieve the benefits contemplated within them. 3. Council may reject the resolution, not approving any of the amendments. Not Recommended. The investments proposed are all aimed at enhancing City services, and many meeting critical needs. It is highly encouraged that if not all of the proposals are satisfactory to Council, that Council consider funding those that Council deem critical through a modified resolution. FISCAL IMPACT/FUNDING SOURCE The total amounts and the funds that are impacted will var y based on what is approved. Attached to this staff report is a spreadsheet that identifies the amounts and funds that would be impacted by each proposal. General Fund Fiscal Impact The amount of General Fund impact if all items are approved is $507,793, with an additional $146,538 transfer to the Recreation Fund. $100,000 of the amount stated above is one-time, with $407,793 being ongoing costs. Non-General Fund Fiscal Impact In total, the Non-General Funds Impact will be approximately $346,264, including the Recreation Funds costs. Of this, only $231,264 is ongoing. If Council chooses to pursue the Phased Implementation Option for the Gilroy Center for the Arts improvements, then this amount would be increased by an additional $285,000. Interfund Loan Fiscal Impact Should Council approve the Loan Option for the Gilroy Center for the Arts, t he interfund loan would be for $3 million from the General Fund to the PFIF. The amount would be repaid over 20 years, with approximately $581,000 in interest payments to the General Fund. Please see the attached amortization table for suggested repayment terms should Council select this option. CONCLUSION The included amendments are intended to enhance service delivery in departments, as well as meet other financial and/or administrative needs. Staff is recommending that all proposals be approved via the attached resolution. Should Council determine that only certain amendments are approved, then the resolution can be modified by Council action. 9.A Packet Pg. 152 NEXT STEPS Once approved, staff will implement the amendments adopted by resolution to the FY 2019 City budget. Attachments: 1. Exhibit A - Amended Proposal Cost Table - FY 2019 Mid-Cycle Amendments 2. Sample Loan Amortization Table 3. Finance and IT Current Org Chart 4. IT Dept Proposed Org Chart 5. Police Department Current Org Chart 6. Police Department Proposed Org Chart 7. Community Development Current Org Chart 8. Community Development Proposed Org Chart 9. Public Works Current Org Chart 10. Public Works Proposed Org Chart 11. Recreation Current Org Chart 12. Recreation Proposed Org Chart 13. Commission Training Request 14. Fiscal Year 2019 Mid Cycle Resolution and Exhibit A 9.A Packet Pg. 153 Amended Proposal Cost Table FY 2019 Mid-Cycle Amendments Amendment General Fund Non-General Funds Total Amount Reorganizations 173,683$ 239,632$ 413,315$ Police 20,489$ -$ 20,489$ Community Development 92,494$ -$ 92,494$ Public Works 7,755$ 69,792$ 77,547$ Recreation (transfer from the General Fund)-$ 154,906$ 154,906$ IT 52,946$ 14,933$ 67,879$ Employee Assistance Program 30,000$ -$ 30,000$ Speed Zone Study -$ 15,000$ 15,000$ HR Recruitment Costs 35,000$ -$ 35,000$ Community Engagement Manager Compensation 49,110$ -$ 49,110$ Building Division - Record Scanning Project 100,000$ -$ 100,000$ Police Officer FTE Increase by 1.0 -$ -$ -$ Local Streets and Roads Program Funding -$ 100,000$ 100,000$ Convert Limited Term HR Analyst to Regular HR Analyst -$ -$ -$ Gilroy Center for the Arts Remodel/Expansion 1 -$ 285,000$ 285,000$ Commissioner Training 120,000$ -$ 120,000$ Total Budget Amendments 507,793$ 639,632$ 1,147,425$ 1)Assuming loan from the General Fund Transfer from General Fund to Recreation 154,906$ -$ 154,906$ DRAFT 6/6/2018 9.A.a Packet Pg. 154 Attachment: Exhibit A - Amended Proposal Cost Table - FY 2019 Mid-Cycle Amendments (1742 : FY 2019 Amendments Resolution) Sample Loan Amortization Table Gilroy Center for the Arts Loan from General Fund to Public Facilities Impact Fund Prinipal 3,000,000$ Loan Term (Years)20 Annual Interest Rate (LAIF)1.75% Payments per Year 1 Annual Payment Amount $179,074 AMORTIZATION SCHEDULE Payment Number Payment Date Payment Amount Principal Payment Interest Payment Ending Loan Balance 1 Jun-19 (179,074)$ (126,574)$ (52,500)$ 2,873,426$ 2 Jun-20 (179,074)$ (128,789)$ (50,285)$ 2,744,638$ 3 Jun-21 (179,074)$ (131,043)$ (48,031)$ 2,613,595$ 4 Jun-22 (179,074)$ (133,336)$ (45,738)$ 2,480,259$ 5 Jun-23 (179,074)$ (135,669)$ (43,405)$ 2,344,590$ 6 Jun-24 (179,074)$ (138,043)$ (41,030)$ 2,206,547$ 7 Jun-25 (179,074)$ (140,459)$ (38,615)$ 2,066,088$ 8 Jun-26 (179,074)$ (142,917)$ (36,157)$ 1,923,171$ 9 Jun-27 (179,074)$ (145,418)$ (33,655)$ 1,777,752$ 10 Jun-28 (179,074)$ (147,963)$ (31,111)$ 1,629,789$ 11 Jun-29 (179,074)$ (150,552)$ (28,521)$ 1,479,237$ 12 Jun-30 (179,074)$ (153,187)$ (25,887)$ 1,326,050$ 13 Jun-31 (179,074)$ (155,868)$ (23,206)$ 1,170,182$ 14 Jun-32 (179,074)$ (158,595)$ (20,478)$ 1,011,587$ 15 Jun-33 (179,074)$ (161,371)$ (17,703)$ 850,216$ 16 Jun-34 (179,074)$ (164,195)$ (14,879)$ 686,021$ 17 Jun-35 (179,074)$ (167,068)$ (12,005)$ 518,953$ 18 Jun-36 (179,074)$ (169,992)$ (9,082)$ 348,961$ 19 Jun-37 (179,074)$ (172,967)$ (6,107)$ 175,994$ 20 Jun-38 (179,074)$ (175,994)$ (3,080)$ -$ Total (3,581,473)$ (3,000,000)$ (581,473)$ DRAFT 6/6/2018 9.A.b Packet Pg. 155 Attachment: Sample Loan Amortization Table (1742 : FY 2019 Amendments Resolution) G:\cityinfo\Org Charts Updated: 5/2018 FINANCE DIRECTOR Jimmy Forbis FINANCE/IT DEPARTMENT (CURRENT) REVENUE OFFICER ACCOUNTING/PAYROLL/AP FINANCE MANAGER Rosemary Guerrero SUPERVISING ACCOUNTING TECHNICIAN/PURCHASING COORDINATOR ACCOUNTANT II ACCOUNTING TECH (PAYROLL) ACCOUNTING ASSISTANT (ACCOUNTS PAYABLE) ACCOUNTING TECH (UB/BUSINESS LICENSE) ACCOUNTING ASSISTANT (4) P/T ACCOUNTING ASSISTANT BUDGET/UB FINANCE MANAGER Bryce Atkins INFORMATION TECHNOLOGY MANAGER Scott Golden PUBLIC SAFETY SYSTEMS ADMINISTRATOR INFORMATION TECHNOLOGY APPLICATION ANALYST INFORMATION TECHNOLOGY TECHNICIAN I/II 9.A.c Packet Pg. 156 Attachment: Finance and IT Current Org Chart (1742 : FY 2019 Amendments Resolution) Updated: 5/2018 IT DIRECTOR Scott Golden INFORMATION TECHNOLOGY (IT) DEPARTMENT (PROPOSED) Manages public safety mission critical sys- tems Administers server and storage environ- ment citywide Frontline support for public safety devices and technology PUBLIC SAFETY SYSTEMS ADMINISTRATOR Steve Baty IT APPLICATIONS ANALYST Vacant Administers and sup- ports citywide soft- ware applications Database Management Develops Website and Intranet systems IT project manager for all software related projects Frontline support for Information Technology Maintains Helpdesk System Deploy and support desktops and associ- ated software Tablet and Smart Phone configuration IT TECHNICIAN I/II Nathan Hand 9.A.d Packet Pg. 157 Attachment: IT Dept Proposed Org Chart (1742 : FY 2019 Amendments Resolution) G:\cityinfo\Org Charts Updated: 5/2018 CHIEF OF POLICE Scot Smithee POLICE DEPARTMENT (CURRENT) PROFESSIONAL STANDARDS CAPTAIN Vacant ADMIN. SERGEANT PATROL TEAM 2 SERGEANT CORPORAL 5 PATROL OFFICERS PATROL TEAM 3 SERGEANT CORPORAL 4 PATROL OFFICERS DSO PATROL TEAM 1 SERGEANT CORPORAL 5 PATROL OFFICERS ANIMAL CONTROL CSO GRAFFITI ABATEMENT CSO 1 MSO FIELD OPERATIONS CAPTAIN Pedro Espinoza PATROL TEAM 4 SERGEANT CORPORAL 4 PATROL OFFICERS DSO PATROL TEAM 5 SERGEANT CORPORAL 4 PATROL OFFICERS DSO PATROL TEAM 6 SERGEANT CORPORAL 4 PATROL OFFICERS DSO INVESTIGATIONS SERGEANT CORPORAL 4 INVESTIGATORS RECORDS TECHNICIAN REACT—1 INVESTIGATOR TRAFFIC UNIT SERGEANT 3 OFFICERS ABATEMENT CSO DARE CSO PT OFFICE ASST ANTI-CRIME TEAM SERGEANT CORPORAL 4 OFFICERS 2 SROs DEA TASK FORCE INVESTIGATOR SCCSET INVESTIGATOR CRIME ANALYST, RECORDS, PROPERTY AND EVIDENCE MANAGER RECORDS SENIOR PRT 5 PRTs PROP & EVIDENCE TECH PT PROP & EVIDENCE TECH COMMUNICATIONS SUPERVISOR COMMUNICATIONS SENIOR PSC 10 PSCs YOUTH TASK FORCE COORDINATOR ADMINISTRATIVE SECRETARY OFFICE ASSISTANT I OFFICE ASSISTANT II SPECIAL OPERATIONS CAPTAIN Kurt Svardal ADMIN. SERVICES CAPTAIN Joseph Deras 9.A.e Packet Pg. 158 Attachment: Police Department Current Org Chart (1742 : FY 2019 Amendments Resolution) Updated: 5/2018 CHIEF OF POLICE Scot Smithee POLICE DEPARTMENT (PROPOSED) ADMIN. MANAGEMENT ASSISTANT (PROPOSED 1 FTE) INVESTIGATIONS SERGEANT CORPORAL 4 INVESTIGATORS RECORDS TECHNICIAN REACT—1 INVESTIGATOR TRAFFIC UNIT SERGEANT 3 OFFICERS ABATEMENT CSO DARE CSO PT OFFICE ASST ANTI-CRIME TEAM SERGEANT CORPORAL 4 OFFICERS 2 SROs DEA TASK FORCE INVESTIGATOR SCCSET INVESTIGATOR CRIME ANALYST, RECORDS, PROPERTY AND EVIDENCE MANAGER RECORDS SENIOR PRT 5 PRTs PROP & EVIDENCE TECH PT PROP & EVIDENCE TECH COMMUNICATIONS SUPERVISOR COMMUNICATIONS SENIOR PSC 10 PSCs YOUTH TASK FORCE COORDINATOR SPECIAL OPERATIONS CAPTAIN (1 FTE) ADMIN. SERVICES CAPTAIN (1 FTE) FIELD OPERATIONS CAPTAIN (1 FTE) PATROL TEAM 6 SERGEANT CORPORAL 4 PATROL OFFICERS DSO PATROL TEAM 5 SERGEANT CORPORAL 4 PATROL OFFICERS DSO PATROL TEAM 4 SERGEANT CORPORAL 4 PATROL OFFICERS DSO PATROL TEAM 3 SERGEANT CORPORAL 4 PATROL OFFICERS DSO PATROL TEAM 2 SERGEANT CORPORAL 5 PATROL OFFICERS PATROL TEAM 1 SERGEANT CORPORAL 5 PATROL OFFICERS ANIMAL CONTROL CSO GRAFFITI ABATEMENT CSO 1 MSO ADMIN. MANAGEMENT ANALYST (PROPOSED 1 FTE) Data/Statistical Analysis Staff Reports Purchase Orders Bill Payment Budgetary Reports & Tracking Grant Management Contracts Payroll/Leave Balance Processing Maintain Personnel & Background Files New Employee Onboarding Maintain Department Rosters Scheduling of Conference Rooms Manage IA & CC and Citizen Concern Files Prepare Shift Change Work Schedule & Achieves Letters & Memos for Chief’s Signature Recorder for Boards Hosted at PD Parking Permits Maintain PD Petty Cash Box for Admin Office Billing and Purchase Orders Reimbursements Back up for PD Training Processes Answer PD Admin Main Line (x310) Support to Command Staff & Depart- ment Supervisory Staff Meetings Agendas & Minutes Employee Appreciation Committee Meetings & Events Security Access System Management Key Inventory & Management Department File Maintenance Badge Management/Orders—Oaths of Office Locker Assignment/Management Workers Comp Paperwork Process Property Damage Report Processing Exposure Reports Coordinate/Plan Department Meetings/ Ceremonies I.D. Cards ADMIN SERGEANT OFFICE ASSISTANT (PROPOSED 0.5 FTE) OFFICE ASSISTANT II (1 FTE) Prepare Dept. Credit Cards Information Procurement Payment Requests and Purchase Orders Permit Process Shipment Verification Filing Backup PD Admin Main Line (x310) Citizen Survey Quarterly Results Copy Training Materials and Resources Customer Service Backup PD Admin Main Line (x310) Mail Distribution Process TRFs Data Entry Maintain POST Excel Spreadsheet Attend Monthly SCCATO Meetings Recorder for Monthly Corporal Meetings Maintain Dept. Credit Cards & Process Monthly Statements Training Duties Petty Cash Box CPT & PSP Compliance TBW Planning, Scheduling, and Report- ing POST Admin Duties Maintain FTO Manuals Backup to Admin Secretary Backup to Command Staff Manage Copier Toner New Hire Orientations Manage Dept. Pool Vehicle Schedule Outside Trainers - Site and Class Prep/ Scheduling POLICE OPERATIONS SERGEANT (PROPOSED 1 FTE) 9.A.f Packet Pg. 159 Attachment: Police Department Proposed Org Chart (1742 : FY 2019 Amendments Resolution) G:\city info\Org Charts Updated: 5/2018 COMMUNITY DEVELOPMENT DIRECTOR Kristi Abrams ENVIRONMENTAL SERVICES FIRE PREVENTION/ HAZARDOUS MATE- RIALS COMMUNITY DEVELOPMENT DEPARTMENT (CURRENT) FIRE MARSHAL DEPUTY FIRE MARSHAL 3 HAZARDOUS MATERIALS INSPECTORS OFFICE ASSISTANT I P/T BUILDING OFFICIAL BUILDING INSPECTOR II 2 BUILDING INSPECTOR I PERMIT TECHNICIAN OFFICE ASSISTANT II ENVIRONMENTAL SERVICES MANAGER CONTRACT WITH MORGAN HILL DEPUTY DIRECTOR OF COMMUNITY DEVELOPMENT VACANT BUILDING PLANNING MANAGER Sue O’Strander HOUSING & COMMUNITY DEVELOPMENT HCD GRANTS COORDINA- TOR HCD TECHNICIAN II 2 CODE ENFORCEMENT OFFICERS 2 CODE ENFORCEMENT OFFICERS P/T (SPECIAL ASSIGNMENT) CODE ENFORCEMENT PLANNING 2 SENIOR PLANNERS SENIOR PLANNER P/T PLANNER II PLANNER I PLANNING TECHNICIAN OFFICE ASSISTANT I MANAGEMENT ANALYST SHARED WITH PUBLIC WORKS 9.A.g Packet Pg. 160 Attachment: Community Development Current Org Chart (1742 : FY 2019 Amendments Resolution) Updated: 5/2018 DIRECTOR COMMUNITY DEVELOPMENT 21.5 FTE inc. 2 VACANT, 3 PT PLANNING ECONOMIC DEVELOPMENT COMMUNITY DEVELOPMENT DEPARTMENT (PROPOSED) HOUSING & COMMUNITY DEVELOPMENT CODE ENFORCEMENT FIRE PREVENTION/ HAZARDOUS MATERIALS BUILDING ENVIRONMENTAL SERVICES SENIOR PLANNER (2) & (1-PT) PLANNER I/II (2) PLANNING TECHNICIAN (1) OUSIDE EXPERTS FIRE MARSHAL (1) DEPUTY FIRE MARSHAL (1) HAZARDOUS MATERIAL INSPECTORS (3) OUTSIDE EXPERTS ENVIRONMENTAL SERVICES MANAGER- CONTRACT WITH MORGAN HILL (0.3 FTE) HCD GRANTS COORDI- NATOR (1-VACANT) HCD TECHNICIAN II (1) OUTSIDE EXPERTS BUILDING OFFICAL (1) BUILDING INSPECTOR I/II (3) PERMIT TECNICIAN (1) OUTSIDE EXPERTS Current Planning Advance Planning General Plan Administra- tion Encourage Public Partici- pation Specific Plan Administra- tion Planning Commission Plan Review Building Permitting Building Inspection Unreinforced Masonry Building Mitigation Certify Specialty Inspec- tors Administer CDBG Funds Administer Housing Trust Funds Manage BMR Administer Manage Cherry Blossom Weed Abatement Oversite Regulate Fireworks Sales Pre-treatment Program for Morgan Hill & Gilroy Plan Check, Permit, & Inspect Fire Suppression Occupancy Inspections CUPA Program Ombudsman Resource Development Roundtable EDC Newsletter Infor- mation Special Events Resolve Land Use Viola- tions Assist the URM Taskforce Facilitate Abatement Household Hazardous Waste Solid Waste Clean Creeks Recycling Public Education CODE ENFORCEMENT OFFICER (2) PART TIME CODE ENFORCEMENT OFFICER (2-VACANT) DEPUTY DIRECTOR COMMUNITY DEVELOMENT (1 FTE) SHARED WITH PLAN- NING, FIRE, & BUILDING PLANNING DIVISION MANAGER (1 FTE) ADMIN SUPPORT MANAGEMENT ANALYST (1) SHARED WITH PUBLIC WORKS MANAGEMENT ASSISTANT (1 FTE PROPOSED) OFFICE ASSISTANTS II (2) SHARED WITH PUBLIC WORKS OFFICE ASSTANT I (1-PT) High Speed Rail Contracts RFP Preparation 801 Fund Reconciliation SMIP & BSASRF Reports Federal Award Expendi- tures CDBG Timeliness Invoice Processing Purchasing Budget Management Special Project & Legisla- tive Analysis Greeter 9.A.h Packet Pg. 161 Attachment: Community Development Proposed Org Chart (1742 : FY 2019 Amendments Resolution) G:\cityinfo\Org Charts Updated: 5/2018 PUBLIC WORKS DIRECTOR Girum Awoke PUBLIC WORKS DEPARTMENT (CURRENT) SCRWA WASTE WATER TREATMENT & RECYCLED WATER SENIOR CIVIL ENGINEER Saeid Vaziry STREETS, SEWER, TREES OPERATIONS SUPERVISOR Bill Avila 2 SR. MAINTENANCE WORKER 4 MAINTENANCE WORKER II MAINTENANCE WORKER I (7 FT, 2 PT) PARKS OPERATIONS SUPERVISOR Bill Headley SR. MAINTENANCE WORKER MAINTENANCE WORKER II MAINTENANCE WORKER I (6 FT, 3 PT) OPERATIONS DIVISON DEPUTY DIRECTOR 2 PT OFFICE ASSISTANTS WATER OPERATIONS SUPERVISOR Dan Aldridge 2 SR. MAINTENANCE WORKER 2 MAINTENANCE WORKER II MAINTENANCE WORKER I (5 FT, 2 PT) 2 PT CONSV OFFICERS FLEET SUPERINTENDENT Jerry Salazar 3 EQUIPMENT MECHANICS FACILITIES SUPERINTENDENT Walter Dunckel FACILITIES MAINTENANCE SPEC. (3 FT, 1 PT) FACILITIES MAINTENANCE TECH SR CUSTODIAN TRANSPORTATION/ TRAFFIC ENGINEER I/II ENG TECH I/II CITY ENGINEER/ TRAFFIC ENGINEER Gary Heap OFFICE ASSISTANT MANAGEMENT ANALYST SHARED WITH COMMUNITY DEVELOPMENT CAPITAL PROJECTS SENIOR CIVIL ENGINEER ENGINEER I/II DEVELOPMENT SENIOR CIVIL ENGINEER 2 ENGINEER I/II 2 ENG TECH I/II ENV COMP COORD 9.A.i Packet Pg. 162 Attachment: Public Works Current Org Chart (1742 : FY 2019 Amendments Resolution) Updated: 6/2018 PUBLIC WORKS DIRECTOR Girum Awoke PUBLIC WORKS DEPARTMENT (Proposed) SCRWA WASTE WATER TREATMENT & RECYCLED WATER SENIOR CIVIL ENGINEER Saeid Vaziry STREETS, SEWER, TREES OPERATIONS SUPERVISOR Bill Avila 2 SR. MAINTENANCE WORKER 4 MAINTENANCE WORKER II MAINTENANCE WORKER I (7 FT, 2 PT) PARKS OPERATIONS SUPERVISOR Bill Headley SR. MAINTENANCE WORKER MAINTENANCE WORKER II MAINTENANCE WORKER I (6 FT, 3 PT) OPERATIONS DIVISON DEPUTY DIRECTOR 2 PT OFFICE ASSISTANTS WATER OPERATIONS SUPERVISOR Dan Aldridge 2 SR. MAINTENANCE WORKER 2 MAINTENANCE WORKER II MAINTENANCE WORKER I (5 FT, 2 PT) 2 PT CONSV OFFICERS FLEET SUPERINTENDENT Jerry Salazar 3 EQUIPMENT MECHANICS FACILITIES SUPERINTENDENT Walter Dunckel FACILITIES MAINTENANCE SPEC. (3 FT, 1 PT) FACILITIES MAINTENANCE TECH SR CUSTODIAN TRANSPORTATION/ TRAFFIC ENGINEER I/II ENG TECH I/II CITY ENGINEER/ TRAFFIC ENGINEER Gary Heap OFFICE ASSISTANT MANAGEMENT ANALYST SHARED WITH COMMUNITY DEVELOPMENT CAPITAL PROJECTS SENIOR CIVIL ENGINEER ENGINEER I/II DEVELOPMENT SENIOR CIVIL ENGINEER 2 ENGINEER I/II 2 ENG TECH I/II ENV COMP COORD MANAGEMENT ASSISTANT (1 FTE PROPOSED) 9.A.j Packet Pg. 163 Attachment: Public Works Proposed Org Chart (1742 : FY 2019 Amendments Resolution) G:\cityinfo\Org Charts Updated: 5/2018 RECREATION DIRECTOR Maria De Leon RECREATION DEPARTMENT (CURRENT) RECREATION MANAGER Adam Henig RECREATION SUPERVISOR 2 RECREATION COORDINATORS RECREATION SUPERVISOR 2 RECREATION COORDINATORS MANAGEMENT ANALYST Carina Baksa 2 OFFICE ASSISTANT I P/T OFFICE ASSISTANT COMMUNITY COORDINATOR 9.A.k Packet Pg. 164 Attachment: Recreation Current Org Chart (1742 : FY 2019 Amendments Resolution) Updated: 5/2018 RECREATION DEPARTMENT (PROPOSED) RECREATION MANAGER (1 FTE) Recreation Dept. Management City Council Support Special Projects Budget Development Crisis Management EOC Logistics Section Chief Gilroy Welcome Center RECREATION MANAGEMENT ANALYST (1 FTE) OFFICE ASSISTANTS (2 FTE) RECREATION DIRECTOR (1 FTE) RECREATION SUPERVISOR (1 FTE) Arts and Culture Commission Support Community Outreach Coordination Parks and Recreation Commission Support Program Development Staff Development COMMUNITY COORDINATOR (1 FTE) Adaptive Program Contract Classes Cultural Arts Classes & Programs Early Childhood Recreation Kids Discover Arts Seasonal Activity Guide Special Events: Breakfast with Santa, Great Garlic 5K, Kid’s Tri Theatre Productions Aquatics Senior Center Solorsano After School Program Summer Day Camp Park & Facility Rentals Adult & Youth Sport Leagues City-run Sports Programs Sports & Arts Contract Instructors Volunteers Contract Coordination & Management Department Administrative Support Department Budget Administration Front Counter Management Public Art Committee (PAC) Youth Scholarship Program Arts and Culture Commission Support Community Outreach Coordination Parks and Recreation Commission Support Program Development Staff Development RECREATION COORDINATORS (4 FTE) RECREATION SPECIALIST (2 FTE) (PROPOSED) Grant Writing Community Outreach & Marketing Program Development P/T Staff Management Evening and Weekend Activities 9.A.l Packet Pg. 165 Attachment: Recreation Proposed Org Chart (1742 : FY 2019 Amendments Resolution) BOARD/ COMMISSION TRAINING TRAINING COMPONENT COST PER ITEM QUANTITY TOTAL Americans for the Arts Annual Conference Free online streaming -$ 7 -$ Admission ($20 max/event)20.00$ 10 200$ Mileage to San Jose Museum of Art ($0.545 per mile, 64.6 miles round trip x 10 trips) 0.55$ 646 352$ 552$ Cost for 7 commissioners 552.07$ 7 3,864$ Total ACC Training Request 3,864$ Registration fee ("early bird rate") 650.00$ 1 650$ Park tour 50.00$ 1 50$ Hotel 250.00$ 3 750$ Per diem 70.00$ 3 210$ Mileage to Sacramento 0.55$ 294 160$ 1,820$ Cost for 7 commissioners 1,820.23$ 7 12,742$ Total PRC Training Request 12,742$ Americans for the Arts Annual Conference Free online streaming -$ 7 -$ Admission ($20 max/event)20.00$ 10 200$ Mileage to San Jose Museum of Art ($0.545 per mile, 64.6 miles round trip x 10 trips) 0.55$ 646 352$ 552$ Cost for 7 committee members 552.07$ 7 3,864$ Total PAC Training Request 3,864$ Arts and Culture Commission (ACC) Silicon Valley Creates Monthly Workshops Subtotal Subtotal Silicon Valley Creates Monthly Workshops Public Art Committee (PAC) Subtotal Parks and Recreation Commission (PRC) Annual California Parks and Recreation Society (CPRS) Conference - Sacramento, CA 9.A.m Packet Pg. 166 Attachment: Commission Training Request (1742 : FY 2019 Amendments Resolution) BOARD/ COMMISSION TRAINING TRAINING COMPONENT COST PER ITEM QUANTITY TOTAL Pedestrian and Bicycle Information Center Webinar Webinar Free N/A -$ America Walks Webinar Webinar Free N/A -$ Valley Transportation Authority Monthly Webinars Webinar Free N/A -$ Registration fee 35.00$ 1 35$ Mileage to San Jose State University Student Union 0.55$ 64 35$ Per diem 70.00$ 1 70$ 140$ Cost for 5 commissioners 139.88$ 5 699$ Registration fee 375.00$ 1 375$ Hotel 250.00$ 4 1,000$ Airfare to Los Angeles roundtrip and shuttle/taxi service during trip 450.00$ 1 450$ Per diem 70.00$ 4 280$ 2,105$ Cost for 5 commissioners 2,105.00$ 5 10,525$ Traffic: Why We Drive the Way We Drive (Book) Book purchase 15.00$ 5 75$ Podcast - Phill Gannon Podcast Free N/A -$ Total BPC Training Request 11,299$ Total Training Requests From the Four Boards 31,770$ Average 7,942$ 15 Commissions 119,137$ Subtotal Biannual California Bicycle Summit - Los Angeles, CA (Furthest potential site for 2019 conference) Bicycle Pedestrian Commission (BPC) Subtotal Annual Silicon Valley Bike Summit - San Jose, CA 9.A.m Packet Pg. 167 Attachment: Commission Training Request (1742 : FY 2019 Amendments Resolution) RESOLUTION NO. 2018-XX RESOLUTION NO. 2018-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE BUDGET FOR THE CITY OF GILROY FOR FISCAL YEAR 2018-2019 AND APPROPRIATING PROPOSED EXPENDITURE AMENDMENTS WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2017-2018 and 2018-2019, and the City Council carefully examined, considered and adopted the same on June 5, 2017; and WHEREAS, City Staff has prepared and submitted to the City Council proposed amendments to said budget for Fiscal Year 2018-2019 for the City of Gilroy in the staff report dated June 18, 2018; and WHEREAS, Council has approved the list of amendments attached hereto as Exhibit “A" and incorporated herein by this reference, and the City Council has carefully examined and considered the same and is satisfied with said budget amendments. NOW, THEREFORE, BE IT RESOLVED THAT it is hereby ordered that said proposed budget amendments for Fiscal Year 2018-2019, are approved. PASSED AND ADOPTED this 18th day of June, 2018 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ___________________________ ATTEST: Roland Velasco, Mayor 9.A.n Packet Pg. 168 Attachment: Fiscal Year 2019 Mid Cycle Resolution and Exhibit A (1742 : FY 2019 Amendments Resolution) RESOLUTION NO. 2018-XX _________________________ Shawna Freels, City Clerk 9.A.n Packet Pg. 169 Attachment: Fiscal Year 2019 Mid Cycle Resolution and Exhibit A (1742 : FY 2019 Amendments Resolution) RESOLUTION NO. 2018-XX EXHIBIT “A” Council Approved List of Fiscal Year 2018-2019 Budget Amendments Amendment General Fund Non-General Funds Total Amount Reorganizations 173,683$ 239,632$ 413,315$ Police 20,489$ -$ 20,489$ Community Development 92,494$ -$ 92,494$ Public Works 7,755$ 69,792$ 77,547$ Recreation (transfer from the General Fund)-$ 154,906$ 154,906$ IT 52,946$ 14,933$ 67,879$ Employee Assistance Program 30,000$ -$ 30,000$ Speed Zone Study -$ 15,000$ 15,000$ HR Recruitment Costs 35,000$ -$ 35,000$ Community Engagement Manager Compensation 49,110$ -$ 49,110$ Building Division - Record Scanning Project 100,000$ -$ 100,000$ Police Officer FTE Increase by 1.0 -$ -$ -$ Local Streets and Roads Program Funding -$ 100,000$ 100,000$ Convert Limited Term HR Analyst to Regular HR Analyst -$ -$ -$ Gilroy Center for the Arts Remodel/Expansion 1 -$ 285,000$ 285,000$ Commissioner Training 120,000$ -$ 120,000$ Total Budget Amendments 507,793$ 639,632$ 1,147,425$ 1) Assuming loan from the General Fund Transfer from General Fund to Recreation 154,906$ -$ 154,906$ 9.A.n Packet Pg. 170 Attachment: Fiscal Year 2019 Mid Cycle Resolution and Exhibit A (1742 : FY 2019 Amendments Resolution) City of Gilroy STAFF REPORT Agenda Item Title: Discussion of Proposed Amendments to Article 30.38 Landscaping, Water Efficiency, and Stormwater Retention and Treatment to Add a New Section 30.38.270 Entitled Protected Tree Removal Permit Ordinance (Z16-05) Meeting Date: June 18, 2018 From: Gabriel Gonzalez, City Administrator Department: Community Development Department Submitted By: Kristi Abrams Prepared By: Kristi Abrams Stan Ketchum Strategic Plan Goals Fiscal Stability  Downtown Revitalization ☐ Economic Development ☐ Customer Service ☐Enhanced Public Safety RECOMMENDATION Receive report and provide direction to staff. EXECUTIVE SUMMARY This report provides responses to questions raised by the City Council at the March 5, 2018 meeting regarding the proposed Protected Tree Removal Ordinance. Staff has conducted further research regarding the issues raised, including identifying and comparing the requirements of tree removal ordinances in other Santa Clara County cities. This report presents refinements to the current draft ordinance and an alternative option for the ordinance elements affecting single family properties. The City Council is requested to provide staff with direction regarding which provisions to include in a revised draft ordinance to be presented for Council consideration at a future meeting. POLICY DISCUSSION 9.B Packet Pg. 171 The City Council is asked to consider establishing an ordinance to recognize and protect trees indigenous to the Gilroy area, and significant example s of any type of tree (referred to as heritage trees), on private property with a new tree removal permit process. The proposal to establish a permit process to regulate removal of trees on private property is a significant policy decision. The challenge before the City Council is to select the desired balance between the imposition of new regulations and the establishment of protections for the important species and sizes of trees that provide multiple benefits to the community. As identified in the City Council Arbor Day Proclamation, trees in our city provide a variety of environmental advantages, increase property values, enhance the economic vitality of business areas, and beautify our community. BACKGROUND On March 5, 2018, staff first presented the proposed Protected Tree Removal Ordinance. Councilmembers asked a variety of questions and directed staff to conduct further research on several issues, including the impacts to single family homeowners from the ordinance requirements, the need for and cost of arborist reports, and the criminal penalties to be assessed for violations of the ordinance. This report presents the results of the additional research and responds to Council direction. ANALYSIS Staff has conducted further research regarding the issues raised by the City Council, including identifying and comparing the requirements of tree removal ordinances in other Santa Clara County cities. A summary and comparison of the Gilroy draft ordinance to that of Palo Alto, together with similar provisions in the cities Campbell, Morgan Hill, Mountain View and Sunnyvale is provided in Attachment 1. Based on Council’s previous discussion, staff presents a couple ordinance options for City Council consideration, a revised current draft ordinance and an alternative option. Revised/new language from staff’s previous presentation is shown in italics. No changes are proposed for other ordinance components. (See Attachment 2 for a comprehensive table of all aspects for consideration). An evaluation of each ordinance provision is provided below: 1. Applicability Current Draft Ordinance Alternative Option  All existing land uses: Single Family, Multi-family, Commercial, Industrial  Single Family Residential:  Front Yard - Permit required  Backyard - No Permit required  Ordinance applies to existing multi- 9.B Packet Pg. 172 family residential and all non- residential uses The current draft ordinance applies uniformly to all land uses, ranging from single and multi-family residential to commercial and industrial uses. The alternative option continues to apply to all multi-family, commercial and industrial land uses. A permit would still be required to remove a Protected Tree or Heritage Tree from a single family front yard. However, for single family residential, no permit would be required to remove any tree from a back yard. The retention of a tree removal permit for trees in front yards reflects the contribution of trees to the overall aesthetic and environmental values shared by the residents of a neighborhood and the importance of confirming there is a valid reason to remove a Protected or Heritage Tree. 2. Protected Tree Type and Size Current Draft Ordinance (revised) Alternative Option  All Oaks, CA Laurel, Big Leaf Maple, Madrone, Western Sycamore, CA Buckeye, Alder (Source: CA Native Plant Society)  Min. 38” C. (12” D.)  Community of Protected Trees (25% or more)  All Oaks, CA Laurel, Big Leaf Maple, Madrone, Western Sycamore, CA Buckeye, Alder (Source: CA Native Plant Society  Min. 38” C. (12” D.)  Community of Protected Trees (25% or more) The species included are indigenous to the Gilroy area, as identified by the California Native Plant Society. The species of Protected Trees would remain the same in the alternate provision. The minimum size of a Protected Tree is proposed to be revised in both the current draft ordinance and the alternate provision. The minimum size would be increased from 19’ in circumference (6” in diameter) to 38” in circumference (12” in diameter), similar to some other cities. In the alternate provision the Community of Protected Trees category would be eliminated. Removal of multiple Protected Trees would still require a Tree Removal Permit under the ordinance requirement for removal of an individual Protected Tree. 3. Heritage Tree Current Draft Ordinance (revised) Alternative Option Same requirements 9.B Packet Pg. 173  Any tree 90” C. (28.6” D.), or two trunks 72” C. (23” D.) The minimum size for the Heritage Tree category is the same in both options. Most other cities do not have a minimum size for Heritage Trees. Mountain View’s criteria are any tree a minimum of 48” in circumference or oaks, sequoias, redwoods or cedars a minimum of 12” in circumference. A question raised at the prior council meeting dealt with the mechanism to designate Heritage Trees. In othe r cities, Heritage Trees are designated by a Historical Commission or the City Council. Criteria used include: importance to the community, distinctive form, size, age, location, historic significance, cultural, educational, economic, agricultural, social or indigenous heritage to city. The Council may wish to consider including such a procedure in the ordinance. 4. Tree Removal Criteria Current Draft Ordinance (revised) Alternative Option Same requirements Any one of the following criteria:  Tree is dead, diseased, or danger of falling  Immediate threat to life or property  Is/could cause damage to buildings or utility services  Keeping tree restricts economic enjoyment of site or creates an unusual hardship by severely limiting use of site in a manner not typically experienced by owners of similarly situated properties; no reasonable alternatives are available to save the tree  Keeping tree would cause loss of >25% of allowed building area Separate criteria, in addition to above:  No tree preservation techniques are deemed feasible The criteria for removal of a Protected or Heritage Tree are the same in both options. In reviewing ordinances from other cities, staff found fairly similar criteria. The criteria regarding restriction of economic enjoyment or creation of an unusual hardship follows similar language from the Zoning Ordinance findings for approval of a Variance from a code provision. The final criterion is to verify that there are no viable tree preservation techniques available that could mitigate the threats to the health of the tree. Staff also considered inclusion of some type of removal criteria based on medical problems of residents linked to Protected Trees, but it was concluded that such a criterion would be subjective and difficult for staff to implement consistently. 5. Tree Replacement 9.B Packet Pg. 174 Current Draft Ordinance (revised) Alternative Option Same requirements – except no replacement tree required for removal of backyard tree (see 1. Applicability) Trunk Size of Removed Tree (measured at 4 1/2 feet above grade) Replacement Ratio Required (per tree removed) Circumference (inches) Number of replacement trees Minimum Size 19 to 37 3 15 gal. 38 to 75 2 24 inch box Greater than 75 2 36 inch box Heritage Trees 2 48 inch box The current draft ordinance includes requirements for the number and size of required replacement trees, based on the size of the tree proposed for removal. The alternative option includes the same replacement tree requirements for removal of a Protected or Heritage Tree, including in single family front yards. This option does not require a replacement tree for removal of back yard tree which would not require a tree removal permit. 6. Arborist Report Current Draft Ordinance (revised) Alternative Option  Arborist report required for all existing land uses: Single Family, Multi-family, Commercial, Industrial  Single Family Residential:  Front yard – report not required unless tree condition or removal criteria are inconclusive  Back yard - No Permit/report required  Ordinance applies to existing multi-family residential and all non-residential uses An arborist report would continue to be required in all cases for tree removal on multi- family residential, commercial and industrial properties. For single family residential, an arborist report would not be required in cases where the health of the tree or applicability of the other tree removal criteria is not in question. In cases where the situation is not obvious, the Community Development Director or designee will 9.B Packet Pg. 175 determine the need for an arborist report. No arborist report is required for removal of a back yard tree which would not require a tree removal permit. Based on staff contacts with several arborists, the cost of an arborist report can range from $250 - $600 or more, depending on the size, type, condition and number of the tree(s). 7. Emergency Provisions Current Draft Ordinance (revised) Alternative Option Same Requirements  If a tree poses an immediate threat to the safety of life or property, the minimum necessary actions may be taken to reduce or eliminate the hazard without issuance of a permit. Report removal to the Community Development Department within five working days. Photo document prior to any action to reduce the immediate threat. A Tree Removal Permit shall be submitted prior to removal of the tree. The requirements for emergency removal of a Protected or Heritage Tree determined to be a threat to safety of life or property are the same in both options. The proposal is typical of ordinances in other cities. 8. Penalties Current Draft Ordinance (revised) Alternative Option  Violation = public nuisance & misdemeanor  Fine of up to $2,500  Up to 6 months in jail  May require tree replacement  Tree removal after permit denial = fine up to $2,500 OR amt. = to value of tree removed, whichever is greater Civil penalties (per Palo Alto):  Civil action initiated by city - court -imposed civil penalty:  Up to $5,000 for violation of ordinance In the current draft ordinance, a violation would still constitu te a public nuisance and misdemeanor. However, the proposed maximum fine would increase from $1,000 to $2,500 and the option of six months in jail is eliminated. The alternative option proposes penalties similar to the Palo Alto ordinance in which the city can file a civil action in court for imposition of a fine of up to $5,000 for violation of the ordinance. 9.B Packet Pg. 176 CONCLUSION In order to provide protection to the indigenous and significant trees in the community, staff recommends the City Council accept the revised draft ordinance provisions for inclusion in the final draft Protected Tree Removal Ordinance. The City Council is requested to provide staff with direction regarding which provisions of the two options to include in a revised draft ordinance to be presented for Council consideration at a future meeting. ALTERNATIVES 1. Based on City Council direction, staff will prepare a revised draft ordinance to be presented for Council consideration within the next three months. This action is recommended to establish protections for trees that benefit the community. 2. Should the Council choose not to proceed with the proposed ordinance, there will continue to be no Zoning Ordinance provisions to regulate the removal of significant trees on private property and minimal enforcement options to penalize individuals who remove significant, valuable trees in the community. This action is not recommended. FISCAL IMPACT/FUNDING SOURCE No fiscal impacts are associated with this presentation to Council. NEXT STEPS Based on City Council direction, staff will prepare a revised draft Protected Tree Removal Ordinance for consideration at a future meeting. PUBLIC OUTREACH On November 13, 2017, Planning Staff held a Developer’s Roundtable meeting at which the proposed Protected Tree Removal Ordinance was presented to Gilroy’s development community. There was minimal input from those in attendance. One suggestion made was that tree removal mitigation measures included in certified environmental documents requiring a higher replacement ratio and/or size of replacement trees than specified in the ordinance should take precedence. That change has been incorporated into the ordinance. The public notice for this item, published in the Gilroy Dispatch on February 16, 2018 meets the Government Code requirement for projects of citywide importance. In addition, City Council packets are available through the City’s webpage prior to the scheduled meeting. Attachments: 9.B Packet Pg. 177 1. Comparison to other cities - final 2. Summary of Tree Ordinance Changes 9.B Packet Pg. 178 Attachment 1 Comparison of Gilroy March 5, 2018 Draft Protected Tree Removal Ordinance to Tree Removal Ordinances in Palo Alto & Other Cities No. Topic Gilroy Draft Ordinance Palo Alto 1 Protected Tree Types & Size  All Oaks, CA Bay, Big Leaf Maple, Madrone, CA Sycamore, CA Buckeye, Alder – 19” C.  Community of Protected Trees (25% or more)  Heritage Trees  Coast Live & Valley Oak – 36” C.  Redwood - 57” C.  Heritage Tree (see #2, below) 2 Heritage Tree  Any tree 90” C., or two trunks 72” C.  Designated by City Council – any tree:  Criteria: Unique/important to community, outstanding specimen, one of largest, distinctive form, size, age, location, &/or historical sig. 3 Removal Criteria Apply to any existing land use on private property  Tree is dead, diseased, or danger of falling  Immediate threat to life or property  Is/could cause damage to buildings or utility services  Keeping tree restricts economic enjoyment of site, creates an unusual hardship by severely limiting use of site  Keeping tree would cause loss of >25% of allowed building area  No tree preservation techniques work A. No development proposed (i.e. existing land uses): remove if dead, hazard, detriment to or overcrowding other Prot. Tree, or constitutes a nuisance B. Development of SFR: remove if trunk touching building or Criteria A. apply C. Vacant lot: remove if tree w/I allowed building area, or criteria A. apply 4 Aborist report  Required in all cases  Required in all cases 5 Emergency Removal  If immediate threat to safety of life or property, minimal necessary action to reduce or eliminate threat allowed w/o permit.  Notify city w/I 5 days  Removal Permit required  Arborist report required  City Aborist approval required 6 Other provisions  Replacement based on size  Emergency situations – remove without permit, document prior to removal, tree removal permit required  Tree Technical Manual: construction protection, replacement for removal, maintenance of Protected trees, aborist report requirements, dangerous tree criteria 7 Penalties  Violation = public nuisance & misdemeanor  Fine up to $1,000 and/or up to 6 mos. Jail  May require tree replacement  Removal w/o permit – value of tree removed Civil penalties:  Temporary moratorium on development of site  Civil action initiated by city – court may assess civil penalty of up to $5,000 per violation  Removal of Protected tree – up to $5,000 or replacement value of tree, whichever more 9.B.a Packet Pg. 179 Attachment: Comparison to other cities - final (1633 : Z 16-05 Protected Tree Removal Ordinance) Comparison of Gilroy March 5, 2018 Draft Protected Tree Removal Ordinance to Tree Removal Ordinances in Palo Alto & Other Cities No. Topic Gilroy Draft Ordinance Other cities 1 Protected Tree Types & Size  All Oaks, CA Bay, Big Leaf Maple, Madrone, CA Sycamore, CA Buckeye, Alder – 19” C.  Community of Protected Trees (25% or more)  Heritage Trees Campbell - SFR – Oak, Redwood, Cedar, Ash – 38” C. All other uses – 38” C., Heritage trees, trees in landscaping plans Morgan Hill – Oaks, CA Bay, Madrone, Sycamore, Alder- 18” C., Non-Indigenous – 40” C. Sunnyvale – any tree - 38” C. 2 Heritage Tree  Any tree 90” C., or two trunks 72” C. Campbell – Designated by Historical Heritage Bd. Criteria: Desirable species, significant age & growth, some cultural, educational, economic, agricultural, social or indigenous heritage to city Morgan Hill – none Mt. View – any tree 48” C.,  Oak, Sequoia, Redwood, Cedar -12” C. Saratoga – designated by City Council  any tree with historic significance 3 Removal Criteria Apply to any existing land use on private property  Tree is dead, diseased, or danger of falling  Immediate threat to life or property  Is/could cause damage to buildings or utility services  Keeping tree restricts economic enjoyment of site, creates an unusual hardship by severaly limiting use of site  Keeping tree would cause loss of >25% of allowed building area  No tree preservation techniques work Campbell – diseased or danger of falling, damage to buildings, utility interference, overplanting, economic enjoyment hardship Morgan Hill – letter of justification, arborist report may be required 4 Aborist report  Required in all cases Morgan Hill, Campbell – not required unless condition or impact unclear – discretion of Director 5 Emergency Removal  If immediate threat to safety of life or property, minimal necessary action to reduce or eliminate threat allowed w/o permit.  Notify city within 5 days  Removal Permit required Saratoga – Removal allowed by City Manager, Dept. Head, Public Safety officer Morgan Hill – Ordinance allows removal if safety of life or property are threatened. Notify city within 5 days 6 Other provisions  Replacement based on size  Emergency situations – remove without permit, document prior to removal, tree removal permit required Campbell – similar replacement size provisions Morgan Hill – replacement trees acceptable to the Director, native tree removal, replace with native trees 9.B.a Packet Pg. 180 Attachment: Comparison to other cities - final (1633 : Z 16-05 Protected Tree Removal Ordinance) No. Topic Gilroy Draft Ordinance Other cities 7 Penalties  Violation = public nuisance & misdemeanor  Fine up to $1,000 and/or up to 6 mos. Jail  May require tree replacement  Removal w/o permit – value of tree removed Sunnyvale – civil penalties – Protected tree – min. $5,000 Saratoga – civil penalties – up to $5,000, loss of tree removal co. business license Morgan Hill – violation is a misdemeanor, requires civil penalty equal to cost of replacement tree, all attorney’s fees 9.B.a Packet Pg. 181 Attachment: Comparison to other cities - final (1633 : Z 16-05 Protected Tree Removal Ordinance) Attachment 2 Comparison of Draft Tree Removal Ordinance to Alternative Option No. Topic Current Draft Ordinance (revised) Alternative Option 1 Applicability  All existing land uses: Single Family, Multi- family, Commercial, Industrial  Single Family Residential:  Front Yard - Permit required  Backyard - No Permit required  Ordinance applies to existing multi-family residential and all non-residential uses 2 Protected Tree Types & Size  All Oaks, CA Laurel, Big Leaf Maple, Madrone, Western Sycamore, CA Buckeye, Alder – 38” C. (12” D.) (Source: California Native Plant Society)  Heritage Trees  Community of Protected Trees (25% or more)  All Oaks, CA Laurel, Big Leaf Maple, Madrone, Western Sycamore, CA Buckeye, Alder - 38” C. (12” D.), (Source: California Native Plant Society)  Heritage Trees 3 Heritage Tree Same requirements Any tree 90” C. (28.6” D.), or two trunks 72” C. (23” D.) 4 Replacement Trees • No. & size of replacements based on size of tree removed  Single family residential – front yard tree removal – replacement required  Back yard tree removal – no replacement 5 Removal Criteria Same requirements  Any one of the following criteria:  Tree is dead, diseased, or danger of falling  Immediate threat to life or property  Is/could cause damage to buildings or utility services  Keeping tree restricts economic enjoyment of site, creates an unusual hardship by severely limiting use of site  Keeping tree would cause loss of >25% of allowed building area  Separate criteria, in addition to above:  No tree preservation techniques are deemed feasible 6 Aborist Report  Required in all cases  Single Family Residential - Not required unless condition or impact unclear – Director discretion  Required for all Multi-family, non- residential uses 7 Emergency Provisions Same Requirements  Emergency situations – remove without permit, document prior to removal, tree removal permit required 8 Penalties  Violation = public nuisance & misdemeanor  Fine up to $2,500  May require tree replacement  Removal w/o permit = fine, above, or fine = to value of tree removed, whichever more Civil penalties (per Palo Alto):  Civil action initiated by city - court imposed civil penalty:  Up to $5,000 for violation of ordinance 9.B.b Packet Pg. 182 Attachment: Summary of Tree Ordinance Changes (1633 : Z 16-05 Protected Tree Removal Ordinance) City of Gilroy STAFF REPORT Agenda Item Title: 12 Month Time Extension Request for Tentative Map TM 13-11 and Architectural and Site Review AS 13-35 for the Development of 202 Townhouse Units on a Property Located at the Southeast Corner of Santa Teresa Boulevard and First Street, APN's 808-01-21, 808- 01-22 and 808-01-23, Applicant Eagle Garden, LLC (continued from the Council meeting of 6/4/2018) Meeting Date: June 18, 2018 From: Gabriel Gonzalez, City Administrator Department: Community Development Department Submitted By: Kristi Abrams Prepared By: Kristi Abrams Pamela Wu Strategic Plan Goals Fiscal Stability  Downtown Revitalization ☐ Economic Development ☐ Customer Service ☐Enhanced Public Safety RECOMMENDATION Adoption of a Resolution of the City Council of the City of Gilroy extending TM 13-11 and AS 13-35 for an additional 12 month period for the development of 202 townhouse units at a property located at the southeast corner of Santa Teresa Boulevard and First Street, APN's 808-01-21, 808-01-22 and 808-01-23; filed by Eagle Garden, LLC. EXECUTIVE SUMMARY The item was continued from the June 4, 2018 Council meeting due to the lack of information in the administrative record. Staff is hoping to locate the originally approved tentative map and associated plans. Should these items not be located a continuance of the item will be requested. 10.A Packet Pg. 183 There is no other change to the previous staff report. Attachments: 1. June 4 CC staff report 2. TM 13-11 time extension CC reso 3. TM 13-11 time extension revised conditions (clean version) 4. TM 13-11 time extension revised conditions (strike-through version) 5. 13115PD_SET_2015-09-11 6. 13-115TM 10.A Packet Pg. 184 City of Gilroy STAFF REPORT Agenda Item Title: Time Extension Request for Tentative Map TM 13-11 and Architectural and Site Review AS 13-35 for the Development of 202 Townhouse Units on a Property Located at the Southeast Corner of Santa Teresa Boulevard and First Street, APN's 808-01- 21, 808-01-22 and 808-01-23, Applicant Eagle Garden, LLC Meeting Date: June 4, 2018 From: Gabriel Gonzalez, City Administrator Department: Planning Division Submitted By: Kristi Abrams Prepared By: Kristi Abrams Pamela Wu 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 extending TM 13-11 and AS 13-35 for an additional 12 month period for the development of 202 townhouse units at a property located at the southeast corner of Santa Teresa Boulevard and First Street, APN's 808-01-21, 808-01-22 and 808-01-23; filed by Eagle Garden, LLC. EXECUTIVE SUMMARY On March 23, 2018, the City received a request for a time extension for the approved tentative map and architectural and site review for the development of 202 townhouse units due to a recent ownership change. The current owner, Eagle Garden LLC, purchased the property in late 2017 and requests additional time to fully analyze the required conditions and its associated onsite/offsite improvement. The request was 10.A.a Packet Pg. 185 Attachment: June 4 CC staff report (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) received in a timely matter, before expiration of the subject approvals on April 4th. At this time, no significant changes to the approved scope are proposed. The City Council approved the project on April 4, 2016 and the current approval expired on April 4, 2018. It is recommended that the Council extend the project approval to April 4, 2019. BACKGROUND On April 4, 2016, the City Council approved Tentative Map TM 13-11 and Architectural and Site Review permit AS 13-35, allowing the development of 202 townhouse units on 10.83 acres located at the southeast corner of Santa Teresa Boulevard and First Street. A total of 40 buildings consisting of 3-story townhome units were approved, along with a clubhouse, a swimming pool and tot lot for use by residents. Access to the units is via numerous private streets and driveways that connect to both Santa Teresa Boulevard and First Street. When the project was approved in 2016, the City Council adopted the Mitigated Negative Declaration (MND) that was prepared for the project. It was determined that, with implementation of the identified mitigation measures, no significant adverse impacts would result from the development. The MND includes typical mitigations to address standard air quality, biological resources, hazards, and water quality issues. Noise impacts, due to proximity of First Street and Santa Teresa Boulevard were alleviated with the requirement for sound-rated windows. Several traffic issues were resolved with mitigation measures to improve several off -site intersections (i.e. Santa Teresa/Fitzgerald, Santa Teresa/Day Road West, Santa Teresa/Day Road East, Santa Teresa/Sunrise, Santa Teresa/First St, Wren/Welburn, US101 SB ramp/Masten, and Kelton Drive/First Street). These mitigation measures were accepted by the previous property owner and incorporated as project conditions of approval. Previous entitlements also included a Planned Unit Development (PUD) overlay (Z 13- 08) to allow for provision of fewer units onsite than required by the R4 zoning district. Specifically, R4 properties must provide a minimum of 20 dwelling units per acre; this project was approved with 202 units instead of the required minimum of 216 units. The PUD overlay also allowed a front setback reduction, from 26 feet to 23 feet, for one of the buildings facing First Street. The City Council approved these adjustments as part of the zone change from R4 to R4/PUD, including an allocation of 202 dwelling units under the Residential Density Ordinance (RDO) on April 18, 2016. The City’s RDO was first created in the 1980s as a means of moderating growth and ensuring that the City could provide adequate and efficient public services. The RDO was also an important tool to maintain the quality of the environment and to ensure high-quality development. On October 3, 2017, the most -recent RDO Interim Exemption period ended, which limits staff from accepting new residential project applications, with the exception of projects that have existing RDO allocations and projects that are not subject to RDO numeric limits. 10.A.a Packet Pg. 186 Attachment: June 4 CC staff report (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) On September 7, 2017, planning staff administratively approved a time extension of the architecture and site review approval to align with the expiration of the approved tentative map, in April 2018. According to the new property owner, due to the ownership change that occurred in 2017, they did not have enough time to submit the final map, improvement plans and building permits for review to complete the project before expiration of the approved entitlements. ANALYSIS Gilroy City Code Allowance: Per Gilroy City Code Section 21.41(i), the City Council, at their discretion, may extend approval of a tentative map for three periods not to exceed and additional 12 months each. This is the first such request, and if approved, would extend the original approval to April 4, 2019. Should the requested extension be approved, then the applicant must comply with all conditions of approval, process and record the final map (including City Council approval) and obtain building permit approvals for the development by April 4, 2019 . Legal Opinion - Housing Accountability Act: Since implementation of the Housing Accountability Act in 1982, the intent of the law is to promote housing development in response to the dire housing crisis in California. As a result, the State laws limit the ability of local government to deny any new housing development. Government Code Section 65589.5(j) states that a “proposed housing development project cannot be denied if it complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the housing development project’s application is determined to be complete.” In 2016, the original project was deemed complete and approved by City Council with conditions of approval. The requested time extension considers the housing project to be complete based on the fact that the development complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards. At this time, the applicant proposes no significant changes to the approved project and conditions of approval. Staff has analyzed the requested time extension and provides the following summary of issues for consideration: Conditions of Approval to be Updated Since the original approval in 2016, subsequent development changes in the project vicinity necessitate review of the conditions of approval (COA) for adequacy and 10.A.a Packet Pg. 187 Attachment: June 4 CC staff report (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) accuracy. Staff’s review results in several revisions, updates and clarifications as attached TM 13-11 time extension revised conditions. With the subsequent build-out of other development projects, some conditions and mitigations measures were no longer needed (see attachment 7, COA #39 – 46). Also, clarifications regarding a Recology will-serve letter, construction costs and required fees, stormwater management design and others (see attachment 7) were added and updated. These revisions proposed to the project conditions will not change the original development scope. A more significant change in the project vicinity is the need for a signalized intersection to replace a “pork chop island”, currently shown at the project access along First Street. Since the original project approval, a new commercial development proposal was submitted across from the subject property on First Street. Early analysis for the commercial development confirms a signal warrant for the First/Kelton intersection, which aligns with the access for the townhome site. As originally approved, the “pork chop” design would not allow the intersection to function efficiently as a four-leg signalized intersection. The “pork chop” was originally required to prevent left-turn-in and left-turn-out maneuvers along First Street. The signal improvements at the intersection would allow both right/left turns in and out of the subject parcel, improving traffic patterns in all directions. As such, staff proposes a revision to Condition #42 for a signalized intersection to replace the “pork chop island”. Residential Development Ordinance (RDO) Allocation Should the requested extension be denied, the 202 RDO allocations for this project would expire. As such, the property owner would not be able to submit for a new map proposal. Since the City Council took action (in November 2017) to not extend the RDO allowances until after adoption of the Gilroy 2040 General Plan, the subject property would remain vacant until after completion of the General Plan process, currently anticipated to occur by the end of 2019 or mid -2020. Architectural Revisions In mid-March 2018, representatives of the property owner met with City staff to discuss potential revisions to the approved project. The discussion included minor changes to ground-level porches, upper level balcony, reducing the open area between buildings and widening the main access driveways to accommodate parking on both sides. General details have been provided, and are not anticipated to significantly alter the approved site plan layout or building design. Depending on the complexity of the proposed changes, the request could be considered as a minor revision and approved administratively by the Planning Manager. However, if more complex issues arise by the anticipated request, then consideration by the Planning Commission and City Council would be needed. 10.A.a Packet Pg. 188 Attachment: June 4 CC staff report (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) At that meeting in March, staff reminded the new property owner that the first priority was to extend the TM and AS approvals, because without the extension, efforts to revise the approved development would be futile. Therefore, the developer requests a time extension for the approved tentative map and architectural and site review, and anticipates submitting an application to amend the architecture and site review permit once the time extension is granted. The applicant stated in the Time Extension request letter that no major revision is proposed with the approval scope. Also, the developer is in agreement to comply with all conditions of approval that were adopted by Council on April 4, 2016. As stated in the staff report in 2016, the project is in conformance with General Plan policies and Zoning Ordinance findings. The time extension request should be granted to allow the developer time to complete the project as approved since the project demonstrated necessary conformances. Findings necessary to deny a tentative map In accordance with Subdivision Map Act Section 66498.1, “the local agency may condition or deny a permit, approval, extension, or entitlement if it determines any of the following: (1) A failure to do so would place the residents of the subdiv ision or the immediate community, or both, in a condition dangerous to their health or safety, or both. (2) The condition or denial is required in order to comply with state or federal law.” The request to extend the project approval would not impose any danger to the residents’ health or safety and that the project is in compliance with State and Federal laws. As the Council found the project to be in substantial compliance with the ordinance, policies and standards in 2016 when the approval was granted, with no revisions to the approval scope, staff cannot make the findings to deny the requested time extension. ALTERNATIVES 1. Should the City Council approve the time extension for TM 13-11 and AS 13-35, as requested by the applicant, staff anticipates relatively minor architectural amendments, initiation of the final map process, and finally review and issuance of building permits. Staff recommends that the City Council support this request, with the recommended conditions of approval. 2. Should the City Council deny the time extension, the applicant would not be able to further proceed with the original scope as the approval has expired on April 4, 2018. In this case, the City Council would need to make the necessary findings to deny a tentative map. Staff does not recommend this option. FISCAL IMPACT/FUNDING SOURCE No fiscal impacts are associated with this request for Council’s consideration and 10.A.a Packet Pg. 189 Attachment: June 4 CC staff report (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) determination. Collection of fees (as established by the City Council) for subsequent review of the final map and improvement plans are adequate to cover the necessary resources. CONCLUSION Staff finds the proposed request consistent with the Gilroy City Code. Approval of a period of twelve-month extension from the current expiration date of April 4, 2018 would allow the project to move forward in general conformance with the original approval and consistent with the zoning for the subject site. NEXT STEPS If the time extension request is approved, then the developer will be able to proceed with the final map, improvement plans and building permits to construct the townhomes for the original project scope. Should the applicant request any architectural or site revisions, an amendment to the architecture and site review permit may be required, and will be processed as described above. Attachments: 1. TM 13-11 time extension revised conditions (clean version) 2. TM 13-11 time extension revised conditions (strike-through version) 3. TM 13-11 AS 13-35 Reso 12 month extension 10.A.a Packet Pg. 190 Attachment: June 4 CC staff report (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX RESOLUTION NO. 2018-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TIME EXTENSION FOR TENTATIVE MAP TM 13-11 AND ARCHITECTURE AND SITE REVIEW AS 13-35 CREATING A 202- UNIT CONDOMINIUM TOWNHOUSE DEVELOPMENT ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SANTA TERESA BOULEVARD AND FIRST STREET, APN’s 808-01-21, 808-01-22 AND 808-01-23 FILED BY EAGLE GARDEN LLC WHEREAS, The Eagle Garden LLC submitted a Time Extension request for the Tentative Map, TM13-11 and Architecture and Site Review, AS 13-35 creating a 202-unit condominium townhouse development; and WHEREAS, the subject property is located at the southeast corner of Santa Teresa Blvd. and First St. and consists of approximately 10 acres; and WHEREAS, in accordance with the California Environmental Quality Act, the City Council adopted the Mitigated Negative Declaration (MND) that was prepared for the project in 2016. It was determined, with implementation of the identified mitigation measures, there would be no significant adverse impacts resulting from the development, and that the proposed time extension would not impose any further significant adverse effects; and WHEREAS, the City Council held a duly noticed public hearing on June 4, 2018, and considered the public testimony, the staff report and all other documentation related to the request time extension; and WHEREAS, the location and custodian of the documents or other materials that constitute the record of proceedings upon which TM 13-11 and AS 13-35 time extension request is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT, The City Council of the City of Gilroy hereby approves a 12-month time extension for TM 13-11 and AS 13-35 to April 4, 2019, subject to the attached conditions of approval set forth in Exhibit “A” attached hereto. PASSED AND ADOPTED this 4th day of June 2018, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 10.A.b Packet Pg. 191 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX APPROVED: Roland Velasco, Mayor ATTEST: Shawna Freels, City Clerk 10.A.b Packet Pg. 192 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX EXHIBIT A REVISED CONDITIONS OF APPROVAL City Council Resolution 2018-xx TM 13-11 Conditions of Approval Note: The following abbreviations identify the City department or division responsible for determining compliance with these standard conditions. The first group listed has responsibility for compliance at plan check, the second confirms compliance with the condition at final inspection, prior to final occupancy or issuance of a certificate of occupancy, or as specified in the condition. If only one group is identified, they have responsibilities from initial review through compliance verification. Internal information shown in italics at the end of each condition provides internal reference for the condition: Some are standard permit conditions (e.g. G-1) while some are taken from environmental documents (e.g. MND-S2). RESPONSIBLE DEPARTMENTS/DIVISIONS BL Building Division/Inspectors PK Parks/Landscape Design CA City Attorney PL Planning Division CE Code Enforcement PW Public Works/Engineering FD Fire Department TR Traffic Division PD Police Department WW Wastewater/Source Control GENERAL PROJECT CONDITIONS 1. This permit is granted for the property described in the application on file with the Planning Division, and may not be transferred from one property to another, unless a request is requested and granted by the Planning Manager, pursuant to the City Code. (PL, G-1) 2. This permit is granted for approved plans (“the plans”) on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions. Any subsequent modification or deviation to the approved plans shall be considered by the Planning Manager, may require separate discretionary approval and shall conform to City Code requirements or policies adopted by City Council. (PL, G-2) 3. Developer means permit applicant, property owner, and/or tenants using the space(s) for the intended use(s). Compliance with project conditions is expected for the life of the project. (CA, G-3) 4. An approved tentative map shall expire twenty-four (24) months from the approval date. (PL, G-6) 5. Should Developer intend to request an extension to the permit expiration date, Developer must submit to the Planning Division a written application with applicable fees prior to the expiration date. Only timely requests may be considered pursuant to the City Code. (PL, G-7) 10.A.b Packet Pg. 193 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX 6. Failure to appeal this decision in a timely manner or commencement of any activity related to the project is understood to clarify the Developer’s acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein. (CA, G -8) 7. Developer shall complete all required off-site and on-site improvements related to the project, including structures, paving, and landscaping, prior to occupancy unless otherwise allowed by the Community Development Director. (BL, G-9) 8. Developer agrees, as a condition of adoption of this resolution, at Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against City or it's officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. (CA, G-10) 9. Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail. (CA, G-11) 10. Developer shall complete the “Notice of Land Use Restrictions and Conditions” form, using the form provided by the City, for recording with the Santa Clara County Recorder. Before the City issues building permits, Developer shall submit the original completed, signed and notarized document, together with the required fees to the Planning Manager. (PL, G-12) 11. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to permit revocation pursuant to the City Code. (CA, G-13) 12. Prior to issuance of building permits, Developer shall correct all violations of the City Code existing on the project property for which the City has open cases. (PL/CE, G-14) 13. Approval of this Vesting Tentative Map application is subject to approval of Zoning/Planned Unit Development application Z 13-08 and Architectural and Site Review Permit AS 13-35. Should either of those applications not be 10.A.b Packet Pg. 194 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX approved or be rescinded, this approval shall become null and void. 14. Building and grading permits for the project shall not be issued prior to recordation of the final map. PLANNING DIVISION STANDARD CONDITIONS 15. Developer acknowledges that because of water limitations placed on the city by its water providers, approval of this permit does not guarantee that the city will issue building permits. Issuance of building permits may be delayed and subject to implementation and/or compliance with mandated water conservation or allocation plans. (PL/PW, PL-1) 16. Developer shall submit plans for building permit applications that include, on all sets, a reproduction of all conditions of approval of this permit, as adopted by the decision-maker. (PL, PL-3) 17. Developer may not modify any use approved by this permit unless the Community Development Director or designee determines that Developer has provided the parking required by the City Code for the modified use. (PL, PL-6) 18. All project on-site lighting shall be of a type and in a location that does not constitute a hazard to vehicular traffic, either on private property or on public property, including streets. Such lighting shall not conflict with drainage plans, landscape plans, tree locations, parking spaces, or any other such land use concerns. (PL, PL-7) PLANNING DIVISION SPECIAL CONDITIONS 20. Prior to approval of the final map, the subdivision shall be modified to address the following items to the approval of the Planning Division: a. Elimination of the 10-foot PSE in the southeast portion of the site b. Retention and realignment of the emergency vehicle access from the adjacent property to the south to First St. c. An easement to provide access from the subject property and the adjacent property to the south to the shopping center to the east, subject to Shopping Center approval. In the event Shopping Center does not agree to said easement, this condition shall not be enforced. d. Decorative pavement at project entrances and walkways and crosswalks, to the approval of the Public Works and Community Development Directors. e. Elimination of two speed tables and revision to the location of guest parking as shown on Site Plan Alternate, dated 9/11/15. f. Modification of the private street behind unit 119 to provide adequate room for backing out of that garage. g. Minor modification of the project layout near the intersection of 10.A.b Packet Pg. 195 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX Santa Teresa Blvd. and First St., not resulting in loss of units, in order to maintain adequate front yard setbacks from the roundabout proposed for this intersection. 21. No on-site fill material may be retained by the existing pre-cast concrete property boundary walls. 22. Prior to approval of the final map, a phasing plan for construction of the project shall be submitted to and approved by the Community Development and Public Works Directors. The phasing plan shall include the timing of installation of common area improvements, including private streets, landscaping, recreational facilities and blocks of townhouse units. 23. Prior to approval of the final map, a copy of the CC&Rs and By-Laws for the homeowners association shall be submitted to and approved by the Planning Division. The Homeowners Association shall be responsible for enforcing all requirements of the CC&Rs and By-Laws, with special attention to the following. These documents shall include at a minimum the following provisions that may only be modified or deleted upon City approval: a. At all times, unit garages shall maintain a minimum 20’ x 20’ clear space be used for parking of vehicles only. Resident vehicles shall be parked in the unit garages and not in guest parking spaces or on public streets. b. For the life of the development, the Homeowner Association shall contract for the placement of garbage and recycling toters on the resident driveway aprons of each unit within two hours after rubbish pick-up and within two hours after recycling pick-up. c. For the life of the development, no parking shall be allowed on the private streets within the subdivision except as shown and conditioned on the approved plans. 24. Prior to issuance of a grading permit, the applicant shall obtain a Santa Clara Valley Habitat Plan permit from the City of Gilroy. The permit will require implementation of all applicable project conditions and payment of appropriate land cover fees. The applicant shall be responsible for the implementation of this mitigation measure, subject to monitoring by the City of Gilroy. 25. Due to the possibility that significant buried cultural resources might be found during construction, the applicant shall include the following language on any grading, site work, and construction plans issued for the project site, subject to the review and approval of the Gilroy Planning Division (pursuant to Gilroy General Plan Policy 5.07): If archaeological resources are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional 10.A.b Packet Pg. 196 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. 26. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the applicant shall include the following language is included in all grading, site work, and construction plans in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division: 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. 27. Compliance with all conditions of approval of Zoning/Planned Unit Development 13-08 and Architectural and Site Review Permit AS 13-35 shall also be a condition of this approval. Environmental Mitigation Measures 28. The following Best Management Practices (BMPs) (as set forth in Table 8-1, BAAQMD Basic Construction Mitigation Measures, outlined in the BAAQMD CEQA Air Quality Guidelines), shall be included in the Project’s construction- contract specifications. The control measures shall be included on all grading, site work, and construction plans and implemented during the duration of all proposed construction activities: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. 10.A.b Packet Pg. 197 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. Post a publicly visible sign with the telephone number and person to contact at the City regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. (MND AQ-1) 29. Prior to issuance of building permits, the Project shall implement the following design recommendations: a. Establish and plot onto all plans the vertical and horizontal locations of all trees identified for preservation, and forward the plans to the Consulting Arborist for review and comment. b. Any changes to the plans affecting the trees shall be reviewed by the Consulting Arborist with regard to tree impacts. These include, but are not limited to, demolition plans, improvement plans, utility and drainage plans, grading plans, and landscape and irrigation plans. c. A Tree Protection Zone (TPZ) shall be established around each tree to be preserved. TPZs for trees identified for preservation are identified in the following table. No trenching, excavation, construction or storage of materials shall occur within that zone. No underground services including utilities, sub-drains, water or sewer shall be placed in the TPZ. Spoil from trench, footing, utility, or other excavation shall not be placed within the TPZ, either temporarily or permanently. 29. Tree No. 30. TPZ 31.#21 and 25- 31 32. 5’W. DL in all other directions 33.#81-84 34. 5’ N. DL in all other directions 35.#22 and 23 36. 10’ W. DL in all other directions 37. Note: DL = Dripline 10.A.b Packet Pg. 198 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX d. The Tree Preservation Guidelines, prepared by the Consulting Arborist, shall be included on all plans. e. Underground services including utilities, sub-drains, water or sewer shall be routed around the Tree Protection Zone. Where encroachment cannot be avoided, special construction techniques such as hand digging or tunneling under roots shall be employed to minimize root injury. f. Locate all temporary access roads to remain outside TPZs. g. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use. h. Irrigation systems must be designed so that no trenching shall occur within the TPZs. (MND BIO-1) 30. The Project shall implement the following pre-construction treatments and recommendations: a. The construction superintendent shall meet with the Consulting Arborist before beginning work to discuss work procedures and tree protection. b. Fence all trees to be retained to completely enclose the TPZ prior to demolition, grubbing or grading. Fences shall be 6’ high chain link, mounted to steel posts firmly driven into the ground or on stanchions fastened securely with rebar staples 12” deep, as required by the City. Fences are to remain until all grading and construction is completed. c. Trees recommended for preservation may require clearance pruning for construction. All pruning shall be completed by a Certified Arborist or Tree Worker and adhere to the latest edition of the ANSI Z133 and A300 standards as well as the Best Management Practices—Tree Pruning, published by the International Society of Arboriculture. d. Structures and underground features to be removed within the TPZ shall use the smallest equipment, and operate from outside the TPZ. The consultant shall be onsite during all operations within the TPZ to monitor demolition activity. e. A 4-6” wood chip mulch shall be applied and maintained within the TPZ. (MND BIO-2) 31. The Project shall implement the following recommendations for tree protection during construction: a. Prior to beginning work, all contractors working in the vicinity of trees to be preserved are required to meet with the Consulting Arborist at the site to review all work procedures, access routes, storage areas and tree protection measures. b. No grading, construction, demolition or other work shall occur within the TPZs. Any modifications must be approved and monitored by the Consulting Arborist. 10.A.b Packet Pg. 199 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX c. Any excavation within the dripline or other work that is expected to encounter tree roots shall be approved and monitored by the Consulting Arborist. Roots shall be cut by manually digging and trench and cutting exposed roots with a sharp saw. The Consulting Arborist shall identify where root pruning is required. d. If injury should occur to any tree during construction, it shall be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied. e. Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with a saw. f. Fences have been erected to protect trees to be preserved; these fences define a specific TPZ for each tree or group of trees. Fences shall remain until all site work has been completed. Fences shall not be relocated or removed without permission of the Consultant. g. Construction trailers, traffic and storage areas shall remain outside fenced areas at all times. h. Prior to grading, pad preparation, excavation for foundations/footings/walls, trenching, trees may require root pruning outside the TPZ by cutting all roots cleanly to the depth of the excavation. Roots shall be cut by manually digging a trench and cutting exposed roots with a saw, with a vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root pruning equipment. The Consulting Arborist shall identify where root pruning is required. i. No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored within the TPZs. j. Any additional tree pruning needed for clearance during construction shall be performed by a Certified Arborist and not by PG&E or construction personnel. (MND BIO-3) 32. For the life of the development, the Project shall implement the following measure for tree maintenance: a. Tree health and structural stability shall be monitored, since preserved trees may experience a physical environment different from that of pre- development. Occasional pruning, fertilization, mulch, pest management, replanting and irrigation may be required. (MND BIO-4) 33. Significant Trees - Replacement and Planting Measures. Prior to Grading Permit issuance, the Applicant shall contract with a certified arborist to determine the value of the significant trees to be removed. The value of the significant trees to be removed shall be used to enhance tree planting on the site, to the approval of the Community Development Director or designee. (MND BIO-5) 34. Prior to excavation, any soil that is excavated and/or hauled away for disposal shall be characterized by a qualified environmental professional for the possible presence of agricultural chemicals, according to state and federal 10.A.b Packet Pg. 200 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX regulations, in order to profile the soil for disposal. (MND HAZ-1) 35. Prior to issuance of a Demolition Permit for any structures within the Project area (or prior to issuance of a Grading Permit for vacant properties), the property and any onsite structure(s) shall be evaluated for occurrence of asbestos-containing materials, lead-based paints, and/or other hazardous materials. The City of Gilroy Hazardous Materials Program would perform oversight of cleanup and investigation of hazardous materials and hazardous waste contamination. (MND HAZ-2) 36. Prior to the issuance of the Grading Permit, the Applicant shall prepare a detailed Hydrology Study, approved by the City Engineer, demonstrating that all runoff would be treated and contained onsite. The Study shall demonstrate that all storm drain facilities are designed for the 25- year storm event protection. (MND HYD-1) 37. Prior to Grading Permit issuance, the Applicant shall demonstrate, to the satisfaction of the City of Gilroy Community Development Director or designee that the Project complies with the following: a. Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. b. Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible. c. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. d. Construction activities shall not take place outside of the allowable hours specified by Gilroy City Code Section 16.38, Hours of Construction (between 7:00 AM and 7:00 PM on weekdays, and between 9:00 AM and 7:00 PM on Saturdays). Construction activities are not permitted on Sundays or City holidays. (MND N-1) 38. After the plot plans and architectural drawings have been developed, and prior to the issuance of Building Permits, the City of Gilroy Building Official shall confirm that the applicable project plans and specifications include sound ‐rated windows for Project residential areas immediately adjacent to First Street (SR- 152) and Santa Teresa Boulevard (i.e., along the roadway or with a direct line of sight). All exterior windows for residences adjacent to First Street (SR-152) and Santa Teresa Boulevard shall be constructed with upgraded windows to provide an airborne sound insulation system achieving a minimum Sound Transmission Class (STC) of 33. The final site design shall also implement centralized heating/ ventilation/air-conditioning (HVAC) units on all these dwelling units to ensure noise levels would be below 45 dBA CNEL with windows and doors closed. The Applicant, as an alternative, may retain a qualified acoustical 10.A.b Packet Pg. 201 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX consultant whom shall submit a report for an alternative means of sound insulation satisfactory to the City of Gilroy which achieves a maximum interior noise level of 45 dBA CNEL. (MND N-2) 39. Intersection 1 (Santa Teresa Boulevard / Fitzgerald Avenue) – The significant project impact to this intersection shall be mitigated with the addition of a separate northbound right -turn land on Santa Teresa Blvd. to eastbound Fitzgerald Ave. Adding a separate northbound right -turn lane would improve the intersection level of service conditions to better than background conditions (LOC C and E during the AM and PM peak hours, respectively.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair -share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $2,062,181 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $103,109. The Developer shall pay the 5% improvement fair -share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair - share cost shall be made by the developer prior to the issuance of the first building permit. 40. Intersection 3 (Santa Teresa Boulevard / Day Road East) – The cumulative project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than cumulative (no project) conditions (LOS D during the AM peak hour.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. This condition was also assigned to another developer (Silveira – Tract 10230). 10.A.b Packet Pg. 202 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX This condition has been fully met by the Tract 10230 developer and is no longer in need of subsequent mitigations by the Imwalle Townhomes project. 41. Intersection 4 (Santa Teresa Boulevard / Sunrise Drive) – The significant project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than background conditions (LOS B during the AM peak hour.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair -share contribution. Timing for completion of this improvement is revised as follows: Construction shall commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit, and to the satisfaction of the City Traffic Engineer. 42. Intersection 10 (Kelton Drive-Project Access / First Street) – This intersection is within Caltrans jurisdiction, the Project Applicant shall: 1) Construct the fourth leg of the existing First/Kelton intersection on the south side of the intersection to align with Kelton Street on the north side of First Street to form a four-leg intersection. 2) Coordinate construction of signal improvements at this intersection in conjunction with development of the First and Kelton Commercial Project (AS 17-25). 3) Provide adequate dedication of any Public Service Easement necessary for placement of signal equipment for the signalized intersection improvements. 4) Obtain any necessary permit from Caltrans for work along the project’s First Street frontage. Should the First and Kelton Commercial Project (AS 17 -25) proceed with the intersection signal improvements in advance of any site construction work on this project site, the developer shall provide the necessary site accommodation for the signal equipment to be installed. 43. Intersection 13 (Wren Avenue / Welburn Avenue) – The construction of signal improvements at this intersection are underway. Mitigation of this intersection traffic impacts are no longer necessary for this project. 44. Intersection 17 (Monterey Street / Fitzgerald Avenue-Masten Avenue) – The significant project impact to this intersection shall be mitigated by providing protected left-turns on the east and west approaches of the intersection. Additionally, by changing the east -west signal phase from split to protected, Fitzgerald Ave. would need to be widened to provide an exclusive eastbound 10.A.b Packet Pg. 203 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX left-turn lane. Implementation of the proposed improvements would improve the intersection level of service conditions to better than background conditions (LOS C and D during the AM and PM peak hou rs, respectively.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair -share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $1,776,143 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $88,807. The Developer shall pay the 5% improvement fair -share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair - share cost shall be made by the developer prior to the issuance of the first building permit. 45. Intersection 22 (US-101 SB Ramps / Masten Avenue) – The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS B during both peak hours with signalization. This improvement has been identified in the City’s Traff ic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair -share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection . The estimated cost of the improvement is $765,618 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $19,140. 10.A.b Packet Pg. 204 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX The Develolper shall pay the 5% improvement fair -share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair - share cost shall be made by the developer prior to the issuance of the first building permit. 46. Intersection 23 (US 101 Northbound Ramps / Masten Ave.) – The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS C and B during the AM and PM peak hours, respectively, with signalization. This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $788,118 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $19,703. The Developer shall pay the 5% improvement fair -share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair - share cost shall be made by the developer prior to the issuance of the first building permit. PUBLIC WORKS/ENGINEERING DIVISION STANDARD CONDITIONS 47. GENERAL a. Developer shall perform all work in compliance with the City of Gilroy Specifications, Standards Design Criteria, and Development Agreement 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. b. Until such time as the Improvements are accepted by City, Developer 10.A.b Packet Pg. 205 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. c. The applicant shall obtain all necessary permits from federal, state, and local agencies as required to construct the proposed improvements including, but not limited to, the Santa Clara County Roads & Airports Department, Caltrans and Regional Water Quality Control Board. d. All existing utility poles shall be removed, and all utilities placed underground. No new poles are allowed. 48. GENERAL – Applicant shall obtain will serve and review letter from Recology confirming serviceability and site accessibility of solid waste pickup. Contract Steven Lucchetti, Operations Manager 408-842-3358. 49. FEES a. 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, 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. b. 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. c. Prior to final map/improvement plan approval, Developer shall submit a final construction cost estimate and pay the remaining 60% of the revised plan check and inspection fees based on the final revised construction cost estimate and other related fees that the property is subject to, enter into a property improvement agreement, and provide payment and performance bonds. d. The fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with city policy. e. The sum of all fair-share contributions in lieu of construction of the improvements shall be recalculated to reflect current construction costs as identified in each traffic mitigation improvement condition as indicated. Details as to fair-share amount, schedule for payment of fair- share contribution, or construction, shall be established in a subsequent agreement, to be worked out between City and developer, prior to issuance of the first building permit. f. The project’s estimated Traffic Impact Fee for 202 units is $9,099per unit (high density residential) for a total of $1,837,998.00 based on the currently effective fee schedule dated July 1, 2015. Based on the fee schedule that will be effective on July 1, 2018, the estimated Traffic Impact Fee is $9,372per unit (high density residential) for a total of $1,893,144.00. The Traffic Impact Fee will be due prior to building occupancy. Note that there will be another 3% traffic impact fee increase beginning July 1, 2019. The Traffic Impact fee and other development 10.A.b Packet Pg. 206 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX impact fees due for this project shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with city policy. 50. TRANSPORTATION a. Developer shall submit photometric plans prior to first building permit issuance. b. 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 Santa Teresa and First Street frontage. Quad duct shall be per City STD EL- 11. c. 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. d. Final streetlight locations shall be to the satisfaction of the City Transportation Engineer and shall follow City standards. e. Developer shall design driveway grades to keep the automobile from dragging or “bottoming out” on the street or driveway and to keep water collected in the street from the 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. f. 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 included in the Improvement Plans and shall be approved prior to grading permit issuance. g. Prior to the issuance of 100th building permit, provide for VTA -approved bus stop along the First Street frontage of the project to support the extension of the Line 19 bus route. Contact Rod Ballesteros, Operations Manager at VTA (408) 321-2300 for design requirements. h. At improvement plan phase, Developer shall provide street lighting per current Public Works standard LED type 15 arrangement. i. Prior to the issuance of the first building permit, Developer shall provide an on-site/off-site striping plan for review and approval by the Engineering Division. 51. GRADING/DRAINAGE a. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. 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 10.A.b Packet Pg. 207 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX accordance with Municipal Code § 27C to minimize erosion. 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 Improvement Plan/Final Map approval. b. 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. c. Prior to issuance of the first building permit, the applicant’s soils engineer shall review the final grading and drainage plans to ensure that designs for 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. 52. TRANSPORTATION All streets and alleys shall be private and maintained by the HOA. 53. TRANSPORTATION - At first plan submittal developer shall model all Solid Waste Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swepth analysis software, all turning and street circulation movements. 54. TRANSPORTATION At first plan submittal developer shall model all Emergency Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swepth analysis software, all turning and street circulation movements. 55. WATER CONSERVATION: The project shall fully comply with the measures required by the City’s Water Supply Shortage Regulations Ordinance (Gilroy 10.A.b Packet Pg. 208 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX 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. a. All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. b. Recycled water shall be used for construction water, where available, as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District’s municipal industrial rate. c. Where recycled water is not available, as determined by the Public Works Director, potable water shall be used. All City potable water will be billed based on the City’s comprehensive fee schedule under the Portable Fire hydrant meter rate. 56. 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. 57. UTILITIES a. Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. b. 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. c. The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director. d. Storm and sewer lines in private areas shall be privately maintained unless approved by the Public Works Director. e. 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: i. 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). ii. The Developer shall negotiate right-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by 10.A.b Packet Pg. 209 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX the Engineering Division and the utility companies. iii. “Will Serve Letter” from each utility company for the subdivision shall be supplied to the City. f. Joint trench composite plans shall be approved prior to final map/improvement plan approval or as otherwise determined by the Public Works Director/City Engineer. g. 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. h. 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-signed and PG&E-approved 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. 58. NOTICING: At least one week prior to commencement of work, the Developer shall post at the site and mail to owners of property within (300') three 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. 59. START OF CONTRUCTION: 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. 60. WORKING HOURS: 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 will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 61. WORK INSPECTION: All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 62. HAUL PERMIT: If the project has excess fill or cut that will be off-hauled to a 10.A.b Packet Pg. 210 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX 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. 63. DUST CONTROL: 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. 64. CONSTRUCTION STREET 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). 65. STREET MAINTENANCE: 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. 66. RESTORATION OF 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. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 10.A.b Packet Pg. 211 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX 67. FINAL MAP: The tentative map and all final maps shall designate all common lots and easements as lettered lots or lettered easements. The Final map should be clear on the limits of Public vs. Private (HOA) responsibilities. The Final map should also be clear of the HOA vs. Homeowners responsibilities. 68. FINAL MAP: Prior to final map approval, the developer shall establish a homeowner association. The homeowner association shall be responsible for the maintenance of the landscaping, walls, private streetlights, private utilities, private streets, and common areas, and shall have assessment power. HOA shall be responsible maintenance of the Storm Water Control treatment areas and the CC&R’s shall describe how the stormwater BMPs associated with privately owned improvements and landscaping shall be maintained by the association. This information shall be clearly included in the Conditions, 69. MONUMENTS a. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. b. Location of monuments shall be tied out prior to work. Any City monument damaged, displaced or destroyed shall be replaced at the developer's sole expense. c. 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. 70. GRADE CERTIFICATION: 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. 71. ACCEPTANCE OF IMPROVEMENTS: 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. PUBLIC WORKS/ENGINEERING DIVISION SPECIAL CONDITIONS 10.A.b Packet Pg. 212 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX 72. UTILITY PLAN: Prior to issuance of construction permits, applicant shall revise the Utility Plan to comply with the following: a. Provide missing invert elevations for the sanitary sewer system. b. Revise invert information on private streets to show the correct direction of flow. 73. UTILITY PLAN: All utilities shall be private (Storm, Water, Sewer) 74. STORMWATER: This project shall comply with post-construction stormwater quality requirements per Chapter 27D of the Gilroy Municipal Code. a. At grading permit phase, submit design level Stormwater Management Plan for review and approval that includes the following: i. Areas to be converted to pervious surface: The type of pervious surface(s) and proposed areas for conversion shall be to the satisfaction of the Community Development Director and Public Works Director or their designees. ii. Stormwater Treatment Summary Table that meets the required percentage of equivalent impervious surface area. iii. stormwater calculations iv. Overland release arrows v. A report including the above items and summarizing existing conditions, design summary, oportunities/constraints regarding the stormwater management design, and detailed explanation of all aspects of the stormwater management design. b. At grading permit phase, applicant shall submit the final signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. c. Stormwater BMP Operation and Maintenance Agreement i. Prior to the issuance of the first building permit, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management treatment BMPs. The City- standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. 10.A.b Packet Pg. 213 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX 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), an owners' or homeowners' association or other legal entity approved by the City. v. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans. vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan. 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: iii. Site address; iv. Date and time of inspection; v. Name of the person conducting the inspection; vi. List of stormwater facilities inspected; vii. Condition of each stormwater facility inspected; viii. Description of any needed maintenance or repairs; and ix. As applicable, the need for site re-inspection. 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. 75. STORMWATER: All stormwater management design facilities shall not conflict with surrounding structures, footings, utilities, etc. All BMP and LID design shall consider the proximity to existing and proposed structures. 76. STORMWATER: The Civil design engineer shall ensure that th e landscape 10.A.b Packet Pg. 214 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX design does not conflict or obstruct the design, use, and maintenance of stormwater management facilities. All landscape planting shall not interfere with the stormwater management design and facilities. FIRE DEPARTMENT STANDARD CONDITIONS 77. TM Conditions shall be 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 be scheduled. No building permits will be issued without a Fire –Off-Site Improvement Inspection and Fire Flow Test administered by the Fire Marshal. 78. Secondary access shall be provided when 30 or more units served. Secondary Access does not need to serve as public access, however the roadway shall meet the City standards as a street. Any alternative designs are subject to review and approval by the Fire Chief. 79. Gated Access Roadways shall be provided with electronic and provided with a click to open electronic opening system compatible with the Fire Department equipment as well as KNOX key over ride for both Fire and Police access. 80. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure. Street Hydrants shall be spaced every 300 ft., and within 150 ft. of any building. Off-site improvement plan shall provide Fire Hydrants per the City Standard for type, location, red curb and blue reflective marker placement. Hydrants shall be installed prior to commencement of construction with combustible materials. Note: if hydrant placement causes a parking space to be obstructed the parking space shall be replaced at another location in the development. 81. All homes shall be provided with water laterals and meters sized to allow for a residential NFPA 13d fire sprinkler system. At a minimum the off-site improvement plan shall provide 1.5 inch water laterals and 1” meters sized to allow for a residential NFPA 13d fire sprinkler system. A fire flow test shall be obtained from the Fire Marshal for the purpose of Fire Sprinkler design. 82. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than 13.5 ft. shall be provided. Turning radius shall not be less than 32’ inside and 39’. Dead end streets greater than 150’ in shall be provided with a cul-de-sac of 78’diameter unless they qualify for an exemption. 83. Road widths shall be as follows: 10.A.b Packet Pg. 215 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION NO. 2018-XX a. Less than 28 ft., no parking on either side b. Less than 36 ft.,. no parking on one side. c. At or over 36 ft., parking not restricted. d. 78’ diameter cul de sac- no parking e. 98’ diameter cul de sac- parking not restricted 84. Where parking is restricted, curbs shall be painted red at installation with the stencil FIRE LANE every 25 feet, or every 75 feet No Parking - Fire Lane signs shall be installed per MUTCD standard at street completion. Repainting may be necessary at final project completion and prior to tract acceptance. Include curbing and/or signage details in the Off-Site improvement plans. Private roadway striping and/or signage shall be enforced and maintained by the HOA. A parking enforcement plan will be required. 85. Street naming shall be done prior to off-site improvement plan and building plan submittal. Street A shall be named as two streets as the City Street naming policy does not provide for a street name to continue in a perpendicular route. Addresses shall be assigned by the City Engineering Section prior to improvement plan and building permit submittal. Street signage shall be installed prior to any on-site improvements (foundations or buildings) has begun. 86. Open Spaces, including storm water detention/retention basins, agricultural lots, landscaped and naturally vegetated areas shall have vegetation management to remove dead plants and debris, and to remove, disc or mow weeds during weed abatement season from April to November of each year. In HOA managed areas the HOA shall be responsible. For privately owned property it shall be performed by the property owner. FIRE DEPARTMENT SPECIAL CONDITIONS 87. Turning radii for Fire Apparatus on private streets in the project shall be to the approval of the Fire Marshal prior to approval of the final map. 88. The EVA shall meet City Standard Roadway criteria for compaction, drainage and weight bearing for a Fire apparatus. If a design is not accepted the EVA shall be constructed as a roadway. 89. Prior to scheduling the proposed development for City Council consideration, the applicant shall re-design the site plan to properly accommodate the turning movement of all emergency response vehicles to the satisfaction of the Fire Chief and Community Development Director. The necessary re-design shall not result in any loss of existing landscaping or parking, as conditioned, nor shall the re-design result in any significant alterations to the on-site stormwater retention requirements. 10.A.b Packet Pg. 216 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) RESOLUTION 2017-__ AS 13-35 Conditions of Approval GENERAL PROJECT CONDITIONS 1. This permit is granted for the property described in the application on file with the Planning Division, and may not be transferred from one property to another, unless a request is requested and granted by the Planning Manager, pursuant to the City Code. (PL, G-1) 2. This permit is granted for approved plans (“the plans”) on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions. Any subsequent modification or deviation to the approved plans shall be considered by the Planning Manager, may require separate discretionary approval and shall conform to City Code requirements or policies adopted by City Council. (PL, G-2) 3. Developer means permit applicant, property owner, and/or tenants using the space(s) for the intended use(s). Compliance with project conditions is expected for the life of the project. (CA, G-3) 4. Developer shall obtain building permits for the plans within one (1) year from the original expiration date of this permit approval. If such buildings permits are not received within the time frame, this permit shall automatically become null and void. (PL, G-4) 5. Should Developer intend to request an extension to the permit expiration date, Developer must submit to the Planning Division a written application with applicable fees prior to the expiration date. Only timely requests may be considered pursuant to the City Code. (PL, G-7) 6. Failure to appeal this decision in a timely manner or commencement of any activity related to the project is understood to clarify the Developer’s acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein. (CA, G- 8) 7. Developer shall complete all required off-site and on-site improvements related to the project, including structures, paving, and landscaping, prior to occupancy unless otherwise allowed by the Community Development Director. (BL, G-9) 8. Developer agrees, as a condition of adoption of this resolution, at Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against City or its officers, 10.A.b Packet Pg. 217 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Resolution 2018-__ contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. (CA, G-10) 9. Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail. (CA, G-11) 10. Developer shall complete the “Notice of Land Use Restrictions and Conditions” form, using the form provided by the City, for recording with the Santa Clara County Recorder. Before the City issues building permits, Developer shall submit the original completed, signed and notarized document, together with the required fees to the Planning Manager. (PL, G-12) 11. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to permit revocation pursuant to the City Code. (CA, G-13) 12. Prior to issuance of building permits, Developer shall correct all violations of the City Code existing on the project property for which the City has open cases. (PL/CE, G-14) 13. Approval of this Architectural and Site Review application is subject to approval of Zoning/Planned Unit Development application Z 13-08 and Vesting Tentative Map TM 13-11. Should either of those applications not be approved or be rescinded, this approval shall become null and void. 14. Building and grading permits for the project shall not be issued prior to recordation of the final map. PLANNING DIVISION STANDARD CONDITIONS 15. Developer acknowledges that because of water limitations placed on the city by its water providers, approval of this permit does not guarantee that the city will issue building permits. Issuance of building permits may be delayed and subject to implementation and/or compliance with mandated water conservation or allocation plans. (PL/PW, PL-1) 16. Developer shall submit plans for building permit applications that include all exterior building materials and colors, including product and finish manufacturer name, color name and number, and surface finish type (e.g. stucco with sand finish, plaster with smooth finish) to be used in 10.A.b Packet Pg. 218 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Resolution 2018-__ construction. (PL, PL-2) 17. Developer shall submit plans for building permit applications that include, on all sets, a reproduction of all conditions of approval of this permit, as adopted by the decision-maker. (PL, PL-3) 18. Prior to issuance of building permits, Developer shall provide to the Planning Division digital photos or copies of full-size colored elevations, color and material sample boards, perspective illustrations, and any other colored exhibit approved by the decision-maker. (PL, PL-4) 19. Developer may not modify any use approved by this permit unless the Community Development Director or designee determines that Developer has provided the parking required by the City Code for the modified use. (PL, PL-6) 20. All project on-site lighting shall be of a type and in a location that does not constitute a hazard to vehicular traffic, either on private property or on public property, including streets. Such lighting shall not conflict with drainage plans, landscape plans, tree locations, parking spaces, or any other such land use concerns. (PL, PL-7) 21. Parking lot and exterior light fixtures shall be full cutoff type (with no structure or housing element below the flat lens) so that lighting is directed downward only, minimizing glare and light pollution, and shall not cast light on any adjacent property or roadway. Developer shall recess or conceal any under - canopy lighting elements so they are not directly visible from any public area. Prior to issuance of building permits, Developer shall submit a lighting plan with details of the proposed fixtures and locations that substantiate compliance with this condition to the satisfaction of the Community Development Director or designee. 22. Developer shall obtain necessary permits prior to initiating any new construction or modifications authorized under this approval, including but not limited to temporary construction trailers, temporary staging areas, model home sales offices, advertising signs of any kind, exterior and interior modifications. Developer shall pay all requisite fees in effect at the time of plan submittal and/or issuance, as applicable. (PL, PL-9) 23. Developer agrees, as a permit of condition approval, that no sign advertising the development project or components thereof, including individual tenants or subdivisions, shall be installed or maintained onsite or offsite except as allowed and in conformance with an approved sign permit. (PL, PL-12) 10.A.b Packet Pg. 219 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Resolution 2018-__ 24. Concurrent with or prior to an application for a grading permit, Developer shall apply for a Santa Clara Valley Habitat Plan permit from the City of Gilroy. The grading permit will be issued only after payment of assessed fees and approval of the Habitat Plan permit. (PL, PL-13) 25. Prior to issuance of a grading permit, Developer shall present to the Community Development Director or designee, a receipt issued by Santa Clara County for full payment of the Santa Clara Valley Habitat Plan fees for associated with the proposed development. Such receipt shall be dated within six (6) months of the grading permit issuance date, or the fee amount may be reassessed and difference collected at the time of grading permit issuance. (PL, PL-14) 26. Developer shall install all roof and building rain gutters and downspouts, vents, and flashing to integrate as closely as possible with building design elements, including matching the color of the adjacent surface. (PL, PL-18) 27. Prior to issuance of building permits, Developer shall provide utility meters, mechanical equipment, mailboxes and address directories, placed in decorative cabinets and clustered for efficient access by residents and service persons. The final placement and design shall be to the satisfaction of the Commun ity Development Director or designee. (PL, PL-19) 28. Prior to issuance of building permits, Developer shall provide screening of all mechanical equipment, post indicator valves, backflow prevention devices etc. All ground mounted utility appurtenances such as transformers shall not be visible from any public right-of-way and shall be adequately screened through the use or combination of concrete or masonry walls, berms, and landscaping. In addition to the above, backflow preventers shall be painted dark gree n, except the fire connection which shall be painted yellow. The final placement and design of these items shall be to the satisfaction of the Community Development Director or designee. (PL, PL-20) 29. Developer shall provide automatic garage door openers for all garages. All garage entries closer than 23 feet to the front property line shall be equipped with a sectional roll-up garage door. (PL, PL-21) 30. In tandem with Condition 46(f), developer shall provide masonry walls along the southern and eastern property boundaries, subject to final review and approval. (PL, PL-24) 31. Prior to issuance of a Temporary Use Permit for the sales office and/or model home, Developer shall provide details of signage and written information to potential buyers that demonstrate the principles of water efficient landscapes described in the State MWELO. Developer shall provide such details to the satisfaction of the Community Development Director or designee. (PL, PL-26) 10.A.b Packet Pg. 220 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Resolution 2018-__ 32. Light standards illuminating interior walkways shall be not more than eight (8) feet in height, and shall not intrude into the private living or patio areas. Light standards serving recreational areas held in common shall be no more than 15 feet in height, and shall be directed away from dwelling units. (PL, PL-27) 33. Developer shall establish a Homeowners’ Association (HOA) for the development. The HOA shall be responsible for the maintenance and enforcement of parking, private streets, landscaping, recreation and other interior areas held in common by the HOA. Such responsibilities shall be provided within the CC&Rs for the development. (PL, PL-28) PLANNING DIVISION SPECIAL CONDITIONS 34. Compliance with all conditions of approval of Vesting Tentative Map TM 13- 11 shall also be a condition of this approval. Environmental Mitigation Measures 35. The following Best Management Practices (BMPs) (as set forth in Table 8-1, BAAQMD Basic Construction Mitigation Measures, outlined in the BAAQMD CEQA Air Quality Guidelines), shall be included in the Project’s construction- contract specifications. The control measures shall be included on all grading, site work, and construction plans and implemented during the duration of all proposed construction activities: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material on or off- site shall be covered. c. All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper 10.A.b Packet Pg. 221 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Resolution 2018-__ condition prior to operation. h. Post a publicly visible sign with the telephone number and person to contact at the City regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.(MND AQ-1) 36. Prior to issuance of building permits, the Project shall implement the following design recommendations: a. Establish and plot onto all plans the vertical and horizontal locations of all trees identified for preservation, and forward the plans to the Consulting Arborist for review and comment. b. Any changes to the plans affecting the trees shall be reviewed by the Consulting Arborist with regard to tree impacts. These include, but are not limited to, demolition plans, improvement plans, utility and drainage plans, grading plans, and landscape and irrigation plans. c. A Tree Protection Zone (TPZ) shall be established around each tree to be preserved. TPZs for trees identified for preservation are identified in the following table. No trenching, excavation, construction or storage of materials shall occur within that zone. No underground services including utilities, sub- drains, water or sewer shall be placed in the TPZ. Spoil from trench, footing, utility, or other excavation shall not be placed within the TPZ, either temporarily or permanently. Tree No. TPZ #21 and 25-31 5’W. DL in all other directions #81-84 5’ N. DL in all other directions #22 and 23 10’ W. DL in all other directions Note: DL = Dripline d. The Tree Preservation Guidelines, prepared by the Consulting Arborist, shall be included on all plans. e. Underground services including utilities, sub-drains, water or sewer shall be routed around the Tree Protection Zone. Where encroachment cannot be avoided, special construction techniques such as hand digging or tunneling under roots shall be employed to minimize root injury. f. Locate all temporary access roads to remain outside TPZs. g. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use. h. Irrigation systems must be designed so that no trenching shall occur within the TPZs. (MND BIO-1) 37. The Project shall implement the following pre-construction treatments and recommendations: a. The construction superintendent shall meet with the Consulting Arborist 10.A.b Packet Pg. 222 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Resolution 2018-__ before beginning work to discuss work procedures and tree protection. b. Fence all trees to be retained to completely enclose the TPZ prior to demolition, grubbing or grading. Fences shall be 6’ high chain link, mounted to steel posts firmly driven into the ground or on stanchions fastened securely with rebar staples 12” deep, as required by the City. Fences are to remain until all grading and construction is completed. c. Trees recommended for preservation may require clearance pruning for construction. All pruning shall be completed by a Certified Arborist or Tree Worker and adhere to the latest edition of the ANSI Z133 and A300 standards as well as the Best Management Practices—Tree Pruning, published by the International Society of Arboriculture. d. Structures and underground features to be removed within the TPZ shall use the smallest equipment, and operate from outside the TPZ. The arborist consultant shall be onsite during all operations within the TPZ to monitor demolition activity. e. A 4-6” wood chip mulch shall be applied and maintained within the TPZ. (MND BIO-2) 38. The Project shall implement the following recommendations for tree protection during construction: a. Prior to beginning work, all contractors working in the vicinity of trees to be preserved are required to meet with the Consulting Arborist at the site to review all work procedures, access routes, storage areas and tree protection measures. b. No grading, construction, demolition or other work shall occur within the TPZs. Any modifications must be approved and monitored by the Consulting Arborist. c. Any excavation within the dripline or other work that is expected to encounter tree roots shall be approved and monitored by the Consulting Arborist. Roots shall be cut by manually digging and trench and cutting exposed roots with a sharp saw. The Consulting Arborist shall identify where root pruning is required. d. If injury should occur to any tree during construction, it shall be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied. e. Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with a saw. f. Fences shall be erected to protect trees to be preserved; these fences define a specific TPZ for each tree or group of trees. Fences shall remain until all site work has been completed. Fences shall not be relocated or removed without permission of the Consulting Arborist. g. Construction trailers, traffic and storage areas shall remain outside fenced areas at all times. h. Prior to grading, pad preparation, excavation for foundations/footings/walls, trenching, trees may require root pruning outside the TPZ by cutting all roots cleanly to the depth of the 10.A.b Packet Pg. 223 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Resolution 2018-__ excavation. Roots shall be cut by manually digging a trench and cutting exposed roots with a saw, with a vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root pruning equipment. The Consulting Arborist shall identify where root pruning is required. i. No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored within the TPZs. j. Any additional tree pruning needed for clearance during construction shall be performed by a Certified Arborist and not by PG&E or construction personnel. (MND BIO-3) 39. For the life of the development, the Project shall implement the following measure for tree maintenance: a. Tree health and structural stability shall be monitored, since preserved trees may experience a physical environment different from that of pre- development. Occasional pruning, fertilization, mulch, pest management, replanting and irrigation may be required.(MND BIO-4) 40. Significant Trees - Replacement and Planting Measures. Prior to Grading Permit issuance, the Applicant shall contract with a certified arborist to determine the value of the significant trees to be removed. The value of the significant trees to be removed shall be used to enhance tree planting on the site, to the approval of the Community Development Director or designee. (MND BIO-5) 41. Prior to excavation, any soil that is excavated and/or hauled away for disposal shall be characterized by a qualified environmental professional for the possible presence of agricultural chemicals, according to state and federal regulations, in order to profile the soil for disposal. (MND HAZ-1) 42. Prior to issuance of a Demolition Permit for any structures within the Project area (or prior to issuance of a Grading Permit for vacant properties), the property and any onsite structure(s) shall be evaluated for occurrence of asbestos-containing materials, lead-based paints, and/or other hazardous materials. The City of Gilroy Hazardous Materials Program would perform oversight of cleanup and investigation of hazardous materials and hazardous waste contamination. (MND HAZ-2) 43. Prior to the issuance of the Grading Permit, the Applicant shall prepare a detailed Hydrology Study, approved by the City Engineer, demonstrating that all runoff would be treated and contained onsite. The Study shall demonstrate that all storm drain facilities are designed for the 25- year storm event protection. (MND HYD-1) 44. Prior to Grading Permit issuance, the Applicant shall demonstrate, to the satisfaction of the City of Gilroy Community Development Director or designee that the Project complies with the following: 10.A.b Packet Pg. 224 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Resolution 2018-__ a. Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. b. Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible. c. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. d. Construction activities shall not take place outside of the allowable hours specified by Gilroy City Code Section 16.38, Hours of Construction (between 7:00 AM and 7:00 PM on weekdays, and between 9:00 AM and 7:00 PM on Saturdays). Construction activities are not permitted on Sundays or City holidays. (MND N-1) 45. After the plot plans and architectural drawings have been developed, and prior to the issuance of Building Permits, the City of Gilroy Building Official shall confirm that the applicable project plans and specifications include sound‐rated windows for Project residential areas immediately adjacent to First Street (SR-152) and Santa Teresa Boulevard (i.e., along the roadway or with a direct line of sight). All exterior windows for residences adjacent to First Street (SR-152) and Santa Teresa Boulevard shall be constructed with upgraded windows to provide an airborne sound insulation system achieving a minimum Sound Transmission Class (STC) of 33. The final site design shall also implement centralized heating/ ventilation/air-conditioning (HVAC) units on all these dwelling units to ensure noise levels would be below 45 dBA CNEL with windows and doors closed. The Applicant, as an alternative, may retain a qualified acoustical consultant whom shall submit a report for an alternative means of sound insulation satisfactory to the City of Gilroy which achieves a maximum interior noise level of 45 dBA CNEL. (MND N-2) Project Conditions 46. Applicant shall revise the Architectural and Site Review plans to address the following items. The revised plans and other items identified below shall be submitted to the satisfaction of the Community Development Director or designee prior to issuance of grading or building permits for the project, unless otherwise noted. Site Plan a. Front yard fencing shall be provided for all units facing First St. and Santa Teresa Blvd. b. The stairs of the units facing Santa Teresa Blvd. and First St. towards those streets, where possible. c. Details of the entry features including project identification signs shall be provided and approved by the Police Department and Planning Division. 10.A.b Packet Pg. 225 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Resolution 2018-__ d. Design of mailbox enclosures e. Design of project lighting including building mounted fixtures, street and pedestrian lights f. Design of a masonry wall to be constructed along the eastern property line. g. Revision of the driveway behind unit 119 to allow for adequate room for vehicles to back out of that garage. h. Provision of speed bumps near the 90-degree turns in the private driveways throughout the project, to the satisfaction of the Planning Manager and City Engineer. i. Concrete curbing surrounding the landscape areas between garage doors. Architecture j. Detailed plans for the screening of the AC units for the at-grade entry units. k. Revised floor plans that substantiate that water heaters and furnaces will not encroach into areas needed for vehicle parking or garbage or recycling toters. l. Revised plans reconciling window placement in garages. m. Plans for garage-mounted mirrors at locations where two garages meet at 90- degree angles. Landscape Plans n. The landscape plan needs to specifically identify planting proposed throughout the project. Pursuant to the Multi-Family Residential Design Policy, at least 33% of shrubbery should be 5-gallon size and 33% of trees should be 24-inch box. The value of the trees to be removed should be used to increase the percentage of plant material at the larger size. o. Provide alternate street tree on public streets p. Detailed sections of bike trail / sidewalk on Santa Teresa need to be incorporated into the plans. Concrete split rail fencing adjacent to bike trail to be 3 feet in height. q. Reconciliation of the discrepancies between the site plan and landscape plan in the recreation area. r. Detailed plans for recreation area need to be incorporated into the plans. Plans must comply with Multi-Family Residential Design Policy s. In locations where biotreatment basins are located adjacent to on-street parking spaces, a one-foot “step out” between the curb and basin shall be provided. t. Addition of landscaping at the south side of guest parking space 46. u. Modification of the landscaped corner of First St. and Santa Teresa Blvd. to include relocation of the existing utility box and revision of the landscape plan to provide focus on the public art to be installed at that location. 10.A.b Packet Pg. 226 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Resolution 2018-__ 47. Prior to demolition of any existing building on the property, pursuant to Section 30.27.53 of the City Code, the applicant shall submit an application with information regarding the age and condition of all structures, and shall present the request to the Historic Heritage Committee for review. The Committee shall be given no less than 30 days to investigate, document and photograph the buildings and attempt to arrange for the preservation of the buildings. 48. Pursuant to 30.50.60 (b)(2)(l) of the City Code, prior to issuance of any grading permit for the project, the applicant will enter into a performance agreement with the City ensuring timely development of the project. 49. The applicant shall provide public art at the intersection of First St. and Santa Teresa Blvd. or other mutually acceptable location. Conceptual plans for the art shall be submitted to the City for review prior to issuance of building permits for the project. The art must be approved by the City and installed prior to issuance of a building permit for the 100th unit in the project. POLICE DEPARTMENT SPECIAL CONDITIONS 50. No parking outside of designated parking spaces shall be allowed on the private streets, including in front of garage doors. A plan for such designation shall be submitted to and approved by the Police Department prior to issuance of building permits. 51. A detailed lighting plan with a photometric study for the entire property, including roadways, paths, alleys, etc. shall be submitted to and approved by the Police Department prior to issuance of building permits. Minimum lighting level at the common recreation area shall be 2.0 foot candles. FIRE DIVISION 52. Single Family Homes with a fenced yard shall have a gate that opens to a public way (or to an open yard that leads to a public way). 53. All residential structures shall be provided with residential fire sprinklers including detached garages. City standards include a. A 1 inch meter and 1.5 inch laterals shall be provided to each SFR. b. System to comply with NFPA 13D (2013) subject to inspection by the City. c. Riser shall be installed in the garage unless alternate approved by the Fire Marshal d. If the water supply to the home is not at the garage, water supply from point of entry to the riser shall be approved fire sprinkler lin e. e. All enclosed garages shall be provided with sprinkler protection. f. At least 1 sprinkler of each type shall be present in the spare head box at final. 10.A.b Packet Pg. 227 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Resolution 2018-__ g. An exterior bell/horn shall be installed on the bedroom side of the home. A horn device shall be provided for the interior living space. h. Each attic access shall be protected by a pilot head. The pilot head piping (CPVC) shall be provided with adequate insulation or be done with a copper riser. i. Sprinkler coverage shall be provided underneath stairwells including raised entry porches when used as storage, closets or bathrooms (even if less than 55 sq ft). Concealed spaces used for storage in attics or crawl spaces that exceed 55 sq ft in area and 6 ft in height, shall be provided with sprinkler coverage. 54. Club House to be Fire sprinklered as a standard NFPA 13 system. 55. An address shall be provided at building permit submittal. Building / House numbers shall be clearly visible from the street.  For Single family homes and attached Town-homes addressing shall be from the street that the front door faces and shall be visible from that street. If the house is recessed, obstructed or at an angle such that the front door is not visible from the street, an additional address sign shall be provided that is visible from the street. All main address numbers shall be illuminated a minimum of 2.5 inches in height with a 3/8 inch stroke and placed to read from left to right and/or top to bottom, and located at least 60 inches high from the ground.  When there are several multi-family units or paseo or private driveway accessed homes within a development, a street number sign shall be installed at paseo entrance showing location and addresses of all buildings accessed down the paseo. If homes have doors on the garage side illuminated addresses numbers shall also be provided. 56. Landscaping in the open space areas shall be maintained so as not to become a fire hazard. All dead and dry vegetation to be removed by May 15th each year and to be maintained until November. 57. Egress Windows shall be provided on all sleeping rooms. A room that does not have a clearly defined use as a kitchen, closet, dining room, living/family room or study shall be considered a bedroom. Studies/libraries with closets shall be treated as bedrooms. Storage rooms that are provided with windows, and electrical outlets and are greater than 50 square feet may also be considered bedrooms if attached to a dwelling unit. ENGINEERING DIVISION 58. Any work in County right of way, including but not limited to, conditions #39, #40 and #41 of TM 13-11 Conditions of Approval, will require a County encroachment permit. 10.A.b Packet Pg. 228 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Resolution 2018-__ 59. Condition #42 of TM 13-11 Conditions of Approval requires Caltrans coordination and concurrence. This will include an encroachment permit for pr oposed work at the intersection of First Street and Kelton, as well as any work performed in Caltrans right of way. (End) 10.A.b Packet Pg. 229 Attachment: TM 13-11 time extension CC reso (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 Exhibit A City Council Resolution 2018-xx TM 13-11 Conditions of Approval Note: The following abbreviations identify the City department or division responsible for determining compliance with these standard conditions. The first group listed has responsibility for compliance at plan check, the second confirms compliance with the condition at final inspection, prior to final occupancy or issuance of a certificate of occupancy, or as specified in the condition. If only one group is identified, they have responsibilities from initial review through compliance verification. Internal information shown in italics at the end of each condition provides internal reference for the condition: Some are standard permit conditions (e.g. G-1) while some are taken from environmental documents (e.g. MND-S2). RESPONSIBLE DEPARTMENTS/DIVISIONS BL Building Division/Inspectors PK Parks/Landscape Design CA City Attorney PL Planning Division CE Code Enforcement PW Public Works/Engineering FD Fire Department TR Traffic Division PD Police Department WW Wastewater/Source Control GENERAL PROJECT CONDITIONS 1. This permit is granted for the property described in the application on file with the Planning Division, and may not be transferred from one property to another, unless a request is requested and granted by the Planning Manager, pursuant to the City Code. (PL, G-1) 2. This permit is granted for approved plans (“the plans”) on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions. Any subsequent modification or deviation to the approved plans shall be considered by the Planning Manager, may require separate discretionary approval and shall conform to City Code requirements or policies adopted by City Council. (PL, G-2) 3. Developer means permit applicant, property owner, and/or tenants using the space(s) for the intended use(s). Compliance with project conditions is expected for the life of the project. (CA, G-3) 4. An approved tentative map shall expire twenty-four (24) months from the approval date. (PL, G-6) 5. Should Developer intend to request an extension to the permit expiration date, Developer must submit to the Planning Division a written application with applicable fees prior to the expiration date. Only timely requests may be considered pursuant to the City Code. (PL, G-7) 10.A.c Packet Pg. 230 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 6. Failure to appeal this decision in a timely manner or commencement of any activity related to the project is understood to clarify the Developer’s acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein. (CA, G -8) 7. Developer shall complete all required off-site and on-site improvements related to the project, including structures, paving, and landscaping, prior to occupancy unless otherwise allowed by the Community Development Director. (BL, G-9) 8. Developer agrees, as a condition of adoption of this resolution, at Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against City or it's officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. (CA, G-10) 9. Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail. (CA, G-11) 10. Developer shall complete the “Notice of Land Use Restrictions and Conditions” form, using the form provided by the City, for recording with the Santa Clara County Recorder. Before the City issues building permits, Developer shall submit the original completed, signed and notarized document, together with the required fees to the Planning Manager. (PL, G-12) 11. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to permit revocation pursuant to the City Code. (CA, G-13) 12. Prior to issuance of building permits, Developer shall correct all violations of the City Code existing on the project property for which the City has open cases. (PL/CE, G-14) 13. Approval of this Vesting Tentative Map application is subject to approval of Zoning/Planned Unit Development application Z 13-08 and Architectural and Site Review Permit AS 13-35. Should either of those applications not be approved or be rescinded, this approval shall become null and void. 10.A.c Packet Pg. 231 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 14. Building and grading permits for the project shall not be issued prior to recordation of the final map. PLANNING DIVISION STANDARD CONDITIONS 15. Developer acknowledges that because of water limitations placed on the city by its water providers, approval of this permit does not guarantee that the city will issue building permits. Issuance of building permits may be delayed and subject to implementation and/or compliance with mandated water conservation or allocation plans. (PL/PW, PL-1) 16. Developer shall submit plans for building permit applications that include, on all sets, a reproduction of all conditions of approval of this permit, as adopted by the decision-maker. (PL, PL-3) 17. Developer may not modify any use approved by this permit unless the Community Development Director or designee determines that Developer has provided the parking required by the City Code for the modified use. (PL, PL-6) 18. All project on-site lighting shall be of a type and in a location that does not constitute a hazard to vehicular traffic, either on private property or on public property, including streets. Such lighting shall not conflict with drainage plans, landscape plans, tree locations, parking spaces, or any other such land use concerns. (PL, PL-7) PLANNING DIVISION SPECIAL CONDITIONS 20. Prior to approval of the final map, the subdivision shall be modified to address the following items to the approval of the Planning Division: a. Elimination of the 10-foot PSE in the southeast portion of the site b. Retention and realignment of the emergency vehicle access from the adjacent property to the south to First St. c. An easement to provide access from the subject property and the adjacent property to the south to the shopping center to the east, subject to Shopping Center approval. In the event Shopping Center does not agree to said easement, this condition shall not be enforced. d. Decorative pavement at project entrances and walkways and crosswalks, to the approval of the Public Works and Community Development Directors. e. Elimination of two speed tables and revision to the location of guest parking as shown on Site Plan Alternate, dated 9/11/15. f. Modification of the private street behind unit 119 to provide adequate room for backing out of that garage. g. Minor modification of the project layout near the intersection of Santa Teresa Blvd. and First St., not resulting in loss of units, in order to maintain adequate front yard setbacks from the 10.A.c Packet Pg. 232 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 roundabout proposed for this intersection. 21. No on-site fill material may be retained by the existing pre-cast concrete property boundary walls. 22. Prior to approval of the final map, a phasing plan for construction of the project shall be submitted to and approved by the Community Development and Public Works Directors. The phasing plan shall include the timing of installation of common area improvements, including private streets, landscaping, recreational facilities and blocks of townhouse units. 23. Prior to approval of the final map, a copy of the CC&Rs and By-Laws for the homeowners association shall be submitted to and approved by the Planning Division. The Homeowners Association shall be responsible for enforcing all requirements of the CC&Rs and By-Laws, with special attention to the following. These documents shall include at a minimum the following provisions that may only be modified or deleted upon City approval: a. At all times, unit garages shall maintain a minimum 20’ x 20’ clear space be used for parking of vehicles only. Resident vehicles shall be parked in the unit garages and not in guest parking spaces or on public streets. b. For the life of the development, the Homeowner Association shall contract for the placement of garbage and recycling toters on the resident driveway aprons of each unit within two hours after rubbish pick-up and within two hours after recycling pick-up. c. For the life of the development, no parking shall be allowed on the private streets within the subdivision except as shown and conditioned on the approved plans. 24. Prior to issuance of a grading permit, the applicant shall obtain a Santa Clara Valley Habitat Plan permit from the City of Gilroy. The permit will require implementation of all applicable project conditions and payment of appropriate land cover fees. The applicant shall be responsible for the implementation of this mitigation measure, subject to monitoring by the City of Gilroy. 25. Due to the possibility that significant buried cultural resources might be found during construction, the applicant shall include the following language on any grading, site work, and construction plans issued for the project site, subject to the review and approval of the Gilroy Planning Division (pursuant to Gilroy General Plan Policy 5.07): 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. 10.A.c Packet Pg. 233 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 26. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the applicant shall include the following language is included in all grading, site work, and construction plans in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division: 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. 27. Compliance with all conditions of approval of Zoning/Planned Unit Development 13-08 and Architectural and Site Review Permit AS 13-35 shall also be a condition of this approval. Environmental Mitigation Measures 28. The following Best Management Practices (BMPs) (as set forth in Table 8-1, BAAQMD Basic Construction Mitigation Measures, outlined in the BAAQMD CEQA Air Quality Guidelines), shall be included in the Project’s construction- contract specifications. The control measures shall be included on all grading, site work, and construction plans and implemented during the duration of all proposed construction activities: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 10.A.c Packet Pg. 234 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. Post a publicly visible sign with the telephone number and person to contact at the City regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. (MND AQ-1) 29. Prior to issuance of building permits, the Project shall implement the following design recommendations: a. Establish and plot onto all plans the vertical and horizontal locations of all trees identified for preservation, and forward the plans to the Consulting Arborist for review and comment. b. Any changes to the plans affecting the trees shall be reviewed by the Consulting Arborist with regard to tree impacts. These include, but are not limited to, demolition plans, improvement plans, utility and drainage plans, grading plans, and landscape and irrigation plans. c. A Tree Protection Zone (TPZ) shall be established around each tree to be preserved. TPZs for trees identified for preservation are identified in the following table. No trenching, excavation, construction or storage of materials shall occur within that zone. No underground services including utilities, sub-drains, water or sewer shall be placed in the TPZ. Spoil from trench, footing, utility, or other excavation shall not be placed within the TPZ, either temporarily or permanently. 29. Tree No. 30. TPZ 31.#21 and 25- 31 32. 5’W. DL in all other directions 33.#81-84 34. 5’ N. DL in all other directions 35.#22 and 23 36. 10’ W. DL in all other directions 37. Note: DL = Dripline d. The Tree Preservation Guidelines, prepared by the Consulting 10.A.c Packet Pg. 235 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 Arborist, shall be included on all plans. e. Underground services including utilities, sub-drains, water or sewer shall be routed around the Tree Protection Zone. Where encroachment cannot be avoided, special construction techniques such as hand digging or tunneling under roots shall be employed to minimize root injury. f. Locate all temporary access roads to remain outside TPZs. g. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use. h. Irrigation systems must be designed so that no trenching shall occur within the TPZs. (MND BIO-1) 30. The Project shall implement the following pre-construction treatments and recommendations: a. The construction superintendent shall meet with the Consulting Arborist before beginning work to discuss work procedures and tree protection. b. Fence all trees to be retained to completely enclose the TPZ prior to demolition, grubbing or grading. Fences shall be 6’ high chain link, mounted to steel posts firmly driven into the ground or on stanchions fastened securely with rebar staples 12” deep, as required by the City. Fences are to remain until all grading and construction is completed. c. Trees recommended for preservation may require clearance pruning for construction. All pruning shall be completed by a Certified Arborist or Tree Worker and adhere to the latest edition of the ANSI Z133 and A300 standards as well as the Best Management Practices—Tree Pruning, published by the International Society of Arboriculture. d. Structures and underground features to be removed within the TPZ shall use the smallest equipment, and operate from outside the TPZ. The consultant shall be onsite during all operations within the TPZ to monitor demolition activity. e. A 4-6” wood chip mulch shall be applied and maintained within the TPZ. (MND BIO-2) 31. The Project shall implement the following recommendations for tree protection during construction: a. Prior to beginning work, all contractors working in the vicinity of trees to be preserved are required to meet with the Consulting Arborist at the site to review all work procedures, access routes, storage areas and tree protection measures. b. No grading, construction, demolition or other work shall occur within the TPZs. Any modifications must be approved and monitored by the Consulting Arborist. c. Any excavation within the dripline or other work that is expected to encounter tree roots shall be approved and monitored by the 10.A.c Packet Pg. 236 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 Consulting Arborist. Roots shall be cut by manually digging and trench and cutting exposed roots with a sharp saw. The Consulting Arborist shall identify where root pruning is required. d. If injury should occur to any tree during construction, it shall be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied. e. Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with a saw. f. Fences have been erected to protect trees to be preserved; these fences define a specific TPZ for each tree or group of trees. Fences shall remain until all site work has been completed. Fences shall not be relocated or removed without permission of the Consultant. g. Construction trailers, traffic and storage areas shall remain outside fenced areas at all times. h. Prior to grading, pad preparation, excavation for foundations/footings/walls, trenching, trees may require root pruning outside the TPZ by cutting all roots cleanly to the depth of the excavation. Roots shall be cut by manually digging a trench and cutting exposed roots with a saw, with a vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root pruning equipment. The Consulting Arborist shall identify where root pruning is required. i. No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored within the TPZs. j. Any additional tree pruning needed for clearance during construction shall be performed by a Certified Arborist and not by PG&E or construction personnel. (MND BIO-3) 32. For the life of the development, the Project shall implement the following measure for tree maintenance: a. Tree health and structural stability shall be monitored, since preserved trees may experience a physical environment different from that of pre- development. Occasional pruning, fertilization, mulch, pest management, replanting and irrigation may be required. (MND BIO-4) 33. Significant Trees - Replacement and Planting Measures. Prior to Grading Permit issuance, the Applicant shall contract with a certified arborist to determine the value of the significant trees to be removed. The value of the significant trees to be removed shall be used to enhance tree planting on the site, to the approval of the Community Development Director or designee. (MND BIO-5) 34. Prior to excavation, any soil that is excavated and/or hauled away for disposal shall be characterized by a qualified environmental professional for the possible presence of agricultural chemicals, according to state and federal regulations, in order to profile the soil for disposal. (MND HAZ-1) 10.A.c Packet Pg. 237 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 35. Prior to issuance of a Demolition Permit for any structures within the Project area (or prior to issuance of a Grading Permit for vacant properties), the property and any onsite structure(s) shall be evaluated for occurrence of asbestos-containing materials, lead-based paints, and/or other hazardous materials. The City of Gilroy Hazardous Materials Program would perform oversight of cleanup and investigation of hazardous materials and hazardous waste contamination. (MND HAZ-2) 36. Prior to the issuance of the Grading Permit, the Applicant shall prepare a detailed Hydrology Study, approved by the City Engineer, demonstrating that all runoff would be treated and contained onsite. The Study shall demonstrate that all storm drain facilities are designed for the 25- year storm event protection. (MND HYD-1) 37. Prior to Grading Permit issuance, the Applicant shall demonstrate, to the satisfaction of the City of Gilroy Community Development Director or designee that the Project complies with the following: a. Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. b. Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible. c. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. d. Construction activities shall not take place outside of the allowable hours specified by Gilroy City Code Section 16.38, Hours of Construction (between 7:00 AM and 7:00 PM on weekdays, and between 9:00 AM and 7:00 PM on Saturdays). Construction activities are not permitted on Sundays or City holidays. (MND N-1) 38. After the plot plans and architectural drawings have been developed, and prior to the issuance of Building Permits, the City of Gilroy Building Official shall confirm that the applicable project plans and specifications include sound ‐rated windows for Project residential areas immediately adjacent to First Street (SR- 152) and Santa Teresa Boulevard (i.e., along the roadway or with a direct line of sight). All exterior windows for residences adjacent to First Street (SR-152) and Santa Teresa Boulevard shall be constructed with upgraded windows to provide an airborne sound insulation system achieving a minimum Sound Transmission Class (STC) of 33. The final site design shall also implement centralized heating/ ventilation/air-conditioning (HVAC) units on all these dwelling units to ensure noise levels would be below 45 dBA CNEL with windows and doors closed. The Applicant, as an alternative, may retain a qualified acoustical consultant whom shall submit a report for an alternative means of sound insulation satisfactory to the City of Gilroy which achieves a maximum interior 10.A.c Packet Pg. 238 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 noise level of 45 dBA CNEL. (MND N-2) 39. Intersection 1 (Santa Teresa Boulevard / Fitzgerald Avenue) – The significant project impact to this intersection shall be mitigated with the addition of a separate northbound right -turn land on Santa Teresa Blvd. to eastbound Fitzgerald Ave. Adding a separate northbound right -turn lane would improve the intersection level of service conditions to better than background conditions (LOC C and E during the AM and PM peak hours, respectively.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program . Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair -share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair -share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $2,062,181 in 2015 TIF dollars . The developer’s fair-share cost is estimated at $103,109. The Developer shall pay the 5% improvement fair -share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an e scalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair - share cost shall be made by the developer prior to the issuance of the first building permit. 40. Intersection 3 (Santa Teresa Boulevard / Day Road East) – The cumulative project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than cumulative (no project) conditions (LOS D during the AM peak hour.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. This condition was also assigned to another developer (Silveira – Tract 10230). This condition has been fully met by the Tract 10230 developer and is no longer in need of subsequent mitigations by the Imwalle Townhomes project. 10.A.c Packet Pg. 239 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 41. Intersection 4 (Santa Teresa Boulevard / Sunrise Drive) – The significant project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than background conditions (LOS B during the AM peak hour.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair -share contribution. Timing for completion of this improvement is revised as follows: Construction shall commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit, and to the satisfaction of the City Traffic Engineer. 42. Intersection 10 (Kelton Drive-Project Access / First Street) – This intersection is within Caltrans jurisdiction, the Project Applicant shall: 1) Construct the fourth leg of the existing First/Kelton intersection on the south side of the intersection to align with Kelton Street on the north side of First Street to form a four-leg intersection. 2) Coordinate construction of signal improvements at this intersection in conjunction with development of the First and Kelton Commercial Project (AS 17-25). 3) Provide adequate dedication of any Public Service Easement necessary for placement of signal equipment for the signalized intersection improvements. 4) Obtain any necessary permit from Caltrans for work along the project’s First Street frontage. Should the First and Kelton Commercial Project (AS 17 -25) proceed with the intersection signal improvements in advance of any site construction work on this project site, the developer shall provide the necessary site accommodation for the signal equipment to be installed. 43. Intersection 13 (Wren Avenue / Welburn Avenue) – The construction of signal improvements at this intersection are underway. Mitigation of this intersection traffic impacts are no longer necessary for this project. 44. Intersection 17 (Monterey Street / Fitzgerald Avenue-Masten Avenue) – The significant project impact to this intersection shall be mitigated by providing protected left-turns on the east and west approaches of the intersection. Additionally, by changing the east -west signal phase from split to protected, Fitzgerald Ave. would need to be widened to provide an exclusive eastbound left-turn lane. Implementation of the proposed improvements would improve the intersection level of service conditions to better than background 10.A.c Packet Pg. 240 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 conditions (LOS C and D during the AM and PM peak hou rs, respectively.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair -share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $1,776,143 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $88,807. The Developer shall pay the 5% improvement fair -share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair - share cost shall be made by the developer prior to the issuance of the first building permit. 45. Intersection 22 (US-101 SB Ramps / Masten Avenue) – The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS B during both peak hours with signalization. This improvement has been identified in the City’s Traff ic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair -share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection . The estimated cost of the improvement is $765,618 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $19,140. The Develolper shall pay the 5% improvement fair -share contribution in an amount reflective of the current project cost. This value shall be calculated 10.A.c Packet Pg. 241 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair- share cost shall be made by the developer prior to the issuance of the first building permit. 46. Intersection 23 (US 101 Northbound Ramps / Masten Ave.) – The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS C and B during the AM and PM peak hours, respectively, with signalization. This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $788,118 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $19,703. The Developer shall pay the 5% improvement fair -share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair - share cost shall be made by the developer prior to the issuance of the first building permit. PUBLIC WORKS/ENGINEERING DIVISION STANDARD CONDITIONS 47. GENERAL a. Developer shall perform all work in compliance with the City of Gilroy Specifications, Standards Design Criteria, and Development Agreement 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. b. 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. 10.A.c Packet Pg. 242 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 c. The applicant shall obtain all necessary permits from federal, state, and local agencies as required to construct the proposed improvements including, but not limited to, the Santa Clara County Roads & Airports Department, Caltrans and Regional Water Quality Control Board. d. All existing utility poles shall be removed, and all utilities placed underground. No new poles are allowed. 48. GENERAL – Applicant shall obtain will serve and review letter from Recology confirming serviceability and site accessibility of solid waste pickup. Contract Steven Lucchetti, Operations Manager 408-842-3358. 49. FEES a. 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, 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. b. 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. c. Prior to final map/improvement plan approval, Developer shall submit a final construction cost estimate and pay the remaining 60% of the revised plan check and inspection fees based on the final revised construction cost estimate and other related fees that the property is subject to, enter into a property improvement agreement, and provide payment and performance bonds. d. The fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with city policy. e. The sum of all fair-share contributions in lieu of construction of the improvements shall be recalculated to reflect current construction costs as identified in each traffic mitigation improvement condition as indicated. Details as to fair-share amount, schedule for payment of fair- share contribution, or construction, shall be established in a subsequent agreement, to be worked out between City and developer, prior to issuance of the first building permit. f. The project’s estimated Traffic Impact Fee for 202 units is $9,099per unit (high density residential) for a total of $1,837,998.00 based on the currently effective fee schedule dated July 1, 2015. Based on the fee schedule that will be effective on July 1, 2018, the estimated Traffic Impact Fee is $9,372per unit (high density residential) for a total of $1,893,144.00. The Traffic Impact Fee will be due prior to building occupancy. Note that there will be another 3% traffic impact fee increase beginning July 1, 2019. The Traffic Impact fee and other development impact fees due for this project shall be based on the current comprehensive fee schedule in effect at the time of fee payment, 10.A.c Packet Pg. 243 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 consistent with city policy. 50. TRANSPORTATION a. Developer shall submit photometric plans prior to first building permit issuance. b. 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 Santa Teresa and First Street frontage. Quad duct shall be per City STD EL- 11. c. 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. d. Final streetlight locations shall be to the satisfaction of the City Transportation Engineer and shall follow City standards. e. Developer shall design driveway grades to keep the automobile from dragging or “bottoming out” on the street or driveway and to keep water collected in the street from the 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. f. 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 included in the Improvement Plans and shall be approved prior to grading permit issuance. g. Prior to the issuance of 100th building permit, provide for VTA -approved bus stop along the First Street frontage of the project to support the extension of the Line 19 bus route. Contact Rod Ballesteros, Operations Manager at VTA (408) 321-2300 for design requirements. h. At improvement plan phase, Developer shall provide street lighting per current Public Works standard LED type 15 arrangement. i. Prior to the issuance of the first building permit, Developer shall provide an on-site/off-site striping plan for review and approval by the Engineering Division. 51. GRADING/DRAINAGE a. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. 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. Specific measures to control sediment runoff, construction pollution and other 10.A.c Packet Pg. 244 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 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 Improvement Plan/Final Map approval. b. 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. c. Prior to issuance of the first building permit, the applicant’s soils engineer shall review the final grading and drainage plans to ensure that designs for 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. 52. TRANSPORTATION All streets and alleys shall be private and maintained by the HOA. 53. TRANSPORTATION - At first plan submittal developer shall model all Solid Waste Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swepth analysis software, all turning and street circulation movements. 54. TRANSPORTATION At first plan submittal developer shall model all Emergency Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swepth analysis software, all turning and street circulation movements. 55. 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 10.A.c Packet Pg. 245 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 established permanent voluntary water saving measures and temporary conservation standards. a. All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. b. Recycled water shall be used for construction water, where available, as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District’s municipal industrial rate. c. Where recycled water is not available, as determined by the Public Works Director, potable water shall be used. All City potable water will be billed based on the City’s comprehensive fee schedule under the Portable Fire hydrant meter rate. 56. 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. 57. UTILITIES a. Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. b. 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. c. The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director. d. Storm and sewer lines in private areas shall be privately maintained unless approved by the Public Works Director. e. 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: i. 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). ii. 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. iii. “Will Serve Letter” from each utility company for the subdivision 10.A.c Packet Pg. 246 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 shall be supplied to the City. f. Joint trench composite plans shall be approved prior to final map/improvement plan approval or as otherwise determined by the Public Works Director/City Engineer. g. 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. h. 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-signed and PG&E-approved 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. 58. NOTICING: At least one week prior to commencement of work, the Developer shall post at the site and mail to owners of property within (300') three 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. 59. START OF CONTRUCTION: 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. 60. WORKING HOURS: 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 will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 61. WORK INSPECTION: All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 62. HAUL PERMIT: 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 10.A.c Packet Pg. 247 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 and Drainage Plan. 63. DUST CONTROL: 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. 64. CONSTRUCTION STREET 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). 65. STREET MAINTENANCE: 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. 66. RESTORATION OF 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. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 10.A.c Packet Pg. 248 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 67. FINAL MAP: The tentative map and all final maps shall designate all common lots and easements as lettered lots or lettered easements. The Final map should be clear on the limits of Public vs. Private (HOA) responsibilities. The Final map should also be clear of the HOA vs. Homeowners responsibilities. 68. FINAL MAP: Prior to final map approval, the developer shall establish a homeowner association. The homeowner association shall be responsible for the maintenance of the landscaping, walls, private streetlights, private utilities, private streets, and common areas, and shall have assessment power. HOA shall be responsible maintenance of the Storm Water Control treatment areas and the CC&R’s shall describe how the stormwater BMPs associated with privately owned improvements and landscaping shall be maintained by the association. This information shall be clearly included in the Conditions, 69. MONUMENTS a. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. b. Location of monuments shall be tied out prior to work. Any City monument damaged, displaced or destroyed shall be replaced at the developer's sole expense. c. 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. 70. GRADE CERTIFICATION: 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. 71. ACCEPTANCE OF IMPROVEMENTS: 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. PUBLIC WORKS/ENGINEERING DIVISION SPECIAL CONDITIONS 10.A.c Packet Pg. 249 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 72. UTILITY PLAN: Prior to issuance of construction permits, applicant shall revise the Utility Plan to comply with the following: a. Provide missing invert elevations for the sanitary sewer system. b. Revise invert information on private streets to show the correct direction of flow. 73. UTILITY PLAN: All utilities shall be private (Storm, Water, Sewer) 74. STORMWATER: This project shall comply with post-construction stormwater quality requirements per Chapter 27D of the Gilroy Municipal Code. a. At grading permit phase, submit design level Stormwater Management Plan for review and approval that includes the following: i. Areas to be converted to pervious surface: The type of pervious surface(s) and proposed areas for conversion shall be to the satisfaction of the Community Development Director and Public Works Director or their designees. ii. Stormwater Treatment Summary Table that meets the required percentage of equivalent impervious surface area. iii. stormwater calculations iv. Overland release arrows v. A report including the above items and summarizing existing conditions, design summary, oportunities/constraints regarding the stormwater management design, and detailed explanation of all aspects of the stormwater management design. b. At grading permit phase, applicant shall submit the final signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. c. Stormwater BMP Operation and Maintenance Agreement i. Prior to the issuance of the first building permit, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management treatment BMPs. The City- standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. 10.A.c Packet Pg. 250 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 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), an owners' or homeowners' association or other legal entity approved by the City. v. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans. vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan. 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: iii. Site address; iv. Date and time of inspection; v. Name of the person conducting the inspection; vi. List of stormwater facilities inspected; vii. Condition of each stormwater facility inspected; viii. Description of any needed maintenance or repairs; and ix. As applicable, the need for site re-inspection. 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. 75. STORMWATER: All stormwater management design facilities shall not conflict with surrounding structures, footings, utilities, etc. All BMP and LID design shall consider the proximity to existing and proposed structures. 76. STORMWATER: The Civil design engineer shall ensure that the landscape 10.A.c Packet Pg. 251 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 design does not conflict or obstruct the design, use, and maintenance of stormwater management facilities. All landscape planting shall not interfere with the stormwater management des ign and facilities. FIRE DEPARTMENT STANDARD CONDITIONS 77. TM Conditions shall be 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 be scheduled. No building permits will be issued without a Fire –Off-Site Improvement Inspection and Fire Flow Test administered by the Fire Marshal. 78. Secondary access shall be provided when 30 or more units served. Secondary Access does not need to serve as public access, however the roadway shall meet the City standards as a street. Any alternative designs are subject to review and approval by the Fire Chief. 79. Gated Access Roadways shall be provided with electronic and provided with a click to open electronic opening system compatible with the Fire Department equipment as well as KNOX key over ride for both Fire and Police access. 80. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure. Street Hydrants shall be spaced every 300 ft., and within 150 ft. of any building. Off-site improvement plan shall provide Fire Hydrants per the City Standard for type, location, red curb and blue reflective marker placement. Hydrants shall be installed prior to commencement of construction with combustible materials. Note: if hydrant placement causes a parking space to be obstructed the parking space shall be replaced at another location in the development. 81. All homes shall be provided with water laterals and meters sized to allow for a residential NFPA 13d fire sprinkler system. At a minimum the off-site improvement plan shall provide 1.5 inch water laterals and 1” meters sized to allow for a residential NFPA 13d fire sprinkler system. A fire flow test shall be obtained from the Fire Marshal for the purpose of Fire Sprinkler design. 82. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than 13.5 ft. shall be provided. Turning radius shall not be less than 32’ inside and 39’. Dead end streets greater than 150’ in shall be provided with a cul-de-sac of 78’diameter unless they qualify for an exemption. 83. Road widths shall be as follows: 10.A.c Packet Pg. 252 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 a. Less than 28 ft., no parking on either side b. Less than 36 ft.,. no parking on one side. c. At or over 36 ft., parking not restricted. d. 78’ diameter cul de sac- no parking e. 98’ diameter cul de sac- parking not restricted 84. Where parking is restricted, curbs shall be painted red at installation with the stencil FIRE LANE every 25 feet, or every 75 feet No Parking - Fire Lane signs shall be installed per MUTCD standard at street completion. Repainting may be necessary at final project completion and prior to tract acceptance. Include curbing and/or signage details in the Off-Site improvement plans. Private roadway striping and/or signage shall be enforced and maintained by the HOA. A parking enforcement plan will be required. 85. Street naming shall be done prior to off-site improvement plan and building plan submittal. Street A shall be named as two streets as the City Street naming policy does not provide for a street name to continue in a perpendicular route. Addresses shall be assigned by the City Engineering Section prior to improvement plan and building permit submittal. Street signage shall be installed prior to any on-site improvements (foundations or buildings) has begun. 86. Open Spaces, including storm water detention/retention basins, agricultural lots, landscaped and naturally vegetated areas shall have vegetation management to remove dead plants and debris, and to remove, disc or mow weeds during weed abatement season from April to November of each year. In HOA managed areas the HOA shall be responsible. For privately owned property it shall be performed by the property owner. FIRE DEPARTMENT SPECIAL CONDITIONS 87. Turning radii for Fire Apparatus on private streets in the project shall be to the approval of the Fire Marshal prior to approval of the final map. 88. The EVA shall meet City Standard Roadway criteria for compaction, drainage and weight bearing for a Fire apparatus. If a design is not accepted the EVA shall be constructed as a roadway. 89. Prior to scheduling the proposed development for City Council consideration, the applicant shall re-design the site plan to properly accommodate the turning movement of all emergency response vehicles to the satisfaction of the Fire Chief and Community Development Director. The necessary re-design shall not result in any loss of existing landscaping or parking, as conditioned, nor shall the re-design result in any significant alterations to the on-site stormwater retention requirements. 10.A.c Packet Pg. 253 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 4815-5887-4159v1 JH\04706089 10.A.c Packet Pg. 254 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) Exhbit B Zoning Amendment Z 13-08, Vesting Tentative Map TM 13-11 and Architectural and Site Review AS 13-35 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Air Quality AQ-1 The following Best Management Practices (BMPs) (as set forth in Table 8-1, BAAQMD Basic Construction Mitigation Measures, outlined in the BAAQMD CEQA Air Quality Guidelines), shall be included in the Project’s construction-contract specifications. The control measures shall be implemented during the duration of all proposed construction activities:  All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.  All haul trucks transporting soil, sand, or other loose material off-site shall be covered.  All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.  All vehicle speeds on unpaved roads shall be limited to 15 mph.  All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.  Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Building & Safety Division 10.A.c Packet Pg. 255 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks  Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.  All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.  Post a publicly visible sign with the telephone number and person to contact at the Town regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. Biological Resources BIO-1 The Project shall implement the following design recommendation: a. Establish and plot onto all plans the vertical and horizontal locations of all trees identified for preservation, and forward the plans to the Consulting Arborist for review and comment. b. Any changes to the plans affecting the trees shall be reviewed by the Consulting Arborist with regard to tree impacts. These include, but are not limited to, demolition plans, improvement plans, utility and drainage plans, grading plans, and landscape and irrigation plans. c. A Tree Protection Zone (TPZ) shall be established around each tree to be preserved. TPZs for trees identified for preservation are identified in the following table. No trenching, excavation, construction or storage of materials shall occur within that zone. No underground services including utilities, sub-drains, water or Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Planning Division 10.A.c Packet Pg. 256 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks sewer shall be placed in the TPZ. Spoil from trench, footing, utility, or other excavation shall not be placed within the TPZ, either temporarily or permanently. d. The Tree Preservation Guidelines, prepared by the Consulting Arborist, shall be included on all plans. e. Underground services including utilities, sub-drains, water or sewer shall be routed around the Tree Protection Zone. Where encroachment cannot be avoided, special construction techniques such as hand digging or tunneling under roots shall be employed to minimize root injury. f. Locate all temporary access roads to remain outside TPZs. g. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use. h. Irrigation systems must be designed so that no trenching shall occur within the TPZs. Tree No. TPZ #21 and 25-31 5’W. DL in all other directions #81-84 5’ N. DL in all other directions #22 and 23 10’ W. DL in all other directions Note: DL = Dripline BIO-2 The Project shall implement the following preconstruction treatments and recommendations: a. The construction superintendent shall meet with the Consulting Arborist before beginning work to discuss work procedures and tree protection. b. Fence all trees to be retained to completely enclose the TPZ prior to demolition, grubbing or Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Planning Division 10.A.c Packet Pg. 257 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks grading. Fences shall be 6’ high chain link, mounted to steel posts firmly driven into the ground or on stanchions fastened securely with rebar staples 12” deep, as required by the City. Fences are to remain until all grading and construction is completed. c. Trees recommended for preservation may require clearance pruning for construction. All pruning shall be completed by a Certified Arborist or Tree Worker and adhere to the latest edition of the ANSI Z133 and A300 standards as well as the Best Management Practices—Tree Pruning, published by the International Society of Arboriculture. d. Structures and underground features to be removed within the TPZ shall use the smallest equipment, and operate from outside the TPZ. The consultant shall be onsite during all operations within the TPZ to monitor demolition activity. e. A 4-6” wood chip mulch shall be applied and maintained within the TPZ. BIO-3 The Project shall implement the following recommendations for tree protection during construction: a. Prior to beginning work, all contractors working in the vicinity of trees to be preserved are required to meet with the Consulting Arborist at the site to review all work procedures, access routes, storage areas and tree protection measures. b. No grading, construction, demolition or other work shall occur within the TPZs. Any modifications must be approved and monitored by the Consulting Arborist. c. Any excavation within the dripline or other work that is expected to encounter tree roots shall be approved and monitored by the Consulting Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Planning Division Building & Safety Division 10.A.c Packet Pg. 258 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Arborist. Roots shall be cut by manually digging and trench and cutting exposed roots with a sharp saw. The Consulting Arborist shall identify where root pruning is required. d. If injury should occur to any tree during construction, it shall be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied. e. Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with a saw. f. Fences have been erected to protect trees to be preserved; these fences define a specific TPZ for each tree or group of trees. Fences shall remain until all site work has been completed. Fences shall not be relocated or removed without permission of the Consultant. g. Construction trailers, traffic and storage areas shall remain outside fenced areas at all times. h. Prior to grading, pad preparation, excavation for foundations/footings/walls, trenching, trees may require root pruning outside the TPZ by cutting all roots cleanly to the depth of the excavation. Roots shall be cut by manually digging a trench and cutting exposed roots with a saw, with a vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root pruning equipment. The Consulting Arborist shall identify where root pruning is required. i. No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored within the TPZs. j. Any additional tree pruning needed for clearance during construction shall be performed by a Certified Arborist and not by PG&E or construction 10.A.c Packet Pg. 259 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks personnel. BIO-4 The Project shall implement the following measure for tree maintenance: a. a. Tree health and structural stability shall be monitored, since preserved trees may experience a physical environment different from that of predevelopment. Occasional pruning, fertilization, mulch, pest management, replanting and irrigation may be required. Prior to Issuance of Demolition Permit or Grading Permit Inclusion in Conditions of Approval Planning Division BIO-5 Significant Trees - Replacement and Planting Measures. Prior to Grading Permit issuance, the Applicant shall contract with a certified arborist to determine the value of the significant trees to be removed. The value of the significant trees to be removed shall be used to enhance tree planting on the site, to the approval of the Planning Manager. Prior to Issuance of Demolition Permit or Grading Permit Inclusion in Conditions of Approval Planning Division Building & Safety Division Hazards and Hazardous Materials HAZ-1 Prior to excavation, any soil, including soil that is excavated and/or hauled away for disposal shall be characterized by a qualified environmental professional for the possible presence of agricultural chemicals, according to state and federal regulations, in order to profile the soil for use and disposal. Prior to Issuance of Demolition Permit or Grading Permit Oversight of Investigation and Cleanup Building & Safety Division Hazardous Materials Program HAZ-2 Prior to issuance of a Demolition Permit for any structures within the Project area (or prior to issuance of a Grading Permit for vacant properties), the property and any onsite structure(s) shall be evaluated for occurrence of asbestos-containing materials, lead- based paints, and/or other hazardous materials. The City of Gilroy Hazardous Materials Program would perform oversight of cleanup and investigation of hazardous materials and hazardous waste contamination. Cleanup activities shall include necessary techniques as determined by the City to verify conformance with regulatory cleanup levels for residential use. Prior to Issuance of Demolition Permit or Grading Permit Oversight of Investigation and Cleanup Building & Safety Division Hazardous Materials Program 10.A.c Packet Pg. 260 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Hydrology and Water Quality HYD-1 Prior to the issuance of the Grading Permit, the Applicant shall prepare a detailed Hydrology Study, approved by the City Engineer, demonstrating that all runoff would be treated and contained onsite. The Study shall demonstrate that all storm drain facilities are designed for the 25- year storm event protection. Prior to Issuance of Demolition Permit or Grading Permit Review and Approval of Hydrology Study Engineering Division Building & Safety Division Noise N-1 Prior to Grading Permit issuance, the Project Applicant shall demonstrate, to the satisfaction of the City of Gilroy Planning Manager that the Project complies with the following:  Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices.  Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible.  During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers.  Construction activities shall not take place outside of the allowable hours specified by Gilroy City Code Section 16.38, Hours of Construction (between 7:00 AM and 7:00 PM on weekdays, and between 9:00 AM and 7:00 PM on Saturdays). Construction activities are not permitted on Sundays or City holidays. Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Planning Division Engineering Division Building & Safety Division N-2 After the plot plans and architectural drawings have been developed, and prior to the issuance of Building Permits, the City of Gilroy Building Official shall confirm that the applicable project plans and specifications include sound‐rated windows for Project residential areas immediately adjacent to First Street (SR-152) and Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans Planning Division Building & Safety Division 10.A.c Packet Pg. 261 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Santa Teresa Boulevard (i.e., along the roadway or with a direct line of sight). All exterior windows for residences adjacent to First Street (SR- 152) and Santa Teresa Boulevard shall be constructed with upgraded windows to provide an airborne sound insulation system achieving a minimum Sound Transmission Class (STC) of 33. The final site design shall also implement centralized heating/ ventilation/air-conditioning (HVAC) units on all these dwelling units to ensure noise levels would be below 45 dBA CNEL with windows and doors closed. The Applicant, as an alternative, may retain a qualified acoustical consultant whom shall submit a report for an alternative means of sound insulation satisfactory to the City of Gilroy which achieves a maximum interior noise level of 45 dBA CNEL. Transportation/Traffic TRA-1 Intersection 1 (Santa Teresa Boulevard / Fitzgerald Avenue) – The significant project impact to this intersection shall be mitigated with the addition of a separate northbound right-turn land on Santa Teresa Blvd. to eastbound Fitzgerald Ave. Adding a separate northbound right-turn lane would improve the intersection level of service conditions to better than background conditions (LOC C and E during the AM and PM peak hours, respectively.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 10.A.c Packet Pg. 262 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $2,062,181 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $103,109. TRA-2 Intersection 3 (Santa Teresa Boulevard / Day Road East) – The cumulative project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than cumulative (no project) conditions (LOS D during the AM peak hour.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. This condition was also assigned to another developer (Silveira – Tract 10230). This condition has been fully met by the Tract 10230 developer and is no longer in need of subsequent mitigations by the Imwalle Townhomes project. Implemented by Tract 10230. No additional action needed TRA-3 Intersection 4 (Santa Teresa Boulevard / Sunrise Drive) – The significant project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than background conditions (LOSB during the AM peak hour.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 10.A.c Packet Pg. 263 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Timing for completion of this improvement is revised as follows: Construction shall commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit, and to the satisfaction of the City Traffic Engineer. TRA-4 Intersection 10 (Kelton Drive-Project Access / First Street) – This intersection is within Caltrans jurisdiction, the Project Applicant shall: 1) Coordinate with and obtain concurrence from Caltrans for the improvements outlined below; and 2) Fully design and install the following improvements prior to occupancy of first unit: Install “pork chop island” at northbound (Project driveway) approach to restrict Project driveway access to only right-turns in and right-turns out. Northbound and southbound approaches would continue to be unsignalized stop-sign controlled. Full left-turn access would continue to be allowed from First Street onto Kelton Drive and from Kelton Drive onto First Street. (RBF mitigation MND TRA-6) Prior to Issuance of a Building Permit Enter into an agreement Engineering Division TRA-5 Intersection 13 (Wren Avenue / Welburn Avenue) – The significant project impact to this intersection shall be mitigated by installing a traffic signal, as planned in the City’s TCMP. This improvement includes signalizing the intersection, restriping all of the intersection approaches, and adding left-turn pockets on the east and west approaches. Additionally, 260 feet of parking would need to be removed on the east leg to accommodate the left-turn pocket. With implementation of these improvements, the overall intersection level of service would be LOS C during both peak hours. These improvements have been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. The intersection of Wren Avenue and Welburn Avenue Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 10.A.c Packet Pg. 264 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks is also projected to be impacted by another proposed project, Las Animas Residential development, located along the east side of Wren Avenue just north of Welburn Avenue. The Las Animas project is currently awaiting city approval. Pending approval of the proposed project and the Las Animas Residential development, responsibility for implementation of the above mitigation measures may be shared between the two proposed projects. City suggests that both developers coordinate this mitigation for project delivery. Timing for completion of this improvement is revised as follows: Construction shall commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit, and to the satisfaction of the City Traffic Engineer. TRA-6 Intersection 17 (Monterey Street / Fitzgerald Avenue- Masten Avenue) – The significant project impact to this intersection shall be mitigated by providing protected left-turns on the east and west approaches of the intersection. Additionally, by changing the east-west signal phase from split to protected, Fitzgerald Ave. would need to be widened to provide an exclusive eastbound left-turn lane. Implementation of the proposed improvements would improve the intersection level of service conditions to better than background conditions (LOS C and D during the AM and PM peak hours, respectively.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 10.A.c Packet Pg. 265 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $1,776,143 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $88,807. TRA-7 Intersection 22 (US-101 SB Ramps / Masten Avenue) – The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS B during both peak hours with signalization. This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $765,618 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $19,140. Prior to Issuance of a Building Permit Enter into an agreement Engineering Division TRA-8 Intersection 23 (US 101 Northbound Ramps / Masten Ave.) – The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS C and B during the AM and PM peak hours, respectively, with signalization. This improvement has been identified in the City’s Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 10.A.c Packet Pg. 266 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $788,118 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $19,703. 10.A.c Packet Pg. 267 Attachment: TM 13-11 time extension revised conditions (clean version) (1745 : TM 13-11, AS 13-35 Eagle 4815-5887-4159v1 JH\04706089 Exhibit A City Council Resolution 2016-20 TM 13-11 Conditions of Approval Note: The following abbreviations identify the City department or division responsible for determining compliance with these standard conditions. The first group listed has responsibility for compliance at plan check, the second confirms compliance with the condition at final inspection, prior to final occupancy or issuance of a certificate of occupancy, or as specified in the condition. If only one group is identified, they have responsibilities from initial review through compliance verification. Internal information shown in italics at the end of each condition provides internal reference for the condition: Some are standard permit conditions (e.g. G-1) while some are taken from environmental documents (e.g. MND-S2). RESPONSIBLE DEPARTMENTS/DIVISIONS BL Building Division/Inspectors PK Parks/Landscape Design CA City Attorney PL Planning Division CE Code Enforcement PW Public Works/Engineering FD Fire Department TR Traffic Division PD Police Department WW Wastewater/Source Control GENERAL PROJECT CONDITIONS 1. This permit is granted for the property described in the application on file with the Planning Division, and may not be transferred from one property to another, unless a request is requested and granted by the Planning Manager, pursuant to the City Code. (PL, G-1) 2. This permit is granted for approved plans (“the plans”) on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions. Any subsequent modification or deviation to the approved plans shall be considered by the Planning Manager, may require separate discretionary approval and shall conform to City Code requirements or policies adopted by City Council. (PL, G-2) 3. Developer means permit applicant, property owner, and/or tenants using the space(s) for the intended use(s). Compliance with project conditions is expected for the life of the project. (CA, G-3) 4. An approved tentative map shall expire twenty-four (24) months from the approval date. (PL, G-6) 5. Should Developer intend to request an extension to the permit expiration date, Developer must submit to the Planning Division a written application with applicable fees prior to the expiration date. Only timely requests may be considered pursuant to the City Code. (PL, G-7) 10.A.d Packet Pg. 268 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 6. Failure to appeal this decision in a timely manner or commencement of any activity related to the project is understood to clarify the Developer’s acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein. (CA, G -8) 7. Developer shall complete all required off-site and on-site improvements related to the project, including structures, paving, and landscaping, prior to occupancy unless otherwise allowed by the Community Development Director. (BL, G-9) 8. Developer agrees, as a condition of adoption of this resolution, at Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against City or it's officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. (CA, G-10) 9. Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail. (CA, G-11) 10. Developer shall complete the “Notice of Land Use Restrictions and Conditions” form, using the form provided by the City, for recording with the Santa Clara County Recorder. Before the City issues building permits, Developer shall submit the original completed, signed and notarized document, together with the required fees to the Planning Manager. (PL, G-12) 11. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to permit revocation pursuant to the City Code. (CA, G-13) 12. Prior to issuance of building permits, Developer shall correct all violations of the City Code existing on the project property for which the City has open cases. (PL/CE, G-14) 13. Approval of this Vesting Tentative Map application is subject to approval of Zoning/Planned Unit Development application Z 13-08 and Architectural and Site Review Permit AS 13-35. Should either of those applications not be approved or be rescinded, this approval shall become null and void. 10.A.d Packet Pg. 269 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 14. Building and grading permits for the project shall not be issued prior to recordation of the final map. PLANNING DIVISION STANDARD CONDITIONS 15. Developer acknowledges that because of water limitations placed on the city by its water providers, approval of this permit does not guarantee that the city will issue building permits. Issuance of building permits may be delayed and subject to implementation and/or compliance with mandated water conservation or allocation plans. (PL/PW, PL-1) 16. Developer shall submit plans for building permit applications that include, on all sets, a reproduction of all conditions of approval of this permit, as adopted by the decision-maker. (PL, PL-3) 17. Developer may not modify any use approved by this permit unless the Community Development Director or designee determines that Developer has provided the parking required by the City Code for the modified use. (PL, PL-6) 18. All project on-site lighting shall be of a type and in a location that does not constitute a hazard to vehicular traffic, either on private property or on public property, including streets. Such lighting shall not conflict with drainage plans, landscape plans, tree locations, parking spaces, or any other such land use concerns. (PL, PL-7) PLANNING DIVISION SPECIAL CONDITIONS 20. Prior to approval of the final map, the subdivision shall be modified to address the following items to the approval of the Planning Division: a. Elimination of the 10-foot PSE in the southeast portion of the site b. Retention and realignment of the emergency vehicle access from the adjacent property to the south to First St. c. An easement to provide access from the subject property and the adjacent property to the south to the shopping center to the east, subject to Shopping Center approval. In the event Shopping Center does not agree to said easement, this condition shall not be enforced. d. Decorative pavement at project entrances and walkways and crosswalks, to the approval of the Public Works and Community Development Directors. e. Elimination of two speed tables and revision to the location of guest parking as shown on Site Plan Alternate, dated 9/11/15. f. Modification of the private street behind unit 119 to provide adequate room for backing out of that garage. g. Minor modification of the project layout near the intersection of Santa Teresa Blvd. and First St., not resulting in loss of units, in order to maintain adequate front yard setbacks from the 10.A.d Packet Pg. 270 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 roundabout proposed for this intersection. 21. No on-site fill material may be retained by the existing pre-cast concrete property boundary walls. 22. Prior to approval of the final map, a phasing plan for construction of the project shall be submitted to and approved by the Community Development and Public Works Directors. The phasing plan shall include the timing of installation of common area improvements, including private streets, landscaping, recreational facilities and blocks of townhouse units. 23. Prior to approval of the final map, a copy of the CC&Rs and By-Laws for the homeowners association shall be submitted to and approved by the Planning Division. The Homeowners Association shall be responsible for enforcing all requirements of the CC&Rs and By-Laws, with special attention to the following. These documents shall include at a minimum the following provisions that may only be modified or deleted upon City approval: a. At all times, unit garages shall maintain a minimum 20’ x 20’ clear space be used for parking of vehicles only. Resident vehicles shall be parked in the unit garages and not in guest parking spaces or on public streets. b. For the life of the development, the Homeowner Association shall contract for the placement of garbage and recycling toters on the resident driveway aprons of each unit within two hours after rubbish pick-up and within two hours after recycling pick-up. c. For the life of the development, no parking shall be allowed on the private streets within the subdivision except as shown and conditioned on the approved plans. 24. Prior to issuance of a grading permit, the applicant shall obtain a Santa Clara Valley Habitat Plan permit from the City of Gilroy. The permit will require implementation of all applicable project conditions and payment of appropriate land cover fees. The applicant shall be responsible for the implementation of this mitigation measure, subject to monitoring by the City of Gilroy. 25. Due to the possibility that significant buried cultural resources might be found during construction, the applicant shall include the following language on any grading, site work, and construction plans issued for the project site, subject to the review and approval of the Gilroy Planning Division (pursuant to Gilroy General Plan Policy 5.07): 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. 10.A.d Packet Pg. 271 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 26. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the applicant shall include the following language is included in all grading, site work, and construction plans in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division: 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. 27. Compliance with all conditions of approval of Zoning/Planned Unit Development 13-08 and Architectural and Site Review Permit AS 13-35 shall also be a condition of this approval. Environmental Mitigation Measures 28. The following Best Management Practices (BMPs) (as set forth in Table 8-1, BAAQMD Basic Construction Mitigation Measures, outlined in the BAAQMD CEQA Air Quality Guidelines), shall be included in the Project’s construction- contract specifications. The control measures shall be included on all grading, site work, and construction plans and implemented during the duration of all proposed construction activities: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 10.A.d Packet Pg. 272 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. Post a publicly visible sign with the telephone number and person to contact at the City regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. (MND AQ-1) 29. Prior to issuance of building permits, the Project shall implement the following design recommendations: a. Establish and plot onto all plans the vertical and horizontal locations of all trees identified for preservation, and forward the plans to the Consulting Arborist for review and comment. b. Any changes to the plans affecting the trees shall be reviewed by the Consulting Arborist with regard to tree impacts. These include, but are not limited to, demolition plans, improvement plans, utility and drainage plans, grading plans, and landscape and irrigation plans. c. A Tree Protection Zone (TPZ) shall be established around each tree to be preserved. TPZs for trees identified for preservation are identified in the following table. No trenching, excavation, construction or storage of materials shall occur within that zone. No underground services including utilities, sub-drains, water or sewer shall be placed in the TPZ. Spoil from trench, footing, utility, or other excavation shall not be placed within the TPZ, either temporarily or permanently. 29. Tree No. 30. TPZ 31.#21 and 25- 31 32. 5’W. DL in all other directions 33.#81-84 34. 5’ N. DL in all other directions 35.#22 and 23 36. 10’ W. DL in all other directions 37. Note: DL = Dripline d. The Tree Preservation Guidelines, prepared by the Consulting 10.A.d Packet Pg. 273 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 Arborist, shall be included on all plans. e. Underground services including utilities, sub-drains, water or sewer shall be routed around the Tree Protection Zone. Where encroachment cannot be avoided, special construction techniques such as hand digging or tunneling under roots shall be employed to minimize root injury. f. Locate all temporary access roads to remain outside TPZs. g. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use. h. Irrigation systems must be designed so that no trenching shall occur within the TPZs. (MND BIO-1) 30. The Project shall implement the following pre-construction treatments and recommendations: a. The construction superintendent shall meet with the Consulting Arborist before beginning work to discuss work procedures and tree protection. b. Fence all trees to be retained to completely enclose the TPZ prior to demolition, grubbing or grading. Fences shall be 6’ high chain link, mounted to steel posts firmly driven into the ground or on stanchions fastened securely with rebar staples 12” deep, as required by the City. Fences are to remain until all grading and construction is completed. c. Trees recommended for preservation may require clearance pruning for construction. All pruning shall be completed by a Certified Arborist or Tree Worker and adhere to the latest edition of the ANSI Z133 and A300 standards as well as the Best Management Practices—Tree Pruning, published by the International Society of Arboriculture. d. Structures and underground features to be removed within the TPZ shall use the smallest equipment, and operate from outside the TPZ. The consultant shall be onsite during all operations within the TPZ to monitor demolition activity. e. A 4-6” wood chip mulch shall be applied and maintained within the TPZ. (MND BIO-2) 31. The Project shall implement the following recommendations for tree protection during construction: a. Prior to beginning work, all contractors working in the vicinity of trees to be preserved are required to meet with the Consulting Arborist at the site to review all work procedures, access routes, storage areas and tree protection measures. b. No grading, construction, demolition or other work shall occur within the TPZs. Any modifications must be approved and monitored by the Consulting Arborist. c. Any excavation within the dripline or other work that is expected to encounter tree roots shall be approved and monitored by the 10.A.d Packet Pg. 274 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 Consulting Arborist. Roots shall be cut by manually digging and trench and cutting exposed roots with a sharp saw. The Consulting Arborist shall identify where root pruning is required. d. If injury should occur to any tree during construction, it shall be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied. e. Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with a saw. f. Fences have been erected to protect trees to be preserved; these fences define a specific TPZ for each tree or group of trees. Fences shall remain until all site work has been completed. Fences shall not be relocated or removed without permission of the Consultant. g. Construction trailers, traffic and storage areas shall remain outside fenced areas at all times. h. Prior to grading, pad preparation, excavation for foundations/footings/walls, trenching, trees may require root pruning outside the TPZ by cutting all roots cleanly to the depth of the excavation. Roots shall be cut by manually digging a trench and cutting exposed roots with a saw, with a vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root pruning equipment. The Consulting Arborist shall identify where root pruning is required. i. No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored within the TPZs. j. Any additional tree pruning needed for clearance during construction shall be performed by a Certified Arborist and not by PG&E or construction personnel. (MND BIO-3) 32. For the life of the development, the Project shall implement the following measure for tree maintenance: a. Tree health and structural stability shall be monitored, since preserved trees may experience a physical environment different from that of pre- development. Occasional pruning, fertilization, mulch, pest management, replanting and irrigation may be required. (MND BIO-4) 33. Significant Trees - Replacement and Planting Measures. Prior to Grading Permit issuance, the Applicant shall contract with a certified arborist to determine the value of the significant trees to be removed. The value of the significant trees to be removed shall be used to enhance tree planting on the site, to the approval of the Community Development Director or designee. (MND BIO-5) 34. Prior to excavation, any soil that is excavated and/or hauled away for disposal shall be characterized by a qualified environmental professional for the possible presence of agricultural chemicals, according to state and federal regulations, in order to profile the soil for disposal. (MND HAZ-1) 10.A.d Packet Pg. 275 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 35. Prior to issuance of a Demolition Permit for any structures within the Project area (or prior to issuance of a Grading Permit for vacant properties), the property and any onsite structure(s) shall be evaluated for occurrence of asbestos-containing materials, lead-based paints, and/or other hazardous materials. The City of Gilroy Hazardous Materials Program would perform oversight of cleanup and investigation of hazardous materials and hazardous waste contamination. (MND HAZ-2) 36. Prior to the issuance of the Grading Permit, the Applicant shall prepare a detailed Hydrology Study, approved by the City Engineer, demonstrating that all runoff would be treated and contained onsite. The Study shall demonstrate that all storm drain facilities are designed for the 25- year storm event protection. (MND HYD-1) 37. Prior to Grading Permit issuance, the Applicant shall demonstrate, to the satisfaction of the City of Gilroy Community Development Director or designee that the Project complies with the following: a. Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. b. Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible. c. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. d. Construction activities shall not take place outside of the allowable hours specified by Gilroy City Code Section 16.38, Hours of Construction (between 7:00 AM and 7:00 PM on weekdays, and between 9:00 AM and 7:00 PM on Saturdays). Construction activities are not permitted on Sundays or City holidays. (MND N-1) 38. After the plot plans and architectural drawings have been developed, and prior to the issuance of Building Permits, the City of Gilroy Building Official shall confirm that the applicable project plans and specifications include sound ‐rated windows for Project residential areas immediately adjacent to First Street (SR- 152) and Santa Teresa Boulevard (i.e., along the roadway or with a direct line of sight). All exterior windows for residences adjacent to First Street (SR-152) and Santa Teresa Boulevard shall be constructed with upgraded windows to provide an airborne sound insulation system achieving a minimum Sound Transmission Class (STC) of 33. The final site design shall also implement centralized heating/ ventilation/air-conditioning (HVAC) units on all these dwelling units to ensure noise levels would be below 45 dBA CNEL with windows and doors closed. The Applicant, as an alternative, may retain a qualified acoustical consultant whom shall submit a report for an alternative means of sound insulation satisfactory to the City of Gilroy which achieves a maximum interior 10.A.d Packet Pg. 276 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 noise level of 45 dBA CNEL. (MND N-2) 39. Intersection 1 (Santa Teresa Boulevard / Fitzgerald Avenue) – The significant project impact to this intersection shall be mitigated with the addition of a separate northbound right -turn land on Santa Teresa Blvd. to eastbound Fitzgerald Ave. Adding a separate northbound right -turn lane would improve the intersection level of service conditions to better than background conditions (LOC C and E during the AM and PM peak hours, respectively.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program . Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair -share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair -share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $2,062,181 in 2015 TIF dollars . The developer’s fair-share cost is estimated at $103,109. The Developer shall pay the 5% improvement fair -share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an e scalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair - share cost shall be made by the developer prior to the issuance of the first building permit. 40. Intersection 3 (Santa Teresa Boulevard / Day Road East) – The cumulative project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than cumulative (no project) conditions (LOS D during the AM peak hour.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. This condition was also assigned to another developer (Silveira – Tract 10230). This condition has been fully met by the Tract 10230 developer and is no longer in need of subsequent mitigations by the Imwalle Townhomes project. 10.A.d Packet Pg. 277 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 41. Intersection 4 (Santa Teresa Boulevard / Sunrise Drive) – The significant project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than background conditions (LOS B during the AM peak hour.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair -share contribution. Timing for completion of this improvement is revised as follows: Construction shall commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit, and to the satisfaction of the City Traffic Engineer. 42. Intersection 10 (Kelton Drive-Project Access / First Street) – This intersection is within Caltrans jurisdiction, the Project Applicant shall: 1) Construct the fourth leg of the existing First/Kelton intersection on the south side of the intersection to align with Kelton Street on the north side of First Street to form a four-leg intersection. 2) Coordinate with and obtain concurrence from Caltrans for the improvements outlined below; and 2) Fully design and install the following improvements prior to occupancy of first unit: 42. Install “pork chop island” at northbound (Project driveway) approach to restrict Project driveway access to only right-turns in and right-turns out. Northbound and southbound approaches would continue to be unsignalized stop-sign controlled. Full left-turn access would continue to be allowed from First Street onto Kelton Drive and from Kelton Drive onto First Street. (RBF mitigation MND TRA-6)Coordinate construction of signal improvements at this intersection in conjunction with development of the First and Kelton Commercial Project (AS 17-25). 3) Provide adequate dedication of any Public Service Easement necessary for placement of signal equipment for the signalized intersection improvements. 4) Obtain any necessary permit from Caltrans for work along the project’s First Street frontage. Should the First and Kelton Commercial Project (AS 17-25) proceed with the intersection signal improvements in advance of any site construction work on this project site, the developer shall provide the necessary site accommodation for the signal equipment to be installed. 43. Intersection 13 (Wren Avenue / Welburn Avenue) – The construction of signal improvements at this intersection are underway. Mitigation of this intersection 10.A.d Packet Pg. 278 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 traffic impacts are no longer necessary for this project. The significant project impact to this intersection shall be mitigated by installing a traffic signal, as planned in the City’s TCMP. This improvement includes signalizing the intersection, restriping all of the intersection approaches, and adding left -turn pockets on the east and west approaches. Additionally, 260 feet of parking would need to be removed on the east leg to accommodate the left -turn pocket. With implementation of these improvements, the overall intersection level of service would be LOS C during both peak hours. 44.43. These improvements have been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair -share contribution. The intersection of Wren Avenue and Welburn Avenue is also projected to be impacted by another proposed project, Las Animas Residential development, located along the east side of Wren Avenue just north of Welburn Avenue. The Las Animas project is currently awaiting city approval. Pending approval of the proposed project and the Las Animas Residential development, responsibility for implementation of the above mitigation measures may be shared between the two proposed projects. City suggests that both developers coordinate this mitigation for project delivery. Timing for completion of this improvement is revised as f ollows: Construction shall commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit, and to the satisfaction of the City Traffic Engineer. 45.44. Intersection 17 (Monterey Street / Fitzgerald Avenue-Masten Avenue) – The significant project impact to this intersection shall be mitigated by providing protected left-turns on the east and west approaches of the intersection. Additionally, by changing the east -west signal phase from split to protected, Fitzgerald Ave. would need to be widened to provide an exclusive eastbound left-turn lane. Implementation of the proposed improvements would improve the intersection level of service conditions to better than background conditions (LOS C and D during the AM and PM peak hours, respectively.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and t he developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair -share contribution. Since this is a County facility and a County encroachment permit will be 10.A.d Packet Pg. 279 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 required, it is prudent to have the developer provide a fair -share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $1,776,143 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $88,807. The Developer shall pay the 5% improvement fair -share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair- share cost shall be made by the developer prior to the issuance of the first building permit. 46.45. Intersection 22 (US-101 SB Ramps / Masten Avenue) – The significant project impact to this intersection shall be mitigated by installin g a traffic signal. The intersection level of service would be LOS B during both peak hours with signalization. This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Rei mbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair -share contribution. Since this is a County facilit y and a County encroachment permit will be required, it is prudent to have the developer provide a fair -share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $765,618 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $19,140. The Develolper shall pay the 5% improvement fair -share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair- share cost shall be made by the developer prior to the issuance of the first building permit. 47.46. Intersection 23 (US 101 Northbound Ramps / Masten Ave.) – The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS C and B during the AM and PM 10.A.d Packet Pg. 280 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 peak hours, respectively, with signalization. This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $788,118 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $19,703. The Developer shall pay the 5% improvement fair -share contribution in an amount reflective of the current project cost. This value shall be calculated using the 2015 improvement cost plus an escalated amount based on the Engineering News Record Construction Cost Index. Payment of this 5% fair - share cost shall be made by the developer prior to the issuance of the first building permit. PUBLIC WORKS/ENGINEERING DIVISION STANDARD CONDITIONS 48.47. GENERAL a. Developer shall perform all work in compliance with the City of Gilroy Specifications, Standards Design Criteria, and Development Agreement 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. b. 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. c. The applicant shall obtain all necessary permits from federal, state, and local agencies as required to construct the proposed improvements including, but not limited to, the Santa Clara County Roads & Airports Department, Caltrans and Regional Water Quality Control Board. d. All existing utility poles shall be removed, and all utilities placed underground. No new poles are allowed. 10.A.d Packet Pg. 281 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 48. GENERAL – Applicant shall obtain will serve and review letter from Recology confirming serviceability and site accessibility of solid waste pickup. Contract Steven Lucchetti, Operations Manager 408-842-3358. 49. FEES a. 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, Traffic, and Public Facilities Development Impact Fees are due prior to building occupancy. Note that there will be a fee increase beginning 7/1/20186. b. 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. c. Prior to final map/improvement plan approval, Developer shall submit a final construction cost estimate and pay the remaining 60% of the revised plan check and inspection fees based on the final revised construction cost estimate and other related fees that the property is subject to, enter into a property improvement agreement, and provide payment and performance bonds. d. The fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with city policy. e. The sum of all fair-share contributions in lieu of construction of the improvements shall be recalculated to reflect current construction costs as identified in each traffic mitigation improvement condition as indicatedis estimated at $230,759. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement, to be worked out between City and developer, prior to issuance of the first building permit. f. The project’s estimated Traffic Impact Fee for 202 units is $9,0998,577 per unit (high density residential) for a total of $1,837,998732,554.00 based on the currently effective fee schedule dated July 1, 2015. Based on the fee schedule that will be effective on July 1, 20186, the estimated Traffic Impact Fee is $9,3728,834 per unit (high density residential) for a total of $1,893,144784,468.00. The Traffic Impact Fee will be due prior to building occupancy. Note that there will be another 3% traffic impact fee increase beginning July 1, 20197. The Traffic Impact fee and other development impact fees due for this project shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with city policy. 50. TRANSPORTATION a. Developer shall submit photometric plans prior to first building permit issuance. b. Developer shall install all joint trench to have (4) dedicated 11/2” SCH 80 10.A.d Packet Pg. 282 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 PVC conduit for City Fiber Optic need in a quad duct arrangement along Santa Teresa and First Street frontage. Quad duct shall be per City STD EL- 11. c. 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. d. Final streetlight locations shall be to the satisfaction of the City Transportation Engineer and shall follow City standards. e. Developer shall design driveway grades to keep the automobile from dragging or “bottoming out” on the street or driveway and to keep water collected in the street from the 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. f. 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 included in the Improvement Plans and shall be approved prior to grading permit issuance. g. Prior to the issuance of 100th building permit, provide for VTA -approved bus stop along the First Street frontage of the project to support the extension of the Line 19 bus route. Contact Rod Ballesteros, Operations Manager at VTA (408) 321-2300 for design requirements. h. At improvement plan phase, Developer shall provide street lighting per current Public Works standard LED type 15 arrangement. i. Prior to the issuance of the first building permit, Developer shall provide an on-site/off-site striping plan for review and approval by the Engineering Division. 51. GRADING/DRAINAGE a. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. 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. 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 10.A.d Packet Pg. 283 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 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 Improvement Plan/Final Map approval. b. 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. c. Prior to issuance of the first building permit, the applicant’s soils engineer shall review the final grading and drainage plans to ensure that designs for 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. 52. TRANSPORTATION All streets and alleys shall be private and maintained by the HOA. 53. TRANSPORTATION - At first plan submittal developer shall model all Solid Waste Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swepth analysis software, all turning and street circulation movements. 54. TRANSPORTATION At first plan submittal developer shall model all Emergency Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swepth analysis software, all turning and street circulation movements. 52.55. 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. a. All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. b. Recycled water shall be used for construction water, where available, 10.A.d Packet Pg. 284 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District’s municipal industrial rate. c. Where recycled water is not available, as determined by the Public Works Director, potable water shall be used. All City potable water will be billed based on the City’s comprehensive fee schedule under the Portable Fire hydrant meter rate. 53.56. 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. 54.57. UTILITIES a. Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. b. 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. c. The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director. d. Storm and sewer lines in private areas shall be privately maintained unless approved by the Public Works Director. e. 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: i. 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). ii. 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. iii. “Will Serve Letter” from each utility company for the subdivision shall be supplied to the City. f. Joint trench composite plans shall be approved prior to final map/improvement plan approval or as otherwise determined by the Public Works Director/City Engineer. g. 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 10.A.d Packet Pg. 285 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 underground utility conflict exists. h. 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-signed and PG&E-approved 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. 55.58. NOTICING: At least one week prior to commencement of work, the Developer shall post at the site and mail to owners of property within (300') three 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. 56.59. START OF CONTRUCTION: 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. 57.60. WORKING HOURS: 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 will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 58.61. WORK INSPECTION: All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 59.62. HAUL PERMIT: 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. 60.63. DUST CONTROL: 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 10.A.d Packet Pg. 286 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 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. 61.64. CONSTRUCTION STREET 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). 62.65. STREET MAINTENANCE: 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. 63.66. RESTORATION OF 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. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 67. FINAL MAP: The tentative map and all final maps shall designate all common lots and easements as lettered lots or lettered easements. The Final map should be clear on the limits of Public vs. Private (HOA) responsibilities. The Final map should also be clear of the HOA vs. Homeowners responsibilities. 68. FINAL MAP: Prior to final map approval, the developer shall establish a homeowner association. The homeowner association shall be responsible for the maintenance of 10.A.d Packet Pg. 287 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 the landscaping, walls, private streetlights, private utilities, private streets, and common areas, and shall have assessment power. HOA shall be responsible maintenance of the Storm Water Control treatment areas and the CC&R’s shall describe how the stormwater BMPs associated with privately owned improvements and landscaping shall be maintained by the association. This information shall be clearly included in the Conditions, 64.69. MONUMENTS a. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. b. Location of monuments shall be tied out prior to work. Any City monument damaged, displaced or destroyed shall be replaced at the developer's sole expense. c. 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. 65.70. GRADE CERTIFICATION: 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. 66.71. ACCEPTANCE OF IMPROVEMENTS: 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. PUBLIC WORKS/ENGINEERING DIVISION SPECIAL CONDITIONS 67.72. UTILITY PLAN: Prior to issuance of construction permits, applicant shall revise the Utility Plan to comply with the following: a. Provide missing invert elevations for the sanitary sewer system. b. Revise invert information on private streets to show the correct direction of flow. 10.A.d Packet Pg. 288 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 73. UTILITY PLAN: All utilities shall be private (Storm, Water, Sewer) 68.74. STORMWATER: This project shall comply with is subject to post- construction stormwater quality requirements per Chapter 27D of the Gilroy Municipal Code. a. At grading permit phase, submit design level an updated Stormwater Management Plan for review and approval that includes the following: i. Areas to be converted to pervious surface: The type of pervious surface(s) and proposed areas for conversion shall be to the satisfaction of the Community Development Director and Public Works Director or their designees. ii. Updated Stormwater Treatment Summary Table that meets the required percentage of equivalent impervious surface area. iii. Updated stormwater calculations iv. Overland release arrows v. A report including the above items and summarizing existing conditions, design summary, oportunities/constraints regarding the stormwater management design, and detailed explanation of all aspects of the stormwater management design. b. At grading permit phase, applicant shall submit the final signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. c. Stormwater BMP Operation and Maintenance Agreement i. Prior to the issuance of the first building permit, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management treatment BMPs. The City- standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to 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 10.A.d Packet Pg. 289 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 and maintained in good condition and promptly repaired/replaced by the property owner(s), an owners' or homeowners' association or other legal entity approved by the City. v. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans. vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan. 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: iii. Site address; iv. Date and time of inspection; v. Name of the person conducting the inspection; vi. List of stormwater facilities inspected; vii. Condition of each stormwater facility inspected; viii. Description of any needed maintenance or repairs; and ix. As applicable, the need for site re-inspection. 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. 75. STORMWATER: All stormwater management design facilities shall not conflict with surrounding structures, footings, utilities, etc. All BMP and LID design shall consider the proximity to existing and proposed structures. 76. STORMWATER: The Civil design en gineer shall ensure that the landscape design does not conflict or obstruct the design, use, and maintenance of stormwater management facilities. All landscape planting shall not interfere with the stormwater management design and facilities. FIRE DEPARTMENT STANDARD CONDITIONS 10.A.d Packet Pg. 290 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 69.77. TM Conditions shall be 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 be scheduled. No building permits will be issued without a Fire –Off-Site Improvement Inspection and Fire Flow Test administered by the Fire Marshal. 70.78. Secondary access shall be provided when 30 or more units served. Secondary Access does not need to serve as public access, however the roadway shall meet the City standards as a street. Any alternative designs are subject to review and approval by the Fire Chief. 71.79. Gated Access Roadways shall be provided with electronic and provided with a click to open electronic opening system compatible with the Fire Department equipment as well as KNOX key over ride for both Fire and Police access. 72.80. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure. Street Hydrants shall be spaced every 300 ft., and within 150 ft. of any building. Off-site improvement plan shall provide Fire Hydrants per the City Standard for type, location, red curb and blue reflective marker placement. Hydrants shall be installed prior to commencement of construction with combustible materials. Note: if hydrant placement causes a parking space to be obstructed the parking space shall be replaced at another location in the development. 73.81. All homes shall be provided with water laterals and meters sized to allow for a residential NFPA 13d fire sprinkler system. At a minimum the off-site improvement plan shall provide 1.5 inch water laterals and 1” meters sized to allow for a residential NFPA 13d fire sprinkler system. A fire flow test shall be obtained from the Fire Marshal for the purpose of Fire Sprinkler design. 74.82. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than 13.5 ft. shall be provided. Turning radius shall not be less than 32’ inside and 39’. Dead end streets greater than 150’ in shall be provided with a cul-de-sac of 78’diameter unless they qualify for an exemption. 75.83. Road widths shall be as follows: a. Less than 28 ft., no parking on either side b. Less than 36 ft.,. no parking on one side. c. At or over 36 ft., parking not restricted. d. 78’ diameter cul de sac- no parking e. 98’ diameter cul de sac- parking not restricted 10.A.d Packet Pg. 291 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension 4815-5887-4159v1 JH\04706089 76.84. Where parking is restricted, curbs shall be painted red at installation with the stencil FIRE LANE every 25 feet, or every 75 feet No Parking - Fire Lane signs shall be installed per MUTCD standard at street completion. Repainting may be necessary at final project completion and prior to tract acceptance. Include curbing and/or signage details in the Off-Site improvement plans. Private roadway striping and/or signage shall be enforced and maintained by the HOA. A parking enforcement plan will be required. 77.85. Street naming shall be done prior to off-site improvement plan and building plan submittal. Street A shall be named as two streets as the City Street naming policy does not provide for a street name to continue in a perpendicular route. Addresses shall be assigned by the City Engineering Section prior to improvement plan and building permit submittal. Street signage shall be installed prior to any on-site improvements (foundations or buildings) has begun. 78.86. Open Spaces, including storm water detention/retention basins, agricultural lots, landscaped and naturally vegetated areas shall have vegetation management to remove dead plants and debris, and to remove, disc or mow weeds during weed abatement season from April to November of each year. In HOA managed areas the HOA shall be responsible. For privately owned property it shall be performed by the property owner. FIRE DEPARTMENT SPECIAL CONDITIONS 79.87. Turning radii for Fire Apparatus on private streets in the project shall be to the approval of the Fire Marshal prior to approval of the final map. 80.88. The EVA shall meet City Standard Roadway criteria for compaction, drainage and weight bearing for a Fire apparatus. If a design is not accepted the EVA shall be constructed as a roadway. 81.89. Prior to scheduling the proposed development for City Council consideration, the applicant shall re-design the site plan to properly accommodate the turning movement of all emergency response vehicles to the satisfaction of the Fire Chief and Community Development Director. The necessary re-design shall not result in any loss of existing landscaping or parking, as conditioned, nor shall the re-design result in any significant alterations to the on-site stormwater retention requirements. 10.A.d Packet Pg. 292 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Exhbit B Zoning Amendment Z 13-08, Vesting Tentative Map TM 13-11 and Architectural and Site Review AS 13-35 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Air Quality AQ-1 The following Best Management Practices (BMPs) (as set forth in Table 8-1, BAAQMD Basic Construction Mitigation Measures, outlined in the BAAQMD CEQA Air Quality Guidelines), shall be included in the Project’s construction-contract specifications. The control measures shall be implemented during the duration of all proposed construction activities:  All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.  All haul trucks transporting soil, sand, or other loose material off-site shall be covered.  All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.  All vehicle speeds on unpaved roads shall be limited to 15 mph.  All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.  Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Building & Safety Division 10.A.d Packet Pg. 293 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13- 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks  Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.  All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.  Post a publicly visible sign with the telephone number and person to contact at the Town regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. Biological Resources BIO-1 The Project shall implement the following design recommendation: a. Establish and plot onto all plans the vertical and horizontal locations of all trees identified for preservation, and forward the plans to the Consulting Arborist for review and comment. b. Any changes to the plans affecting the trees shall be reviewed by the Consulting Arborist with regard to tree impacts. These include, but are not limited to, demolition plans, improvement plans, utility and drainage plans, grading plans, and landscape and irrigation plans. c. A Tree Protection Zone (TPZ) shall be established around each tree to be preserved. TPZs for trees identified for preservation are identified in the following table. No trenching, excavation, construction or storage of materials shall occur within that zone. No underground services including utilities, sub-drains, water or Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Planning Division 10.A.d Packet Pg. 294 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13- 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks sewer shall be placed in the TPZ. Spoil from trench, footing, utility, or other excavation shall not be placed within the TPZ, either temporarily or permanently. d. The Tree Preservation Guidelines, prepared by the Consulting Arborist, shall be included on all plans. e. Underground services including utilities, sub-drains, water or sewer shall be routed around the Tree Protection Zone. Where encroachment cannot be avoided, special construction techniques such as hand digging or tunneling under roots shall be employed to minimize root injury. f. Locate all temporary access roads to remain outside TPZs. g. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use. h. Irrigation systems must be designed so that no trenching shall occur within the TPZs. Tree No. TPZ #21 and 25-31 5’W. DL in all other directions #81-84 5’ N. DL in all other directions #22 and 23 10’ W. DL in all other directions Note: DL = Dripline BIO-2 The Project shall implement the following preconstruction treatments and recommendations: a. The construction superintendent shall meet with the Consulting Arborist before beginning work to discuss work procedures and tree protection. b. Fence all trees to be retained to completely enclose the TPZ prior to demolition, grubbing or Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Planning Division 10.A.d Packet Pg. 295 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13- 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks grading. Fences shall be 6’ high chain link, mounted to steel posts firmly driven into the ground or on stanchions fastened securely with rebar staples 12” deep, as required by the City. Fences are to remain until all grading and construction is completed. c. Trees recommended for preservation may require clearance pruning for construction. All pruning shall be completed by a Certified Arborist or Tree Worker and adhere to the latest edition of the ANSI Z133 and A300 standards as well as the Best Management Practices—Tree Pruning, published by the International Society of Arboriculture. d. Structures and underground features to be removed within the TPZ shall use the smallest equipment, and operate from outside the TPZ. The consultant shall be onsite during all operations within the TPZ to monitor demolition activity. e. A 4-6” wood chip mulch shall be applied and maintained within the TPZ. BIO-3 The Project shall implement the following recommendations for tree protection during construction: a. Prior to beginning work, all contractors working in the vicinity of trees to be preserved are required to meet with the Consulting Arborist at the site to review all work procedures, access routes, storage areas and tree protection measures. b. No grading, construction, demolition or other work shall occur within the TPZs. Any modifications must be approved and monitored by the Consulting Arborist. c. Any excavation within the dripline or other work that is expected to encounter tree roots shall be approved and monitored by the Consulting Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Planning Division Building & Safety Division 10.A.d Packet Pg. 296 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13- 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Arborist. Roots shall be cut by manually digging and trench and cutting exposed roots with a sharp saw. The Consulting Arborist shall identify where root pruning is required. d. If injury should occur to any tree during construction, it shall be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied. e. Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with a saw. f. Fences have been erected to protect trees to be preserved; these fences define a specific TPZ for each tree or group of trees. Fences shall remain until all site work has been completed. Fences shall not be relocated or removed without permission of the Consultant. g. Construction trailers, traffic and storage areas shall remain outside fenced areas at all times. h. Prior to grading, pad preparation, excavation for foundations/footings/walls, trenching, trees may require root pruning outside the TPZ by cutting all roots cleanly to the depth of the excavation. Roots shall be cut by manually digging a trench and cutting exposed roots with a saw, with a vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root pruning equipment. The Consulting Arborist shall identify where root pruning is required. i. No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored within the TPZs. j. Any additional tree pruning needed for clearance during construction shall be performed by a Certified Arborist and not by PG&E or construction 10.A.d Packet Pg. 297 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13- 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks personnel. BIO-4 The Project shall implement the following measure for tree maintenance: a. a. Tree health and structural stability shall be monitored, since preserved trees may experience a physical environment different from that of predevelopment. Occasional pruning, fertilization, mulch, pest management, replanting and irrigation may be required. Prior to Issuance of Demolition Permit or Grading Permit Inclusion in Conditions of Approval Planning Division BIO-5 Significant Trees - Replacement and Planting Measures. Prior to Grading Permit issuance, the Applicant shall contract with a certified arborist to determine the value of the significant trees to be removed. The value of the significant trees to be removed shall be used to enhance tree planting on the site, to the approval of the Planning Manager. Prior to Issuance of Demolition Permit or Grading Permit Inclusion in Conditions of Approval Planning Division Building & Safety Division Hazards and Hazardous Materials HAZ-1 Prior to excavation, any soil, including soil that is excavated and/or hauled away for disposal shall be characterized by a qualified environmental professional for the possible presence of agricultural chemicals, according to state and federal regulations, in order to profile the soil for use and disposal. Prior to Issuance of Demolition Permit or Grading Permit Oversight of Investigation and Cleanup Building & Safety Division Hazardous Materials Program HAZ-2 Prior to issuance of a Demolition Permit for any structures within the Project area (or prior to issuance of a Grading Permit for vacant properties), the property and any onsite structure(s) shall be evaluated for occurrence of asbestos-containing materials, lead- based paints, and/or other hazardous materials. The City of Gilroy Hazardous Materials Program would perform oversight of cleanup and investigation of hazardous materials and hazardous waste contamination. Cleanup activities shall include necessary techniques as determined by the City to verify conformance with regulatory cleanup levels for residential use. Prior to Issuance of Demolition Permit or Grading Permit Oversight of Investigation and Cleanup Building & Safety Division Hazardous Materials Program 10.A.d Packet Pg. 298 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13- 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Hydrology and Water Quality HYD-1 Prior to the issuance of the Grading Permit, the Applicant shall prepare a detailed Hydrology Study, approved by the City Engineer, demonstrating that all runoff would be treated and contained onsite. The Study shall demonstrate that all storm drain facilities are designed for the 25- year storm event protection. Prior to Issuance of Demolition Permit or Grading Permit Review and Approval of Hydrology Study Engineering Division Building & Safety Division Noise N-1 Prior to Grading Permit issuance, the Project Applicant shall demonstrate, to the satisfaction of the City of Gilroy Planning Manager that the Project complies with the following:  Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices.  Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible.  During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers.  Construction activities shall not take place outside of the allowable hours specified by Gilroy City Code Section 16.38, Hours of Construction (between 7:00 AM and 7:00 PM on weekdays, and between 9:00 AM and 7:00 PM on Saturdays). Construction activities are not permitted on Sundays or City holidays. Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans; Construction Inspections Planning Division Engineering Division Building & Safety Division N-2 After the plot plans and architectural drawings have been developed, and prior to the issuance of Building Permits, the City of Gilroy Building Official shall confirm that the applicable project plans and specifications include sound‐rated windows for Project residential areas immediately adjacent to First Street (SR-152) and Prior to Issuance of Demolition Permit or Grading Permit Review of Project Plans Planning Division Building & Safety Division 10.A.d Packet Pg. 299 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13- 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Santa Teresa Boulevard (i.e., along the roadway or with a direct line of sight). All exterior windows for residences adjacent to First Street (SR- 152) and Santa Teresa Boulevard shall be constructed with upgraded windows to provide an airborne sound insulation system achieving a minimum Sound Transmission Class (STC) of 33. The final site design shall also implement centralized heating/ ventilation/air-conditioning (HVAC) units on all these dwelling units to ensure noise levels would be below 45 dBA CNEL with windows and doors closed. The Applicant, as an alternative, may retain a qualified acoustical consultant whom shall submit a report for an alternative means of sound insulation satisfactory to the City of Gilroy which achieves a maximum interior noise level of 45 dBA CNEL. Transportation/Traffic TRA-1 Intersection 1 (Santa Teresa Boulevard / Fitzgerald Avenue) – The significant project impact to this intersection shall be mitigated with the addition of a separate northbound right-turn land on Santa Teresa Blvd. to eastbound Fitzgerald Ave. Adding a separate northbound right-turn lane would improve the intersection level of service conditions to better than background conditions (LOC C and E during the AM and PM peak hours, respectively.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 10.A.d Packet Pg. 300 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13- 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $2,062,181 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $103,109. TRA-2 Intersection 3 (Santa Teresa Boulevard / Day Road East) – The cumulative project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than cumulative (no project) conditions (LOS D during the AM peak hour.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. This condition was also assigned to another developer (Silveira – Tract 10230). This condition has been fully met by the Tract 10230 developer and is no longer in need of subsequent mitigations by the Imwalle Townhomes project. Implemented by Tract 10230. No additional action needed TRA-3 Intersection 4 (Santa Teresa Boulevard / Sunrise Drive) – The significant project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than background conditions (LOSB during the AM peak hour.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 10.A.d Packet Pg. 301 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13- 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Timing for completion of this improvement is revised as follows: Construction shall commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit, and to the satisfaction of the City Traffic Engineer. TRA-4 Intersection 10 (Kelton Drive-Project Access / First Street) – This intersection is within Caltrans jurisdiction, the Project Applicant shall: 1) Coordinate with and obtain concurrence from Caltrans for the improvements outlined below; and 2) Fully design and install the following improvements prior to occupancy of first unit: Install “pork chop island” at northbound (Project driveway) approach to restrict Project driveway access to only right-turns in and right-turns out. Northbound and southbound approaches would continue to be unsignalized stop-sign controlled. Full left-turn access would continue to be allowed from First Street onto Kelton Drive and from Kelton Drive onto First Street. (RBF mitigation MND TRA-6) Prior to Issuance of a Building Permit Enter into an agreement Engineering Division TRA-5 Intersection 13 (Wren Avenue / Welburn Avenue) – The significant project impact to this intersection shall be mitigated by installing a traffic signal, as planned in the City’s TCMP. This improvement includes signalizing the intersection, restriping all of the intersection approaches, and adding left-turn pockets on the east and west approaches. Additionally, 260 feet of parking would need to be removed on the east leg to accommodate the left-turn pocket. With implementation of these improvements, the overall intersection level of service would be LOS C during both peak hours. These improvements have been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. The intersection of Wren Avenue and Welburn Avenue Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 10.A.d Packet Pg. 302 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13- 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks is also projected to be impacted by another proposed project, Las Animas Residential development, located along the east side of Wren Avenue just north of Welburn Avenue. The Las Animas project is currently awaiting city approval. Pending approval of the proposed project and the Las Animas Residential development, responsibility for implementation of the above mitigation measures may be shared between the two proposed projects. City suggests that both developers coordinate this mitigation for project delivery. Timing for completion of this improvement is revised as follows: Construction shall commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit, and to the satisfaction of the City Traffic Engineer. TRA-6 Intersection 17 (Monterey Street / Fitzgerald Avenue- Masten Avenue) – The significant project impact to this intersection shall be mitigated by providing protected left-turns on the east and west approaches of the intersection. Additionally, by changing the east-west signal phase from split to protected, Fitzgerald Ave. would need to be widened to provide an exclusive eastbound left-turn lane. Implementation of the proposed improvements would improve the intersection level of service conditions to better than background conditions (LOS C and D during the AM and PM peak hours, respectively.) This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 10.A.d Packet Pg. 303 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13- 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $1,776,143 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $88,807. TRA-7 Intersection 22 (US-101 SB Ramps / Masten Avenue) – The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS B during both peak hours with signalization. This improvement has been identified in the City’s Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $765,618 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $19,140. Prior to Issuance of a Building Permit Enter into an agreement Engineering Division TRA-8 Intersection 23 (US 101 Northbound Ramps / Masten Ave.) – The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS C and B during the AM and PM peak hours, respectively, with signalization. This improvement has been identified in the City’s Prior to Issuance of a Building Permit Enter into an agreement Engineering Division 10.A.d Packet Pg. 304 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13- 4815-5887-4159v1 JH\04706089 Mitigation Measure Monitoring Phase/Timing Monitoring Procedure Implementing Party/Agency Verification of Compliance Initials Date Remarks Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project’s fair-share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair-share contribution, in lieu of construction. Details as to fair-share amount, schedule for payment of fair-share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $788,118 in 2015 TIF dollars. The developer’s fair-share cost is estimated at $19,703. 10.A.d Packet Pg. 305 Attachment: TM 13-11 time extension revised conditions (strike-through version) (1745 : TM 13-11, AS 13- All drawings and written materialappearing herein constitute original,and unpublished work of the architectand may not be duplicated, used ordisclosed without the written consentof the architect.Drawn By: Y.N.Sheet Size: 30 x 42ScaleSheet TitleS t a m pDateIssueClientConsultantProject No.13-1155+6'2.#0ž%57$/+66#.#&&&+/'05+105%+6;%1//'06572&#6'5+6'2.#02'4%+6;%1//'06510.A.ePacket Pg. 306Attachment: 13115PD_SET_2015-09-11 (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) All drawings and written materialappearing herein constitute original,and unpublished work of the architectand may not be duplicated, used ordisclosed without the written consentof the architect.Drawn By: Y.N.Sheet Size: 30 x 42ScaleSheet TitleS t a m pDateIssueClientConsultantProject No.13-115)4#&+0)#0&&4#+0#)'2.#0ž%57$/+66#.#&&5'%6+105%+6;%1//'06572&#6')4#&+0) &4#+0#)'2.#02'4%+6;%1//'06510.A.ePacket Pg. 307Attachment: 13115PD_SET_2015-09-11 (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) All drawings and written materialappearing herein constitute original,and unpublished work of the architectand may not be duplicated, used ordisclosed without the written consentof the architect.Drawn By: Y.N.Sheet Size: 30 x 42ScaleSheet TitleS t a m pDateIssueClientConsultantProject No.13-11576+.+6;2.#0ž%57$/+66#.%+6;%1//'06572&#6'76+.+6;2.#02'4%+6;%1//'06510.A.ePacket Pg. 308Attachment: 13115PD_SET_2015-09-11 (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) All drawings and written materialappearing herein constitute original,and unpublished work of the architectand may not be duplicated, used ordisclosed without the written consentof the architect.Drawn By: Y.N.Sheet Size: 30 x 42ScaleSheet TitleS t a m pDateIssueClientConsultantProject No.13-1155614/9#6'4/#0#)'/'062.#0ž%57$/+66#.57$/+66#.%+6;%1//'065/#0#)'/'062.#02'4%+6;%1//'065ƔƔ10.A.ePacket Pg. 309Attachment: 13115PD_SET_2015-09-11 (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) All drawings and written materialappearing herein constitute original,and unpublished work of the architectand may not be duplicated, used ordisclosed without the written consentof the architect.Drawn By: Y.N.Sheet Size: 30 x 42ScaleSheet TitleS t a m pDateIssueClientConsultantProject No.13-1155614/9#6'4/#0#)'/'06016'52.#0%%+6;%1//'065/#0#)'/'062.#02'4%+6;%1//'06510.A.ePacket Pg. 310Attachment: 13115PD_SET_2015-09-11 (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) VESTING TENTATIVE MAP FIRST STREET AND SANTA TERESA BOULEVARD TOWNHOMES A 202 UNIT CONDOMINIUM DEVELOPMENT 10.A.f Packet Pg. 311 Attachment: 13-115TM (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) 10.A.f Packet Pg. 312 Attachment: 13-115TM (1745 : TM 13-11, AS 13-35 Eagle Garden Time Extension Request) City of Gilroy STAFF REPORT Agenda Item Title: Consideration and Direction to Staff on a Temporary Use Permit for Saint Louise Hospital Located at 9400 No Name Uno to Support Extensive Facility Upgrades Meeting Date: June 18, 2018 From: Gabriel Gonzalez, City Administrator Department: Community Development Department Submitted By: Kristi Abrams Prepared By: Kristi Abrams Sue O'Strander Strategic Plan Goals Fiscal Stability ☐ Downtown Revitalization  Economic Development ☐ Customer Service ☐Enhanced Public Safety RECOMMENDATION Consideration of a Temporary Use Permit No.18-06 for upgrades at Saint Louise Hospital, and provide direction to staff. POLICY DISCUSSION The City Council is asked to consider if the requested use, which extends for a period of more than 30 days, can be considered a temporary use. BACKGROUND Zoning and land use regulations generally pertain to permanent long-term uses and activities conducted in permanent building structures. There are a few allowances for what are considered “temporary” uses under Article XLVII of the Zoning Ordinance. Such temporary uses may be permitted in any zone district, are short -term typically less than 30 days, do not negatively affect the public welfare, and cannot result in perm anent changes to the premises. Examples of temporary uses include outdoor sales, mobile 10.B Packet Pg. 313 food facilities, fireworks booths, seasonal sales for flowers, pumpkins, and Christmas trees. Construction sites and model homes are also considered temporary uses, and must be removed within 30 days after conclusion of the related activities. Temporary use permits (TUP) are approved administratively, typically on the same day of submittal at the Planning Division counter by staff. In some instances where the TUP request is more complex, additional coordination with other reviewers may be necessary, and the TUP can generally be processed within 3 weeks, at most. There is no public notice or hearing associated with such processing. Generally, if a use is not considered “temporary” then it is considered permanent, and must adhere to other sections of the Zoning Ordinance. In addition, temporary uses are exempt from factors such as environmental review and stormwater requirements (up to 6 months). Therefore, it is important to issue TUPs as appropriate so that those temporary uses are not held to the same development standards as permanent proposals. In meetings with Saint Louse Hospital representatives (in March and May 2018), the y presented the planned facility upgrades and temporary nature of such activity to staff. While staff members clarified the proposed timing of the anticipated activities exceed what is considered ‘temporary’ under the Zoning Ordinance allowances, neither are the proposed activities considered or intended to be ‘permanent’. As such, staff recommended that the request be presented to the City Council as a matter of policy for further discussion and direction. PROJECT DESCRIPTION Saint Louise Hospital is preparing to embark on a multi-million dollar investment to upgrade the hospital’s information technology infrastructure. The upgrade will include a new medical record system (Allscripts) to replace an old and out-of-date system that is currently in use. Allscripts will improve patient care and patient saf ety as well as improve communication among healthcare staff members. While the first phase (i.e. design and build of the software system) is in process, the second phase includes training of all hospital staff and physicians. A temporary facility is needed in late 2018 to accommodate the team working on the Allscripts system, the trainers, and a classroom to conduct training. Additional improvements include upgrades to the wireless network, upgrade the Workstations on Wheels, replacement of aging devices, m onitors, security and network access controls to support the new infrastructure. The plan calls for implementation to begin by September/October 2018. The temporary facility would need to be in -place at the start of the process. Regular occupants of the temporary facility would be approximately 10 at any given time, with up to 24 participants during each training session. The anticipated activities would generally occur Monday through Friday 7:00 am to 7:00 pm, with occasional training sessions in the evenings and on weekends. The 10.B Packet Pg. 314 applicant indicates that, if everything goes as planned, they expect their need for the temporary facility to continue to the end of December 2020. The 2,160 square foot facility (approximately 35’ x 60’) is proposed in a vacant area directly adjacent to the Hospital’s North Parking Lot. Placement would not conflict with any other structures or trees, and would avoid disturbance to an existing storm ditch. Adequate parking in the adjacent lot would be available for this facility, an d the Hospital does not expect a need for additional parking. (See attached preliminary site plan, floor plan, and summary of hospital upgrade project.) Connection points to existing facilities would be accessed from the adjacent house, which is owned by the Hospital. They also own a water well, also a short distance to the project site, and temporary connections are proposed. For wastewater concerns, the Hospital will not need to connect to the City sewer line. Instead, they will utilize a self - contained waste tank, which will be pumped empty once or twice a week, as needed. ANALYSIS Staff has provided preliminary input to Saint Louise Hospital with regard to building and stormwater compliance expectations. Saint Louise has evaluated staff’s concerns and designed the site layout to minimize impacts with regard to stormwater. They also understand the City’s concern about continued indefinite use of a temporary facility (beyond the allowed timeframe), and, therefore, proposes a $10,000 bond to guarantee their good faith to remove the facility upon completion of the stated infrastructure improvements and upgrades, through December 2020. This would be collected before issuance of building permits. As a longer term temporary use, staff would recommend the inclus ion of a condition whereby Saint Louise Hospital acknowledges the expected temporary nature of the request. The condition would indicate that if, at any time Saint Louise Hospital anticipates that the temporary use will extend beyond December 31, 2020, then, before October 31, 2020, Saint Louise Hospital will submit a complete Architectural and Site (AS) Review Permit application to make such facilities permanent. Should the AS application not be received and deemed complete by the City for processing by December 1, 2020, then Saint Louise Hospital must remove all facilities associated with the requested temporary use (including trailers, electrical, water and wastewater connections, etc.) before December 31, 2020. Under Gilroy City Code Article XLVII (Temporary Uses), Section 30.47.50(e) limits temporary uses that are not otherwise described under the Article to a period not to exceed 30 days per calendar year, including “other temporary outdoor uses that meet all conditions of this chapter, and where the zoning administrator determines that no safety hazards will result from the proposed use.” The applicant has refined the project and site layout to eliminate any hazards, however, the temporary use time period remains in conflict with the allowances under the City Code. Therefore, staff requests City Council consideration and direction for this particular proposal. 10.B Packet Pg. 315 PUBLIC BENEFIT Saint Louis Hospital provides emergency and other medical services to the Gilroy Community and beyond. The multi-million dollar investment to upgrade the patient record system will improve patient care and patient safety as well as improve communication among healthcare staff members. This upgrade will benefit the Gilroy Community at large for emergency and other inpatiant/outpatient services. The temporary use permit is needed to provide training space for the new users of the upgraded record system. Thus, it is not anticipated that approval of this temporary use permit will establish a precedent for other temporary uses to extend more than thirty days. ALTERNATIVES 1. Should the Council determine that the proposed use can be considered “temporary,” the Council is requested to direct staff to approve the TUP, as directed by the City Council. Staff recommends this option. 2. Should the Council determine that only uses within the general 30-day timeframe can be considered “temporary,” the Council would direct staff to take no further action on the requested TUP. Under this option, Saint Louise Hospital must apply for an Architectural and Site Review Permit for staff review of the needed facilities, which would be evaluated as permanent structures. Staff does not recommend this option. FISCAL IMPACT/FUNDING SOURCE No fiscal impact is associated with this request. CONCLUSION Should the City Council determine the use is temporary in nature, the Council would direct staff to approve the TUP request. Upon implementation of the proposed use, the community would benefit from the multi-million dollar improvements to the Saint Louise Hospital facility for many years. NEXT STEPS If directed to proceed with a TUP, staff will return to the City Council at the next meeting with the request, as directed. Upon approval of a TUP, Saint Louse Hospital can immediately proceed with building permit applications. Attachments: 1. Preliminary Site Plan, Floor Plan, and Hospital Upgrade Project Summary 10.B Packet Pg. 316 10.B.a Packet Pg. 317 Attachment: Preliminary Site Plan, Floor Plan, and Hospital Upgrade Project Summary (1702 : Saint Louise Hospital Temporary Use Permit) 10.B.a Packet Pg. 318 Attachment: Preliminary Site Plan, Floor Plan, and Hospital Upgrade Project Summary (1702 : Saint Louise Hospital Temporary Use Permit) 10.B.a Packet Pg. 319 Attachment: Preliminary Site Plan, Floor Plan, and Hospital Upgrade Project Summary (1702 : Saint Louise Hospital Temporary Use Permit) City of Gilroy STAFF REPORT Agenda Item Title: 12 Month Time Extension Request for Tentative Map TM 13-03 for the Development of a Subdivision of Approximately 2.67 Acres Located Southwest of Santa Teresa Boulevard, South of the Ballybunion Drive/Santa Teresa Boulevard Intersection, Applicant Tim Filice representing Glen Loma Group Meeting Date: June 18, 2018 From: Gabriel Gonzalez, City Administrator Department: Community Development Department Submitted By: Kristi Abrams Prepared By: Kristi Abrams Strategic Plan Goals Fiscal Stability  Downtown Revitalization ☐ Economic Development ☐ Customer Service ☐Enhanced Public Safety RECOMMENDATION Adoption of a Resolution of the City Council of the City of Gilroy approving a 12-month extension of tentative map TM 13-03 creating six single-family residential lots, three open space parcels and a private street at a property located southwest of Santa Teresa Boulevard, south of the Ballybunion Drive/Santa Teresa Boulevard intersection APNS 810-42-001 and 810-72-036, filed by Glen Loma Group. EXECUTIVE SUMMARY This project is located within the Eagle Ridge development and is commonly known as the Kroeger tentative map, TM 13-03. The City Council approved TM 13-03 on July 5, 2016. In accordance with Section 21.41(i) of the Gilroy City Code (GCC), initial approval of this tentative map was valid for 24 months, giving this project an expiration date of July 5, 2018, unless further extended. This code section further permits 3 one - year tentative map extensions, which may be approved at the discretion of the City 10.C Packet Pg. 320 Council. The Glen Loma Group requests approval of an extension for this tentative map. If approved, the new tentative map approval date would be July 5, 2019. BACKGROUND On August 1, 2016, the City Council rezoned the 2.67 acre Kroeger property from Residential Hillside (RH) to Residential Hillside/Planned Unit Development (RH/PUD) and allowed it to be incorporated into the Eagle Ridge PUD (zone change application Z 15-09). Incorporating the property into the Eagle Ridge PUD allows the Kroeger property to develop in accordance with the regulations set forth in the underlying Eagle Ridge PUD approval. The PUD sets forth minimum 7,000+/- square-foot lot size standards, as well as setback standards. The City Council adopted a Mitigated Negative Declaration (MND) as part of the project approval. Some areas of concern identified in the MND as potentially being affected included: 1) The loss of a significant oak tree on lot 2. Mitigation measures were included to ensure the preservation of remaining significant trees (AES-1, -2, -3, and -4); 2) Potential impacts to nesting birds. Mitigation measure BIO-1 was included to avoid potential impacts to nesting birds; 3) Potential impacts to cultural resources. Mitigation measures CR-1 and CR-2 were included to avoid potential impacts to cultural resources; and, 4) Potential impacts to building foundations due to the project’s expansive soils. Mitigation measure GEO-1 was included to avoid potential impacts to the homes’ foundations. The MND determined that no significant adverse effects would be expected to result from the proposed development. The City Council considered the Kroeger subdivision (tentative map application TM 13 - 03) along with the PUD zone change application. The Kroeger subdivision would create six single-family residential lots, three open space parcels, and a private street (Adare Court). The private street would be consistent with City of Gilroy street standards. The lot sizes would range from 7,900+/- square feet to 11,050+/- square feet, meeting the minimum lot size standards set forth in the Eagle Ridge PUD. This subdivision obtained Residential Development Ordinance (RDO) allocations through the RDO Interim Exemption for Projects on Properties without Previously Awarded Allocations (GCC section 30.50.60 l). Future homes developed within the Kroeger subdivision would develop in accordance with approved PUD setback standards. In addition, in accordance with the PUD, the architectural and site review approval for future homes in this subdivision would occur at a staff level. 10.C Packet Pg. 321 ANALYSIS The developer, Glen Loma Group, requests a one-year tentative map extension, providing for a new map expiration date of July 5, 2019. GCC Section 21.41 (i) provides that initial approval of a tentative map is valid for 24 months and permits three one -year tentative map extensions, at the discretion of the City Council. This request is the first one-year extension request for this tentative map. The developer has submitted the final map for this project and is actively pursuing final map approval. However, unforeseen constraints related to Santa Clara Valley Habitat Plan requirements resulted in minor map changes that have delayed completio n of the final map and improvement plans. Although the proposed final map is in substantial conformance with the approved tentative map, the delays may prevent the developer from completing the final map process prior to the July 5, 2018 expiration date. Permitting a one-year extension would allow the developer to complete final map processing prior to tentative map expiration. The developer’s tentative map extension letter of request is attached to this staff report and provides further information abou t this extension request (see Attachment 1). The approved tentative map plans are attached as Attachment 2 to this report. Housing Accountability Act: The State of California enacted the Housing Accountability Act in 1982. The intent of the law is to promote housing development in response to the dire housing crisis in California. As a result, this law limits the ability of local government to deny any new housing development. Government Code Section 65589.5(j) states that a “proposed housing development project cannot be denied if it complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the housing development project’s application is determined to be complete.” In 2016, the original project was deemed complete and approved by City Council with conditions of approval. The requested time extension considers the housing project to be complete based on the fact that the development complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards. At this time, the applicant proposes no changes to the approved project and conditions of approval. Residential Development Ordinance (RDO) Allocation Should the requested extension be denied, the 6 RDO allocations for this project would expire. No RDO units remain for allocation, and the City Council does not anticipate allocating additional RDO units until after adoption of the Gilroy 2040 General Plan, currently anticipated to occur by the end of 2019 or early 2020. Thus, if this extension request is denied, the property would remain undeveloped until after completion of the General Plan process. 10.C Packet Pg. 322 Since the original tentative map approval, no development standards or conditions of approval have changed. All current project conditions are consistent with current City standards such that staff does not recommend any changes to conditions. Additional Extension Requests If the City Council grants a one-year extension, the developer will have an opportunity to submit two additional extension requests, one in each of the next two years. The developer does not anticipate requesting any additional extensions. Should the requested extension be approved, the applicant must comply with all conditions of approval, and process and record the final map by July 5, 2019. ALTERNATIVES The City Council has the option to approve, deny, or modify the extension of tentative map application TM 13-03. Subdivision Map Act section 66498.1 (c) allows government agencies to condition or deny an extension if it determines that: a. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health o r safety, or both. b. The condition or denial is required, in order to comply with state or federal law. 1. Council may approve this extension request with the original conditions of approval, included in the resolution (Attachment 3). Recommended. The original tentative map approval, development standards and standard conditions of approval have not changed. Furthermore, staff finds that the findings in Subdivision Map Act section 66498.1 (c) do not apply. 2. Council may deny the time extension. Not recommended. Should the City Council deny the time extension, the applicant would not be able to further proceed with processing the final map. In this case, the City Council would need to make the necessary findings to deny a tentative map. 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. Costs associated with preparation of the final map and improvement plans will also be paid by the applicant. CONCLUSION Staff finds the proposed request consistent with the Gilroy City Code. Approval of a tentative map extension for TM 13-03 will allow approval of the final map and subsequent development of the Kroeger subdivision, and is consistent with the findings required for approval. Therefore, staff recommends approval of the extension for tentative map application TM 13-03 with incorporation of the conditions of approval contained in the attached resolution (Attachment 3). NEXT STEPS 10.C Packet Pg. 323 With approval of the recommended action, the developer may continue processing the final map and improvement plans. The final map would need to be recorded prior to July 5, 2019. Otherwise, the map will expire, unless the developer requests, and the City Council grants, a second extension. PUBLIC OUTREACH Property owner information (i.e. list, labels, and map) within 500 feet of the subject site were generated by Old Republic Title Company and notice of the public hearing was mailed to surrounding property owners prior to approval of tentative map application TM 13-03. Public hearing notices are not required for consideration of a tentative map extension. Attachments: 1. Extension Letter of Request 2. Project Plans 3. Resolution TM 13-03 Time Extension 10.C Packet Pg. 324 10.C.a Packet Pg. 325 Attachment: Extension Letter of Request (1692 : TM 13-03 Time Extension - Kroeger Map) 10.C.bPacket Pg. 326Attachment: Project Plans (1692 : TM 13-03 Time Extension - Kroeger Map) 10.C.bPacket Pg. 327Attachment: Project Plans (1692 : TM 13-03 Time Extension - Kroeger Map) 10.C.bPacket Pg. 328Attachment: Project Plans (1692 : TM 13-03 Time Extension - Kroeger Map) 10.C.bPacket Pg. 329Attachment: Project Plans (1692 : TM 13-03 Time Extension - Kroeger Map) 1 4827-9873-2647v1 JH\04706089 RESOLUTION NO. 2018-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A 12-MONTH EXTENSION OF TENTATIVE MAP TM 13- 03 CREATING SIX SINGLE-FAMILY RESIDENTIAL LOTS, THREE OPEN SPACE PARCELS AND ONE PRIVATE STREET AT A PROPERTY LOCATED SOUTHWEST OF SANTA TERESA BOULEVARD, SOUTH OF THE BALLYBUNION DRIVE/SANTA TERESA BOULEVARD INTERSECTION, APNS 810-42-001 and 810-72- 036, FILED BY GLEN LOMA GROUP WHEREAS, the Glen Loma Group (“Developer”) submitted an application requesting a tentative map to subdivide an approximate 2.67 gross acre site into six single-family lots, three open space parcels, and a private street (“Project”); and WHEREAS, the subject property is located adjacent to the Eagle Ridge subdivision, located southwest of Santa Teresa Boulevard, south of the Ballybunion Drive/Santa Teresa Boulevard intersection; and WHEREAS, on September 3, 1996, the City of Gilroy approved A/S 96-17, via Council Resolution No. 96-57, establishing the development standards for the Eagle Ridge planned development; and WHEREAS, the Project is located adjacent to the Eagle Ridge development and is requesting to develop in accordance with the Planned Development standards of the Eagle Ridge development approved via Council Resolution No. 96-57 for Planned Development Architectural and Site Review application A/S 96-17 (“A/S 96-17”); and WHEREAS, TM 13-03 was referred to various public utility companies and city departments, including the Technical Advisory Committee for recommendations; and WHEREAS, on June 2, 2016, the Planning Commission considered TM 13-03 in accordance with the Gilroy Zoning Code, and other applicable standards and regulation and found that it conformed to the City's General Plan and elements thereof and the Eagle Ridge planned development; and WHEREAS, on June 2, 2016, the Planning Commission considered the Staff report dated June 2, 2016, along with testimony received at a duly noticed public hearing and other materials and recommend that the Council approve TM 13-03; and 10.C.c Packet Pg. 330 Attachment: Resolution TM 13-03 Time Extension [Revision 3] (1692 : TM 13-03 Time Extension - Kroeger Map) 2 RESOLUTION NO. 2018-XX 4827-9873-2647v1 JH\04706089 WHEREAS, an initial study and mitigated negative declaration were prepared for this project; and WHEREAS, no significant adverse effects are expected to result from the proposed development, and the City Council made the necessary findings to adopt the mitigated negative declaration; and WHEREAS, a mitigation monitoring and reporting plan was prepared, consistent with the mitigated negative declaration; and WHEREAS, on July 5, 2016, the City Council considered the Staff Reports dated June 2, and July 5, 2016, along with testimony received at a duly noticed public hearing and other materials regarding TM 13-03; and WHEREAS, the City Council found that the Developer agrees with the necessity of and accepts all elements, requirements, and conditions of this resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this subdivision in particular. WHEREAS, the City Council approved tentative map application TM 13-03 on July 5, 2016, providing for a tentative map expiration date of July 5, 2018; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this Project approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: SECTION I On July 5, 2016, the City Council made the following findings, and as of the date of this extension request for TM 13-03 the City Council finds that these findings remain true and accurate, and no new evidence in the record contradicts these findings: 1. Public utilities and infrastructure improvements needed to serve the Project are in close proximity to the Project site. 2. The proposed Project is consistent with the City's Zoning Ordinance and the city’s Subdivision and Land Development Code, and with the State Subdivision Map Act. 3. The proposed Project is consistent with the intent of the goals and policies of the General Plan and the land use designation for the property on the General Plan map (Low 10.C.c Packet Pg. 331 Attachment: Resolution TM 13-03 Time Extension [Revision 3] (1692 : TM 13-03 Time Extension - Kroeger Map) 3 RESOLUTION NO. 2018-XX 4827-9873-2647v1 JH\04706089 Density Residential). 4. The Project is consistent with the surrounding development. 5. There is no substantial evidence in the entire record that there will be any new significant environmental impacts as a result of this Project due to the required mitigation measures to be applied. SECTION II The extension of Tentative Map TM 13-03 to July 5, 2019 is hereby approved, subject to the following conditions: Note: The following abbreviations identify the City department or division responsible for determining compliance with these standard conditions. The first group listed has responsibility for compliance at plan check, the second confirms compliance with the condition at final inspection, prior to final occupancy or issuance of a certificate of occupancy, or as specified in the condition. If only one group is identified, they have responsibilities from initial review through compliance verification. Internal information shown in italics at the end of each condition provides internal reference for the condition: Some are standard permit conditions (e.g. G-1) while some are taken from environmental documents (e.g. MND-S2). RESPONSIBLE DEPARTMENTS/DIVISIONS BL Building Division/Inspectors PK Parks/Landscape Design CA City Attorney PL Planning Division CE Code Enforcement PW Public Works/Engineering FD Fire Department TR Traffic Division PD Police Department WW Wastewater/Source Control GENERAL PROJECT CONDITIONS 1. This permit is granted for the property described in the application on file with the Planning Division, and may not be transferred from one property to another, unless requested by the applicant and granted by the Planning Manager, pursuant to the City Code. (PL, G-1) 2. This permit is granted for approved plans (“the plans”) on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions. Any subsequent modification or deviation to the approved plans shall be considered by the Planning Manager, may require separate discretionary approval and shall conform to City Code requirements or policies adopted by City Council. (PL, G-2) 3. Developer means permit applicant, property owner, and/or tenants using the space(s) for the intended use(s). Compliance with project conditions is expected for the life of the project. (CA, G-3) 10.C.c Packet Pg. 332 Attachment: Resolution TM 13-03 Time Extension [Revision 3] (1692 : TM 13-03 Time Extension - Kroeger Map) 4 RESOLUTION NO. 2018-XX 4827-9873-2647v1 JH\04706089 4. An approved tentative map shall expire twenty-four (24) months from the approval date. (PL, G-6) 5. Should Developer intend to request an extension to the permit expiration date, Developer must submit to the Planning Division a written application with applicable fees prior to the expiration date. Only timely requests may be considered pursuant to the City Code. (PL, G- 7) 6. Failure to appeal this decision in a timely manner or commencement of any activity related to the project is understood to clarify the Developer’s acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein. (CA, G-8) 7. Developer shall complete all required off-site and on-site improvements related to the project, including structures, paving, and landscaping, prior to occupancy unless otherwise allowed by the Community Development Director. (BL, G-9) 8. Developer agrees, as a condition of adoption of this resolution, at Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against City or its officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. (CA, G-10) 9. Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail. (CA, G-11) 10. Developer shall complete the “Notice of Land Use Restrictions and Conditions” form, using the form provided by the City, for recording with the Santa Clara County Recorder. Before the City issues building permits, Developer shall submit the original completed, signed and notarized document, together with the required fees to the Planning Manager. (PL, G-12) 11. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to permit revocation pursuant to the City Code. (CA, G-13) PLANNING DIVISION STANDARD CONDITIONS 12. Developer acknowledges that because of water limitations placed on the city by its water providers, approval of this permit does not guarantee that the city will issue building 10.C.c Packet Pg. 333 Attachment: Resolution TM 13-03 Time Extension [Revision 3] (1692 : TM 13-03 Time Extension - Kroeger Map) 5 RESOLUTION NO. 2018-XX 4827-9873-2647v1 JH\04706089 permits. In the event the city is mandated to comply with Level 3 water shortage restrictions, issuance of building permits may be delayed and subject to implementation and/or compliance with mandated water conservation or allocation plans. (PL/PW, PL-1) 13. All project on-site lighting shall be of a type and in a location that does not constitute a hazard to vehicular traffic, either on private property or on public property, including streets. Such lighting shall not conflict with drainage plans, landscape plans, tree locations, parking spaces, or any other such land use concerns. (PL, PL-7) 14. Prior to submittal of landscape and irrigation plans, Developer shall obtain approval of the Planning Manager or designee of a plan showing on the project property all existing trees and identifying the trees to be saved, transplanted or removed. (PK, PK-1) 15. Developer shall properly maintain landscape planting and all irrigation systems as required by the City Code and as specified by this permit. Failure of Developer to do so may result in the revocation of this permit and initiation of legal proceedings against Developer to ensure compliance (PK, PK-4) 16. At the time of planting, Developer shall provide at least 24-ince box size for all new trees planted on the subject property by. All shrubs and vines planted under the subject permit by the Developer shall be at least five-gallon size, except as otherwise specified by this permit. (PK, PK-6) PLANNING DIVISION SPECIAL CONDITIONS 17. Trees number 4 and number 5 shall be retained on the site. Prior to the onset of construction, tree protection zones shall be established around the two remaining trees on Lot 2, and around the on-site trees adjacent to McCutchin Canyon creek in proximity to Lot 1 and Lot 3. The tree protection zones are intended to minimize root damage from grading, soil compaction, and other construction activities. (MND, AES-1) a. The tree protection zone shall consist of orange barrier fencing supported by metal “T rail” fence posts and shall extend beyond the driplines of each tree facing construction areas. b. Trees number 4 and number 5 shall be protected in a single enclosure. c. The operation of heavy machinery within the tree protection zone shall be avoided. Where it cannot be avoided, no machinery shall be allowed within the tree protection zone without first installing a layer of mulch or pea gravel at a minimum four inch depth within the dripline and placement of ¾-inch plywood sheets over the mulch. d. Tree protection zones shall be kept free from litter and debris. e. Construction materials, paints and solvents shall not be stockpiled within the tree protection zone. 18. The project proponent shall obtain approval from the Planning Division Manager prior to the removal of any significant tree. (MND, AES-2) 10.C.c Packet Pg. 334 Attachment: Resolution TM 13-03 Time Extension [Revision 3] (1692 : TM 13-03 Time Extension - Kroeger Map) 6 RESOLUTION NO. 2018-XX 4827-9873-2647v1 JH\04706089 19. Pruning and/or tree removal shall be undertaken only under the direction of a certified arborist. (MND, AES-3) 20. Replacement of any native tree removed from the site species is required with a minimum 2:1 ratio (with good health maintained and monitored for a minimum of five years). The species and locations of all replacement trees shall be indicated on the Final Landscape Plans. (MND, AES-4) 21. To avoid potential impacts to nesting birds, noise-generating construction activities and vegetation removal should be scheduled to take place outside of the nesting bird season, (February 1 to August 31). If construction occurs during the nesting season, then a qualified biologist will conduct a pre-construction survey for nesting birds to ensure that no nests would be disturbed during project construction. This survey will be conducted no more than seven days prior to the initiation of disturbance activities during the early part of the nesting season (February through April) and no more than 30 days prior to the initiation of disturbance activities during the late part of the nesting season (May through August). If no active nests are present within 250 feet of construction, then activities can proceed as scheduled. However, if an active nest is detected during the survey within 250 feet of construction, then the establishment of a protective construction-free buffer zone from each active nest (typically 250 feet for raptors and 50-100 feet for other species) will be clearly delineated or fenced until the juvenile bird(s) have fledged (left the nest), unless the biologist determines that construction noise would not impact the active nest. If pre-construction nesting bird surveys are necessary, based upon the requirements of this mitigation measure, then a brief pre-construction survey report shall be prepared prior to commencement of construction activities, subject to review and approval by the City Planning Division. (MND, BIO-1) 22. 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, subject to the review and approval of the Gilroy Planning Division (pursuant to Gilroy General Plan Policy 5.07): 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. (MND, CR-1) 23. 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 the 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: “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 10.C.c Packet Pg. 335 Attachment: Resolution TM 13-03 Time Extension [Revision 3] (1692 : TM 13-03 Time Extension - Kroeger Map) 7 RESOLUTION NO. 2018-XX 4827-9873-2647v1 JH\04706089 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.” (MND, CR-2) 24. The applicant shall incorporate the design recommendations from the ENGEO geotechnical exploration report into the design of the project. The recommendations are listed on pages 15 through 29 of the geotechnical exploration report, also included as Appendix B of the attached initial study. (MND, GEO-1) PUBLIC WORKS/ENGINEERING DIVISION STANDARD CONDITIONS 25. GENERAL a. Developer shall perform all work in compliance with the City of Gilroy Specifications Standards and Design Criteria and is subject to all laws of the City of Gilroy by reference. 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. b. 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. c. The applicant shall obtain all necessary permits from federal, state, and local agencies as required to construct the proposed improvements including, but not limited to, the Santa Clara County Roads & Airports Department. d. All existing utility poles shall be removed, and all utilities placed underground. No new poles are allowed. 26. FEES a. 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, Traffic, and Public Facilities Development Impact Fees are due prior to building occupancy. Note that there will be a fee increase beginning 7/1/2016. 10.C.c Packet Pg. 336 Attachment: Resolution TM 13-03 Time Extension [Revision 3] (1692 : TM 13-03 Time Extension - Kroeger Map) 8 RESOLUTION NO. 2018-XX 4827-9873-2647v1 JH\04706089 b. 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. c. Prior to final map/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. d. The fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with city policy. 27. GRADING/DRAINAGE a. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. 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. 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 Improvement Plan/Final Map approval. b. 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. c. Prior to issuance of the first building permit, the applicant’s soils engineer shall review the final grading and drainage plans to ensure that designs for 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. 28. 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. 10.C.c Packet Pg. 337 Attachment: Resolution TM 13-03 Time Extension [Revision 3] (1692 : TM 13-03 Time Extension - Kroeger Map) 9 RESOLUTION NO. 2018-XX 4827-9873-2647v1 JH\04706089 a. All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. b. Recycled water shall be used for construction water, where available, as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District’s municipal industrial rate. c. Where recycled water is not available, as determined by the Public Works Director, potable water shall be used. All City potable water will be billed based on the City’s comprehensive fee schedule under the Portable Fire hydrant meter rate. 29. 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. 30. UTILITIES a. Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. b. 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. c. The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director. d. Storm and sewer lines in private areas shall be privately maintained unless approved by the Public Works Director. e. 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: I. 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). II. 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. III. “Will Serve Letter” from each utility company for the subdivision shall be supplied to the City. f. Joint trench composite plans shall be approved prior to final map/improvement plan approval or as otherwise determined by the Public Works Director/City Engineer. g. 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. h. Prior to any construction of the dry utilities in the field, the following will need to be 10.C.c Packet Pg. 338 Attachment: Resolution TM 13-03 Time Extension [Revision 3] (1692 : TM 13-03 Time Extension - Kroeger Map) 10 RESOLUTION NO. 2018-XX 4827-9873-2647v1 JH\04706089 supplied to the City: I. A professional engineer-signed and PG&E-approved 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. 31. NOTICING: At least one week prior to commencement of work, the Developer shall post at the site and mail to owners of property within (300') three 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. 32. START OF CONTRUCTION: 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. 33. WORKING HOURS: 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 will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 34. WORK INSPECTION: All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 35. HAUL PERMIT: 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. 36. DUST CONTROL: 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 10.C.c Packet Pg. 339 Attachment: Resolution TM 13-03 Time Extension [Revision 3] (1692 : TM 13-03 Time Extension - Kroeger Map) 11 RESOLUTION NO. 2018-XX 4827-9873-2647v1 JH\04706089 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. 37. CONSTRUCTION STREET 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). 38. STREET MAINTENANCE: 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. 39. STREET NAME SIGNS: The permanent street name signs shall be installed immediately after the curb and gutter construction is complete. 40. MONUMENTS a. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. b. Location of monuments shall be tied out prior to work. Any City monument damaged, displaced or destroyed shall be replaced at the developer's sole expense. c. 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. 41. GRADE CERTIFICATION: 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. 42. ACCEPTANCE OF IMPROVEMENTS: 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 10.C.c Packet Pg. 340 Attachment: Resolution TM 13-03 Time Extension [Revision 3] (1692 : TM 13-03 Time Extension - Kroeger Map) 12 RESOLUTION NO. 2018-XX 4827-9873-2647v1 JH\04706089 responsibility of and are hereby assumed by the Developer. PUBLIC WORKS/ENGINEERING DIVISION SPECIAL CONDITIONS 43. STORMWATER: This project is subject to post-construction stormwater quality requirements per Chapter 27D of the Gilroy Municipal Code. a. At grading permit phase, submit an updated Stormwater Management Plan and final signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. b. Stormwater BMP Operation and Maintenance Agreement I. Prior to the issuance of the first building permit, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management treatment BMPs. The City-standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. II. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. III. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. IV. All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s), an owners' or homeowners' association or other legal entity approved by the City. V. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans. VI. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan. c. 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; 10.C.c Packet Pg. 341 Attachment: Resolution TM 13-03 Time Extension [Revision 3] (1692 : TM 13-03 Time Extension - Kroeger Map) 13 RESOLUTION NO. 2018-XX 4827-9873-2647v1 JH\04706089 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. d. 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. FIRE DEPARTMENT STANDARD CONDITIONS 44. Fire Hydrants shall be able to flow 1,500 gpm with a 20 psi residual pressure. Street Hydrants shall be spaced every 300 feet, and within 150 feet of any building. 45. All homes shall be provided with a minimum 1.5 inch water lateral and 1 inch meters to allow for a residential NFPA 13d fire sprinkler system. Plot plans for tract homes shall specify that the house is to be provided with fire sprinklers. 46. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than 13.5 feet shall be provided. Turning radii shall not be less than 32 feet inside and 39 feet outside. Where parking is restricted, it shall be posted with signs stating “No Parking-Fire Lane” or curbs shall be painted red. Parking restrictions shall be provided as follows: a. Road width less than 28 feet: no parking on either side b. Road width 29-36 feet: no parking on one side. c. 36 feet or greater: parking not restricted. 47. Prior to improvement plan approval, the developer shall prepare landscaping plans showing three Valley oak trees within the landscape buffer area adjacent to Santa Teresa Boulevard. The trees shall be planted prior to tract acceptance. Additional landscaping within the buffer area will be required as part of the improvement plans and/or architectural and site review application, whichever comes first, and will be subject to the review and approval of the Planning Division. PASSED AND ADOPTED on this 18th day of June, 2018, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 10.C.c Packet Pg. 342 Attachment: Resolution TM 13-03 Time Extension [Revision 3] (1692 : TM 13-03 Time Extension - Kroeger Map) 14 RESOLUTION NO. 2018-XX 4827-9873-2647v1 JH\04706089 APPROVED: ___________________________ Roland Velasco, Mayor ATTEST: ________________________________ Shawna Freels, City Clerk 10.C.c Packet Pg. 343 Attachment: Resolution TM 13-03 Time Extension [Revision 3] (1692 : TM 13-03 Time Extension - Kroeger Map) City of Gilroy STAFF REPORT Agenda Item Title: Quality of Life Crime and Homelessness Plan Meeting Date: June 18, 2018 From: Gabriel Gonzalez, City Administrator Department: Police Department Submitted By: Scot Smithee Prepared By: Scot Smithee Strategic Plan Goals Fiscal Stability  Downtown Revitalization ☐ Economic Development ☐ Customer Service ☐Enhanced Public Safety RECOMMENDATION Receive Report. EXECUTIVE SUMMARY The purpose of this report is to expand on the original Homelessness 15-Point Plan and include other agencies that provide programs, support, staff and funding to address these issues. This plan includes services provided by the City of Gilroy, the County of Santa Clara and Community Based Organizations. The intent is for this to be a living document that is fluid and easily updated as new ideas, services, and funding present themselves. Rather than just being a Police Department Plan, it is intended to be a collaboration of many different agencies and service p roviders attempting to address the problem of homelessness and quality of life crime in Gilroy. By comparing the first quarter calls for service for the past 4 years, 2018 has shown a significant increase in quality of life calls generated by both the communities’ calls for service and by officer initiated calls. An increase in officer initiated calls for service can be attributed to the proactive enforcement details approved by Council which began in February, 2018. A list of current activities 10.D Packet Pg. 344 The Police Departments proactive enforcement is supported by the Public Works Department who provides trash removal and transportation of personal property. It is also supported by the City Attorney’s Office who has begun prosecuting repeat offenders of the Gilroy Municipal Code. The City has seen an increase in cases involving mental health crisis. The Fire Department is piloting a program and the County Behavioral Health Department is deploying Mental Health Crises Councilors in the South County area to address this issue. Both the Fire Department pilot program and the Co unty mental Health Crisis teams are designed to provide evaluation of mental health cases with the goal of reducing commitments to the Emergency Psychiatric Department at Valley Medical Center. Alternate destinations and treatment options will be used whenever possible to enhance the likelihood of a successful outcome for persons in mental crises. The various services provided by the City, County agencies and Community Based Organizations are identified to include the specific efforts, programs and services currently offered by each entity. Finally, short term, mid-term and long term options are identified for working to increase our collective effectiveness in addressing homelessness issues and quality of life calls. BACKGROUND The Gilroy Police Department first developed a plan to address homeless issues within the City in 2010. The plan became known as the Gilroy Police Department’s “Homelessness 15-Point Plan”. Updates have been provided to Council on this 15-point plan over the years to include August 19, 2010; July 1, 2013; February 3, 2014; December 1, 2014; January 26, 2015; and February 22, 2016. On January 17, 2018 staff made a presentation to Council on crime within the City, and more specifically quality of life crimes committed by homeless individuals. Police Department staff distributes information to homeless individuals on various programs and services available to assist them. This information is routinely provided when an officer comes in contact with a homeless individual. Aside from providing information on services, the focus of the Police Department is addressing criminal behavior. Homeless individuals that commit quality of life crimes in our community and new strategies to deal with those crimes were a major point of discussion. At the February 26, 2018 Council meeting a budget amendment was presented requesting an additional $50,000 for the Police Department to fund overtime shifts specifically dedicated to addressing these quality of life crimes. An additional $50,000 was requested for the City Attorney’s Office for the prosecution of quality of life crimes, and $37,000 was requested to fund additional part time staff in the Public Works Department to support these efforts with the collection of personal property and trash. DISCUSSION 10.D Packet Pg. 345 Quality of life calls for service and proactive officer initiated activity is up significantly in the first quarter of 2018. As the presentation to the City Council on quality of life issues was being prepared (for the January 17, 2018 Council meeting) it was discovered that not all quality of life calls were being documented and captured properly for statistical retrieval. This problem was rectified in January 2018. The increase in a ctivity for 2018 is significant, but the actual percentage of increase would be less than that reflected in the following charts due to under reporting of activity that occurred in 2017. The following charts illustrate the first quarter quality of life ca lls for the past 4 years: Community generated calls for service: 10.D Packet Pg. 346 Officer initiated calls for service: 10.D Packet Pg. 347 Arrest data is not subject to under reporting as identified in the overal l quality of life calls for service chart. All arrests for quality of life crimes are properly documented and provides for a more accurate representation of the trends associated to quality of life crime. The following identifies arrest data for the full years of 2015 through 2017. 0 20 40 60 80 100 120 140 QOL Arrests 2015 2016 2017 In January 2018 Council approved funding to deploy a two Officer team a minimum of once per week for five hour time periods with the sole purpose of addressing quality of life crimes. There were two such deployments in February, followed by four deployments in March, April and May for a total of 14 deployments. At five hours each deployment, a total of 70 hours of directed enforcement has been undertaken during the first four months of this program. Officers arrested/cited 68 individuals during this time period averaging almost one arrest/cite per hour of deployment. In addition they documented 114 patrol checks in problem areas in which complaints have been received and completed 80 field interviews with homeless individuals contacted in these areas. 10.D Packet Pg. 348 Below is a graph representing the activity of our quality of life crime directed enforcement program: Rather than focusing on efforts of the Gilroy Police Department alone, this report provides information on the efforts of various organizations involved in combating homelessness and quality of life crime in Gilroy. The purpose of this report is to view the quality of life issue from a more global perspective. 10.D Packet Pg. 349 The following is a graphical representation of those agencies and service providers: The efforts of the City of Gilroy, the County of Santa Clara and our local Community Based Organizations are each addressed under separate headings. City of Gilroy Police Department 1. Continue distributing Homeless Outreach Resource Guides to homeless individuals and encourage participation in these programs. 2. Patrol personnel will take a proactive no tolerance approach to those committing quality of life crimes. 3. The Department will deploy a two Officer team a minimum of once per week for five hour time periods with the sole purpose of addressing quality of life crimes. 4. The Department will provide prior posting of illegal encampments as required by law for any scheduled cleanup of waste and environmental hazards. Advanced notice will be provided to community service providers of upcoming clean up days. 5. The Department will deploy two Officers to support the homeless encampment clean up held one to two days per month in partnership with the Santa Clara 10.D Packet Pg. 350 Valley Water District. Encampments not covered by the Water District will be handled in conjunction with part time Gilroy Public Works staff. 6. Implement a community engagement project plan. This plan includes specific components related to homelessness and quality of life crimes. A guide for dealing with homeless issues is being developed for distribution. The guide includes information on what conduct should be reported to the Police, and how to avoid problems associated with homeless individuals. This form can be handed out by City staff, mailed out in water bills, posted on the City web site, and distributed via our social media platforms. These guides will also be translated and disseminated to our Spanish-speaking community. 7. A business community engagement plan will provide information on steps they can take to mitigate quality of life crime impacts. Information will include prevention techniques for discouraging homeless related problems around their business. By educating business owners on trespassing laws the Police Department can act as their agent when their businesses are closed. Once a business installs appropriate signage in compliance with the law, the business can sign authorization forms giving the Police Department authority to enforce trespassing violations without the need for a citizen’s arrest. Essentially, an officer can make an arrest for trespassing without the business owner or employee present. 8. Enforce laws preventing camping in City parks. 9. Continue locking public restrooms in all City parks from 10:00 pm (park closing time) until dawn. 10. Continue to enforce alcohol violations in City parks. 11. Proactively support and enforce laws related to shopping cart abatement. Public Works Department Supported by the $37,000 authorized by Council the Public Works Department will deploy a two person truck in coordination with the Police Department’s quality of life enforcement team a minimum of once per week for five hour time periods. This team will support the quality of life crimes enforcement and provide cleanup services and transportation of materials collected as a result of enforcement efforts. Fire Department The Fire Department has just completed an additional 50 hours of training for all of their 18 Paramedics on evaluating mental health cases. The City of Gilroy is the first in the County to implement this new community paramedicine pilot program. The goal is to provide additional evaluation for patients experiencing a behavioral health crisis at home or in the community and when appropriate, recommend alternative destinations rather than the current practice of sending all mental health patients to Emergency 10.D Packet Pg. 351 Psychiatric Services in San Jose. Since many homeless individuals suffer from mental health related problems this new program could provide more effective alternatives. The Fire Department statistics report last year 187 patients were transported to Emergency Psychiatric Services, but only 3 of them were actually admitted to the hospital. The Fire Department reports for the time period of 1/10/18 through 4/23/18 that 1/5 th of their total calls for service are related to homeless individuals. This averages to 3.21 calls per day or 331 calls out of 1,559 total calls for service during this time period. City Attorney The City Attorney is responsible for prosecuting all Gilroy Municipal Code violations. Most of these violations are quality of life crimes. All quality of life crimes are scheduled to appear in superior court on the same day (Resource Court). Supportive services are coordinated and scheduled to be at the court house on these dates to offer services to these defendants. The City Attorney typically dismisses Municipal Code violations if the defendant agrees to seek services from these providers. Some individuals are repeat offenders and this option has proved to be ineffective. The City Council appropriated an additional $50,000 for the City Attorney to prosecute these repeat offenders rather than continuing to dismiss these cases. This is a pilot program and will be monitored to ensure the cost is appropriate when compared to the benefit. County of Santa Clara Behavioral Health Department The Behavioral Health Department will be deploying two Mental Health Crisis Response Teams consisting of two licensed mental health clinicians on each team serving Morgan Hill, San Martin and Gilroy. The teams will provide support seven days a week from 11:00 am to midnight. These teams will be assigned to an office in Gilroy and will respond with the Police Department to evaluate mental health cases. There are a number of mental health cases involving homeless individuals. These clinicians will have the ability to re-direct these mental health patients, when appropriate, from the emergency psychiatric department to other behavioral health services in the County to include longer term direct care and supportive services. The goal is to stabilize patients, provide support and increase the likelihood of service continuum. The first of these crisis response teams is scheduled to start offering service in Gilroy in June 2018. The second team will be deployed as soon as new crisis intervention counselors are hired and trained. The City of Gilroy has been experiencing an increase in calls for service related to mental health crisis (Welfare & Institutions Code 5150). A portion of these calls for service are related to our homeless population which will benefit from these crisis intervention counselors. 10.D Packet Pg. 352 Office of Supportive Housing Cold Weather Shelter - The Office of Supportive Housing funds the cold weather shelter run by Home First at the Gilroy Armory. The shelter is not open year round, and has an operational period each year from November through April 15th. The hours of operation are 6:00 pm until 6:00 am during the operating period. The Gilroy Armory Cold Weather Shelter was previously a drop-in service. Anyone who came to the Armory could request a bed for the evening. This process has been changed to a referral basis. Once a referral has been made and accepted that person has a reserved bed every night for the period of time needed. The only way to get a bed at the Armory under the current system is to have a referral from one of the participating agencies. Participating agencies capable of providing referrals include:  St. Joseph’s Family Center  Community Solutions  Gilroy Compassion Center  City of Gilroy Housing Department  Gilroy Police Department  City of Morgan Hill Housing Department  Saint Louise Hospital Social Service Department  Sourcewise – A County-wide Non-Profit Group 10.D Packet Pg. 353  Lifted Spirits – A Women’s Support Group Although the majority of the agencies providing referrals are local to Gilroy, there are circumstances where clients from outside of Gilroy are referred to the Gilroy cold weather shelter. For example, social workers from Valley Medical Center who needed shelter options for patients leaving the hospital and in a few circumstances when the cold weather shelter in Sunnyvale was at capacity. The percentage of South County homeless residents in comparison to those from outside the South County area are as follows:  58% of clients reported being from the South County;  20% of clients reported being from outside of Santa Clara County; and,  22% of clients were from other Cities within Santa Clara County. There is a process by which persons arriving at the cold weather shelter can apply for a referral with Home First and be approved. Coordinated Assessment for Supportive Housing - Coordinated assessment is a consistent, community-wide intake process to match people experiencing homelessness to existing community resources that are best fit for their situation. Santa Clara County has been using coordinated assessment for a few years for permanent supportive housing and rapid rehousing programs. They have expanded coordinated assessment to shelter and transitional housing programs as well. In Santa Clara County’s coordinated assessment system, all homeless people complete a standard assessment tool (the Vulnerability Index-Service Prioritization Decision Assessment Tool or VI-SPDAT) that considers the household’s situation and identifies the best type of housing intervention to address their situation. A community queue of eligible households is generated from the standard assessment. The community queue is used to fill spaces in the permanent housing programs, including permanent supportive housing and rapid rehousing, in the County. This coordinated process reduces the need for people to traverse the county seeking assistance at every se rvice provider separately. Measure A Funding - In November 2016, Santa Clara County voters approved Measure A – the $950 million affordable housing bond. The housing bond provides the County with an opportunity to partner with cities, residents, and the affordable and supportive housing community to address the housing needs of the poorest and most vulnerable residents. It will provide affordable housing for vulnerable populations including veterans, seniors, the disabled, low and moderate income individu als or families, foster youth, victims of abuse, the homeless and individuals suffering from mental health or substance abuse illnesses. The bond proceeds should contribute to the creation and/or preservation of approximately 5,100 affordable housing units in the County. 10.D Packet Pg. 354 The Housing Bond will enhance the County’s ability to achieve its housing priorities which include:  Increasing the scope and breadth of supportive housing for special needs populations, including homeless and chronically homeless persons;  Increasing the supply of housing that is affordable to extremely low income (ELI) households; and,  Improving coordination and collaboration among the County, the cities, other governmental agencies, and the affordable housing community. Re-Entry Center In 2011 Assembly Bill 109 was passed to reduce overcrowding in California Prisons. This bill was commonly referred to as “Realignment” because it shifted the burden for incarcerating and supervising lower level, non-violent offenders from the State to the Counties. In order to accomplish this, funding was re-distributed to the County. The re- entry center program was born from this funding to provide post release re-entry services with the goal of reducing recidivism. The County’s strategy was to create a collaborative adult re-entry network so their clients would have streamlined access to a network of resources. The first re-entry services center was opened in 2012. The County published a report on the re-entry services program in 2017 providing data for a five year period. The data provided in the report supports that re -entry services has had a positive effect on recidivism. For example, felons eligible for the AB 109 programs saw a reduction in recidivism from 56% in 2010 to 45% in 2016. The Gilroy re-entry center recently moved from the San Martin County Government Center to Murray Avenue in March 2018. Support Services provided by our re -entry center include:  Employment referrals;  Faith-based services;  Probation support;  Mental health assessments;  Substance abuse assessments;  Healthcare services; and,  Record expungement assistance. Santa Clara Valley Water District The Santa Clara Valley Water District provides creek clean up services one to two times per month. These clean ups are done in partnership with the Police Department. The Police Department takes care of the legal notice postings in compliance with the law. 10.D Packet Pg. 355 The Police also provide security and enforcement when necessary during the actual clean up events. Community Based Organizations Compassion Center The Compassion Center provides homeless services to include essentials, clothing, and snacks. They also coordinate mobile shower, medical and dental services. They run a camping program where homeless individuals are provided a camping space to stay as an alternative to living on the street. Services offered through the Compassion Center include: 1. Day Center  Drop-in center with basic needs including food, clothing, bathrooms, and personal hygiene supplies;  Weekly shower and laundry van service;  Weekly medical van;  Women’s support group; and,  Case management. 2. Almost Home Camping Program  Safe and legal campsites with showers;  Food;  Transportation; and,  Case management. 3. Project Homeless Connect  Biannual event that includes multiple service provide rs from around the County, and includes hot meals, clothing distribution and haircuts. 4. Saturday Suppers  Weekly potluck on Saturday afternoons. 5. Winter Shelter Support  Provide transportation from the Cold Weather Shelter to the Compassion Center for day service and case management assistance. Saint Joseph’s Center 10.D Packet Pg. 356 Saint Joseph’s Center provides meals, clothing, and essentials. They also manage various transitional housing programs to include: Homeless Prevention/Housing Specialist - Helping families/individuals maintain their current housing that are at-risk of homelessness due to unforeseen circumstances such as loss of employment or illness. Emergency financial aid is provided to alleviate the acute crisis, not a chronic need. A housing specialist (starting in July 2018) will assist clients with applications, financial literacy, credit repair, and interface with landlords and property owners in an attempt to help families secure safe, clean affordable housing. Ochoa Winter Shelter - A short-term shelter for up to 35 homeless families. This program utilizes the vacant units at the Ochoa Migrant Center during the off -season (December – March). Supported and funded through the Office of Supportive Housing. Case management, workshops, childcare, youth recreation and other services are offered during the program. Gilroy Armory Referrals and Case Management - During the recently expanded winter season (November – April), SJFC coordinates community partners to provide the referrals for access in the Gilroy Armory’s short term winter shelter (predominantly individuals). The referral process is focused on identifying South County’s homeless, who are the priority clients for the Gilroy Armory. SJFC helps identify a percentage of the individuals for case management and other, more intensive services. Gilroy Place- A permanent housing program that serves 12 chronically homeless individuals with disabling conditions. This “housing first” model provides permanent housing, case management, employment support and counseling services to help stabilize the lives of those who have been living on the streets for years. Referrals to openings in Gilroy Place come through the County of Santa Clara’s Coordinated Assessment, with an emphasis to identify those from South County. Our New Place - A permanent housing program for 11 families coming from a situation of domestic violence. This “housing first” model provides permanent housing, intensive case management, employment support and counseling services to help stabilize the lives of those who have been victims of domestic violence and move them towards better health, self-sufficiency and overall well-being. Referrals to openings in Our New Place come through the County of Santa Clara’s Coordinated Assessment, with an emphasis to identify those from South County. Sobrato Family Apartments - Provides an on-site case manager who works closely with the families living at the Sobrato Family Apartments, a development run by Eden Housing. The program is now under a permanent housing banner, not transitional, and serves up to 60 families. Gilroy Street Team - The Gilroy Street Team empowers homeless, and formerly homeless, individuals to assist with beautification projects around the city. Participation is rewarded with small stipends, and access to our employment services. The 10.D Packet Pg. 357 participants receive soft-skills training and coaching to better prepare them for employment opportunities. Faith Based Community Faith Based Organizations (FBOs) have historically been an invaluable resource fo r the homeless. Besides meeting spiritual needs, they are often able to provide essential items and services too. The City of Gilroy has partnerships with faith and inter-faith based coalitions. These partnerships can be an instrument through which a safe parking program can be developed. Future Possibilities In addition to the variety of services and strategies currently being deployed there are a number of potential opportunities and strategies that could further impact our homeless situation. These opportunities are listed according to feasibility to complete in the short term, intermediate term, or long term. Short term opportunities/strategies include: 1. Explore a potential cost sharing agreement to provide for one to two full time case management services counselors through the Office of Supportive Housing focused solely on Gilroy clientele. (Partial City funding required) Intermediate term opportunities/strategies include: 2. Create a homeless community response team. A team of individuals supported through community based organizations with the ability to respond to homeless type calls for service. Whenever possible they would provide support and assistance to address complaints. In other communities these teams pick up the homeless individual and transport them to a center offering support services. This would reduce the need for law enforcement response and intervention. (Potential funding through Community Based Organizations, grants and County agencies) 3. Explore feasibility to apply for and be awarded a Solid Waste Cleanup grant through the California Recycle Illegal Disposal Site Abatement Grant Program. (Potential Grant Funding) 4. Explore a safe parking program with support from community based organizations, the faith based community and volunteers. (Potential funding through Community Based Organizations, grants, County agencies, and the City) 5. Provide a restroom solution that is available 24 hours a day. (Potential funding through Community Based Organizations, grants, County agencies, and the City) Long term opportunities/strategies include: 10.D Packet Pg. 358 6. Explore funding opportunities to keep the Compassion Center open from 6:00 am through 6:00 pm in coordination with the cold weather shelter hours. (Potential funding through Community Based Organizations, grants and County agencies) 7. Hire a City of Gilroy Housing Specialist tasked with coordinating all available homeless services to include transitional housing, extremely low income housing, potential camping sites, and safe parking programs. (City funding required) 8. Provide a space homeless people could legally stay. For example, explore possible locations to develop a free camping program. Provide restrooms, garbage service, lighting, fencing, etc. (Potential funding through Community Based Organizations, grants, County agencies, and the City) 9. Explore and evaluate the Tiny Homes Village concept. Initial plans provide for tiny homes, bunkhouse accommodations for homeless and safe parking areas. (Potential funding through Community Based Organizations, grants, and County agencies) CONCLUSIONS The Gilroy Police Department will continue to work in collaboration with other agencies and service providers to address the problem of homelessness and quality of life crime in Gilroy. The attached homelessness plan will be updated as new strategies are implemented and/or current strategies are modified. Attachments: 1. Homeless Plan - 6-2018 10.D Packet Pg. 359 City of Gilroy Homeless Plan: Activities by Agency 1 | P a g e Agency Activities Gilroy Police Department 1. Continue distributing Homeless Outreach Resource Guides to homeless individuals and encourage participation in these programs. 2. Patrol personnel will take a proactive no tolerance approach to those committing quality of life crimes. 3. The Department will deploy a 2 Officer team a minimum of once per week for 5 hour time periods with the sole purpose of addressing quality of life crimes. 4. The Department will provide prior posting of illegal encampments as required by law for any scheduled cleanup of waste and environmental hazards. Advanced notice will be provided to community service providers of upcoming clean up days. 5. The Department will deploy 2 Officers to support the Homeless encampment clean up 1-2 days per month in partnership with the Santa Clara Valley Water District. Encampments not covered by the Water District will be handled in conjunction with part time Gilroy Public Works staff. 6. Implement a community engagement project plan. This plan includes specific components related to homelessness and quality of life crimes. A guide for dealing with homeless issues is being developed for distribution. The guide includes information on what conduct should be reported to the police, and how to avoid problems associated with homeless individuals. This form can be handed out by City staff, mailed out in water bills, posted on the City web site, and distributed via our social media platforms. These guides will also be translated and disseminated to our Spanish-Speaking Community. 7. A business community engagement plan will provide information on steps they can take to mitigate quality of life crime impacts. Information will include prevention techniques for discouraging homeless related problems around their business. By educating business owners on trespassing laws the police department can act as their agent when their businesses are closed. Once a business installs appropriate signage in compliance with the law, the business can sign authorization forms giving the police department authority to enforce trespassing violations without the need for a citizen’s arrest. Essentially, an officer can make an arrest for trespassing without the business owner or employee present. 8. Enforce laws preventing camping in City parks. 9. Continue locking public restrooms in all City parks from 10:00 pm (park closing time) until dawn. 10. Continue to enforce alcohol violations in City parks. 11. Proactively support and enforce laws related to shopping cart abatement. Gilroy Public Works Department Supported by funding authorized by Council, the Public Works Department will deploy a 2 person truck in coordination with the Police Departments quality of life enforcement team a minimum of once per week for 5 hour time periods. This team will support the quality of life crimes enforcement and provide cleanup services and transportation of materials collected as a result of enforcement efforts. Gilroy Fire Department The Fire Department has 18 Paramedics trained to evaluate mental health cases. The City of Gilroy is the first in the County to implement this new community paramedic pilot program. The goal is to provide additional evaluation for Patients experiencing a behavioral health crisis at home or in the community and when appropriate, recommend alternative destinations rather than the usual practice of sending all mental health patience to Emergency Psychiatric Services in San Jose. Since many homeless individuals suffer from mental health related problems this new program could provide more effective alternatives. The Fire Department statistics report last year 187 patients were transported to Emergency Psychiatric Services, but only 3 of them were actually admitted to the hospital. City of Gilroy Attorney The City Attorney is responsible for prosecuting all Gilroy Municipal Code violations. Most of these violations are quality o f life crimes. All quality of life crimes are scheduled to appear in superior court on the same day. Supportive services are coordinated and scheduled to be at the court house on these dates to offer services to these defendants. The City Attorney typically dismisses Municipal Code vi olations if the defendant agrees to seek services from these providers. Some individuals are repeat offenders and this option has proved to be ineffective. The City Council appropriated additional funding for the City Attorney to prosecute these repeat offenders rather than continuing to dismiss these cases. This is a pilot program and will be monitored to ensure the cost versus benefit is appropriate. 10.D.a Packet Pg. 360 Attachment: Homeless Plan - 6-2018 (1732 : Homelessness Plan) City of Gilroy Homeless Plan: Activities by Agency 2 | P a g e County of Santa Clara Behavioral Health Department The Behavioral Health Department will be deploying 2 Mental Health Crisis Response Teams consisting of 2 mental healt h clinicians on each team serving Morgan Hill, San Martin and Gilroy. The teams will provide support 7 days a week from 11:00 am to midnight. These teams will be assigned to an office in Gilroy and will respond with the Police to evaluate mental health cases. There are a number of mental health cases involving homeless individuals. These clinicians will have the ability to re-direct these mental health patients, when appropriate, from the emergency psychiatric department to other mental health services in the County to include longer term direct care and supportive services. The goal is to stabilize patients, provide support and increase the likelihood they will successfully manage their mental health issues. County of Santa Clara Office of Supportive Housing Cold Weather Shelter - The Office of Supportive Housing funds the cold weather shelter run by Home First at the Gilroy Armory. The shelter is not open year round, and has an operational period from November through April 15th. The hours of operation are 6:00 pm until 6:00 am during the operating season. The Gilroy Armory Cold Weather Shelter was previously a drop in service. Anyone who came to the Armory could request a bed f or the evening. This process has been changed to a referral basis. Once a referral has been made and accepted that person has a reserved bed every night for the period of time needed. The only way to get a bed at the Armory under the current system is to have a referral from one of the participating agencies. Participating agencies capable of providing referrals include:  St. Joseph’s Family Center  Community Solutions  Gilroy Compassion Center  City of Gilroy Housing Department  Gilroy Police Department  City of Morgan Hill Housing Department  Saint Louise Hospital Social Service Department  Sourcewise – A County Wide Non-Profit Group  Lifted Spirits – A Women’s Support Group  Include how referral system works and who can make referrals. Although the majority of the agencies providing referrals are local to Gilroy, there are circumstances where clients are referred to the Gilroy cold weather shelter. For example, social workers from Valley Medical Center who needed shelter options for patients leaving the hospital and in a few circumstances when the cold weather shelter in Sunnyvale was at capacity. There is a process by which persons arriving at the cold weather shelter can apply for a referral with Home First and be approved. County of Santa Clara Coordinated Assessment for Supportive Housing Coordinated assessment is a consistent, community-wide intake process to match people experiencing homelessness to existing community resources that are best fit for their situation. Santa Clara County has been using coordinated assessment for permanent supportive housing and rapid rehousing programs. They have expanded coordinated assessment to shelter and transitional housing programs as well. In Santa Clara County’s coordinated assessment system, all homeless people complete a standard assessment tool (the Vulnerability Index- Service Prioritization Decision Assessment Tool or VI-SPDAT) that considers the household’s situation and identifies the best type of housing intervention to address their situation. A community queue of eligible households is generated from the standard assessment. The community queue is used to fill spaces in the permanent housing programs, including permanent supportive housing and rapid rehousing, in the County. This coordinated process reduces the need for people to traverse the county seeking assistance at every service provider separately. 10.D.a Packet Pg. 361 Attachment: Homeless Plan - 6-2018 (1732 : Homelessness Plan) City of Gilroy Homeless Plan: Activities by Agency 3 | P a g e County of Santa Clara Measure A Funding In November 2016, Santa Clara County voters approved Measure A – the $950 million affordable housing bond. The housing bond provides the County with an opportunity to partner with cities, residents, and the affordable and supportive housing community to address the housing needs of the poorest and most vulnerable residents. It will provide affordable housing for vulnerable populations including veterans, seniors, the disabled, low and moderate income individuals or families, foster youth, victims of abuse, the homeless and individuals suffering from mental health or substance abuse illnesses. The bond proceeds should contribute to the creation and/or preservation of approximately 5,100 affordable housing units in the County. The Housing Bond will enhance the County’s ability to achieve its housing priorities which include:  Increasing the scope and breadth of supportive housing for special needs populations, including homeless and chronically homeless persons;  Increasing the supply of housing that is affordable to extremely low income (ELI) households; and,  Improving coordination and collaboration among the County, the cities, other governmental agencies, and the affordable housing community. County of Santa Clara Re- Entry Center In 2011 Assembly Bill 109 was passed to reduce overcrowding in California prisons. This bill was commonly referred to as “Realignment” because it shifted the burden for incarcerating and supervising lower level, non-violent offenders from the State to the Counties. The re-entry center program provides post release re-entry services with the goal of reducing recidivism. The Counties strategy was to create a collaborative Adult re-entry network so their clients would have streamlined access to a network of resources. The first re-entry services center was opened in 2012. The County published a report on the re-entry services program in 2017 providing data for a 5 year period. The data provided in the report supports that re-entry services has had a positive effect on recidivism. For example, felons eligible for the AB 109 programs saw a reduction in recidivism from 56% in 2010 to 45% in 2016. The Gilroy re-entry center recently moved from the San Martin County Government Center to Murray Avenue in March 2018. Support Services provided by our re-entry center include:  Employment referrals  Faith-based services  Probation support  Mental health assessments  Substance abuse assessments  Healthcare services  Record expungement assistance Santa Clara Valley Water District The Santa Clara Valley Water District provides creek clean up services 1-2 times per month. These clean ups are done in partnership with the Police Department. The Police Department takes care of the legal notice postings in compliance with the law. The Police also provide security and enforcement when necessary during the actual clean up events. Compassion Center The Compassion Center provides homeless services to include essentials, clothing, and snacks. They also coordinate mobile shower, medical and dental services. They run a camping program where homeless individuals are provided a camping space to stay as an alternative to living on the street. Services offered through the Compassion Center include: 1. Day Center  Drop in center with basic needs including food, clothing, bathrooms, personal hygiene supplies.  Weekly shower and laundry van service 10.D.a Packet Pg. 362 Attachment: Homeless Plan - 6-2018 (1732 : Homelessness Plan) City of Gilroy Homeless Plan: Activities by Agency 4 | P a g e  Weekly medical van  Women’s support group  Case management 2. Almost Home Camping Program  Safe and legal campsites with showers  Food  Transportation  Case Management 3. Project Homeless Connect  Biannual event that includes multiple service providers from around the County  Includes hot meals, clothing distribution and haircuts 4. Saturday Suppers  Weekly potluck on Saturday afternoons 5. Winter Shelter Support  Provide transportation from the Cold Weather Shelter to the Compassion Center for day service and case management assistance Saint Joseph’s Center Saint Joseph’s Center provides meals, clothing, and essentials. They also manage various transitional housing programs to include:  Homeless Prevention/Housing Specialist - Helping families/individuals maintain their current housing, those at-risk of homelessness due to unforeseen circumstances, such as loss of employment or illness. Emergency financial aid is provided to alleviate the acute crisis, not a chronic need. A Housing specialist (starting in July 2018) will assist clients with applications, financial literacy, credit repair, and interface with landlords and property owners in an attempt to help family’s secure safe, clean a ffordable housing.  Ochoa Winter Shelter - A short-term shelter for up to 35 homeless families. This program utilizes the vacant units at the Ochoa Migrant Center during the off-season (December – March.) Supported and funded through the Office of Supportive Housing. Case management, workshops, childcare, youth recreation and other services are offered during the program.  Gilroy Armory Referrals and Case Management - During the recently expanded winter season (November – April), SJFC coordinates community partners to provide the referrals for access in the Gilroy Armory’s short term winter shelter (predominantly individuals). The referral process is focused on identifying South County’s homeless, who are the priority clients for the Gilroy Armory. SJFC helps identify a percentage of the individuals for case management and other, more intensive services.  Gilroy Place- A permanent housing program that serves 12 chronically homeless individuals with disabling conditions. This “housing first” model provides permanent housing, case management, employment support and counseling services to help stabilize the lives of those who have been living on the streets for years. Referrals to openings in Gilroy Place come through the County of Santa Clara’s Coordinated Assessment, with an emphasis to identify those from South County.  Our New Place - A permanent housing program for 11 families coming from a situation of domestic violence. This “housing first” model provides permanent housing, intensive case management, employment support and counseling services to help stabilize the lives of those who have been victims of domestic violence and move them towards better health, self-sufficiency and overall well- being. Referrals to openings in Our New Place come through the County of Santa Clara’s Coordinated Assessment, with an emphasis to identify those from South County.  Sobrato Family Apartments - Provides an on-site case manager who works closely with the families living at the Sobrato Family 10.D.a Packet Pg. 363 Attachment: Homeless Plan - 6-2018 (1732 : Homelessness Plan) City of Gilroy Homeless Plan: Activities by Agency 5 | P a g e Apartments, a development run by Eden Housing. The program is now under a permanent housing banner, not transitional; serves up to 60 families.  Gilroy Street Team - The Gilroy Street Team empowers homeless, and formerly homeless, individuals to assist with beautification projects around the city. Participation is rewarded with small stipends, and access to our employment services. The participants receive soft-skills training and coaching to better prepare them for employment opportunities. Faith Based Community Faith Based Organizations (FBOs) have historically been an invaluable resource for the homeless. Besides meeting spiritual needs, they are often able to provide essential items and services to. The City of Gilroy has partnerships with faith and inter-faith based coalitions. These partnerships can be an instrument through which a safe parking program can be developed. Provides essentials, clothing, blankets, etc. Potentially situated to support a safe parking program in the future. 10.D.a Packet Pg. 364 Attachment: Homeless Plan - 6-2018 (1732 : Homelessness Plan) City of Gilroy Homeless Plan: Potential Opportunities and Strategies 6 | P a g e Short Term Intermediate Term Long Term 1. Explore a potential cost sharing agreement to provide for 1-2 full time case management services counselors through the Office of Supportive Housing focused solely on Gilroy clientele. 1. Create a homeless community response team. A team of individuals supported through community based organizations with the ability to respond to homeless type calls for service. Whenever possible they would provide support and assistance to address complaints. In other communities these team pick up the homeless individual and transport them to a center offering support services. This would reduce the need for law enforcement response and intervention. 2. Explore feasibility to apply for and be awarded a Solid Waste Cleanup grant through Explore a safe parking program with support from community based organizations, the faith based community and volunteers. 3. California Recycle Illegal Disposal Site Abatement Grant Program. 4. Provide a restroom solution that is available 24 hours a day. 1. Explore funding opportunities to keep the Compassion Center open from 6:00 am through 6:00 pm in coordination with the cold weather shelter hours. 2. Hire a City of Gilroy Housing Specialist tasked with coordinating all available homeless services to include transitional housing, extremely low income housing, potential camping sites, and safe parking programs. 3. Provide a space homeless people could legally stay. For example, explore possible locations to develop a free camping program. Provide restrooms, garbage service, lighting, fencing, etc. 4. Explore and evaluate the Tiny Homes Village concept. Initial plans provide for tiny homes, bunkhouse accommodations for homeless and safe parking areas. 10.D.a Packet Pg. 365 Attachment: Homeless Plan - 6-2018 (1732 : Homelessness Plan)