Agenda packet — Gilroy City Council, February 28, 2022 (part 2 of 2)

contour elevations, drainage patterns, flow lines, slopes, and all other property encumbrances.

21. GRADING & DRAINAGE – Geotechnical Engineer to confirm infiltration rates by conducting Double Ring Infiltrometer Testing with appropriate safety factors of all stormwater detention and/or retention facilities.

22. PUBLIC IMPROVEMENTS – Prior to Parcel Map approval, developer shall execute a property improvement agreement and post Payment and Performance bonds each for 100% of cost for improvement with the City that shall secure the construction of the public improvements. Insurance shall be provided per the terms of the agreement.

23. PUBLIC IMPROVEMENTS - The developer shall repair or replace all existing improvements not designated for removal and all new improvements that are damaged or removed because of developer's operations. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions.

24. CONSTRUCTION - All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate.

25. CONSTRUCTION - The City shall be notified at least ten (10) 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.

26. CONSTRUCTION - Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. for general construction activity. No work shall be done on Sundays and City Holidays. The Public Works Director will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes.

27. CONSTRUCTION - All work shown on the improvement plans, if applicable, shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director.

28. CONSTRUCTION - If the project has excess fill or cut that will be off-hauled to a site or on-hauled from a site within the city limits of Gilroy, an additional permit is required.

This statement must be added as a general note to the Grading and Drainage Plan.

29. CONSTRUCTION - 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.

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30. CONSTRUCTION - At least one week prior to commencement of work, the Developer shall post at the site and mail to the Engineering Division and to owners of property within 300') three hundred feet of the exterior boundary of the project site a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice.

31. CONSTRUCTION - Prior to final inspections, all pertinent conditions of approval and all improvements shall be completed to the satisfaction of the Planning Director and City Engineer.

32. TRANSPORTATION - Any work in the public right-of-way shall require a traffic control plan prepared by a licensed professional engineer with experience in preparing such plans.

Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right of way.

33. UTILTIES - The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director.

ENGINEERING PROJECT SPECIFIC CONDITIONS OF APPROVAL

34. FEE - The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. The following are approximate impact fees based on planning phase square footage and other information for Residential Low- Density projects. Actual fees will be based on Final Design information. a. Street Tree = $103
b. Storm Development = $593
c. Sewer Development = $50,004
d. Water Development = $17,176
e. Traffic Impact = $49,060
f. Public Facilities = $85,272
Latest City impact fee schedule is available on the City’s website. Payment of Impact Fees is required at first building permit issuance. Fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy.

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35. GENERAL – As part of Phase 1 of this project, a Parcel Map shall be completed to subdivide all future lots. Said Parcel map will be presented to the City Council for review and action. The City Council meeting will be scheduled approximately fifty (50) days after the Parcel Map is deemed technically correct, and Subdivision Improvement Plans with supporting documents, reports and agreements are approved by the City. Developer shall dedicate necessary right of way and public easements for the project development.

36. GENERAL - The approved construction schedule shall be shared with Gilroy Unified School District (GUSD) to avoid traffic impacts to surrounding school functions. An approved construction information handout(s) shall also be provided to GUSD to share with school parents.

37. TRANSPORTATION – Applicant shall obtain a review letter from Recology confirming serviceability and site accessibility of solid waste pickup. Contact Lisa Patton, Operations Manager 408-846-4421. Include Recology review letter with first building permit submittal.

38. GENERAL - A current Title Report dated within the last six months, shall be submitted with the first submittal improvement plans. An existing site plan shall be submitted showing all existing site conditions and title report easements. Include bearings and distances for all Right of Way and Easements on the plans.

39. GENERAL - The Developer shall provide a “composite plan” showing Civil, Landscape, Electrical, and Joint Trench design information (as a separate sheet titled “Composite Plan”) to confirm that there are no conflicts.

40. GRADING & DRAINAGE - All grading operations and soil compaction activities shall be per the approved project’s design level geotechnical report. All grading activities shall be conducted under the observation of, and tested by, a licensed geotechnical engineer. A report shall be filed with the City of Gilroy for each phase of construction, stating that all grading activities were performed in conformance with the requirements of the project’s geotechnical report. The developer shall add this condition to the general notes on the grading plan.

41. GRADING & DRAINAGE – An elevation certificate per FEMA requirements must be complete by a Land Surveyor or Civil Engineer prior to occupancy.

42. PUBLIC IMPROVEMENTS – Prior to Parcel Map Approval, the developer shall obtain design approval and bond for all necessary public improvements, including but not limited to the following:

A. Pavement widening, striping, and signing along Chestnut St project frontage.

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B. Construction of new curb, gutter, 6’ sidewalk, driveways, and ADA curb ramp along Chestnut St. and Lewis St. project frontage.

C. The project is making new pavement cuts which reduces the City Pavement Condition Index. The project shall grind and pave the limits shown on sheet C2 if the improvement plans (Part of the Architectural and Site submittal) with a minimum 2.5” hot mix AC, and with pavement section dig-outs and repairs. Extent of the dig-outs and repairs to be determined by the Developers Geotechnical Engineer and City Engineer.

D. Installation of new City standard streetlights along project frontage. Final streetlight locations shall be to the satisfaction of the City Engineer.

E. Storm drain line, laterals, and related facilities along project frontage.

F. Existing overhead utilities shall be undergrounded and related utility poles removed along the property frontage and boundary. Underground the overhead lines that currently cross Lewis St. No new overhead utility lines or poles will be allowed.

G. Removal of the existing underground utilities no longer being used along the project frontage.

H. Water services and meters per City standards. Each water service shall have a separate lateral from the main to each lot.

I. New Fire Hydrants along project frontage.

J. Sewer laterals, manholes, and related facilities. Sewer facilities cannot be aligned through stormwater treatment facilities.

K. New trees along project frontage.

All improvements must be built to the city Engineer’s satisfaction, and accepted by the City prior to issuance of any first certificate of occupancy for the project.

43. CONSTRUCTION - 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. 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.

44. CONSTRUCTION - The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The subdivider shall require the soils engineer to daily submit all testing and sampling and reports to the City Engineer.

45. TRANSPORTATION – At first plan submittal, developer shall submit on-site and off-site photometric plans.

46. 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 swept analysis software, all turning and street circulation movements.

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47. UTILITIES – All new services to the development shall be "underground service" designed and installed in accordance with the Pacific Gas and Electric Company, AT&T phone) Company and local cable company regulations. Transformers and switch gear cabinets shall be placed underground unless otherwise approved by the Planning Director and the City Engineer. Underground utility plans must be submitted to the City prior to installation.

48. UTILITIES - The following items will need to be completed prior to first building permit submittal:
a. The Developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground). b. The Developer shall negotiate right-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies.
c. Will Serve Letter” from each utility company for the subdivision shall be supplied to the City.

49. UTILITIES - A note shall be placed on the joint trench composite plans which states that the plan agrees with City Codes and Standards and that no underground utility conflict exists. The Joint consultant shall provide the City a separate “project utility composite plan” showing all Civil, Landscape, electrical, and joint trench information to confirm that there are no conflicts with joint trench plan utilities.

50. UTILITIES – Storm, sewer, and water lines in private areas shall be privately owned and maintained. This should be noted on the title sheet of the project improvement plan.

51. UTILITIES - Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City:
a. A professional engineer signed original electrical plan. b. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City codes and Standards, and to the approved improvement plans.

52. UTILITIES - Sanitary sewer laterals located in driveways shall have traffic rated boxes and lids.

53. UTILITIES - The Developer shall perform Fire Hydrant test to confirm water system will adequately serve the development, and will modify any part of the systems that does not

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perform to the standards established by the City. Developer shall coordinate with Fire Department for the Fire Hydrant test.

54. UTILITIES - 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.

55. WATER QUALITY - Proposed development shall comply with state mandated regional permits for both pre-construction and post-construction stormwater quality requirements per chapter 27D of the Gilroy Municipal Code, and is subject to, but not limited to, the following:
a. At first improvement plan submittal, project shall submit a design level Stormwater Control Plan Report (in 8 ½ x 11 report format), to include background, summary, and explanation of all aspects of stormwater management. Report shall also include exhibits, tables, calculations, and all technical information supporting facts, including but not limited to, exhibit of the proposed site conditions which clearly delineates impervious and pervious areas on site. Provide a separate hatch or shading for landscaping/pervious areas on-site including those areas that are not bioretention areas. This stormwater control plan report format does not replace or is not in lieu of any stormwater control plan sheet in improvement plans. b. The stormwater control plan shall include a signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. c. At developer’s sole expense, the stormwater control plan shall be submitted for review by an independent third party accepted by the City for compliance. Result of the peer review shall be included with the submittal for City evaluation. d. Prior to plan approval, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City, including Exhibit A and Exhibit B.
i. The City shall record this agreement against the property or properties involved and it shall be binding on all subsequent owners of land served by the stormwater management treatment BMPs. The City-standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering.
ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity.
iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner.

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iv. All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s) or other legal entity approved by the City.
v. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans.
vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan.
e. Stormwater BMP Operations and Maintenance Agreement shall include inspections to 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 certified third party QSP or QSD.
ii. Stormwater facility inspections shall be done at least twice per year, once in Fall by October 1st, in preparation for the wet season, and once in Winter by March 15th. Written records shall be kept of all inspections and shall include, at minimum, the following information:

1. Site address;

2. Date and time of inspection;

3. Name of the person conducting the inspection;

4. List of stormwater facilities inspected;

5. Condition of each stormwater facility inspected;

6. Description of any needed maintenance or repairs; and

7. As applicable, the need for site re-inspection.
f. 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. g. Before commencing any grading or construction activities, the developer shall obtain a National Pollutant Discharge Elimination System (NPDES) permit and provide evidence of filing of a Notice of Intent (NOI) with the State Water Resources Control Board.

56. WATER QUALITY - The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and implement such measures. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations or a project stop order.

57. WATER QUALITY - The developer shall secure a QSD or QSP to maintain all erosion control and BMP measures during construction. The developers QSD or QSP shall provide the City weekly inspection reports.

58. WATER QUALITY – Sequence of construction for all Post Construction Required facilities PCR’s) / stormwater facilities (bioswales, detention/retention basins, drain rock, etc.) shall be

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done as a final phase of construction to prevent silting of facilities and reduce the intended use of the facilities. Prior to final inspection, all stormwater facilities will be tested by a certified QSP or QSD to meet the minimum design infiltration rate. All tests shall be made at on 20 ft x 20ft grid pattern over the surface of the completed stormwater facility.

59. LANDSCAPING - Landscaping plans shall not conflict with the stormwater management water treatment plan.

60. MASTER PLANS - Confirm the project is in compliance with the City Master Plans.

Studies shall identify the development's effect on the City's present Master Plans and the impact of this development to surrounding utility lines. If the results of the study indicate that this development contributes to the over-capacity of the trunk line, developer will be required to mitigate the impact by remove and replace or upsizing of the existing utilities.

61. PROJECT ACCEPTANCE – Until such time as all improvements required are fully completed and accepted by City, Developer will be responsible for the care maintenance of and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Developer.

62. PROJECT ACCEPTANCE – Certification of grades and compaction is required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan.

63. PROJECT ACCEPTANCE – Prior to building occupancy, provide and obtain approval for all of the items identified in the Public Works Department “Development Project Closeout” list.

64. All project frontage improvements including pavement widening, grind and pave, curb & gutter, sidewalk, driveways, ADA ramp, utilities, stormwater management facilities, landscaping, etc. along Chestnut St and Lewis St shall be constructed in Phase 1 of this project.

65. All stormwater facilities along Chestnut St located within the PSE shall be maintained by the property owner. The City and property owner shall enter into a maintenance agreement prior to Parcel map approval.

66. All stormwater facilities for future lots shall be owned and maintained by the property owner.

67. No private signage, poles, utilities, etc. allowed in PSE/PUE.

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68. Construct new City standard storm drain drop inlet located near the north property boundary.

69. Stormwater treatment shall occur behind the back of proposed sidewalk.

PASSED AND ADOPTED this 20th day of January, 2022 by the following roll call vote:

AYES: COMMISSIONERS: Elle, Doyle, Bhandal, Lewis, Ridley, Fischer and Moreno
NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ATTEST: APPROVED:

Jimmy Forbis, City Administrator Tom Fischer, Chairperson

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Resolution 2022-01 - TM 20-01 PC reso
Final Audit Report 2022-01-27
Created:2022-01-26
By:Kraig Tambornini ([email protected])
Status:Signed
Transaction ID:CBJCHBCAABAAXkFqF_PRDY9I_jGEdCStnli_FbTm2lfO Resolution 2022-01 - TM 20-01 PC reso" History
Document created by Kraig Tambornini ([email protected]) 2022-01-26 - 10:43:17 PM GMT- IP address: 66.189.161.134 Document e-signed by Kraig Tambornini ([email protected]) Signature Date: 2022-01-26 - 10:44:14 PM GMT - Time Source: server- IP address: 66.189.161.134 Document emailed to Tom Fischer ([email protected]) for signature 2022-01-26 - 10:44:16 PM GMT
Email viewed by Tom Fischer ([email protected]) 2022-01-27 - 0:13:19 AM GMT- IP address: 172.225.87.23
Document e-signed by Tom Fischer ([email protected]) Signature Date: 2022-01-27 - 0:16:37 AM GMT - Time Source: server- IP address: 71.80.230.85 Agreement completed.
2022-01-27 - 0:16:37 AM GMT

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RESOLUTION NO. 2022-02

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

GILROY RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN

ARCHITECTURAL AND SITE REVIEW PERMIT TO ALLOW
CONSTRUCTION OF FOUR (4) TWO-STORY SINGLE-FAMILY HOMES ON PROPERTY LOCATED AT 395 LEWIS STREET (APN: 841-03-062)
FOLLOWING APPROVAL OF TENTATIVE MAP FILE NUMBER TM 20-01 TO SUBDIVIDE THE PROPERTY INTO FOUR (4) SINGLE FAMILY PARCELS FILE NUMBER AS 20-02)
WHEREAS, on March 1, 2021 an application was resubmitted by Qui T. Son, of iMark Designs proposing the development of four (4) single-family homes following the subdivision of a

1.05 acre site into four single-family lots, on property located at 395 Lewis Street within the City of Gilroy R1 Single-Family Residential zoning district (“Project”); and WHEREAS, the application submittal was accepted as complete on June 25, 2021; and WHEREAS, On November 2, 2020 the Gilroy City Council adopted the Gilroy 2040 General Plan after certifying an EIR for the plan and whereas the General Plan EIR reviewed all of the topics included on the Appendix G environmental checklist in the State CEQA Guidelines as well as all sections required to be included in an EIR; and WHEREAS, on November 30, 2021, an environmental checklist was prepared for the Project to evaluate the impact categories covered in the City’s certified General Plan EIR to determine whether the project’s impacts have been adequately analyzed in the EIR or whether any new significant impacts peculiar to the project or project site would result; and WHEREAS, the project has been deemed statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21083.3 and State CEQA Guidelines section 15183 (Projects Consistent with General Plan, Community Plan or Zoning), and categorically exempt pursuant to CEQA Guidelines section 15315 (Class 15, Minor Land Divisions); and
WHEREAS, the Planning Commission held a duly noticed public meeting on January 20, 2022, at which time the Planning Commission received and considered the staff report as well as all evidence received including written and oral public testimony related to the project TM 20-01; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which the project approval is based is the Community Development Department, Planning Division.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy hereby find as follows:

A. The proposed development is permitted and in conformance with the Gilroy Zoning

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Ordinance development standards including height, setbacks, parking and landscaping, and other adopted policies of the City of Gilroy.

B. The proposed development would be consistent with all applicable goals and policies of the Gilroy General Plan in that the residential land use is an allowed use in the single- family residential district.

C. The proposed development would not impair the integrity and character of the area surrounding and in the vicinity of the subject property given that the project has been designed to comply with all city development standards, minimizes grading and tree impacts, and proposes a residential design that is compatible with the neighborhood character.

D. The subject site would be served by streets and highways adequate in width and structure to carry the kind and quantity of traffic such use will generate, given that the project will be required to dedicate street right-of-way to widen Chestnut Street by approximately

21.5 feet.

E. The subject site would be provided with adequate sewerage, water, fire protection and storm drainage facilities.

F. The proposed development/use will not adversely affect or be materially detrimental to the adjacent uses, buildings or structure or to the public health, safety or general welfare, given that the project would require a building permit and has been designed to comply with all applicable city development standards.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy hereby recommends to the City Council the approval of AS 20-02, subject to the following conditions:

CONDITIONS OF APPROVAL
AS 20-02

PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project ENTITLEMENT(S).

1. APPROVED PROJECT: The approval for Architectural and Site Review Permit AS 20-02 is granted to allow construction of four (4) two-story single-family homes on property located at 395 Lewis Street (APN: 841-03-062) to be subdivided into four (4) single family parcels (file number TM 20-01) within the City of Gilroy R1 Single- Family Residential zoning district as shown on the project plans prepared by Qui T.

Son, of iMark Designs, consisting of 26 sheets, dated as received by the Planning Division on March 1, 2021.

Build-out of the project shall conform to the plans, except as otherwise specified in these conditions. Any future adjustment or modification to the plans, including any changes

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made at time of building permit submittal, shall be considered by the Community Development Director or designee, may require separate discretionary approval, and shall conform to all City, State, and Federal requirements, including subsequent City Code requirements or policies adopted by City Council.

2. PERMIT EXPIRATION: The expiration date of this approval is one year from the date of recordation of the Final Map for TM 20-01. Building permits must be obtained for the project within one (1) year from that date. Otherwise this approval shall expire unless a timely extension has been obtained. Upon application, an extension of time may be granted by the Community Development Director or designee. 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.

3. RELATED ENTITLEMENTS: This permit is subject to the conditions of approval of Tentative Map application TM 20-01. If the tentative map is not approved and executed or if the tentative map expires, this approval shall be null and void.

4. COMPLIANCE WITH CONDITIONS: 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 or enforcement actions pursuant to the City Code. All costs associated with any such actions shall be the responsibility of Developer, owner or tenant.

5. INDEMNIFICATION: Developer agrees, as a condition of permit approval, at Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy the City”) and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against the 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.

6. SIGNAGE: All signage advertising the development project or components thereof, including individual tenants or subdivisions, shall be installed or maintained onsite or offsite as allowed and in conformance with an approved sign permit.

7. WATER LIMITATIONS: Developer shall be advised that the approval is subject to the drought emergencies provisions pursuant to the Gilroy City Code Chapter 27.98.

The following conditions shall be addressed prior to issuance of any BUILDING PERMIT, GRADING PERMIT or IMPROVEMENT PLAN, whichever is first issued, or as otherwise

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specified in the condition.

8. CONDITIONS OF APPROVAL: Developer shall include a plan sheet(s) that includes a reproduction of all conditions of approval of this permit, as adopted by the decision- maker.

9. CERTIFICATION OF BUILDING PERMIT PLANS: The project architect shall certify in writing that the architectural design shown in the building permit plans match the plans approved by the Community Development Director or designee/Planning Commission/City Council. Any changes must be clearly noted. The project architect shall also certify that the structural plans are consistent with the architectural plans. In the event of a discrepancy between the structural plans and the architectural plans, the architectural plans shall take precedence, and revised structural drawings shall be submitted to the Building Division.

10. COLORS AND MATERIALS: Plans submitted for building permit applications shall 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 construction.

11. SUBSEQUENT ENTITLEMENTS: 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.

12. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit, Developer shall submit a Habitat Permit application to the City of Gilroy. The application shall consist of the application processing fee, Santa Clara Valley Habitat Plan Application For Private Projects and Fees and Conditions Worksheet (available on the Santa Clara Valley Habitat Agency website: https://www.scv-habitatagency.org/) . The grading permit will be issued only after approval of the Habitat Plan permit and payment of assessed fees.

13. PAYMENT OF FEES: Developer shall pay all required development impact fees prior to issuance of permits. This includes required park in lieu fees, school fees, traffic impact fees, etc.

14. GARAGE DOORS: Developer shall provide automatic garage door openers for all garages. All garage entries shall be equipped with a sectional roll-up garage door.

15. FENCES AND WALLS: All fencing and walls are to be shown on construction drawings submitted for building permit review and shall not exceed six (6) feet in height, measured

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from adjacent grade to the top of the fence or wall. The design and location must comply with all setback requirements.

16. REFUSE STORAGE: Developer shall show on construction documents a minimum 9- foot by 3-foot level concrete pad for storage of three refuse containers in the side yard area or other location approved by the Community Development Director or designee that is out of view from the street. The storage location shall not be within the garage. Developer shall also provide for a paved path from the storage location to the pick-up area (typically the street) that does not require entering the garage. All gates or doors along the path shall be constructed with a minimum clear space of 36-inches to allow passage of the containers.

17. RAIN GUTTERS AND DOWNSPOUTS: 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.

18. LANDSCAPE MULCH: As part of the Landscape Plan submittal, Developer shall clarify a minimum three (3) inch layer of mulch to be applied on all exposed soil surfaces, as required by the State Model Water Efficient Landscape Ordinance (MWELO).

19. INVASIVE PLANT SPECIES: Developer shall not include any invasive plant species, such as those listed by the California Invasive Plant Council.

20. LANDSCAPE DOCUMENTATION PACKAGE: Prior to issuance of building permits or initiation of the proposed use, whichever comes first, Developer shall submit a completed Landscape Documentation Package, including a soil analysis/management report along with appropriate application review fees, to the Community Development Department, including required documentation for compliance verification, and obtain approval of such plans.

21. IRRIGATION SENSORS: Prior to issuance of building permits, developer shall (as part of the irrigation system) indicate on construction drawings sensors that suspend or alter irrigation operation during unfavorable weather conditions (e.g. automatic rain shut-off devices).

22. PRECONSTRUCTION NESTING BIRD SURVEY: To the extent practicable, vegetation removal and construction activities shall be performed from September 1 through January 31 to avoid the general nesting period for birds. If construction or vegetation removal cannot be performed during this period, preconstruction surveys will be performed no more than two days prior to construction activities to locate any active nests as follows:

The Developer shall be responsible for the retention of a qualified biologist to

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conduct a survey of the project site and surrounding 500’ for active nests – with particular emphasis on nests of migratory birds – if construction (including site preparation) will begin during the bird nesting season, from February 1 through August 31. If active nests are observed on either the project site or the surrounding area, the project applicant, in coordination with the appropriate City staff, shall establish no-disturbance buffer zones around the nests, with the size to be determined in consultation with the California Department of Fish and Wildlife (usually 100’ for perching birds and 300’ for raptors). The no-disturbance buffer will remain in place until the biologist determines the nest is no longer active or the nesting season ends. If construction ceases for two days or more and then resumes during the nesting season, an additional survey will be necessary to avoid impacts on active bird nests that may be present.”
The following conditions shall be met prior to RELEASE OF UTILITIES, FINAL INSPECTION, or ISSUANCE OF A CERTIFICATE OF OCCUPANCY, whichever occurs first, or as otherwise specified in the condition.

23. ON- AND OFF-SITE IMPROVEMENTS: Prior to occupancy, Developer shall complete all required offsite and onsite improvements related to the project, including structures, paving, and landscaping, unless otherwise allowed by the Community Development Director, or stated in these conditions.

24. LANDSCAPE AND IRRIGATION INSTALLATION: Prior to issuance of certificate of occupancy or building permit final sign-off, Developer shall complete installation of all landscaping and irrigation in accordance with the approved plans.

25. LANDSCAPE CERTIFICATE OF COMPLETION: Prior to occupancy or initiation of the proposed use, or completion of each build-out phase of development, Developer shall submit a signed Certificate of Completion, along with all necessary supporting documentation and payment to the Community Development Department, for compliance verification of the landscape installation. Developer is required under the Model Water Efficient Landscape Ordinance (MWELO) to provide a copy of the approved Certificate of Completion to the property owner or his or her designee.

26. PLANNING INSPECTION: Inspection(s) by the Planning Division may be required for the foundation, framing, application of exterior materials, and final completion of each structure to ensure that the construction matches the approved plans.

27. SITE CLEAN-UP: Prior to issuance of a certificate of occupancy, Developer shall remove all construction materials, debris, and vehicles from the subject property.

The following conditions shall be complied with AT ALL TIMES DURING THE CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition.

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28. CONSTRUCTION RELATED NOISE: To minimize potential construction-related impacts to noise, Developer shall include the following language on any grading, site work, and construction plans issued for the subject site During earth-moving, grading, and construction activities, Developer shall implement the following measures at the construction site:
a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on Sundays and City-observed holidays;
b. Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area; c. Construct sound walls or other noise reduction measures prior to developing the project site;
d. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment; e. Prohibit all unnecessary idling of internal combustion engines; f. Utilize “quiet” models of air compressors and other stationary noise sources where technology exists; and
g. Designate a “disturbance coordinator’ who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem.”

29. CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction- related impacts to air quality, Developer shall require all construction contractors to implement the basic construction mitigation measures recommended by the Bay Area Air Quality Management District (BAAQMD) and shall include the following language on any grading, site work, and construction plans issued for the project site During earth-moving, grading, and construction activities, Developer shall implement the following basic control measures at the construction site:
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 onsite or offsite 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 or pathways shall be limited to 15 miles per hour;
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as

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possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used;
f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 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 visible emissions evaluator; and
h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.”

30. DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered, the Developer will ensure the contractor employs engineering controls and Best Management Practices (BMPs) to minimize human exposure to potential contaminants. Engineering controls and construction BMPs will include, but not be limited to, the following:
a. Contractor employees working on-site will be certified in OSHA’s 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training; b. Contractor will stockpile soil during development activities to allow for proper characterization and evaluation of disposal options;
c. Contractor will monitor area around construction site for fugitive vapor emissions with appropriate filed screening instrumentation;
d. Contractor will water/mist soil as it is being excavated and loaded onto transportation trucks;
e. Contractor will place any stockpiled soil in areas shielded from prevailing winds; and
f. Contractor will cover the bottom of excavated areas with sheeting when work is not being performed.

31. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is discovered during construction of the project, excavations within 50’ of the find shall be temporarily halted or delayed until the discovery is examined by a qualified paleontologist, in accordance with the Society of Vertebrate Paleontology standards. The City shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. If the find is determined to be significant and if avoidance is not feasible, the paleontologist shall design and carry out a data recovery plan consistent with the Society of Vertebrate Paleontology standards.

32. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an accidental

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discovery of archaeological resources during grading or construction activities, Developer shall include the following language on any grading, site work, and construction plans issued for the project site:

If archaeological or cultural resources are discovered during earth-moving, grading, or construction activities, all work shall be halted within at least 50 meters 165 feet) of the find and the area shall be staked off immediately. The monitoring professional archaeologist, if one is onsite, shall be notified and evaluate the find.

If a monitoring professional archaeologist is not onsite, the City shall be notified immediately and a qualified professional archaeologist shall be retained (at Developer’s expense) to evaluate the find and report to the City. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party.”

33. DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or recognition of any human remains, Developer shall include the following language in all grading, site work, and construction plans:

If human remains are found during earth-moving, grading, or construction activities, 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.”
The following conditions shall be complied with AT ALL TIMES that the use permitted by this entitlement occupies the premises.

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34. ADDITIONS, ACCESSORY BUILDINGS, AND PATIO COVERS: Building additions and patio covers shall conform to the zoning district or PUD approval, as applicable.

35. GARAGE USE: Garages shall be used for resident parking only. Storage is permitted so long as it does not prevent use of garage for required vehicle parking. The use and availability of garage spaces for parking shall be specified in the project CC&R’s.

36. LANDSCAPE MAINTENANCE: For the life of the project, Developer shall maintain landscaping and irrigation in accordance with the approved plans, except as otherwise permitted or required by law. Significant changes to the number, placement, and selection of plant species may require a modification to this approval, to be determined by the Community Development Director or designee.

FIRE PREVENTION CONDITIONS OF APPROVAL

1. The submitted plans shall reference the 2019 California Codes (e.g. Building, Fire, Residential, etc.).

2. Detached Second Units (ADU’s) shall have a path of travel (min 36” wide) to the street and shall be provided a separate address number. The ADU shall have an address number that is visible from the street.

3. All residential structures shall be provided with residential fire sprinklers (NFPA13D) including garages. City standards include:
a. A 1-inch meter and 1.5-inch laterals shall be provided to each structure. b. System to comply with NFPA 13D (2016) subject to inspection by the City. c. Riser shall be installed in the garage or approved exterior cabinet. 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 by Gilroy Fire Prevention. 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. g. An exterior bell/horn shall be installed on the bedroom side of the home. The water-flow switch shall be wired to smoke alarms for interior notification. h. Each attic access shall be protected by a pilot head. The pilot head piping CPVC) shall be provided with adequate insulation.
i. Sprinkler coverage shall be provided underneath stairwells 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.
j. A fire flow test shall be obtained from the Deputy Fire Marshal and included in the sprinkler system design calculations. Call 408-846-0451 to schedule a fire

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hydrant test ($300.00 fee).

4. Chimneys shall have spark arrestors installed. No permanent outdoor, wood-fired fireplaces/pits are allowed. Trees and tree branches shall not be within 10 ft of a chimney.

5. Landscaping in the open space areas shall be maintained so as not to become a fire hazard. Portions of these parcels may extend into the watercourse located on the West side of the property. All dead and dry vegetation to be removed by May 15th each year and to be maintained until November.

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 GENERAL CONDITIONS OF APPROVAL

1. GENERAL - At first improvement plan submittal, utility sheets shall show appropriate line types and labels to identify different type of utilities and pipe sizes. Clearly identify both public and private utilities.

2. GENERAL - Improvement plans (as second sheet in plan set) shall contain Approved Conditions of Approval.

3. GENERAL - Improvement plans shall include General Notes found in the City of Gilroy General Guidelines. A complete set of improvement plans shall consist of Civil site design, landscape site design, Electrical, Joint Trench. Any walls or structural features part of the landscape design shall also be included.

4. GENERAL - Improvement plan cover sheet shall include a table summarizing all facilities (Streets, Utilities, Landscaping, etc.), showing the ownership of all facilities, and the maintenance responsibilities of all facilities.

5. GENERAL - The applicant shall obtain all applicable permits from federal, state, and local agencies as required to construct the proposed improvements. A copy of these permits will be provided prior to building permits.

6. GENERAL – Improvement plans are required for both on-site and off-site improvements.

A separate plan set for each shall be prepared, or at the approval of the City Engineer, onsite and offsite sheets can be combined into one plan set.

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7. GENERAL - Existing overhead utilities shall be undergrounded and related utility poles removed along the property frontage.

8. GENERAL - All existing public utilities shall be protected in place and if necessary relocated as approved by the City Engineer. No permanent structure is permitted within City easements without the approval of the City of Gilroy.

9. GENERAL - Prior to any work within public right of way or City easement, the developer shall obtain an encroachment permit from the City.

10. GENERAL - All improvements shall be designed and constructed in accordance with the City of Gilroy Municipal Code and Standard Specifications and Details, and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all off- site storm drainage facilities, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy’s Public Works Director/City Engineer.

11. GENERAL - Prior to issuance of any building permits, developer shall submit for City approval water, sewer and storm drain studies for the development. These studies shall provide supporting hydraulic calculation for pipe sizing per City standard design guideline.

12. GENERAL - At first improvement plan submittal, developers engineer shall submit a calculation for sanitary sewer and water generation per the City’s Master Plan design criteria.

13. FEE - The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Latest City impact fee schedule is available on the City’s website. Payment of Impact Fees is required at first permit issuance. Fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy.

14. FEE - Prior to plan approval, developer shall submit a detailed project cost estimate by the project engineer, subject to City Engineer approval. Cost estimate shall be broken out into on-site and off-site improvements.

15. FEE - Prior to final plan approval, Developer shall pay 100% of the plan check and processing fees and other related fees that the property is subject to, enter into a property improvement agreement, and provide payment and performance bonds.

16. GRADING & DRAINAGE - All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. If all or part of the construction

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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 added to the grading plans prior to plan approval.

17. GRADING & DRAINAGE - Prior to building permit issuance, the applicant’s Geotechnical Engineer shall review the final grading, pavement design and drainage plans to ensure that said designs are in accordance with their recommendations and the peer review comments. The applicant’s Geotechnical engineer’s approval shall then be conveyed to the City either by letter or by signing the plans.

18. GRADING & DRAINAGE - At first improvement plan submittal, the developer shall submit a Storm Water Management Plan (SWMP) prepared by a registered Civil Engineer. The SWMP shall analyze the existing and ultimate conditions and facilities, and the study shall include all off-site tributary areas. Study and the design shall be in compliance with the City’s Stormwater Management Guidance Manual (latest edition).

Existing offsite drainage patterns, i.e., tributary areas, drainage amount and velocity shall not be altered by the development.

19. GRADING & DRAINAGE - All grading and improvement plans shall identify the vertical elevation datum, date of survey, and surveyor.

20. GRADING & DRAINGE - Improvement and grading plans shall show existing topo and features at least 50’ beyond the project boundary. Clearly show existing topo, label contour elevations, drainage patterns, flow lines, slopes, and all other property encumbrances.

22. PUBLIC IMPROVEMENTS – Prior to Parcel Map approval, developer shall execute a property improvement agreement and post Payment and Performance bonds each for

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100% of cost for improvement with the City that shall secure the construction of the public improvements. Insurance shall be provided per the terms of the agreement.

24. CONSTRUCTION - All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate.

27. CONSTRUCTION - All work shown on the improvement plans, if applicable, shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director.

28. CONSTRUCTION - If the project has excess fill or cut that will be off-hauled to a site or on-hauled from a site within the city limits of Gilroy, an additional permit is required.

This statement must be added as a general note to the Grading and Drainage Plan.

30. CONSTRUCTION - At least one week prior to commencement of work, the Developer shall post at the site and mail to the Engineering Division and to owners of property within (300') three hundred feet of the exterior boundary of the project site a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their

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area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice.

31. CONSTRUCTION - Prior to final inspections, all pertinent conditions of approval and all improvements shall be completed to the satisfaction of the Planning Director and City Engineer.

32. TRANSPORTATION - Any work in the public right-of-way shall require a traffic control plan prepared by a licensed professional engineer with experience in preparing such plans. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right of way.

33. UTILTIES - The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director.

ENGINEERING PROJECT SPECIFIC CONDITIONS OF APPROVAL

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with supporting documents, reports and agreements are approved by the City. Developer shall dedicate necessary right of way and public easements for the project development.

41. GRADING & DRAINAGE – An elevation certificate per FEMA requirements must be complete by a Land Surveyor or Civil Engineer prior to occupancy.

42. PUBLIC IMPROVEMENTS – Prior to Parcel Map Approval, the developer shall obtain design approval and bond for all necessary public improvements, including but not limited to the following:

A. Pavement widening, striping, and signing along Chestnut St project frontage.

B. Construction of new curb, gutter, 6’ sidewalk, driveways, and ADA curb ramp along Chestnut St. and Lewis St. project frontage.

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minimum 2.5” hot mix AC, and with pavement section dig-outs and repairs.

Extent of the dig-outs and repairs to be determined by the Developers Geotechnical Engineer and City Engineer.

D. Installation of new City standard streetlights along project frontage. Final streetlight locations shall be to the satisfaction of the City Engineer.

E. Storm drain line, laterals, and related facilities along project frontage.

G. Removal of the existing underground utilities no longer being used along the project frontage.

H. Water services and meters per City standards. Each water service shall have a separate lateral from the main to each lot.

I. New Fire Hydrants along project frontage.

J. Sewer laterals, manholes, and related facilities. Sewer facilities cannot be aligned through stormwater treatment facilities.

K. New trees along project frontage.

All improvements must be built to the city Engineer’s satisfaction, and accepted by the City prior to issuance of any first certificate of occupancy for the project.

45. TRANSPORTATION – At first plan submittal, developer shall submit on-site and off- site photometric plans.

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and the City Engineer. Underground utility plans must be submitted to the City prior to installation.

50. UTILITIES – Storm, sewer, and water lines in private areas shall be privately owned and maintained. This should be noted on the title sheet of the project improvement plan.

52. UTILITIES - Sanitary sewer laterals located in driveways shall have traffic rated boxes and lids.

53. UTILITIES - The Developer shall perform Fire Hydrant test to confirm water system will adequately serve the development, and will modify any part of the systems that does not perform to the standards established by the City. Developer shall coordinate with Fire Department for the Fire Hydrant test.

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1. Site address;

2. Date and time of inspection;

3. Name of the person conducting the inspection;

4. List of stormwater facilities inspected;

5. Condition of each stormwater facility inspected;

6. Description of any needed maintenance or repairs; and

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58. WATER QUALITY – Sequence of construction for all Post Construction Required facilities PCR’s) / stormwater facilities (bioswales, detention/retention basins, drain rock, etc.) shall be done as a final phase of construction to prevent silting of facilities and reduce the intended use of the facilities. Prior to final inspection, all stormwater facilities will be tested by a certified QSP or QSD to meet the minimum design infiltration rate. All tests shall be made at on 20 ft x 20ft grid pattern over the surface of the completed stormwater facility.

59. LANDSCAPING - Landscaping plans shall not conflict with the stormwater management water treatment plan.

60. MASTER PLANS - Confirm the project is in compliance with the City Master Plans.

62. PROJECT ACCEPTANCE – Certification of grades and compaction is required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan.

63. PROJECT ACCEPTANCE – Prior to building occupancy, provide and obtain approval for all of the items identified in the Public Works Department “Development Project Closeout” list.

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66. All stormwater facilities for future lots shall be owned and maintained by the property owner.

67. No private signage, poles, utilities, etc. allowed in PSE/PUE.

68. Construct new City standard storm drain drop inlet located near the north property boundary.

69. Stormwater treatment shall occur behind the back of proposed sidewalk.

PASSED AND ADOPTED this 20th day of January, 2022 by the following roll call vote:

AYES: COMMISSIONERS: Elle, Doyle, Bhandal, Lewis, Ridley, Fischer, Moreno NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:

Kraig Tambornini, Secretary Tom Fischer, Chairperson
Tom Fischer (Jan 21, 2022 11:05 PST)

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Resolution 2022-02 - AS 20-02 PC reso
Final Audit Report 2022-01-21
Created:2022-01-21
By:Kraig Tambornini ([email protected])
Status:Signed
Transaction ID:CBJCHBCAABAA0TGWIngi1tbNJmRfovb8-rIICsTHwoZ_ Resolution 2022-02 - AS 20-02 PC reso" History
Document created by Kraig Tambornini ([email protected]) 2022-01-21 - 5:53:47 PM GMT- IP address: 66.189.161.134 Document e-signed by Kraig Tambornini ([email protected]) Signature Date: 2022-01-21 - 5:54:37 PM GMT - Time Source: server- IP address: 66.189.161.134 Document emailed to Tom Fischer ([email protected]) for signature 2022-01-21 - 5:54:38 PM GMT
Email viewed by Tom Fischer ([email protected]) 2022-01-21 - 6:02:03 PM GMT- IP address: 104.28.124.186 Document e-signed by Tom Fischer ([email protected]) Signature Date: 2022-01-21 - 7:05:27 PM GMT - Time Source: server- IP address: 97.86.154.181 Agreement completed.
2022-01-21 - 7:05:27 PM GMT

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RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY

APPROVING A TENTATIVE MAP TO SUBDIVIDE THE PROPERTY
LOCATED AT 395 LEWIS STREET (APN: 841-03-062) INTO FOUR PARCELS (FILE NUMBER TM 20-01)

WHEREAS, on March 1, 2021 an application was resubmitted by Qui T. Son, of iMark Designs proposing subdivision of a 1.05 acre site into four lots, located at 395 Lewis Street within the City of Gilroy R1 Single-Family Residential zoning district (“Project”); and

WHEREAS, the application submittal was accepted as complete on June 25, 2021; and

WHEREAS, On November 2, 2020 the Gilroy City Council adopted the Gilroy 2040 General Plan after certifying an EIR for the plan and whereas the General Plan EIR reviewed all of the topics included on the Appendix G environmental checklist in the State CEQA Guidelines as well as all sections required to be included in an EIR; and

WHEREAS, on November 30, 2021, an environmental checklist was prepared for the Project to evaluate the impact categories covered in the City’s certified General Plan EIR to determine whether the project’s impacts have been adequately analyzed in the EIR or whether any new significant impacts peculiar to the project or project site would result; and

WHEREAS, the project has been deemed statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21083.3 and State CEQA Guidelines section 15183 (Projects Consistent with General Plan, Community Plan or Zoning), and categorically exempt pursuant to CEQA Guidelines section 15315 (Class 15, Minor Land Divisions); and

WHEREAS, the Planning Commission held a duly noticed public meeting on January 20, 2022, at which time the Planning Commission received and considered the staff report as well as all evidence received including written and oral public testimony related to the project TM 20-01, and whereas and by unanimous vote recommended to the City Council approval of project TM 20-01; and

WHEREAS, the City Council held a duly noticed public meeting on February 28, 2022, received and considered the staff report as well as all evidence received including written and oral public testimony related to the project TM 20-01; and

WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which the project approval is based is the City Clerk’s Office.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby find as follows:

1. The proposed Tentative Map to subdivide the 1.05 acre property into four (4) new residential lots is consistent with the intent of the goals and policies of the City's General

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Plan and the residential density and uses anticipated within the General Plan Low Density Residential land use designation.

2. The proposed development is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code, and the State Subdivision Map Act given that the size, shape and location of the property complies with all applicable codes and ordinances.

3. Public utilities and infrastructure improvements needed in order to serve the proposed project are in proximity to the site.

4. There will be no significant environmental impacts as a result of this project, which qualifies for statutory and categorical exemptions from the California Environmental Quality Act (CEQA).

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Gilroy hereby approves application TM 20-01, subject to the conditions included as Exhibit A:

PASSED AND ADOPTED this 28th day of February, 2022 by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

APPROVED:

___________________________________
Marie Blankley, Mayor

ATTEST:

________________________________
Thai Nam Pham, City Clerk

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RESOLUTION NO. 2022-XX

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EXHIBIT A

CONDITIONS OF APPROVAL
TM 20-01

PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project ENTITLEMENT(S).

1. APPROVED PROJECT: The approval for Tentative Parcel Map TM 20-01 is granted to subdivide a 1.05-acre site into four (4) single-family residential lots, located at 395 Lewis Street (APN: 841-03-062) within the City of Gilroy R1 Single-Family Residential zoning district as shown on the Parcel Map prepared by Carnes and Ekparian Inc Land Surveyors for Qui T. Son, of iMark Designs, consisting of two (2) sheets, dated October 20, 2020 and received by the Planning Division on March 1, 2021.

Build-out of the project shall conform to the plans, except as otherwise specified in these conditions. Any future adjustment or modification to the plans, including any changes made at time of building permit submittal, shall be considered by the Community Development Director or designee, may require separate discretionary approval, and shall conform to all City, State, and Federal requirements, including subsequent City Code requirements or policies adopted by City Council.

2. COMPLIANCE WITH CONDITIONS: 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 or enforcement actions pursuant to the City Code. All costs associated with any such actions shall be the responsibility of Developer, owner or tenant.

3. INDEMNIFICATION: Developer agrees, as a condition of permit approval, at Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy (“the City”) and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against the 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.

4. SIGNS: No signs are approved as part of this application. Prior to issuance of a sign permit for this site, Developer shall propose well-designed, quality signs that comply with the allowances of the City Code and are to the satisfaction of the Community Development Director or designee.

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5. SIGNAGE: All signage advertising the development project or components thereof, including individual tenants or subdivisions, shall be installed or maintained onsite or offsite as allowed and in conformance with an approved sign permit.

6. WATER LIMITATIONS: Developer shall be advised that the approval is subject to the drought emergencies provisions pursuant to the Gilroy City Code Chapter 27.98.

The following conditions shall be addressed prior to issuance of any BUILDING PERMIT, GRADING PERMIT or IMPROVEMENT PLAN, whichever is first issued, or as otherwise specified in the condition.

7. CONDITIONS OF APPROVAL: On plans submitted for grading permit, developer shall include a plan sheet(s) that includes a reproduction of all conditions of approval of this permit, as adopted by the decision-maker.

8. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit, Developer shall submit a Habitat Permit application to the City of Gilroy. The application shall consist of the application processing fee, Santa Clara Valley Habitat Plan Application For Private Projects and Fees and Conditions Worksheet (available on the Santa Clara Valley Habitat Agency website: https://www.scv-habitatagency.org/) . A grading permit will be issued only after approval of the Habitat Plan permit and payment of assessed fees.

The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL MAP, or other deadline as specified in the condition.

9. TENTATIVE MAP: An approved tentative parcel map, which shall expire twenty-four (24) months from the approval date, may be extended pursuant to the provisions of the Map Act.

The following conditions shall be complied with AT ALL TIMES DURING THE CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition.

10. CONSTRUCTION RELATED NOISE: To minimize potential construction-related impacts to noise, Developer shall include the following language on any grading, site work, and construction plans issued for the subject site

“During earth-moving, grading, and construction activities, Developer shall implement the following measures at the construction site:

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c. Construct sound walls or other noise reduction measures prior to developing the project site;
d. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment; e. Prohibit all unnecessary idling of internal combustion engines; f. Utilize “quiet” models of air compressors and other stationary noise sources where technology exists; and
g. Designate a “disturbance coordinator’ who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem.”

11. CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction- related impacts to air quality, Developer shall require all construction contractors to implement the basic construction mitigation measures recommended by the Bay Area Air Quality Management District (BAAQMD) and shall include the following language on any grading, site work, and construction plans issued for the project site

“During earth-moving, grading, and construction activities, Developer shall implement the following basic control measures at the construction site:

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 onsite or offsite 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 or pathways shall be limited to 15 miles per hour;
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used;
f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 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 visible emissions evaluator; and
h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure

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compliance with applicable regulations.”

12. DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered, the Developer will ensure the contractor employs engineering controls and Best Management Practices (BMPs) to minimize human exposure to potential contaminants. Engineering controls and construction BMPs will include, but not be limited to, the following:

a. Contractor employees working on-site will be certified in OSHA’s 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training; b. Contractor will stockpile soil during development activities to allow for proper characterization and evaluation of disposal options;
c. Contractor will monitor area around construction site for fugitive vapor emissions with appropriate filed screening instrumentation;
d. Contractor will water/mist soil as it is being excavated and loaded onto transportation trucks;
e. Contractor will place any stockpiled soil in areas shielded from prevailing winds; and f. Contractor will cover the bottom of excavated areas with sheeting when work is not being performed.

13. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is discovered during construction of the project, excavations within 50’ of the find shall be temporarily halted or delayed until the discovery is examined by a qualified paleontologist, in accordance with the Society of Vertebrate Paleontology standards. The City shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. If the find is determined to be significant and if avoidance is not feasible, the paleontologist shall design and carry out a data recovery plan consistent with the Society of Vertebrate Paleontology standards.

14. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an accidental discovery of archaeological resources during grading or construction activities, Developer shall include the following language on any grading, site work, and construction plans issued for the project site:

“If archaeological or cultural resources are discovered during earth-moving, grading, or construction activities, all work shall be halted within at least 50 meters (165 feet) of the find and the area shall be staked off immediately. The monitoring professional archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring professional archaeologist is not onsite, the City shall be notified immediately and a qualified professional archaeologist shall be retained (at Developer’s expense) to evaluate the find and report to the City. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party.”

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EXHIBIT A RESOLUTION NO. 2022-XX
Conditions of Approval (TM 20-01)

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15. DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or recognition of any human remains, Developer shall include the following language in all grading, site work, and construction plans:

“If human remains are found during earth-moving, grading, or construction activities, 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.”

ENGINEERING GENERAL CONDITIONS OF APPROVAL

2. GENERAL - Improvement plans (as second sheet in plan set) shall contain Approved Conditions of Approval.

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EXHIBIT A RESOLUTION NO. 2022-XX
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6. GENERAL – Improvement plans are required for both on-site and off-site improvements. A separate plan set for each shall be prepared, or at the approval of the City Engineer, onsite and offsite sheets can be combined into one plan set.

7. GENERAL - Existing overhead utilities shall be undergrounded and related utility poles removed along the property frontage.

9. GENERAL - Prior to any work within public right of way or City easement, the developer shall obtain an encroachment permit from the City.

10. GENERAL - All improvements shall be designed and constructed in accordance with the City of Gilroy Municipal Code and Standard Specifications and Details, and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all off-site storm drainage facilities, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy’s Public Works Director/City Engineer.

12. GENERAL - At first improvement plan submittal, developers engineer shall submit a calculation for sanitary sewer and water generation per the City’s Master Plan design criteria.

13. FEE - The project is subject to the City’s Street Tree, Storm, Sewer, Wat er, Traffic, and Public Facilities Development Impact Fees. Latest City impact fee schedule is available on the City’s website. Payment of Impact Fees is required at first permit issuance. Fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy.

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EXHIBIT A RESOLUTION NO. 2022-XX
Conditions of Approval (TM 20-01)

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16. GRADING & DRAINAGE - 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 added to the grading plans prior to plan approval.

The applicant’s Geotechnical engineer’s approval shall then be conveyed to the City either by letter or by signing the plans.

19. GRADING & DRAINAGE - All grading and improvement plans shall identify the vertical elevation datum, date of survey, and surveyor.

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EXHIBIT A RESOLUTION NO. 2022-XX
Conditions of Approval (TM 20-01)

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24. CONSTRUCTION - All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate.

27. CONSTRUCTION - All work shown on the improvement plans, if applicable, shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director.

28. CONSTRUCTION - If the project has excess fill or cut that will be off-hauled to a site or on- hauled from a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading and Drainage Plan.

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Packet Pg. 177 Attachment: TM 20-01 CC Draft Resolution (3651 : 395 Lewis Street Subdivision)

EXHIBIT A RESOLUTION NO. 2022-XX
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31. CONSTRUCTION - Prior to final inspections, all pertinent conditions of approval and all improvements shall be completed to the satisfaction of the Planning Director and City Engineer.

32. TRANSPORTATION - Any work in the public right-of-way shall require a traffic control plan prepared by a licensed professional engineer with experience in preparing such plans.

33. UTILTIES - The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director.

ENGINEERING PROJECT SPECIFIC CONDITIONS OF APPROVAL

Actual fees will be based on Final Design information.
a. Street Tree = $103
b. Storm Development = $593
c. Sewer Development = $50,004
d. Water Development = $17,176
e. Traffic Impact = $49,060
f. Public Facilities = $85,272

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EXHIBIT A RESOLUTION NO. 2022-XX
Conditions of Approval (TM 20-01)

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Latest City impact fee schedule is available on the City’s website. Payment of Impact Fees is required at first building permit issuance. Fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy.

35. GENERAL – As part of Phase 1 of this project, a Parcel Map shall be completed to subdivide all future lots. Said Parcel map will be presented to the City Council for review and action.

The City Council meeting will be scheduled approximately fifty (50) days after the Parcel Map is deemed technically correct, and Subdivision Improvement Plans with supporting documents, reports and agreements are approved by the City. Developer shall dedicate necessary right of way and public easements for the project development.

41. GRADING & DRAINAGE – An elevation certificate per FEMA requirements must be complete by a Land Surveyor or Civil Engineer prior to occupancy.

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EXHIBIT A RESOLUTION NO. 2022-XX
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42. PUBLIC IMPROVEMENTS – Prior to Parcel Map Approval, the developer shall obtain design approval and bond for all necessary public improvements, including but not limited to the following:
a. Pavement widening, striping, and signing along Chestnut St project frontage. b. Construction of new curb, gutter, 6’ sidewalk, driveways, and ADA curb ramp along Chestnut St. and Lewis St. project frontage.
c. The project is making new pavement cuts which reduces the City Pavement Condition Index. The project shall grind and pave the limits shown on sheet C2 if the improvement plans (Part of the Architectural and Site submittal) with a minimum 2.5” hot mix AC, and with pavement section dig-outs and repairs. Extent of the dig-outs and repairs to be determined by the Developers Geotechnical Engineer and City Engineer.
d. Installation of new City standard streetlights along project frontage. Final streetlight locations shall be to the satisfaction of the City Engineer. e. Storm drain line, laterals, and related facilities along project frontage. f. Existing overhead utilities shall be undergrounded and related utility poles removed along the property frontage and boundary. Underground the overhead lines that currently cross Lewis St. No new overhead utility lines or poles will be allowed. g. Removal of the existing underground utilities no longer being used along the project frontage.
h. Water services and meters per City standards. Each water service shall have a separate lateral from the main to each lot.
i. New Fire Hydrants along project frontage.
j. Sewer laterals, manholes, and related facilities. Sewer facilities cannot be aligned through stormwater treatment facilities.
k. New trees along project frontage.

All improvements must be built to the city Engineer’s satisfaction, and accepted by the City prior to issuance of any first certificate of occupancy for the project.

45. TRANSPORTATION – At first plan submittal, developer shall submit on-site and off-site photometric plans.

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47. UTILITIES – All new services to the development shall be "underground service" designed and installed in accordance with the Pacific Gas and Electric Company, AT&T (phone) Company and local cable company regulations. Transformers and switch gear cabinets shall be placed underground unless otherwise approved by the Planning Director and the City Engineer. Underground utility plans must be submitted to the City prior to installation.

50. UTILITIES – Storm, sewer, and water lines in private areas shall be privately owned and maintained. This should be noted on the title sheet of the project improvement plan.

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52. UTILITIES - Sanitary sewer laterals located in driveways shall have traffic rated boxes and lids.

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original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity.
iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. iv. All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s) or other legal entity approved by the City.
v. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans.
vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan.
e. Stormwater BMP Operations and Maintenance Agreement shall include inspections to 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 certified third party QSP or QSD.
ii. Stormwater facility inspections shall be done at least twice per year, once in Fall by October 1st, in preparation for the wet season, and once in Winter by March 15th. Written records shall be kept of all inspections and shall include, at minimum, the following information:

1. Site address;

2. Date and time of inspection;

3. Name of the person conducting the inspection;

4. List of stormwater facilities inspected;

5. Condition of each stormwater facility inspected;

6. Description of any needed maintenance or repairs; and

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58. WATER QUALITY – Sequence of construction for all Post Construction Required facilities (PCR’s) / stormwater facilities (bioswales, detention/retention basins, drain rock, etc.) shall be done as a final phase of construction to prevent silting of facilities and reduce the intended use of the facilities. Prior to final inspection, all stormwater facilities will be tested by a certified QSP or QSD to meet the minimum design infiltration rate. All tests shall be made at on 20 ft x 20ft grid pattern over the surface of the completed stormwater facility.

59. LANDSCAPING - Landscaping plans shall not conflict with the stormwater management water treatment plan.

60. MASTER PLANS - Confirm the project is in compliance with the City Master Plans. Studies shall identify the development's effect on the City's present Master Plans and the impact of this development to surrounding utility lines. If the results of the study indicate that this development contributes to the over-capacity of the trunk line, developer will be required to mitigate the impact by remove and replace or upsizing of the existing utilities.

62. PROJECT ACCEPTANCE – Certification of grades and compaction is required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan.

63. PROJECT ACCEPTANCE – Prior to building occupancy, provide and obtain approval for all of the items identified in the Public Works Department “Development Project Closeout” list.

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66. All stormwater facilities for future lots shall be owned and maintained by the property owner.

67. No private signage, poles, utilities, etc. allowed in PSE/PUE.

68. Construct new City standard storm drain drop inlet located near the north property boundary.

69. Stormwater treatment shall occur behind the back of proposed sidewalk.

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Packet Pg. 185 Attachment: TM 20-01 CC Draft Resolution (3651 : 395 Lewis Street Subdivision)

RESOLUTION NO. 2021-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY

APPROVING A TENTATIVE MAP TO SUBDIVIDE THE PROPERTY
LOCATED AT 395 LEWIS STREET (APN: 841-03-062) INTO FOUR PARCELS (FILE NUMBER TM 20-01)

WHEREAS, on March 1, 2021 an application was resubmitted by Qui T. Son, of iMark Designs proposing the development of four (4) single-family homes following the subdivision of a

1.05 acre site into four single-family lots, on property located at 395 Lewis Street within the City of Gilroy R1 Single-Family Residential zoning district (“Project”); and

WHEREAS, the application submittal was accepted as complete on June 25, 2021; and

WHEREAS, the Planning Commission held a duly noticed public meeting on January 20, 2022, at which time the Planning Commission received and considered the staff report as well as all evidence received including written and oral public testimony related to the project AS 20-02, and whereas and by unanimous vote recommended to the City Council approval of project AS 20-02; and

WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which the project approval is based is the City Clerk’s Office.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby find as follows:

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Packet Pg. 186 Attachment: AS 20-02 CC Draft Resolution (3651 : 395 Lewis Street Subdivision)

A. The proposed development is permitted and in conformance with the Gilroy Zoning Ordinance development standards including height, setbacks, parking and landscaping, and other adopted policies of the City of Gilroy.

E. The subject site would be provided with adequate sewerage, water, fire protection and storm drainage facilities.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Gilroy hereby approves application AS 20, subject to the conditions included as Exhibit A:

PASSED AND ADOPTED this 28th day of February, 2022 by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

APPROVED:

___________________________________
Marie Blankley, Mayor

ATTEST:

________________________________
Thai Nam Pham, City Clerk

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Packet Pg. 187 Attachment: AS 20-02 CC Draft Resolution (3651 : 395 Lewis Street Subdivision)

EXHIBIT A RESOLUTION NO. 2022-XX
Conditions of Approval (AS 20-02)

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EXHIBIT A

CONDITIONS OF APPROVAL
AS 20-02

PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project ENTITLEMENT(S).

Son, of iMark Designs, consisting of 26 sheets, dated as received by the Planning Division on March 1, 2021.

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5. INDEMNIFICATION: Developer agrees, as a condition of permit approval, at Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy (“the City”) and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against the 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.

7. WATER LIMITATIONS: Developer shall be advised that the approval is subject to the drought emergencies provisions pursuant to the Gilroy City Code Chapter 27.98.

The following conditions shall be addressed prior to issuance of any BUILDING PERMIT, GRADING PERMIT or IMPROVEMENT PLAN, whichever is first issued, or as otherwise specified in the condition.

8. CONDITIONS OF APPROVAL: Developer shall include a plan sheet(s) that includes a reproduction of all conditions of approval of this permit, as adopted by the decision-maker.

12. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit,

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Developer shall submit a Habitat Permit application to the City of Gilroy. The application shall consist of the application processing fee, Santa Clara Valley Habitat Plan Application For Private Projects and Fees and Conditions Worksheet (available on the Santa Clara Valley Habitat Agency website: https://www.scv-habitatagency.org/) . The grading permit will be issued only after approval of the Habitat Plan permit and payment of assessed fees.

13. PAYMENT OF FEES: Developer shall pay all required development impact fees prior to issuance of permits. This includes required park in lieu fees, school fees, traffic impact fees, etc.

14. GARAGE DOORS: Developer shall provide automatic garage door openers for all garages.

All garage entries shall be equipped with a sectional roll-up garage door.

15. FENCES AND WALLS: All fencing and walls are to be shown on construction drawings submitted for building permit review and shall not exceed six (6) feet in height, measured from adjacent grade to the top of the fence or wall. The design and location must comply with all setback requirements.

16. REFUSE STORAGE: Developer shall show on construction documents a minimum 9-foot by 3-foot level concrete pad for storage of three refuse containers in the side yard area or other location approved by the Community Development Director or designee that is out of view from the street. The storage location shall not be within the garage. Developer shall also provide for a paved path from the storage location to the pick-up area (typically the street) that does not require entering the garage. All gates or doors along the path shall be constructed with a minimum clear space of 36-inches to allow passage of the containers.

19. INVASIVE PLANT SPECIES: Developer shall not include any invasive plant species, such as those listed by the California Invasive Plant Council.

21. IRRIGATION SENSORS: Prior to issuance of building permits, developer shall (as part of

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the irrigation system) indicate on construction drawings sensors that suspend or alter irrigation operation during unfavorable weather conditions (e.g. automatic rain shut-off devices).

“The Developer shall be responsible for the retention of a qualified biologist to conduct a survey of the project site and surrounding 500’ for active nests – with particular emphasis on nests of migratory birds – if construction (including site preparation) will begin during the bird nesting season, from February 1 through August 31. If active nests are observed on either the project site or the surrounding area, the project applicant, in coordination with the appropriate City staff, shall establish no-disturbance buffer zones around the nests, with the size to be determined in consultation with the California Department of Fish and Wildlife (usually 100’ for perching birds and 300’ for raptors). The no- disturbance buffer will remain in place until the biologist determines the nest is no longer active or the nesting season ends. If construction ceases for two days or more and then resumes during the nesting season, an additional survey will be necessary to avoid impacts on active bird nests that may be present.”
The following conditions shall be met prior to RELEASE OF UTILITIES, FINAL INSPECTION, or ISSUANCE OF A CERTIFICATE OF OCCUPANCY, whichever occurs first, or as otherwise specified in the condition.

26. PLANNING INSPECTION: Inspection(s) by the Planning Division may be required for the

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foundation, framing, application of exterior materials, and final completion of each structure to ensure that the construction matches the approved plans.

27. SITE CLEAN-UP: Prior to issuance of a certificate of occupancy, Developer shall remove all construction materials, debris, and vehicles from the subject property.

The following conditions shall be complied with AT ALL TIMES DURING THE CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition.

“During earth-moving, grading, and construction activities, Developer shall implement the following measures at the construction site:

a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on Sundays and City-observed holidays;
b. Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area; c. Construct sound walls or other noise reduction measures prior to developing the project site;
d. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment; e. Prohibit all unnecessary idling of internal combustion engines; f. Utilize “quiet” models of air compressors and other stationary noise sources where technology exists; and
g. Designate a “disturbance coordinator’ who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem.”

“During earth-moving, grading, and construction activities, Developer shall implement the following basic control measures at the construction site:

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;

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b. All haul trucks transporting soil, sand, or other loose material onsite or offsite 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 or pathways shall be limited to 15 miles per hour;
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used;
f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 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 visible emissions evaluator; and
h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.”

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this requirement. If the find is determined to be significant and if avoidance is not feasible, the paleontologist shall design and carry out a data recovery plan consistent with the Society of Vertebrate Paleontology standards.

32. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an accidental discovery of archaeological resources during grading or construction activities, Developer shall include the following language on any grading, site work, and construction plans issued for the project site:

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The following conditions shall be complied with AT ALL TIMES that the use permitted by this entitlement occupies the premises.

34. ADDITIONS, ACCESSORY BUILDINGS, AND PATIO COVERS: Building additions and patio covers shall conform to the zoning district or PUD approval, as applicable.

FIRE PREVENTION CONDITIONS OF APPROVAL

1. The submitted plans shall reference the 2019 California Codes (e.g. Building, Fire, Residential, etc.).

3. All residential structures shall be provided with residential fire sprinklers (NFPA13D) including garages. City standards include:

a. A 1-inch meter and 1.5-inch laterals shall be provided to each structure. b. System to comply with NFPA 13D (2016) subject to inspection by the City. c. Riser shall be installed in the garage or approved exterior cabinet. 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 by Gilroy Fire Prevention. 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. g. An exterior bell/horn shall be installed on the bedroom side of the home. The water- flow switch shall be wired to smoke alarms for interior notification. h. Each attic access shall be protected by a pilot head. The pilot head piping (CPVC) shall be provided with adequate insulation.
i. Sprinkler coverage shall be provided underneath stairwells 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.
j. A fire flow test shall be obtained from the Deputy Fire Marshal and included in the

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sprinkler system design calculations. Call 408-846-0451 to schedule a fire hydrant test ($300.00 fee).

4. Chimneys shall have spark arrestors installed. No permanent outdoor, wood-fired fireplaces/pits are allowed. Trees and tree branches shall not be within 10 ft of a chimney.

5. Landscaping in the open space areas shall be maintained so as not to become a fire hazard.

Portions of these parcels may extend into the watercourse located on the West side of the property. All dead and dry vegetation to be removed by May 15th each year and to be maintained until November.

6. 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 GENERAL CONDITIONS OF APPROVAL

2. GENERAL - Improvement plans (as second sheet in plan set) shall contain Approved Conditions of Approval.

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7. GENERAL - Existing overhead utilities shall be undergrounded and related utility poles removed along the property frontage.

9. GENERAL - Prior to any work within public right of way or City easement, the developer shall obtain an encroachment permit from the City.

10. GENERAL - All improvements shall be designed and constructed in accordance with the City of Gilroy Municipal Code and Standard Specifications and Details, and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all off-site storm drainage facilities, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy’s Public Works Director/City Engineer.

12. GENERAL - At first improvement plan submittal, developers engineer shall submit a calculation for sanitary sewer and water generation per the City’s Master Plan design criteria.

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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 added to the grading plans prior to plan approval.

The applicant’s Geotechnical engineer’s approval shall then be conveyed to the City either by letter or by signing the plans.

19. GRADING & DRAINAGE - All grading and improvement plans shall identify the vertical elevation datum, date of survey, and surveyor.

23. PUBLIC IMPROVEMENTS - The developer shall repair or replace all existing improvements not designated for removal and all new improvements that are damaged or

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removed because of developer's operations. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions.

24. CONSTRUCTION - All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate.

27. CONSTRUCTION - All work shown on the improvement plans, if applicable, shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director.

31. CONSTRUCTION - Prior to final inspections, all pertinent conditions of approval and all improvements shall be completed to the satisfaction of the Planning Director and City Engineer.

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32. TRANSPORTATION - Any work in the public right-of-way shall require a traffic control plan prepared by a licensed professional engineer with experience in preparing such plans.

33. UTILTIES - The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director.

ENGINEERING PROJECT SPECIFIC CONDITIONS OF APPROVAL

35. GENERAL – As part of Phase 1 of this project, a Parcel Map shall be completed to subdivide all future lots. Said Parcel map will be presented to the City Council for review and action.

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41. GRADING & DRAINAGE – An elevation certificate per FEMA requirements must be complete by a Land Surveyor or Civil Engineer prior to occupancy.

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i. New Fire Hydrants along project frontage.
j. Sewer laterals, manholes, and related facilities. Sewer facilities cannot be aligned through stormwater treatment facilities.
k. New trees along project frontage.

All improvements must be built to the city Engineer’s satisfaction, and accepted by the City prior to issuance of any first certificate of occupancy for the project.

45. TRANSPORTATION – At first plan submittal, developer shall submit on-site and off-site photometric plans.

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c. Will Serve Letter” from each utility company for the subdivision shall be supplied to the City.

50. UTILITIES – Storm, sewer, and water lines in private areas shall be privately owned and maintained. This should be noted on the title sheet of the project improvement plan.

52. UTILITIES - Sanitary sewer laterals located in driveways shall have traffic rated boxes and lids.

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impervious and pervious areas on site. Provide a separate hatch or shading for landscaping/pervious areas on-site including those areas that are not bioretention areas. This stormwater control plan report format does not replace or is not in lieu of any stormwater control plan sheet in improvement plans. b. The stormwater control plan shall include a signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. c. At developer’s sole expense, the stormwater control plan shall be submitted for review by an independent third party accepted by the City for compliance. Result of the peer review shall be included with the submittal for City evaluation. d. Prior to plan approval, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City, including Exhibit A and Exhibit B.
i. The City shall record this agreement against the property or properties involved and it shall be binding on all subsequent owners of land served by the stormwater management treatment BMPs. The City-standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering.
ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity.
iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. iv. All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s) or other legal entity approved by the City.
v. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans.
vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan.
e. Stormwater BMP Operations and Maintenance Agreement shall include inspections to 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 certified third party QSP or QSD.
ii. Stormwater facility inspections shall be done at least twice per year, once in Fall by October 1st, in preparation for the wet season, and once in Winter by March 15th. Written records shall be kept of all inspections and shall include, at minimum, the following information:

1. Site address;

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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

59. LANDSCAPING - Landscaping plans shall not conflict with the stormwater management water treatment plan.

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completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Developer.

62. PROJECT ACCEPTANCE – Certification of grades and compaction is required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan.

63. PROJECT ACCEPTANCE – Prior to building occupancy, provide and obtain approval for all of the items identified in the Public Works Department “Development Project Closeout” list.

66. All stormwater facilities for future lots shall be owned and maintained by the property owner.

67. No private signage, poles, utilities, etc. allowed in PSE/PUE.

68. Construct new City standard storm drain drop inlet located near the north property boundary.

69. Stormwater treatment shall occur behind the back of proposed sidewalk.

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City of Gilroy

STAFF REPORT

Agenda Item Title: Introduction Of An Ordinance To Mandate Electronic And Paperless Filing of Fair Political Practices Commission Campaign Disclosure Statements
Meeting Date: February 28, 2022
From: Jimmy Forbis, City Administrator
Department: City Clerk
Submitted By: Thai Pham
Prepared By: Thai Pham

Strategic Plan Goals
☐ Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION
Staff recommends to waive the first reading and introduce an ordinance to mandate electronic and paperless filing of Fair Political Practices Commission campaign disclosure statements and statements of economic interest.

BACKGROUND
The City of Gilroy is currently a paper-filing agency for statutory Fair Political Practices Commission (FPPC) campaign disclosure forms. Appointed officials, City Cou ncil candidates, campaign committees and designated City employees may file their statements in hard copy form only, with an original signature per FPPC regulations.

Filers identified in Government Code Section 87200 have the alternative option to file electronically directly with the FPPC.

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Pursuant to Government Code Section 84615, local agencies may mandate electronic filing of FPPC disclosure statements. To increase efficiency and facilitate compliance with state law and FPPC regulations, the City Clerk’s Office looks to employ a system for electronic filing of economic and financial disclosure statements for all required filers in the Gilroy organization. In addition to increased efficiency, electronic filing will eliminate the need for wet signatures, will redact statements posted online, and will automatically link to the FPPC’s system. If approved, all filers will be required to submit their statutory filings through the automated system, and paper filings will no longer be accepted. However, to support the City’s efforts towards diversity, equity and inclusion, the City Clerk, as the City’s filing officer, will have the right to accept a paper filing in lieu of an electronic filing at the City Clerk’s discretion, under certain circumstances, and to accommodate an Americans with Disabilities Act (ADA) request. Examples of exceptions may include limited access to an electronic device or internet connection.

In order for the City of Gilroy to accept electronically filed statements, the City Council must adopt an ordinance permitting the use of an online filing system for filing and designating the filings received electronically by the City Clerk’s Office as the filings of record for the City. In addition, the system must operate securely and effectively, be no cost to filers, be available to the public to view filings, not place an undue burden on filers, and include procedures for filers to comply with the requirement that they sign statements and reports under penalty of perjury.

ANALYSIS
The City Clerk’s Office entered into a contract with NetFile, a hosted solution created specifically for cities and counties responsible for Statements of Economic Interest, which meets the requirements of the Secretary of State and allows for electronic and paperless filing of campaign statements back in 2015. NetFile is widely used by other agencies in the region and throughout California. The office intends to enter a contract with the same vendor to administer campaign finance filings.

Campaign Finance Disclosure Statements (Form 460)

Adoption of the proposed ordinance is required to implement electronic filings of the campaign finance component of the NetFile system and will only apply to those filers that exceed a threshold of $2,000 for expending or receiving campaign funds. This threshold is consistent with the Political Reform Act (the “Act”), which recognizes campaigns that spend or raise more than $2,000 as “Controlled Committees.” Under the Act, these types of committees are obligated to file detailed campa ign finance

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disclosure statements, also known as Form 460s. For those smaller campaigns that do not exceed the $2,000 threshold, they may continue to file paper versions of the Form 470 disclosure forms. It should be noted that the NetFile system is able to accommodate the online filing of several types of required forms by the FPPC, including Forms 460, 470, 496, and 497, which are the most commonly used in Gilroy’s local election campaigns.

Statement of Economic Interest (Form 700)

The “Statement of Economic Interest” Form 700 component of NetFile does not require an ordinance, however staff recommends that all designated Form 700 filers identified in the City’s Conflict of Interest Code also be required to file electronically in order to be in alignment with the City’s transition to electronic, paperless filing pursuant to Government Code 84615.

Upon adoption of the ordinance, filers of campaign disclosure statements will use the online system, unless exempt from the requirement to file online pursuant to Government Code Section 84615(a) because the officer, candidate, or committee receives less than $2,000 in contributions and makes less than $2,000 in expenditures in a calendar year.

An alternative to the proposed mandate ordinance is to provide for o pt-in electronic filings, which would allow FPPC statements to be filed electronically, but paper filings would still be accepted. To maintain consistency with processing and publishing filers’ FPPC statements, staff does not recommend the “opt-in” ordinance. The proposed mandate ordinance will still allow the City Clerk to accept a paper filing in lieu of an electronic filing at the City Clerk’s discretion, under certain circumstances, and to accommodate an ADA request.

To ensure a smooth transition, and as part of the agreement and acquisition of the system, NetFile and the City Clerk’s Office can offer extensive training to filers and committees. Staff can schedule one-on-one training with NetFile staff and individual filers and treasurers that will cover the entire electronic filing process including the set- up of filer accounts, explanation of the online filing process, demonstration of the data input and saving reports, preparation of statements for e-signature, and finalizing statements for electronic filing.

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In terms of security, the NetFile system is a web-based, vendor-hosted application that utilizes “industry best practices” for securing data, using the same data encryption for online filings that is used by banks for online banking. NetFile stor es and backs up data at three separate locations, creating the essential safety measures and redundancy that will allow for recovery of information in the event of an emergency or disaster. The City’s data will be retained for the required minimum 10-year period.

Implementation of the NetFile system will promote transparency and provide convenience for committees, individuals, and the public. It provides 24 -hour filing and viewing accessibility of campaign finance information from any computer, anywhere. In certain instances, the NetFile program will also increase the accuracy of filed campaign statements by prohibiting any filings that may have inadvertently omitted required information under the Act (e.g. missing addresses or the stated occupation of indi vidual donors).

Government Code Section 84615

A local government agency may require an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 (commencing with Section 84100) to file online or electronically, unless the officer, candidate, or committee receive less than $2000 in contributions and have less than $2000 in expenditures in a calendar year. The following is a summary of requirements that local government agencies must meet:

(1) The local legislative body must adopt an ordinance approving such online filing and include a legislative finding that the online or electronic filing system will operate securely and effectively and would not unduly burden filers; (2) The electronic system used must accept filings that are compatible with format developed by Secretary of State, must ensure security and integrity of data, and must provide a way for electronic filer to sign under penalty of perjury; (3) No charge to file;
(4) File date will be the date received by the local filing officer; (5) Specifies that a timely electronic confirmation along with a copy of filing kept by the filer constitute rebuttable presumption that filing was timely; (6) Filings must be made available on the Internet, with certain information removed, and requires the local filing officer to make complete and unredacted copies of electronic filings available to any person upon request;

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(7) The data shall be maintained for at least 10 years for audit purposes and then may then be archived in a secure format;
(8) Notwithstanding any other provision of law, any statement, report, or other document filed online or electronically pursuant to this section shall not be required to be filed with the local filing officer in paper format.

In order to comply with state law, the requirements from Government Code Section 84615 have been incorporated in the proposed ordinance for the City to transition to an electronic filing system (Attachment A).

ALTERNATIVES
The City Council may elect to not introduce the ordinance and remain a paper filing agency, or may choose to instead enact an “opt -in” ordinance where electronic filing will be optional, but not required.

FISCAL IMPACT/FUNDING SOURCE
The contract amount for the NetFile campaign filing system is $2,650 per year for up to five years, for a total of $13,250 through FY 2025-26. Funds are budgeted and available in the City Clerk’s budget for FY 2021-22 and FY 2022-23.

CONCLUSION
Staff recommends that Council waive the first reading and introduce an ordinance to mandate electronic and paperless filing of Fair Political Practices Commission campaign disclosure statements and statements of economic interest

Attachments:

1. Proposed Ordinance

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Ordinance No. 2022-__ Page 1 of 3 First Reading: February 28, 2022 Second Reading: March 7, 2022

ORDINANCE NO. 2022-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY ADDING ARTICLE XIV TO CHAPTER 2 THE

GILROY CODE TO MANDATE ELECTRONIC AND

PAPERLESS FILING OF FAIR POLITICAL PRACTICES

COMMISSION CAMPAIGN DISCLOSURE STATEMENTS

AND STATEMENTS OF ECONOMIC INTEREST

WHEREAS, California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online or electronically with the City Clerk; and
WHEREAS, the City of Gilroy (“City”) has entered into an agreement with a vendor approved by the California Secretary of State and meets the requirements set by Government Code Section 84615, to provide an online electronic filing system (“System”) for the California Fair Political Practices Commission campaign statements; and WHEREAS, the System will operate securely and effectively and will not unduly burden filers. Specifically: (1) the System will ensure the integrity of the data and includes safeguards against efforts to temper with, manipulate, alter, or subvert the data; (2) the System will only accept a filing in the standardized record format developed by the Secretary of State and compatible with the Secretary of State's system for receiving an online or electronic filing; and (3) the System will be available free of charge to filers and to the public for viewing filings.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS:

SECTION 1. FINDINGS.

The City Council of the City of Gilroy finds and determines as follows:

A. California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, or committee required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online or electronically with the City Clerk.

B. The web-based system operated by the City Clerk contains multiple safeguards to protect the integrity and security of the data, it will operate securely and effectively, and it will not unduly burden filers.

C. The City Clerk will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615 and any other applicable laws.

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Packet Pg. 212 Attachment: Proposed Ordinance (3643 : Mandate Electronic and Paperless Filing of FPPC Campaign Disclosures)

Ordinance No. 2022-__ Page 2 of 3 First Reading: February 28, 2022 Second Reading: March 7, 2022

SECTION 2. ADOPTION OF CITY CODE CHAPTER 2, ARTICLE XII.

Gilroy Code Chapter 2 (Administration), Article XIV (Electronic Filing of Campaign Disclosure Statements and Statements of Economic Interest) is hereby added to read as follows:

ARTICLE XIV. - ELECTRONIC FILING OF CAMPAIGN DISCLOSURE STATEMENTS

AND STATEMENTS OF ECONOMIC INTEREST
Section 2.91. Purpose and Authority.

A. The purpose of this ordinance is to require the filing of Campaign Disclosure Statements and Statements of Economic Interest by elected officials, candidates, staff, consultants or committees to be completed electronically. The City Council enacts this ordinance in accordance with the authority granted to cities by state law. This ordinance is intended to supplement, and not conflict with, the Political Reform Act.

B. While electronic filing of statements will be mandated under this ordinance, the City Clerk, as the City’s filing officer, will have the right to accept a paper filing in lieu of an electronic filing at the City Clerk’s discretion, under certain circumstances, and to accommodate an Americans with Disabilities Act (ADA) request.

Section 2.92. Basic Requirement.

A. An elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act or designated in the City’s local conflict of interest code adopted pursuant to Government Code Section 87300 shall file any required Statement of Economic Interests (Form 700) online or electronically with the City Clerk. Electronic filing is mandatory unless the officer, candidate, or committee is exempt as described Government Code 8415(a).

B. The City Clerk shall issue an electronic confirmation that notifies the filer that the Statement was received, and the notification shall include the date and the time that the Statement was received and the method by which the filer may view and print the data received by the City Clerk. The date of filing for a Statement filed online shall be the day that it is received by the City Clerk.

C. If the City Clerk's system is not capable of accepting a Statement due to technical difficulties, a Statement in paper format shall be filed with the City Clerk.

D. The City Clerk will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615.

SECTION 3. CEQA- EXEMPTION: This proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.). The ordinance is not a project under CEQA Guidelines Section 15378 because it involves administrative activities that will not result in direct or indirect physical changes in the environment.

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Ordinance No. 2022-__ Page 3 of 3 January 24, 2022

SECTION 4. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council of the City of Gilroy hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.

SECTION 5. EFFECTIVE DATE. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 21st day of March, 2022 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Marie Blankley, Mayor
ATTEST:

Thai Nam Pham, City Clerk

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Packet Pg. 214 Attachment: Proposed Ordinance (3643 : Mandate Electronic and Paperless Filing of FPPC Campaign Disclosures)

City of Gilroy

STAFF REPORT

Agenda Item Title: Social Media Use Policy
Meeting Date: February 28, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Rachelle Bedell
Rachelle Bedell

Strategic Plan Goals
☐ Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION
Staff recommends approval and adoption of the Social Media Use Policy.

EXECUTIVE SUMMARY
The City has prepared a Social Media Use Policy to establish guidelines for the use of the City’s Official Social Media Sites. If approved, this policy would establish standards for the creation and closure of Official Social Media Sites, set -up and governance, responding to posts, comments, and messages, and personal use of social media by employees. This policy would also establish some guidelines for possible Council, Commission, Committee, and Board Official Social Media Sites and guidelines for Legislative Body use of social media.

BACKGROUND

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The City is currently operating without a Social Media Policy to guide its efforts in using the various platforms for engaging the community. The establishment of a policy will provide much needed structure and guidance for the use of social media platforms by staff. Staff has engaged with a consultant and reviewed social media policies and best practices from over a dozen local cities and counties to prepare the draft policy being brought before Council today.

ANALYSIS
The City of Gilroy Social Media Policy, if approved, will provide a framework for administering and using the Official City of Gilroy So cial Media Sites.

The policy establishes (1) a set process for requesting and administering Official Social Media Sites on behalf of Departments and Legislative Bodies, (2) regulations for the set-up and governance of Official Social Media Sites, (3) a se t process for responding to posts, comments, and messages on Official Social Media Sites, (4) guidelines for the use of social media by City Officials, and (5) guidelines for personal use of social media by employees.
(1) Establishing a set process for requesting and administering Official Social Media Sites for Departments and Legislative Bodies (in summary)
To help ensure positive outcomes with any and all Official Social Media Sites, each account should only be established after careful review and approval. In general, the policy states that any department or established Legislative Body may petition to create an Official Social Media Site. All Official Social Media Sites will be maintained by a designated employee (for departments) or staff liaisons (for Legislative Bodies). The petition must identify a plan consistent with requirements for maintaining the site per the policy.
(2) Regulations for the set-up and governance of Official Social Media Sites (in summary)
Employees designated to maintain, administer, and/or post on an Official Social Media Site on behalf of the City must be authorized to do so in writing by the Administrator (City Administrator or designee). These “Authorized Users” must follow the requirements for governance of the site per the policy. (3) A set process for responding to posts, comments, and messages on Official Social Media Sites
The Policy establishes standards for the possible editing or deleting of posts or comments. It also establishes that no post, comment, or other content shall be removed solely simply because it is critical of the City, City Officials, employees, or programs, or because City staff disagrees with the viewpoint of the comment. (4) Standards for the use of social media by City Officials

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The policy established standards for City Officials who are authorized to use social media in an official capacity. These standards include but are not limited to:
a. The City does not create or provide support for individual accounts for City Officials; personal account posts regarding matters before City or within jurisdiction can be deemed “official city business” subject to freedom of speech, records retention and production, and public transparency . b. Clear separation is required for official and personal accounts. Requirements to help separate communications from different accounts include but are not limited to: personal accounts not being made in the name of the position held; no use of City logo or symbol; and content not representing the official position(s) of the City.
c. To avoid Brown Act violations, AB 992 allows City Officials to use a social media site to engage on matters within the subject matter jurisdiction for specific purposes, but may not communicate directly with other members’ social media accounts.
d. The policy identifies requirements about the content on City Official’s social media accounts, including diligence about accurate reporting during crises or emergencies, correction of any errors quickly upon discovery, allow news of citywide importance to be posted to the City’s off icial social media sites first, and not representing themselves as a spokesperson for the entire legislative body or the City, unless officially designated as so.

More detailed information is available in the attached policy for review. (5) Guidelines for personal use of social media by employees While the City does not monitor employees’ personal social media accounts, this section sets forth suggested guidelines to follow when referring to the City. These guidelines help to ensure a distinction between sharing personal and agency views/information.

ALTERNATIVES

1. Approve the policy with further changes or revisions.

2. Reject the policy. Rejection would mean the City continues to operate without a social media policy in place. Staff does not recommend this option. Not adopting a social media policy leaves the City vulnerable to misuse and liability.

FISCAL IMPACT/FUNDING SOURCE
The Social Media Use Policy was included in the Communication and Engagement Division’s FY22 workplan. The consultant cost is not to exceed $10,250 and is included in the adopted budget.

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CONCLUSION
Social media networks offer substantial opportunities to communicate and engage with our community. When used properly, they can provide an effective avenue for public outreach and dissemination of information. However, as with other interactive uses of the internet, posting information on social media is not without risks. If approved, this Social Media Policy would establish standards and guidelines to streamline the City’s use of social media and protect against possible negative outcomes.

Attachments:

1. [DRAFT] 2022 Gilroy Social Media Use Policy

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Social Media Use Policy

City of Gilroy
Policy No: ####
Original Policy Approval Date: 00/00/2022
Approved By: _________________________

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Packet Pg. 219 Attachment: [DRAFT] 2022 Gilroy Social Media Use Policy (3575 : Social Media Policy)

2 Table of Contents

1 Definitions ............................................................................................................................... 3 2 Purpose and Scope.................................................................................................................. 5 3 Official Social Media Sites ....................................................................................................... 7

3.1 Creation of Social Media Sites .......................................................................................... 7

3.2 Governance of Official Social Media Sites........................................................................ 7

3.3 Responding to Posts, Comments, and Messages ........................................................... 10

3.4 Public Terms of Use ........................................................................................................ 10

3.5 Public Records Retention ............................................................................................... 11 4 Council, Commission, Committee, and Board Use of Social Media ..................................... 12

4.1 Creation of Social Media Sites ........................................................................................ 12

4.2 City Officials’ Use of Social Media .................................................................................. 12 5 Personal Use of Social Media ................................................................................................ 15

5.1 Rules and Guidelines ...................................................................................................... 15 6 Failure to Adhere to Policy.................................................................................................... 17

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3 1 Definitions

For purposes of this policy, the following definitions apply:

Administrator
The single person who oversees and, ultimately, controls all official Social Media Sites for the City. The Administrator will be the City Administrator or their designee.

Authorized Users
City employees, staff liaisons for governing bodies, attorneys, and any consultants, providers, and contractors that are using Social Media in an official capacity for City business. The Administrator will determine, in their sole discretion, who is an Authorized User.

City Officials
Any elected or appointed official sitting on a Legislative Body of the City. These may include, but are not limited to, City Councilmembers, commissioners, board members and committee members.

Comment
Any reply on a post on an official Social Media Site. Comments may appear organized as threads, depending on the Social Media Site. A public user may add a comment, and an Authorized User may reply to that comment with another comment, depending on the situation.

Legislative Body
The City Council and any City Boards, Commissions and/or Committees.

Message
Any direct, private written communication from the public to an Official Social Media Site.

Official Social Media Site
Any Social Media Site controlled by an Authorized User that is used to promote, discuss, carry out, or reference City-related business and/or activities. These sites will clearly communicate they are representative of the City as a whole or of a specific Department or Division as applicable.

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4 Post
Any content an Authorized User initially publishes on an official Social Media Site. The medium of a post can range from plain text, to hyperlinks, to images, to videos, etc. This definition also applies to more ephemeral content such as Facebook/Instagram "Stories."
Social Media
Online sources that allow people to communicate, share information, share photos, share videos, share audio, and exchange text and other multimedia files with others via some form of online or cellular network platform. These online sources may include, but are not limited to, channels, networks, and technology, such as Facebook, LinkedIn, Twitter, Instagram, Nextdoor, YouTube, and similar platforms or kinds of electronic networking services (collectively, "Social Media Networks").

Tag or Mention
Using a Social Media Site's built-in feature to notify another user of a post or comment.

The tag or mention usually begins with "@" followed by the username of the referenced user's Social Media Site.

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Packet Pg. 222 Attachment: [DRAFT] 2022 Gilroy Social Media Use Policy (3575 : Social Media Policy)

5 2 Purpose and Scope

Social media networks offer substantial opportunities to communicate to a significant segment of the population. If used properly, they may provide a benefit to the City of Gilroy by providing an additional avenue of public outreach and dissemination of information. To address the fast- changing landscape of the Internet and the way residents communicate and obtain information online, the City encourages the use of social media (where appropriate) to further the goals of the Gilroy City Council and City leadership.

However, as with other interactive uses of the internet, posting information on social media is not without risks. Use of such networks for official City purposes raises legal issues that are unique to the City and generally do not affect private persons or entities. This includes, for example, the applicability of the Brown Act and the California Public Records Act. The City has an overriding interest and expectation in protecting the integrity of the information posted on its Official Social Media Sites in the name of and on behalf of the City, and the content that is attributed to the City and its officials.

This Social Media Use Policy establishes guidelines for the City participation in and Authorized Users' use of Social Media for City business. The City intends for its use of any Official Social Media Site to relate solely to matters of City business and does not, in any way, intend to--nor actually create--general public forums. While this policy acknowledges that Social Media is one way to engage with others, this policy is not intended to require the City nor any Authorized User acting in an official agency capacity to actually use social media.

All Authorized Users shall comply with this policy in all respects. This policy is subject to revision at any time. This policy may be changed without prior notice when deemed necessary to fully protect the City’s interests and/or the public’s interests. If it is necessary to change this policy without providing prior notice to employees, the City shall notify the employees of the change at the earliest possible time. All Authorized Users who have been authorized for social media access shall sign an acknowledgement of receipt of this policy indicating that they have read and understand all of its provisions and agree to be bound by the same. Before posting on Official Social Media Sites, the Authorized Users must check the most current policy to ensure compliance.

When posting on Official Social Media Sites on behalf of the City, Authorized Users are, in effect, serving as the voice of the City. The City has an overriding interest and expectation in deciding what is "announced" or "spoken" on behalf of the City on social media. Therefore, all participation on social media must be in accordance with the provisions set forth herein.

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6 This policy establishes standards for:
• Authorized Users who have permission to post information on Official Social Media Sites on behalf of the City, during working hours, non-working hours (subject to limitations determined by managers), and/or at the workplace;
• City Officials who are authorized to use social media in an official capacity; • Public users who view and/or engage with content from the City's Official Social Media Sites, or who Message the City through the City's Official Social Media Sites; and • Employees’ personal use of Social Media as it relates to the City.

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7 3 Official Social Media Sites

3.1 Creation of Social Media Sites
The Administrator may, in their sole discretion, establish a new Official Social Media Site.

Creation of any such Official Social Media Site must be proposed, in writing, by the Department Director to the Administrator. The Administrator may, in their sole discretion, approve, deny, or modify the creation of such sites. No one may create an Official Social Media Site without the prior written authorization of the Administrator. Consideration shall be given to the overall purpose of the requested site, the perceived ability of Authorized Users to maintain a new site, and its suitability for use for City purposes.

All Official Social Media Sites, except for Facebook, shall use official City contact information for account set-up, monitoring, and access. The use of personal email accounts or phone numbers by any City employee is not allowed for the purpose of setting up, monitoring, or updating an Official Social Media Site other than Facebook. Facebook’s policies require users to manage Facebook Pages from a real, personal Facebook Profile. If a user creates a fake and/or duplicate Facebook Profile to manage a Facebook Page, the Facebook Page may be flagged and restricted, causing the City to lose access to the Page.

Authorized Users and their managers are responsible for the creation, administration, posting and deactivation of Official Social Media Sites.

The Administrator shall have ultimate authority over all City participation on Official Social Media Sites and may order the deactivation of all or part of an Official Social Media Site if the Administrator, in their sole discretion, determines that the content or site is not in the best interests of the City. If there is an existing Official Social Media Site without any new Posts for two (2) months or longer, with the exception of sites such as YouTube and Nextdoor, it should be deleted or merged with another Official Social Media Site, consistent with current City Records Retention policies. The Authorized User in charge of the site in question must provide written confirmation to the Administrator if they intend to delete or not use an Official Social Media Site before deactivation.

3.2 Governance of Official Social Media Sites
Only Authorized Users acting in an official capacity who utilize social media on behalf of the City, authorized in writing by the Administrator, are permitted to maintain, administer, and/or post on an Official Social Media Site on behalf of the City of Gilroy.

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8 In approving an Official Social Media Site, the Administrator shall designate at least one Authorized User who will be responsible for the regular monitoring and maintenance of that particular Official Social Media Site.

Authorized Users who use Official Social Media Sites on behalf of the City must adhere to the following rules:
• Any and all information posted on behalf of the City by Authorized Users on Official Social Media Sites should directly pertain to the City and be of citywide interest, address issues within the scope of their specific authorization, and contain factual information that is freely available to the public and that is not made confidential by any policy of the City, or by local, state, or federal laws. • Authorized Users should conduct themselves at all times as a representative of the City and in accordance with all City policies.
• Authorized Users should review, become familiar with, and comply with the designated social media network policies and terms and conditions. • Official Social Media Sites shall use account names or usernames that are clearly identifiable as representing the City. Examples include but are not limited to:
@CityofGilroy @GilroyPolice @GilroyParksandRec.
• Profiles or account information for Official Social Media Sites must contain a valid City username, address, website, and phone number.
• Authorized Social Media Sites must clearly indicate the Department or Legislative Body they represent on their home page or Bio or About section. • Authorized Users may not use or include personal email addresses or any other personal information in the user profiles and/or posted content for Official Social Media Sites. Instead, Authorized Users may use their name, title, and a city email address. If an Authorized User wishes, they may request a “common” email address from the IT department (i.e. "[email protected]"). • The City logo (with or without the department name) or a City Department or Division logo shall be used as the account Profile Picture and/or included in a Cover Photo (AKA "banner image"). If a Department or Division wishes to use an alternate image as the Profile Picture or Cover Photo, they must obtain approval from the

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9 Administrator before changing the existing photo and assure any photo used is not subject to federal copyright protection.
• Photographs, videos, or images of anyone who can be readily identified by the naked eye should not be posted to Official Social Media Sites without first obtaining the depicted person’s written consent. If the person depicted in the photograph, video, or image is a minor or someone incapable of providing consent, the City must obtain the consent of the depicted person’s parent or legal guardian before posting the photograph, video, or image to an Official Social Media Site. Consent is implied within public spaces or at City-sponsored events, unless otherwise stated.

Authorized Users may consult the Administrator for guidance on using media from/for special projects or campaigns.
• Language that is sexually explicit, or that is lewd or obscene, racial, promotes religious beliefs, political, or illegal, or that expresses a personal opinion, except as provided in section 3.3 "Responding to Posts, Comments and Messages" is prohibited.
• Solicitation; engaging in or endorsing any commercial, products or activities is prohibited. This provision is not intended to limit the City’s ability to support business in Gilroy generally, but to refrain from supporting one particular business or a particular commercial enterprise or sole business. • Comments in support of or in opposition to elected and appointed City Officials, political candidates, political campaigns, ballot measures, and matters that may reasonably be agendized for consideration by the City Council, and/or any other Legislative Body are prohibited.
• Authorized Users should avoid posting about the following items, unless approved in advance by the City Administrator or City Attorney:
• Actual or perceived threats to public health, safety or property; • Actual or potential legal claims, lawsuits or other legal issues; • Personnel or medical matters;
• Criminal investigations and content regarding crime scenes;

While Official Social Media Sites are to be used for City business and for the purposes stated herein, they are not intended to replace nor serve as the primary means of the City’s

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10 communication with anyone. The City has an official website. This website shall remain the primary means of online communication with the public and should be the primary link used on accounts and in posts as much as possible.

Except as expressly provided in this policy, Authorized Users accessing any Official Social Media Site shall comply with all applicable policies of the City, including, but not limited to those policies that pertain to use of the internet by Authorized Users acting in an official capacity.

3.3 Responding to Posts, Comments, and Messages
Authorized Users should be aware that it is not always possible or recommended on social media networks to disable the feature that allows or permits responsive posts by members of the public. By permitting use of this feature, the City does not intend to create a general public forum, and all Comments and Posts must comply with this Social Media Policy. In addition, most social media networks have their own terms of use and standards of conduct. All content posted on an Official Social Media Site must comply with this Social Media Policy and any host site user guidelines. The City reserves the right to remove any Post or ban any posters from the site at its sole discretion for violation of this Policy or applicable guidelines.

Some social media networks provide the ability to hide or delete posts from the public. If the Authorized Users wish to hide or delete a Post or Comment, they need to coordinate with the Administrator and possibly the City Attorney. If the Post is to be deleted, there is a documentation process for public records that needs to be followed first. Standard practice for social media is that once a Post is published, it should not be deleted. It can be edited as long as it does not change the original intent of the Post.

No Post, Comment, or other content shall be removed solely simply because it is critical of the City, City Officials, employees, or programs, or because city staff disagrees with the viewpoint of the Comment, content or submittal. On social media networks where the feature is available, a "strong" profanity filter should be enabled to automatically prohibit Comments and Posts with profanity.

3.4 Public Terms of Use
Every Official Social Media Site that allows Comments or Posts from the public must include the disclaimer/terms of use (see Appendix A) located in a readily accessible part of

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11 each Social Media Site, such as the privacy policy, the “about us” section, or a "pinned" post.

3.5 Public Records Retention
All content posted on an Official Social Media Site should be assumed to be subject to the California Public Records Act, California’s civil discovery statutes, and other applicable laws requiring the disclosure of public records. All content must be managed, stored, and retrieved to comply with these laws, including any photographs or images. In addition, all content subject to the City’s records retention policy must be maintained consistent with that policy. Any content on Official Social Media Sites shall be maintained in a format that preserves the integrity of the original record and must be easily accessible using the approved City platform and tools. Any content submitted for posting that is deemed unsuitable because it is not topically related or is inappropriate under this policy must also be retained pursuant to the applicable record retention schedule.

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12 4 Council, Commission, Committee, and Board Use of Social Media

4.1 Creation of Social Media Sites
Any established Legislative Body within the City may request from the Administrator to create an Official Social Media Site on behalf of the City.

Creation of any such site must be proposed, in writing, by the Legislative Body staff liaison, to the Administrator. The Administrator may, in their sole discretion, approve, deny, or modify the creation of such sites. A Body may not create an Official Social Media Site without the prior written authorization of the Administrator. Consideration shall be given to the overall purpose of the requested site, the perceived ability of Authorized Users to maintain a new site, and its suitability for use for City purposes.

4.2 City Officials’ Use of Social Media
The City does not create or provide support for individual social media accounts for City Officials. City Officials who maintain personal social and other digital media accounts should be aware that--similar to City email or any other written or recorded communication related to the official conduct of city business--digital communications, Social Media Posts and Messages by City Officials regarding matters that are before the City for action or within City jurisdiction can be “official city business” subject to laws and policies regarding freedom of speech, records retention and production, and public transparency. Those laws and policies include, but are not necessarily limited to: the California and United States Constitution, the California Public Records Act, the Ralph M.

Brown Act, and the City’s records retention regulations.

City Officials participating in digital or social media communications shall maintain and clearly delineate between separate accounts for official and personal/campaign statements, taking precaution not to convey personal/campaign communications in a manner that suggests such communications represent the position of the City or their Legislative Body as a whole.

City Officials are prohibited from using the City logo or seal or any variation of the City logo or seal, representing the City, or representing that they speak on behalf of the City within their official or personal social media account(s) or site(s).

To avoid ambiguity, all statements, headings, profile pictures, or biographies on personal or campaign accounts shall:

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13 • Not be made in the name of the position to which the City Official was elected or appointed;
• Clearly reflect that content on such accounts does not represent the official positions of the City or the governing body;
• Not display the City logo or any other official City mark or title.

Digital records relating to public business are required to be handled in a manner capable of maintaining the record for the applicable retention period, including through the use of highlights, bins, or archives for temporary and disappearing stories, reels, posts, or otherwise. Likewise, City Officials should avoid deleting Comments or blocking individuals on official pages or sites they maintain. Social media content should be treated the same as any written document and retained in accordance with the City retention schedules.

To avoid any violations of the Brown Act, consistent with the update provided by AB 992, City Officials are permitted to use a social media site to engage in conversations or communications on matters within the subject matter jurisdiction of their governing body:
• To answer questions;
• To provide information to the public; and
• To solicit information from the public.

However, a majority of City Officials may not use social media to "discuss among themselves" official business. The Brown Act broadly defines the meaning of "discuss among themselves" to include any "communications made, posted, or shared on an internet-based social media network between members of a Legislative Body, including Comments or use of digital icons that express reactions to communications made by other members of the Legislative Body." The Brown Act prohibits a Board member from communicating directly with the social media of any other member on a subject within the jurisdiction of the board.

City Officials must refrain from using the City’s Official Social Media Sites or any form of electronic communication to respond to, blog or engage in serial meetings, or otherwise discuss, deliberate, or express opinions on any issue within the subject matter jurisdiction of the body without complying with the Brown Act.

City Officials should be honest and accurate when posting information or news, especially when communicating during a crisis or emergency. Any mistakes, misstatements and/or factual errors must be corrected quickly upon discovery. When possible, news of citywide importance should first be announced by the City's Official Social Media Sites including the

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14 City website. This information can then be shared by City Officials, linking back to the original Post or official City website, when possible. Unless the City Official has been designated to serve as a spokesperson, a City Official should never represent themselves as a spokesperson for the entire Legislative Body or the City. City Officials should be mindful of recognizing that accomplishments of the City or Legislative Body are achieved by collective action of the entire body or organization.

In summary,
City Officials may:
• Use social media in the Official’s capacity to communicate with constituents to “answer questions, provide information to the public, or solicit information from the public.”
City Officials may not:
• Discuss on social media with a majority of the legislative body business of a specific nature that is within the subject matter jurisdiction of the legislative body.
• Comment on a post of another member of the legislative body, including “liking,” sharing, reposting, or use of emojis.
• Block any member of the public from participating in your social media account.

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15 5 Personal Use of Social Media

While the City does not monitor employees’ personal social media accounts, this section sets forth suggested guidelines to follow when referring to the City. Following these principles helps ensure a distinction between sharing personal and agency views/information.

5.1 Rules and Guidelines
The following rules and guidelines apply to all employees acting in an official capacity of the City of Gilroy:
• While employees may voluntarily choose to engage with the City on its Official Social Media Sites, the City does not encourage or require any employee to follow or “like” Official Social Media Sites.
• The City does not condone the personal use by employees of social media during the working hours by any means, including by using City-owned equipment.

Employees have no right or expectation of privacy when using City-issued devices or systems. The City reserves the right to monitor, search, or disclose employee use of City resources.
• When an employee uses social media in a personal capacity, they are doing so for themselves and they are not speaking nor communicating on behalf of the City. Employees should make certain that it does not appear that they are speaking or posting for the City unless authorized to do so. • Employees are reminded and cautioned that nothing posted on the internet is private. Content can easily be shared, forwarded, and distributed to broader audiences without your knowledge or permission.
• Information posted on social media may be used as evidence in disciplinary, administrative, or legal proceedings. The City will not require you to provide a password or other security information for your personal sites that are password-protected or otherwise non-public.
• The personal use of social media by an employee in a manner that violates any City policy or procedure will not be tolerated, and may be grounds for disciplinary action, up to and including termination. Employees are expected to comply with the same ethical and performance standards on-line as in the

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16 workplace. Using social media in a way that adversely impacts a job, co-workers, the City, or the public is prohibited. Employees may not use their official City email addresses to create or maintain any personal social media account(s) or site(s).
• Employees may not post any content on the internet or social media that constitutes or contains City confidential, proprietary, privileged, private, personnel, or other non-public information.
• Employees are prohibited from using the City logo or seal or any variation of the City logo or seal, representing the City, or representing that they speak on behalf of the City within their personal social media account(s) or site(s). Employees must also make clear in any online activity that the views and opinions they express about work-related matters are their own, have not been reviewed by the City, and do not necessarily represent the views and opinions of the City.

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17 6 Failure to Adhere to Policy

An Authorized User’s failure to adhere to the provisions of this policy may result in disciplinary or adverse action being taken against the Authorized User up to and including termination.

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18 Appendix A
Disclaimer/Terms of Use
THIS SITE IS NOT MONITORED IN REAL TIME. IF YOU HAVE AN EMERGENCY OR KNOW OF A CRIME IN PROGRESS, PLEASE CALL 911 IMMEDIATELY. THIS SOCIAL MEDIA SITE IS NOT A PUBLIC FORUM. BY ENGAGING WITH THIS SOCIAL MEDIA SITE, YOU AGREE TO ADHERE TO THE TERMS OF USE OUTLINED AT https://www.cityofgilroy.org/socialmediapolicy .

The City will publish the following information on its website at https://www.cityofgilroy.org/socialmediapolicy:

These Terms of Use apply to all Official Social Media Sites ("sites") of the City of Gilroy. This site is not a public forum and all Comments and Posts must comply with these Terms of Use. Official Social Media Sites are intended to serve as a mechanism for communication between the City and the public to help further our mission. Any Comment submitted to sites and their fans, followers, or subscribers may be considered a public record, which is subject to disclosure pursuant to the California Public Records Act. Public information requests must be directed to the City Clerk’s office.

If any public Comments are allowed on these sites, we reserve the right to remove posts or comments at the City’s sole discretion. The City reserves the right to report a user directly to the host social media network if a Post, Comment or other content by the user violates the network's own Terms of Use. Under the City of Gilroy Social Media Use Policy, the City reserves the right to remove inappropriate content on its sites, including, but not limited to, the following:
a. Profane, obscene, violent, or pornographic content and/or language; b. Content that promotes, fosters, or perpetuates discrimination or harassment on the basis of race, color, national origin, religious creed, ancestry, physical or mental disability, medical condition, pregnancy, childbirth or related medical condition, age, sexual orientation, sex, gender identity, gender expression, genetic information, military or veteran status, marital status, or any other basis protected by applicable state or federal law;
c. Threats to any person or organization or encouragement of illegal activity; d. Information that tends to compromise the safety or security of City employees, the public, public systems, or the City’s technology resources; e. Content that violates any legal ownership interest, such as a copyright or trademark;

10.2.a
Packet Pg. 236 Attachment: [DRAFT] 2022 Gilroy Social Media Use Policy (3575 : Social Media Policy)

19 f. Content containing personal information, such as home addresses, phone numbers, social security numbers, dates of birth or driver’s license numbers; g. Solicitation of commerce, including any advertising or business services or products for sale;
h. Content that violates any federal, state or local laws;

The City disclaims any and all responsibility and liability for any materials that the City deems inappropriate for posting, which cannot be removed in an expeditious and otherwise timely manner. The City reserves the right to remove any fans, followers, or subscribers for violation of this policy.

A Comment posted by a member of the public on any City of Gilroy Social Media Site is the opinion of the commentator or poster only, and the publication of a Comment does not imply endorsement of, or agreement by, the City of Gilroy, nor do such Comments necessarily reflect the opinions or policies of the City of Gilroy.

The City reserves the right to restrict or remove any content that is deemed in violation of this policy or any applicable law. Notwithstanding the foregoing, the City of Gilroy is not obligated to take such actions, and disclaims any and all responsibility and liability for any materials posted by a member of the public.

By posting a Comment, users agree to indemnify the City of Gilroy, its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney’s fees) incurred by any of them which arise out of or are related to content posted by users. If a user does not agree to these terms, the individual should not use the City of Gilroy’s Social Media Sites as a violation of these terms may lead to legal liability.

If you have any questions regarding these Terms of Use, please email us at [email protected].

The above disclaimer may not be altered without the prior approval of the City Administrator or City Attorney (or their respective designees). The Administrator will work with authorized staff to set up the site and disclaimers correctly.

10.2.a
Packet Pg. 237 Attachment: [DRAFT] 2022 Gilroy Social Media Use Policy (3575 : Social Media Policy)

City of Gilroy

STAFF REPORT

Agenda Item Title: Council Discussion of Housing Trust Fund Fiscal Recommendations and Adopt a Resolution Amending the
Operating Budget for Fiscal Years 2021-22 and 2022-23 in the Los Arroyos Fund in the Amount of $100,800 in Each Fiscal Year.

Meeting Date: February 28, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Bryce Atkins

Strategic Plan Goals
 Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities

 Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION
Council:
a) Receive the report and provide direction, and

b) Adopt a resolution amending the operating budget for Fiscal Years 2021 -22 and 2022-23 in the Los Arroyos Fund in the amount of $100,800 in each fiscal year.

BACKGROUND
The City’s Housing Trust Fund (HTF) fund balance is slowly being depleted over tim e.

An initial presentation on this subject matter had been provided to the City Council on October 18, 2021 (attached). The fund depletion was based on the trends in revenue and expenditures and the change in fund balance over the past 10 years. As part of the recommendation and next steps, a further analysis of options was to be brought before the Council in the first quarter of 2022. Additional research has revealed more complicated and volatile revenues that are not contained in the audited financial

10.3 Packet Pg. 238

statements, as well as more information regarding the structure of the loan assets in the fund, as will be discussed later in this report.

This fund originally was created to assist in funding development of affordable housing.

The City has used the HTF over the years to fund service providers to help address housing and homelessness issues in the community , as well managing Below Market Rate (BMR) housing programs.

The options presented below are intended to pursue and attain a higher level of sustainability for HTF.

ANALYSIS
Comments on Previous Projection
In the October 18, 2021 projection, staff used the audited financial statements and the 10-year history of revenues and expenditures to determine average surplus or deficit and apply that net result to the fund balance total going forward in the HTF. This was determined at the time to provide the most reliable analysis with available information.

The awareness of the financial issue was relatively new, and staff wished to make Council aware as soon as possible of a potential issue. This was the reason for the introductory item, and the recommendation that staff present options.

As staff conducted the research, obtained the base data available for the HTF, and reviewed the detail of recorded documents, it has been identified that the financial situation for the HTF is more complex than originally thought. There have been numerous iterations in the way HTF was used in the past, the structure of the loans and funding arrangements, and future repayment terms.

The original projection (presented in October 2021) used fund balance, which includes all assets reduced by liabilities. This included cash, investments, loans that were payable to the City, and property held for resale. The challenge that has been realized is that the equity share payments are not included in the assets. The equity share payments are created by a recorded agreement on the title of the property, called a Resale Restriction Agreement (RRA). Upon further review, the RRAs which generate the equity share payments are forgivable. For most RRAs, If the property is held beyond the RRA term ends there is no payment coming to the City from that agreement. The outstanding RRAs are not booked into the General Ledger, and therefore staff in the initial projection was not aware of this possible-but-not-guaranteed revenue.

Additionally, the structure of some of the loans, as discussed later have long periods where payments may not be made. This means that although the fund balance will remain present, this does not mean that it can be liquidated to make payments if cash on hand is depleted. If the equity share payments do not keep to historic trends there is a possibility - earlier or later than initially projected – that the fund’s available cash may deplete, and the General Fund covers the payments of the HTF until the long -term loans repayable are collected.

10.3 Packet Pg. 239

Additionally, because of the long timing of future revenues for equity payments or loans, it is possible for the fund to consume its available cash, b ut then in one to five decades later, equity payments or loans may be paid, and the fund has cash again.

Due to the volatility based on the research conducted, the original projections are no longer reliable, and staff is not making any projections now based on the extreme variability in future revenues revealed in this further analysis.

Future Loan Repayments
Currently in the Housing Trust Fund, there are the following loans that are currently receivable by the City, including both principal and interest. However, as can be seen on the table, the timeframe for repayment is in the long -term future. $1.2 million, or approximately 70% of the total receivable amount of $1.7 million won’t be due for an additional 40-50 years. The remainder are the smaller loans which are making payments each year. Although the larger loans have their payments deferred, this does not prevent early payment. However, there is no expectation of any early payments for any given year
Asset
Record
Loan
Principal
Amount
Remaining
Interest
Accrued
Fund
Associated Type Housing
Units Repayment Term
1 $80,000 $0 259 - HTF Ownership 1
Due on Sale, Transfer or
Death
2 $164,000 $70,403 259 - HTF Ownership 0
3/14/2037 - Will be
forgiven, not due
3 $150,000 $46,216 259 - HTF Rental 60 2/6/2061
4 $181,267 $54,708 259 - HTF Rental 0 6/1/2061
5 $58,773 $11,373 259 - HTF Rental 0 6/1/2061
6 $400,000 $94,169 259 - HTF Rental 0 1/12/2068
7 $206,316 $20,752 259 - HTF Rental 28 8/1/2074
8 $50,000 $23,138 259 - HTF Ownership 1 4/1/2027
9 $24,207 $0 259 - HTF Ownership 1 10/31/2033
10 $25,516 $0 259 - HTF Ownership 1 3/30/2029
11 $26,176 $0 259 - HTF Ownership 1 1/31/2030
12 $24,188 $0 259 - HTF Ownership 1 11/30/2032
13 $25,381 $0 259 - HTF Ownership 1 12/31/2033
Totals $1,415,824 $320,760 95

Due to the long timeframe for the receipt of loan principal and interest payments, and the small amount of the annual average, the primary revenue source in the near -to-mid future will be equity share payments from ownership unit home sales.

Future Equity Share Payments

10.3 Packet Pg. 240

The City is the beneficiary of the development of housing built and sold by South County Housing, sold as affordable ownership housing in multiple neighborhoods.

These properties, when sold, included RRAs. The RRAs placed restrictions and conditions on the sale of the properties, including options for the City to repurchase, to keep properties within the program and require the resale to those who would qualify to purchase within the affordable program, or for the City to receive equity share payments when the homes are authorized for resale out of the program.

The revenue from the resale of these ownership homes represents a large source of revenue for the HTF. However, this revenue is not predictable, nor guaranteed. The RRAs that were recorded against the properties typically only have a term of 30 years. If a home is resold before the term is reached, then the City can either have the property resold within the program or receive an equity share payment. However, if the property remains in the owner’s possession beyond the expiration of the RRA, the owner is released from the agreement requirements. This means that there would be no equity share payments required if the home is sold after the RRA is expired.

Below is the current listing of RRAs that are contained in the database managed by HouseKeys, and the years in which the RRAs are set to expire.

Number of Ownership Units with Future Expiring RRAs
Year
Total Units
with RRAs
Expiring (HTF
and Los
Arroyos)
% of
total
RRAs
Total
HTF
Total Los
Arroyos
Fund
2026 5 2% 5 0
2027 23 10% 23 0
2028 28 13% 28 0
2029 11 5% 11 0
2030 7 3% 0 7
2031 8 4% 0 8
2032 59 27% 0 59
2033 3 1% 0 3
2036 1 0% 0 1
2040 5 2% 5 0
2043 20 9% 20 0
2044 1 0% 1 0
2045 4 2% 4 0
2046 17 8% 17 0
2048 1 0% 1 0
TBD 29 13% 1 28
Total 222 100% 116 106
Proportion of Total 52% 48%

10.3 Packet Pg. 241

As can be seen in the table, approximately a third of all RRAs on homeownership units if not sold or transferred, including both HTF and the Los Arroyos Fund, will expire by the end of calendar year 2030. Another third will expire by 2040, with the final third expiring by 2048. This final number includes those listed in the row of the year to be determined. There are 29 units that are recognized to be in the program, but the RRAs have not been located. Housekeys and the City continue to search for the historical records to find these documents.

These equity payments, in addition to not being guaranteed, are also unpredictable. The amount of revenue each individual property generates from equity share payments vary based on the fair market value of the properties, or growth of Consumer Price Index, depending upon the specifics of the RRA. This means that the state of the economy, the demand for housing, and the length of time the original property owner has owned the property all affect the price of the property and what the amount of the City’s share of the equity will be.

FUNDING OPTIONS
Current Recommended Options
Staff is recommending Council direction tonight to implement the first two options.

These do not require procedures to enact any new fees, have no impacts outside of the City’s operations or budget, nor do they affect current participants in the City’s housing programs.

1. Use Permanent Local Housing Allocation (PLHA) Funds to reimburse or pay for the Public Service Grants traditionally issued from the HTF Potential HTF Savings - $100,000-$170,000 annually
Council previously approved the City to enter into a consortium agreement with the County of Santa Clara to administer the PLHA program. As part of that consortium agreement, the City is able to fund public service grants for housing and homelessness services. The exact process, whether the City would cont ract with the grant awardees or if they would need to go through the County for the funding agreement, is still being determined by the County in consultation with the U.S. Department of Housing and Urban Development. Should Council determine so, the City could transition the public service grants to use PLHA funds instead of HTF funding. The budget for FY22 is $100,000, however the ongoing funding in prior years has been approximately $168,000, and this amount was included in the advertisement for the public service grants for the next two year cycle. The higher amount is possible with the use of PLHA funding.

If the public service grants will still contract through the City directly, then the charges would still be applied to the HTF, but there would be of fsetting revenue.

10.3 Packet Pg. 242

If the funding agreement would be through the County, then the County would administer the funds on the City’s behalf.

Additionally, staff is recommending proceeding with the next two year funding cycle for use of HTF for public service grants, as budgeted, since the expenditures may be covered by the PLHA Funds.

2. Shift the HouseKeys contract funding sources to be paid proportionately from the HTF and the Los Arroyos Fund
Potential HTF savings – approximately $101,000 in FY22, 48% of contract amount in future years.

As demonstrated when looking at the distribution of the Equity Share Payments breakdown, the major component of the HouseKeys contract, only 52% of the remaining managed RRAs are to the benefit of the HTF. If Council approves this recommendation by adopting a budget amendment, staff will proceed to apply 48% of the HouseKey’s contract payments for FY22 and FY23 in the Los Arroyos Fund. The Los Arroyos Fund does not have any ongoing expenditures in that fund – this would be the only recurring and budgeted expenditure in that fund.

The Los Arroyos Fund also does not have any recurring revenues, save for the future equity payments that may materialize. The Los Arroyos Fund has the same challenges with ongoing revenue as the HTF but d oes not carry ongoing financial burdens of staffing or operational charges.

With recommendations #1 and #2, the ongoing expenditures in the HTF will be reduced by approximately $201,000.

Additional HTF Revenue Options
Housing and Community Development staff will monitor the funds with the implementation of these two recommendations to determine how the fund behaves with these changes. Depending upon its level of success, it may be needed to pursue additional measures to generate more savings or revenue in the HTF. These may include one or more of the below.

3. Engage the City’s Grant Writing Firm to Search for Affordable Housing Development Grants and Funding Partnership Opportunities Staff would work with the grant writing firm to move up in priority grant funding and non-profit partnership opportunities for new housing funding.

4. Revisit the Nature of the Homebuyer Assistance Program Relating to Use of Revolving Funds and Lending Forgiveness
This option would involve reinvesting a portion of the current cash in the HTF, as well as the Los Arroyos Fund, into the homebuyer assistance program, issuing new RRAs and loans. A restructuring of the program would be considered to make the programs more sustainable.

10.3 Packet Pg. 243

5. Revisit the Structure of Loans for Homebuyer Assistance and BMR Rental Property Development Financing
This option entails a review and restructure of any new loans issued to have part of the principal and interest paid annually, with a majority of the payment amount deferred, instead of all the principal and interested deferred.

6. Adopt an Inclusionary Housing Ordinance
On October 25, 2021, the City Council received a presentation regarding the development of an affordable housing policy. This process is essentially underway already, with a consultant that is undertaking the comments received from that study session with Council to prepare a draft approach. Part of that ordinance may allow for developers to contribute in -lieu fees that allows for developers to build the housing units or allow payments to be used for housing development programs.

7. Creation of a Linkage Fee
Linkage fees are essentially development impact fees. There are generally two types of linkage fees related to housing:
o Commercial Linkage Fee – fees are charged to developers of new office or retail properties and used to fund the development of affordable housing. These fees are typically assessed on a per square foot basis. o Residential Linkage Fee –is a development impact fee on market rate residential development. These programs are actually structured to require fees rather than units onsite.

This potential revenue source can fund housing projects to maintain or increase the quantity, quality, and variety of affordable housing units or assist other governmental entities, private organizations or individuals to do so.

A nexus study would be needed to justify and appropriately calculate the amount of fees that are needed. Currently, regional cities that are known to have this program include the cities of San Jose, Cupertino, Mountain View, Sunnyvale, East Palo Alto, Menlo Park, and other cities in the San Francisco Bay Area

8. Move Personnel and Operating Costs from the HTF to the General Fund This option would essentially have the General Fund pay for the personnel and operating costs to manage and serve the HTF, thereby preserving all HTF funds for the continuation of homebuyer assistance and affordable rental development projects. This would increase the General Fund expenditures by a matching amount of what is relocated. The FY22 operating budget (all costs not including public service grants) is $416,775, removing the Los Arroyos portion of the HousKeys’ contract. It would allow the HTF, Los Arroyos Fund, and other housing funds the City manages to have a better chance to be a more sustainable revolving fund.

10.3 Packet Pg. 244

9. Alternative to Revenue Stream Option #7 Above – Annual General Fund Transfer Allocation
This would entail Council determining each budget cycle an amount from the General Fund to contribute to the HTF to offset some of the ongoing costs o f the HTF, to help attain sustainability of the fund and programming. The amount may vary at the discretion of Council. Some of this funding may be able to be drawn from the American Rescue Plan Act Funds, though more specifics would need to be determined for eligibility purposes.

10. Establish a Multi-Family Affordability Restriction Monitoring Fee This would be a per unit fee to recover the costs associated with the monitoring of compliance with the City’s affordability restrictions on multi -family, affordability restricted properties, including the annual review of the developer’s tenant’s income and rents.

11. Establish a Tax Increment Financing District Focused on Affordable Housing
There are several tax increment financing (TIF) district options available to communities. Some of these may provide funding for primarily development of affordable housing, and potentially some operating costs, though far more research would be needed if this option is of interest to Council to ensure the right TIF option is selected to provide the maximum benefit level.

The use of TIF has both benefits and drawbacks. The TIF funding can provide a mechanism that provides funding for affordable housing projects , though at the expense of reducing the future growth potential of propert y tax, a major General Fund revenue source. An additional drawback is that the process for establishing a TIF District is complex, can be costly, and also could be controversial.

FISCAL IMPACT/FUNDING SOURCE
Initial savings in the HTF fund for Options #1 and #2 total $201,000 in annual savings to the HTF Fund. Approximately $100,000 budgeted for the public service grants would shift to the PLHA funds, a new revenue source, and the remaining $101,000 would be transferred to the Los Arroyos Fund for the next two years, until the next budget cycle is determined.

A budget amendment resolution is attached to this staff report that, if approved, would allow the split of the HouseKeys contract to the Los Arroyos Fund proportionate to the number of RRAs that are associated to each of those funds.

CONCLUSION
Staff is recommending Council approval to proceed with options #1-2, saving approximately $201,000 for the next two fiscal years, though more when compared to prior year public service grant awards. Staff will then monitor the progress of the

10.3 Packet Pg. 245

recommendations and the fiscal position of the funds in the near -term. If additional measures are needed, staff will return to Council to consider the other options provided in this report. This will be an ongoing process to address this fund.

NEXT STEPS
Based on direction from Council, staff will implement the direction to proceed with any options that Council identifies to begin immediately.

PUBLIC OUTREACH
This item has been included in the posted agenda for this meetin g, and the date and timing of this item has been discussed briefly in the Housing and Neighborhood Revitalization Committee meeting on February 16, 2022. Depending upon actions of the City Council, staff will commence outreach of any direction from this me eting, and further agenda items and work will be communicated to the public through our community engagement strategies.

Attachments:

1. Budget Amendment Resolution

2. October 18, 2021 Housing Trust Fund Fiscal Health Staff Report

10.3 Packet Pg. 246

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF GILROY AMENDING THE BUDGET FOR THE CITY
OF GILROY FOR FISCAL YEARS 2021-2022 AND 2022-
2023 IN THE LOS ARROYOS FUND AND

APROPRIATING PROPOSED EXPENDITURE

AMENDMENTS

WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2021-2022 and 2022-2023, and the City Council carefully examined, considered and adopted the same on June 7, 2021; and

WHEREAS, City Staff has prepared and submitted to the City Council a proposed amendment to said budget for Fiscal Years 2021-2022 and 2022-2023 for the City of Gilroy in the staff report dated February 28, 2022 for the Housing Trust Fund fiscal health recommendations, appropriating funding for the Los Arroyos Fund’s share of the HouseKeys contract; and

WHEREAS, the City Council has carefully examined and considered the same and is satisfied with said budget amendments.

NOW, THEREFORE, BE IT RESOLVED THAT appropriations for each of Fiscal Years 2021-2022 and 2022-2023 are hereby increased in the Los Arroyos Fund, Fund 255, by $101,000.

PASSED AND ADOPTED this 28th day of February, 2022 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Marie Blankley, Mayor

ATTEST:

___________________________________
Thai Nam Pham, City Clerk

10.3.a
Packet Pg. 247 Attachment: Budget Amendment Resolution (3620 : HTF Fiscal Health and Recommendations)

City of Gilroy

STAFF REPORT

Agenda Item Title: Report on the Housing Trust Fund's Fiscal Health Meeting Date: October 18, 2021
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Bryce Atkins

Strategic Plan Goals
 Develop a Financially
Resilient Organization

 Ensure Neighborhood
Equity from City
Services
 Promote Economic
Development
Activities

 Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION
Council receive report and provide any direction.

EXECUTIVE SUMMARY
The City’s Housing Trust Fund (HTF) is slowly being depleted and based on the current expenditure and revenue trends is projected to be exhausted during the 20 29 fiscal year. This fund originally was created to assist in funding development of affordable housing. The City has used the HTF over the years to administer the Below Market Rate (BMR) program, and to fund service providers to help address housing and homelessness issues in the community.

The City may choose to allow the funds to be depleted in its discretion, attempt to restore the fund to a revolving fund for homebuying assistance, or provide funding mechanisms to allow the full range of programs curre ntly funded by the HTF.

10.3.b
Packet Pg. 248 Attachment: October 18, 2021 Housing Trust Fund Fiscal Health Staff Report (3620 : HTF Fiscal Health and Recommendations)

This is an introductory presentation regarding the current status of the HTF and will lead into a policy discussion in the first quarter of 2022 to determine the future uses and sources of funding passing through the HTF.

BACKGROUND
The HTF is a special revenue fund of the City. Below are the key details from a report provided to Council in 2019 from Community Development, as well as older reports to Council and internal memos, regarding the history of the HTF:
• Created in 1997. Concept developed by the Housing Element Task Force Committee in 1996.
• Purpose: funding source to assist in development of affordable housing. • Funding source: repayment of promissory notes secured by trust deeds on property titles and equity share payments from sale or resale of BMR properties. • Initial BMR homes constructed and sold by South County Housing. • Funds are received into the HTF when BMR units are sold, and the equity share payments were split between the homeowner, South County Housing, and the City.
• Funds built up from rapidly increasing housing values at the time of sale, facilitating equity payments to the City as its share at time of sale, or for some when refinancing their first mortgages.
• Intended use was to provide funding to help potential homeowners that could afford near or somewhat below market rate home prices.
• City was originally included as a partner as there were concerns of private lenders due to South County Housing being a new non-profit, to help assure longevity and management of the deed restrictions.
• By 2001, HTF began providing yearly housing related grants for various public services.
• Funding amounts for public services has increased since 2001 These public services grants have been used to aid in homelessness prevention through assistance programs to help residents remain in their homes, and assistance funds to those experiencing homelessness through non -profits that connect those experiencing homelessness to resources and programs that may assist them. These uses of funds are consistent with guidelines on the use of funds identified in 2001.

The BMR program’s housing portfolio transferred to the City of Gilroy in 2016, after the closure of South County Housing, and the closure of their successor to the housing portfolio Neighborhood Housing Services Silicon Valley. In 2017, the City engaged the

10.3.b
Packet Pg. 249 Attachment: October 18, 2021 Housing Trust Fund Fiscal Health Staff Report (3620 : HTF Fiscal Health and Recommendations)

services of Housekeys to manage the BMR program. As of the April 2021 staff report approving a new contract with Housekeys, the City’s BMR portfolio included 1,062 BMR rental units and 290 BMR Homeownership Units, many of which include various deferred loans applied on the property for programs such as down-payment assistance.

ANALYSIS
With the addition of Housekeys’ contract for managing the BMR program and the use of funds for public service grants not replenishing the funds used, and little to no inventory of newly deed restricted homes being built, the fund will eventually become depleted.

Staff is advising Council of this current trend, and to start a discussion regarding:

1. Does the City wish to allow the fund to deplete?

2. If not, is there a way to structure the fund and the revenues and expenditures in a way to create a revolving fund as originally designed?

3. If there isn’t a way to create a revolving fund, is there a desire of Council to replenish the fund intermittently from other sources?
Fund Balances Decreasing
In presenting the HTF’s financial picture, staff is using the Fund Balance as an indicator of financial health for the fund. Since FY13, the fund balance in the HTF has been decreasing. Below is a chart demonstrating the change in fund balance year-over-year for the past ten years.

On average, the annual net reduction in ending fund balance year -over-year is $166,425. The amount of reduction is not even, with one year showing growth (FY2020 +$133,877) and a few years of larger declines (FY13 -$414,501; FY14 -$373,625; and FY21 projected -$227,561).

10.3.b
Packet Pg. 250 Attachment: October 18, 2021 Housing Trust Fund Fiscal Health Staff Report (3620 : HTF Fiscal Health and Recommendations)

Expenditures in the HTF have historically included both staff salaries for a portion of staff time associated with managing the public services grants and some logistical support required for the City’s share in processing BMR program components, the contract with Housekeys since 2017, and the public service grants. Below is a table showing the historical spend in the HTF.

HTF Expenditures
Fiscal Year Personnel Grants/
Programs
Other
Operating
Costs
Total Expense
2012 $ 168,226.69 $ 150,735.50 $ 42,781.92 $ 361,744.11 2013 $ 189,485.99 $ 581,762.12 $(254,836.55) $ 516,411.56 2014 $ 181,232.50 $ 179,913.05 $ 128,009.03 $ 489,154.58 2015 $ 188,338.19 $ 154,949.00 $ (52,275.17) $ 291,012.02 2016 $ 173,002.75 $ 161,200.45 $ 71,097.70 $ 405,300.90 2017 $ 130,352.72 $ 127,135.06 $ 94,103.83 $ 351,591.61 2018 $ 70,760.06 $ 134,397.27 $ 51,334.32 $ 256,491.65 2019 $ 64,705.79 $ 145,214.84 $ 399,083.55 $ 609,004.18 2020 $ 81,637.60 $ 193,809.00 $(162,339.47) $ 113,107.13 2021 $ 174,167.83 $ 184,968.27 $ 165,781.53 $ 524,917.63 Totals $ 1,421,910.12 $ 2,014,084.56 $ 482,740.69 $ 3,918,735.37 Relative
Percentage 36% 51% 12% 100%

Revenues to the HTF come in from a variety of sources, with the largest being equity payments from when homes in the portfolio are sold, rental income from rental units in the portfolio, interest from the assets in the HTF, and miscellaneous revenues. The largest of the revenue, representing approximately 62% of revenue over the past ten years, is from equity payments, and do not come to the City in a predictable manner.

The amounts and timing of this revenue stream vary. Rents come from some of the apartment units that are in the portfolio, but the amounts can still vary from year-to-year.

Interest also varies with the amount of funds held in the HTF, as well as the interest rates and economic conditions that fluctuate.

HTF Revenues
Fiscal Year Equity
Payments Rents Interest Miscellaneous
Revenue Total Revenue
2012 $ 1,883.00 $ 20,352.27 $ 31,101.59 $ 756.82 $ 54,093.68 2013 $ - $ 27,611.41 $ 42,685.76 $ 31,613.51 $ 101,910.68 2014 $ 1,403.00 $ 20,611.04 $ 43,887.81 $ 49,627.62 $ 115,529.47 2015 $ 1,759.00 $ 23,048.02 $ 41,506.75 $ 15,897.52 $ 82,211.29 2016 $ 213,817.44 $ 25,664.53 $ 31,238.63 $ 4,835.42 $ 275,556.02

10.3.b
Packet Pg. 251 Attachment: October 18, 2021 Housing Trust Fund Fiscal Health Staff Report (3620 : HTF Fiscal Health and Recommendations)

Fiscal Year Equity
Payments Rents Interest Miscellaneous
Revenue Total Revenue
2017 $ 161,491.41 $ 25,552.38 $ 92,498.86 $ 17,559.01 $ 297,101.66 2018 $ 79,426.88 $ 12,754.01 $ 24,453.29 $ 51,875.61 $ 168,509.79 2019 $ 406,200.07 $ 27,545.34 $ 28,513.05 $ 11,747.24 $ 474,005.70 2020 $ 171,367.81 $ 16,328.09 $ 46,405.20 $ 12,885.77 $ 246,986.87 2021 $ 264,910.77 $ 4,780.28 $ 8,571.53 $ 19,094.67 $ 297,357.25 Total $ 1,302,259.38 $ 204,247.37 $ 390,862.47 $ 215,893.19 $ 2,113,262.41 Relative
Percentage 62% 10% 18% 10% 100%

Based on the net average reduction in fund balance and adding to it the new contract with Housekeys to fully manage the BMR program, the HTF is continuing its decrease.

Below is a chart that identifies the continuing decline of the HTF fund balance. The amounts are based on the average net reduction amount and the contract, offset by the BEGIN and CALHOME subsidies based on averages since program inception. The use of the averages is the reason for the relative straight line in decline. It is likely that there will be variability each year, though impossible to know how much. Overall, the HTF is anticipated to be fully expended in Fiscal Year 2029.

The projected decline is slightly steeper than the previous ten years’ history, the annual expenditure increased by approximately $180,000 per year from the Housekeys

10.3.b
Packet Pg. 252 Attachment: October 18, 2021 Housing Trust Fund Fiscal Health Staff Report (3620 : HTF Fiscal Health and Recommendations)

contract, with the first two years higher ($270,000 and $210,000, respectively) per the adopted contract.

This decrease was already being experienced before the City engaged any contractual services from Housekeys, as they entered the service of the City in 2017. The program by its nature has been seeing a steady decrease. As can be seen by the expenditures, the HTF funds are not being reinvested into new BMR units. This is likely because the original structure of the program did not require the City to reinvest the funds, as South County Housing was the investment mechanism.

Exploration of Options
The slow depletion of the HTF identifies that this fund is in need of a strategically planned approach to its operations for the long term. While the funding was being received from BMR houses that were being constructed and sold from outside partners, the City has not yet developed a business plan for this fund and its purposes to become sustainable, or even if it is to be drawn completely down. This is likely due to the relatively recent closure of the two non-profit organizations that oversaw development of the assets. Staff is currently working to develop options for Council to consider. Some of these options include:
• Maintaining the status quo and allowing the funds to be depleted in support of housing public service grants. Under this approach, the funding for the p ublic service agencies would become diminished in Fiscal Year 2028 and 2029 when the funding is exhausted. These public service agencies would need to identify their own replacement funding over the next seven to eight years. • Identify and structure a replenishment program. This may come in the form of decisions at the end of each fiscal year to identify a portion of any savings from the General Fund. Council would then determine an amount that may be allocated to the HTF to sustain the fund for public service grants to continue further into the future.
• Revise the uses of the funds to only be used to reinvest program income from HTF equity share payments into homebuying assistance with deed restrictions on new loans, with the same equity share structure. This would have the fund return to a revolving fund, investing and reinvesting in cycles as houses sell.

Staff is also working with Housekeys to determine how the other agencies they work for structure their programs, and any recommendations that they may have. As staff compiles options, the next cycle of CDBG/HTF public service grants will be advertised.

Should Council determine that the public service grants should end, having one more cycle would give these agencies a year to find alternative funding source s. If Council determines to continue the public service grants, then the program would be able to continue uninterrupted. Ultimately, Council determines which, if any, public service

10.3.b
Packet Pg. 253 Attachment: October 18, 2021 Housing Trust Fund Fiscal Health Staff Report (3620 : HTF Fiscal Health and Recommendations)

grants from the HTF are granted in any given year through the annual process. Staff will continue to compile options for a presentation in the first quarter of calendar year 2022.

ALTERNATIVES
None – this is an informational item.

FISCAL IMPACT/FUNDING SOURCE
None – this is an informational item.

CONCLUSION
Over the past ten years, the HTF has seen declining fund balances year-over-year except for 2020. Staff is gathering information and options for Council to consider regarding the future of this funding, and the impacts on the various programs. Staff will be returning to Council in the first quarter of 2022 with options and impact analysis. Until then, staff is planning to proceed with the CDBG/HTF public services grant program applications as has been normally conducted, and bring them to Council for consideration.

NEXT STEPS
Staff will be continuing to refine analysis on this issue and return to Council with policy recommendations to consider in the first quarter of 2022. Administration and the Community Development Departments will commence the planning and advertisement process for the next public service grant application cycle for Council consideration in the next calendar year.

10.3.b
Packet Pg. 254 Attachment: October 18, 2021 Housing Trust Fund Fiscal Health Staff Report (3620 : HTF Fiscal Health and Recommendations)

City of Gilroy

STAFF REPORT

Agenda Item Title: Council Discussion Regarding a Potential Policy for Receiving Donations for Display at City Facilities
Meeting Date: February 28, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Bryce Atkins

Strategic Plan Goals
☐ Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION
Council discussion and provide direction.

POLICY DISCUSSION
Does the City Council wish to create and enact a policy for accepting gifts and donations that are intended to be displayed publicly at City facilities, and if so what elements or conditions does Council wish to include within such a policy?

BACKGROUND
At the September 13, 2021 regular City Council meeting, the Gilroy 150th Celebration Committee (“Committee”) unveiled their time capsule, offering the donation of the time capsule to the City. The time capsule was displayed in the City Council Chambers after it was presented; however, ultimately the gift rescinded by the Committee. At its September 20, 2021 regular meeting, there was a Council-initiated future agenda

10.4 Packet Pg. 255

request to discuss the possibility of a policy for accepting gifts and donations that are intended to be displayed publicly at City facilities.

ANALYSIS
This agenda item is the return to Council for the dis cussion of Council’s interest in having a gift receiving policy for items to be displayed at City Hall and other City facilities. In staff’s research, there are many cities in California that have policies regarding donations in general, with some including more specific inclusions such as capital items. Most of them are not specific about the nature of an item to be displayed publicly. They typically have public art policies for items that are being solicited by the City, but the solicitation would determine the nature of the display. Policies were discovered that are available for donations that are to specific item requests. Many of those policies found were for city libraries, park benches, trees, memorial plaques, and other specific donations.

There are some cities that do include unsolicited donations in their donation policies, but they typically do not reach the level of specifics regarding a list of the items, or of the nature of the items, that are to be accepted or rejected. They usually identify the specific internal processes for how to process a donation or gift, who accepts it, how recognition for the donation is being administered, ethics protections, and other administrative processes. Several of these are attached to this staff report.

However, there are a few (also attached to this staff report) that do discuss the acceptability of a donation or gift, though not specific to items for public display. These usually state that the items are to meet, and not violate, the city’s vision, mission, values, and strategic purposes. A few have requirements that the donation shall not be an item of an illegal, discriminatory, religious, political, or other controversial nature, similar to language included in other City of Gilroy policies, such as the flag flying policy.

Other conditions include having limits on the cost of maintaining the donations if not monetary, or the outright prohibition of items that would incur cost for the City to maintain.

Ultimately, it is up to the Council regarding its interest to set a specific criterion for the acceptance or rejection of donations intended for public display.

Also attached is the City’s Public Art Policy, however there is not much included in determining the acceptability of an unsolicited art donation for display.

ALTERNATIVES
None – this is a Council-initiated agenda item to discuss the potential of developing a gift receiving policy for items intended to be displayed at City facilities.

FISCAL IMPACT/FUNDING SOURCE
None – this is a discussion item. There is no anticipated fiscal impact for the adoption of such a policy.

10.4 Packet Pg. 256

CONCLUSION
Council may determine what conditions it wishes to implement related to the City receiving gifts and donations from residents and others intended to be displayed at City facilities. This agenda item is to provide an initial discussion regarding Council’s desire to adopt a policy, and if desired to provide direction to staff to craft a draft policy to bring back to Council for review and possible approval.

NEXT STEPS
Staff will take direction from Council and will return with a draft policy, incorporating any components Council directs to include.

Attachments:

1. Policy - City of Dublin, CA

2. Policy - City of Evanston, IL

3. Policy - City of Lynwood, CA

4. Policy - City of Mendota, CA

5. Policy - City of San Jose, CA

6. Policy - City of Oceanside, CA

7. PUBLIC ART POLICY (Revised 10-24-2018)

10.4 Packet Pg. 257

10.4.a
Packet Pg. 258 Attachment: Policy - City of Dublin, CA (3675 : City Hall Gift Receiving Policy)

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Packet Pg. 259 Attachment: Policy - City of Dublin, CA (3675 : City Hall Gift Receiving Policy)

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Packet Pg. 260 Attachment: Policy - City of Dublin, CA (3675 : City Hall Gift Receiving Policy)

Donation Policy for the City of Evanston

1. Objective and Purpose

1.1 Objective
Donations of every type are offered to the City of Evanston for general or specific purposes.

This policy will guide the review and acceptance of such donations, confirm that the City has relevant and adequate resources to manage such donations, and ensure that the City appropriately acknowledges the generosity of the donor. Partnership opportunities for donations for community benefits should respect relevant legislative and policy provisions and occur within an ethical framework that preserves the integrity of municipal decision making processes.

2. The purpose of this policy is to:
 Establish guidelines that ensure donations occur at arm’s length from any City decision - making process;
 Provide criteria and process for the acceptance of donations; and  Confer upon Department Heads the delegated authority to accept and spend donations, within the parameters contained herein; and
 Give the City the ability to accept donations that meet its needs and capacity to maintain.

3. Scope
The policy on voluntary donations to the City for community benefit includes donations made to the City, its agencies, boards and commissions, and donations requested or encouraged by staff directed to other organizations or community agencies. The City of Evanston desires to encourage donations, while at the same time considering fiscal impacts and on -going maintenance and operational costs. While this policy predominantly focuses on material donations, this policy should be considered to have broad applicability for unseen future donations.

10.4.b
Packet Pg. 261 Attachment: Policy - City of Evanston, IL (3675 : City Hall Gift Receiving Policy)

3.1 Definitions
“Donations” are cash, tangible property, or in-kind contributions which provide assistance to the City. Donations do not constitute a business relations hip since no reciprocal consideration is sought. Donations generally qualify for a tax receipt . “Gifts” are any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary vale including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an officer or employee.

3.2 Donations
Examples of Donations:
 Memorials: trees, park benches, plaques
 Monetary: anything towards foundations within the City, various departments, fundraisers, discount deals from local business and charities affiliated with the City.  Artwork: separate policy requirements added to this general policy under Artwork donations.

3.3 Donation Process
a. Complete Donation Form.
 Select type of donation.
 Enter amount of donation.
 Enter other relevant details
 Enter honoree or commemoration.
b. Submit Form to the Department relevant to the Donation type. c. Department Head will consider the donation and, if required, will forward the donation proposal to the City Council for consideration and approval. d. If the Department Head or City Council approves the donation, staff will contact donor to schedule donation installation and other details.
e. Donation installation occurs.

4. Accepting Donations

4.1 The City may elect to accept or decline any donation. If the gift i s not accepted, the donor will be advised of the reason.

4.2 Staff will prepare a quarterly report to the City Council regarding all City donations. Any donations exceeding $25,000 will require City Council action for acceptance.

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Packet Pg. 262 Attachment: Policy - City of Evanston, IL (3675 : City Hall Gift Receiving Policy)

5. General Conditions:

5.1 No advantage is to accrue to the donor or to any person not dealing at arm’s length to the donor as a result of the donation.

5.2 Donations cannot confer a personal benefit to any City employee or City Official.

5.3 Donations that violate City code or City policies, or the laws, state or federal laws, of the other orders of government will not be accepted by the City.

6. Eligible Uses

6.1 Eligible donations are those that support approved programs and services, durable assets; capital facilities or projects; asset improvement, restoration or capital maintenance; or cash for such purposes.

6.2 Donations must be for purposes consistent with the receiving Departments’ mandate, programs, services and activities and must be deemed to be in the public interest of the City.

6.3 Donations are only to be accepted if the receiving Department has the capacity to meet the initial and ongoing costs and obligations associated with the gift.

6.4 Donors who wish to make donations that support special purposes to be provided by an organization independent of the City should be directed, where po ssible, to the intended organization.

7. Ineligible Donors:

7.1 The City may decline donations from any donor who in the opinion of a Department Head under delegated authority, represents a reputational risk to the City through involvement in activities that are contrary to the values of the City or otherwise is in violation with City code as outlined in Section 5.3. Examples of ineligible donors include but are not limited to:
 Arms manufacturers;
 A party, committee, association, fund, or other organization (regardless of incorporation) that is required to file a statement of organization with the state board of elections or a county clerk under the Election Code;  Any person or organization currently seeking official action by any officer or employee of the City;
 Any person or organization whose activities are regulated by an officer or employee of the City;

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Packet Pg. 263 Attachment: Policy - City of Evanston, IL (3675 : City Hall Gift Receiving Policy)

 Any person or organization that has interests that may be substantially affected by the performance or nonperformance of the official duties of an officer or employee of the City;
 Any person or organization that is required to be registered with the secretary of state under the lobbyist registration act;
 Proven or suspected criminal organizations; and
 Organizations that promote hatred against individuals or groups.

The City may not accept donations from individuals or organizations involved in litigation with the City.

8. Authority to Accept and Spend Cash Donation

8.1 Donations of cash designated for a specific purpose will only be accepted by the City Manager or designee, and where any donations exceeding $25,000 will require City Council approval of acceptance or allowance to spend.

8.2 Where cash donations are being accumulated for a major project or fundraising campaign will require City Council action before an acceptance of the cash donation.

8.3 Unsolicited cash donations that remain unspent at the end of the year may be carried over to the following budget year only upon City Council approval.

9. Costs Associated with the Proposed Donation:

9.1 The City also has an interest in knowing in advance the full cost that may be associated with a donation, namely those which may relate to purchase, installation, maintenance and operation during the gift’s expected life cycle. In the ordinary course the amount of the donation should be sufficient to cover all such expenses. a. Neither purchase nor installation shall commence until the donor’s donation has been completed and funds have been received by the City for such purposes. b. As to donations requiring on-going operation and maintenance, amounts which are estimated to exceed $5,000 on an annual basis, the donation shall include an endowment sufficient to cover them, i.e. 20x the estimated amounts.

In rare and unusual circumstances where the City has determined that the value of the donation substantially exceeds the cost associated therewith, these requirements may be

10.4.b
Packet Pg. 264 Attachment: Policy - City of Evanston, IL (3675 : City Hall Gift Receiving Policy)

waived, but only after appropriate. If the donor elects to not provide sufficient funds for future maintenance and repair, the City may reject the donation.

10. Procedure Approvals
General:

10.1 Donations will not be accepted by any party, including a group, organization, company or person or any individual belonging to a group or organization or company with a pending application or matter before any City’s Boards or Commissions.

11. Procurement Decisions:

11.1 Voluntary donations for community benefits may not be solicited and offers may not be made by or accepted from a bidder, proponent or applicant to procurement, or their representative, concurrent to the procurement solicitation and award process.

11.2 The City shall not accept donations that are conditional upon the endorsement of any product, service or supplier. Current and prospective suppliers to the City that decline solicitations for donations shall not be penalized in procurement decisions of the City.

Artwork Donation

12. Conditions Governing the Donation of Artwork to the City of Evanston Potential donors of artwork must submit the following information to the Public Art Subcommittee for review. The Committee shall determine the feasibility of the proposed donation and shall forward a recommendation to the Evanston Arts Council for review. If the Evanston Arts Council recommends acceptance of the proposed artwork, it well then go to the Human Services Committee and the City Council for approval or denial. If the host site is the Evanston Public Library, the Library Collections Committee will manage the review process.1

12.1 Materials to be submitted by Donor:
a. photographs and/or slides of the work of art which depict it from all sides2 b. a written description of the artwork, including approximate dimensions (height, width, depth and weight), materials used, and any frames, backings, mounts or anchoring systems to be used in the installation of the artwork.

1 This is synthesized text between the City of Richmond, CA document and the third item under “Donation of Existing Works of Art” section of the “guidelines for public art projects or donations” document. 2 material in original policy

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Packet Pg. 265 Attachment: Policy - City of Evanston, IL (3675 : City Hall Gift Receiving Policy)

c. Verification of authenticity (if applicable). 3
d. A site plan which identifies and describes the proposed site for the artwork and which accurately depicts the artwork in relationship to the surrounding environment e. A written description and/or drawing of the proposed method of installation and a timeline for the transportation and installation of the artwork. f. An estimated cost for transporting and installing the artwork (to be done at donor’s expense, unless otherwise agreed to by the City).
g. Written authorization from the City department with jurisdiction over the site, approving the installation of the artwork.

12.2 Review and Acceptance Criteria; Proposed gifts of artwork shall be evaluated on the following criteria:
a. An analysis of the relationship of the proposed artwork to its proposed location, and its relevance to its primary audience.
b. An evaluation of the work’s aesthetic quality, relative to its fo rm, materials and craftsmanship;
c. The availability and appropriateness of an acceptable site for the artwork. d. An analysis of the financial impact of the proposed gift on the Public Art Program, including costs related to the insuring of the artwork and to any long -term maintenance or conservation costs.
e. An analysis of the impact of the proposed gift on other City dep artments, to include any routine operations or maintenance requirements.

12.3 Conditions of Acceptance
a. The Public Art Subcommittee and Evanston Arts Council encourage clear and unrestricted gifts to the City of Evanston. Any conditions or restrictions atta ched to a gift or loan must be represented to the Public Art Subcommittee for review and to the City Council for approval.4 No work of art will be accepted with conditions deemed unacceptable by the Public Art Subcommittee or the City Council, nor will any work of art be accepted with a condition guaranteed to be kept in perpetuity. b. A legal document of transmittal, transferring title or loan of the artwork, and defining the rights and responsibilities of all parties, must accompany all gifts of artwork.

3 material in original policy (other materials listed above added from City of Richmond Document) 4 Should this follow the same PAC, Arts Council, Human Services Committee, City Council path?

10.4.b
Packet Pg. 266 Attachment: Policy - City of Evanston, IL (3675 : City Hall Gift Receiving Policy)

c. The City of Evanston requires that the creator of the artwork (artist) waive any right to the preservation of the artwork under the conditions set forth in the 1990 Visual Artist’s Rights Act. The artist may, however, retain any right to disclaim authorship o f the artwork pursuant to and these Acts. Before any gift is accepted by the City, the artist must acknowledge in writing his/her approval that the City may remove and/or destroy the artwork at its discretion. Should the City decide to remove or destroy th e artwork, the City will provide the artist with 30 days’ notice of its intent to the last known address of the artist. The artist may, upon written approval by the City and at his/her own expense, remove and retain the artwork in lieu of its being destroy ed by the City. 13 Donations of Personal or Real Property

13.1 Donations of real property to the City or its agencies, boards and commissions may only be accepted with the prior approval of City Council, which is to include approval of the budget for any future or ongoing obligations arising from the donation.

13.2 Where appropriate, approval of a donation of real property is to include the use and disposition of the real property including the net proceeds arising from a property transaction.

13.3 Donations of real property to the City or its agencies, boards and commissions, whether designated for specific purposes or not, will be held in the name of the City.

13.4 Donations of personal property will also be reviewed and considered by t his policy and subject to approval by the appropriate department head.

14. Managing and Reporting Donations

14.1. Offers or proposals for donations are to be referred to the appropriate Division directly.

14.2. In an effort to cultivate an ongoing relationship with donors, the receiving Division is to:
a. Treat individual donors’ names and amounts given, and any other private or personal information, with respect and, except where the donor authorizes release of such information, with confidentiality to the extent provided by the law; b. Reasonably limit the frequency of solicitations; and c. Respond promptly to a donor’s question or complaint.

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Packet Pg. 267 Attachment: Policy - City of Evanston, IL (3675 : City Hall Gift Receiving Policy)

15. Acknowledgements, Forms and Receipts

15.1 The City is committed to the highest standards of donor stewardship and accountability. This includes appropriate acknowledgement and recognition for donations.

Accordingly, for donations valued at $100 or more, a formal letter of acknowledgement and gratitude will be sent to the donor by the Department.

16. Documentation and Communication with Donors

16.1 All donations must be documented by the recipient department using the City’s donation form(s).
a. The donation communication to donors should:
i. Convey the terms and requirements of the donation, including d onor contact information, the purpose of the donation, the value of the donation, information about the tax receipt, how unused funds will be dealt with and the responsibilities of the respective parties.
ii. A statement acknowledging that the donation may be subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act.

16.2 When a gift is received from a donor is over $250, the recipient Department must supply the donor with an income tax receipt.

17. Accounts

17.1 Donations designated for specific purposes or for the general purpose of a specific program, including donations of real property and the net proceeds of any property transaction, are to be used by the program for the purpose specified by the donor.

17.2 For purposes of financial control and accountability, donations are to be credited to appropriate accounts of the City.

17.3 Donations may not be managed informally or held in personal or external accounts or trust funds. This would not apply to independent community fundraising campaigns until such time that the campaign contributions are donated to the City.

17.3 Donations of cash or property to the City, where the purpose is not specified and which are not part of an approved fundraising initiative, are deemed to be undesignated and become contributions to general revenue of the City or assets of the Cit y, unless the recipient Department seeks council approval for the requested purpose.

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Packet Pg. 268 Attachment: Policy - City of Evanston, IL (3675 : City Hall Gift Receiving Policy)

***Applications for donations are below***

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Packet Pg. 269 Attachment: Policy - City of Evanston, IL (3675 : City Hall Gift Receiving Policy)

ART DONATION FORM

Donor Information

Name:

Address: City: ZIP:

Phone: Email:

Art Work

Artist:

Title of Artwork:

Dimension (H x W x D):

Size:

Media:

Price or Value/NFS:

Creation Date:

Current Condition of Artwork:

Written Description of Artwork:

Required Maintenance & Cost of Artwork:

Installation and Proposal of Artwork (Site/Location):

Estimated Cost of Transportation & Installation (If Any):

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Packet Pg. 270 Attachment: Policy - City of Evanston, IL (3675 : City Hall Gift Receiving Policy)

*Uploads Acceptable: pictures, valuation, and verification of authenticity

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Packet Pg. 271 Attachment: Policy - City of Evanston, IL (3675 : City Hall Gift Receiving Policy)

Miscellaneous Donation Form
Donor Information

Name:

Address: City: ZIP:

Phone: Email:

Date of Donation:

Donation Value:

Type of Donation:

If Monetary Donation, Amount:

Department for Donation:

Description of Donation:

Authorized Signature: Date:
(Department Signature)

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Packet Pg. 272 Attachment: Policy - City of Evanston, IL (3675 : City Hall Gift Receiving Policy)

APPLICATION FORM Dedication of a tree in the Memorial
Section of the Ladd Arboretum
Donations for existing memorial trees that have not been dedicated are based on the following scale:

SHADE & FLOWERING TREES EVERGREENS
6” trunk diameter ......................... 300.00 8-10 feet ........................... 300.00 7” trunk diameter ......................... 350.00 10 feet and up................... 400.00 8” trunk diameter ......................... 400.00
It is also possible to add tree varieties not currently available in the arboretum. Note that there is limited space available for new memorial trees. Donations for new memorial trees are based on the following scale:

SHADE & FLOWERING TREES*
2 – 2 1/2” trunk diameter................................ 500.00 Check one: Plant tree of your choice 
Please call to discuss type of tree to add 
Once you have made your selection, a name plate will be placed near the trunk of the tree you select. The name plate will be arranged as follows:

Please indicate the manner in which you want the name to appear on the plate. A maximum of twenty - one spaces are available. This includes periods and spaces between first and last names. Some samples of names are: Mary P. Jones; George J. Adams; Ruth Walters. Please print the name on the line below exactly the way you would like it to appear on the name plate.

___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ __ (21 space
maximum)
1) Botanical name of the tree (i.e. Acer rubrum)
2) Common name of tree (i.e. Red Maple)
3) Name of person to whom the tree is dedicated

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Packet Pg. 273 Attachment: Policy - City of Evanston, IL (3675 : City Hall Gift Receiving Policy)

Name of Donor:
__________________________________________________________________ City/State/Zip:
___________________________________________________________________ Daytime phone:
(___)_______________________________________________________________ Email address:
__________________________________________________________________

Make checks payable to “City of Evanston”. Remember gifts are deductible for Federal Income Tax purposes.

Mail check and this form to: City of Evanston – Forestry Division 2100 Ridge Avenue
Evanston, IL 60201
Attention: Memorial Tree

Dedication of a Memorial Bench at City of Evanston Parks and Lakefront

Donations for existing benches that have not been dedicated are:

$4,500.00

Donations for a new bench are:

$6,000.00

Once you have made your selection, a name plate will be placed on the bench.

Please indicate the manner in which you want the name to appear on the plate. A maximum of three lines with twenty-one spaces each are available. This includes periods and spaces between first and last names. Some samples of names are:

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Packet Pg. 274 Attachment: Policy - City of Evanston, IL (3675 : City Hall Gift Receiving Policy)

Mary P. Jones; George J. Adams; Ruth Walters. Please print the name on the lines below exactly the way you would like them to appear on the name plate.

(21 space maximum)

Location of
Bench:_____________________________________________________________

Name of
Donor:_______________________________________________________________

City/State/Zip:__________________________________________________________

Phone: ( )_____________________

Email address: _____________________________________

Make checks payable to “City of Evanston”. Remember gifts are deductible for Federal Income Tax purposes.

Mail check and this form to: City of Evanston – Greenways Division 2100 Ridge Avenue
Evanston, IL 60201
Attention: Memorial Bench

~ If you have any questions regarding Memorial trees or benches, please contact (847) 448-4311 ~

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Packet Pg. 275 Attachment: Policy - City of Evanston, IL (3675 : City Hall Gift Receiving Policy)

2/21/22, 6:44 PM Section 6-7 GRANTS, DONATIONS AND GIFTS TO THE CITY:
https://www.codepublishing.com/CA/Lynwood/html/Lynwood06/Lynwood0607.html 1/3

6-7 GRANTS, DONATIONS AND GIFTS TO THE CITY:
6-7.1 Definitions:

Donation or donations means presentation by third parties of any tangible or intangible asset including gis, in whatever condition, the city is prepared to accept pursuant to the policy set forth herein and administrative guidelines promulgated pursuant to this section.

Donor means an individual or legal entity making a gi or donation to the city.

Gi or gis means the voluntary transfer of property, real or personal, including money or marketable securities, from a third party to the city or any of the cityʼs departments or constituent entities such as the Lynwood Information, Inc., or the Lynwood public finance authority.

Grant means funding provided by third parties, public and private entities, available to the city through an application process, and when applied for pursuant to city council authorizations, and funded by the party oering the grant, permits the city to spend the approved funding under conditions set forth in the grant program application or established by the funding source.

Intended use when applied to gis or donation means the direction or limitation placed upon a gi or donation donor which the city must agree to as a condition of acceptance and use of the gi or donation.

Restricted account means the account or accounts into which the city deposits the gi or donation.

Restrictions means the condition or conditions placed upon a gi or donation by the donor and/or any limitation on the use of a gi or donation to the city placed on said item by the donor that impairs the ability of the city to dispose of or use the gi or donation in any manner it determines appropriate.

Segregation of funds means the cityʼs record keeping means and management program that will maintain as separately identifiable the gis or donations until their use by the city. (Ord. #1587, §1) 6-7.2 Purpose:

The city council of the city of Lynwood hereby finds that there are individuals and entities willing to make resources available to the city to provide for the delivery of programs or services to its residents. When made available to the city, such resources enhance the cityʼs ability to serve the needs of its residents and businesses alike. The clear and transparent management of gis or donations serves to encourage donorsʼ continued participation in charitable endeavors. To provide for the eective management of such resources and encourage the contributions of the same to the city, the city hereby adopts the policy set forth in this section. (Ord. #1587, §1)
6-7.3 Solicitation Of Gis Or Donations:
a. There shall be no solicitation of gis or donations by any city sta except pursuant to the following guidelines:

1. Solicitations for gis or donations may be made only by department directors or their designated sta.

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Packet Pg. 276 Attachment: Policy - City of Lynwood, CA (3675 : City Hall Gift Receiving Policy)

2/21/22, 6:44 PM Section 6-7 GRANTS, DONATIONS AND GIFTS TO THE CITY:
https://www.codepublishing.com/CA/Lynwood/html/Lynwood06/Lynwood0607.html 2/3

2. Solicitations for gis or donations may only be made for special programs or functions administered by the department making the solicitation. No solicitation shall be made by the city for gis or donations intended to benefit a single individual.

3. Department directors may not authorize sta or engage in solicitation for gis and donations without prior notification and authorization from the city manager. b. All solicitations must comply with the cityʼs administrative guidelines to be promulgated by the city manager following the adoption of this section and in advance of any solicitation or acceptance of gis or donations authorized by this section. (Ord. #1587, §1)
6-7.4 Acceptance Of Gis And Donations:
a. Gis or donations provided to the city free of any restrictions may be accepted by city employees authorized by their department directors to do so provided the gis or donations are not restricted in any way or, if restricted, the restriction on the use of the gis or donations is limited to the intended use for which the solicitation was made pursuant to a city council approved program. b. All funds accepted by the city as a result of solicitation for gis or donations shall be deposited into a restricted account in the city treasury. At all times there shall be segregation of funds pursuant to administrative guidelines providing that any limitation on or use of received funds will be met and such compliance will be verifiable.
c. Unrestricted gis or donations in any amount designated for specific programs established by council action shall not require further action by council for acceptance. Notwithstanding the foregoing, gis or donations of real property or any estate in real property may only be accepted pursuant to applicable state law, including, but not limited to, the requirement of a resolution of acceptance passed by the legislative body pursuant to Government Code section 27281.
d. The city council shall receive quarterly reports from the city manager or his/her designee on all gis or donations received. Such reports shall contain the following information:

1. The amount of each gi or donation and the date of receipt;

2. The name of the department director or designee who solicited the gi or donation;

3. The name of the donor;

4. An explanation of any restrictions placed on the gi or donation or the expenditure or allocation of the funds and increases derived therefrom, and compliance, if any should be required, with conditions or restrictions on the funds received;

5. Such other information as the city may prescribe in its administrative guidelines. (Ord. #1587, §1) 6-7.5 Allocation, Expenditure And Use Of Funds:

No action by the city council shall be required for the allocation, expenditure or use of gis or donations provided the same are used for the purpose designated by the donor, and the total amount of funds in question for a specific program does not exceed fieen thousand dollars ($15,000.00) in any one fiscal year. In the event the proposed total of funds to be allocated and spent exceeds fieen thousand dollars ($15,000.00) in any one fiscal year, the proposed allocation or expenditure of funds shall be presented to the city council for action. (Ord. #1587, §1)
6-7.6 Grant Funding:

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Packet Pg. 277 Attachment: Policy - City of Lynwood, CA (3675 : City Hall Gift Receiving Policy)

2/21/22, 6:44 PM Section 6-7 GRANTS, DONATIONS AND GIFTS TO THE CITY:
https://www.codepublishing.com/CA/Lynwood/html/Lynwood06/Lynwood0607.html 3/3 The city may apply for funding from any type of available grant. The city manager or his designee shall approve applications for grants in all instances except in cases where the grant conditions require city council approval before presenting the grant application to the funding source. Use of grant funds shall be at all times consistent with funding conditions and shall be done under the supervision and direction of the city manager except in cases where the conditions of the grant require city council approval before the funds may be used.

In cases involving the allocation of more than fieen thousand dollars ($15,000.00) for a program in any one fiscal year, city council approval must be had prior to the use of the funds in question. (Ord. #1587, §1)

The Lynwood Municipal Code is current through Ordinance 1734, passed April 23, 2020.

Disclaimer: The City Clerk's Oice has the oicial version of the Lynwood Municipal Code. Users should contact the City Clerk's Oice for ordinances passed subsequent to the ordinance cited above.

City Website: http://www.lynwood.ca.us/ City Telephone: (310) 603-0220 ext. 210 Code Publishing Company

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Packet Pg. 278 Attachment: Policy - City of Lynwood, CA (3675 : City Hall Gift Receiving Policy)

Enacted on: 4/12/2011 Enacted by: The Mendota City Council City of Mendota

Administrative Policy

Donation Acceptance and Procedures

INTRODUCTION:

In the past, the City of Mendota has received a series of donations, particularly in the arena of public safety, general donations, food, and also has acted as a proxy trustee to receive donations on behalf of coalitions and interest groups deemed acting in the interest of the community as a whole. The amounts have varied, and in this time of economic upheaval and local governments being in the news regarding financial matters, this policy is meant to formalize the process of receiving donations, and how they are to be handled.

PURPOSE:

The purpose of this Administrative Regulation (“Regulation”) is intended to provide direction to City employees regarding the acceptance of donations by the City from donors.

DEFINITIONS:

“Donation or Donations” means presentation by third parties of any tangible or intangible asset including gifts, in whatever condition, the City is prepared to accept pursuant to the policy set forth herein and administrative guidelines promulgated pursuant to this policy.

“Donor” means an individual or legal entity making a gift or donation to the City .

“Gift or Gifts” means the voluntary transfer of property, real or personal, including money or marketable securities, from a third party to the City or any of the City’s Departments or constituent entities, such as the Mendota Redevelopment Agency or Mendota Public Financing Authority.

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Packet Pg. 279 Attachment: Policy - City of Mendota, CA (3675 : City Hall Gift Receiving Policy)

Enacted on: 4/12/2011 Enacted by: The Mendota City Council “Intended Use” when applied to gifts or donations, means the direction or limitation placed upon a gift or donation by the donor which the City must agree to as a condition of acceptance and use of the gift or donation.

“Proxy or Trustee” means the City fulfilling the role of accepting and securing of donations or gifts on behalf of a third party, approved by Council action, to be utilized in accordance with the intended use of both the donor and the third party.

“Restricted Account” means the account or accounts into which the City deposits the gift or donation.

“Restrictions” means the condition or conditions placed upon a gift or donation by the donor and/or any limitation on the use of a gift or donation to the City placed on said item by the donor that impairs the ability of the City to dispose of or use the gift or donation in any manner it determines appropriate.

POLICY:

1. Requirements for Accepting Donations or Gifts
a) The donation or gift must have a purpose consistent with City goals and objectives. b) The City may decline any donation or gift without comment or cause. c) The donation or gift will not be in conflict with any provision of the law. d) Any non-cash donation or gift will be aesthetically acceptable to the City. e) The donation or gift will not add to the City’s workload unless it provides a net benefit to the City.
f) The donation or gift will not bring hidden costs such as starting a program the City would be unwilling to fund when the donation is exhausted . g) The donation or gift places no restriction on the City, unless agreed to by the City Manager or Council.
h) The donation or gift shall become property of the City. i) All donations or gifts will receive recognition appropriate to the level and nature of the donation, as determined by the City. For those of a capital nature, that may be in the form of signage, marking, naming, or any other means the City should deem appropriate. Any naming of parks and recreation facilities shall be consistent with City policy on the naming of such facilities. Regardless of the recognition strategy selected, the intent shall be to appropriately honor the donor for their contribution to the community. The appearance of traditional commercial advertising shall be avoided.
j) Donations or gifts exceeding $5,000 shall be accepted through a written agreement consistent with the procedures herein. In-kind capital donations will be subject to normal City review, permitting, inspection, and insurance requirements. k) All information regarding a donor or donors and their respective donation(s) or gift(s) are public information, and are subject to disclosure pursuant to the California Public Records Act.

2. Procedures for Accepting Donations or Gifts

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Packet Pg. 280 Attachment: Policy - City of Mendota, CA (3675 : City Hall Gift Receiving Policy)

Enacted on: 4/12/2011 Enacted by: The Mendota City Council a) Donations or gifts under $5,000.00.
i) For donations or gifts that are under $5,000.00, the City Manager must approve of receiving the donation before it can be accepted.
ii) If the donation or gift is appropriate, the City Manager or their designee must complete a report, given to the Finance Department, which contains the following information:

A) The amount of each gift or donation, if non-monetary, the estimated value must be listed.

B) The date of receipt of donation or gift.

C) The name of the Employee, Department, or individual or entity that solicited the donation or gift; if applicable.

D) The name of the donor.

E) An explanation of any restrictions placed on the donation or gift or the expenditure or allocation of any funds and increases derived thereof, and compliance, if any should be required, with conditions or restrictions on the funds received.

F) Such other information as the City may prescribe in its a dministrative guidelines.
iii) An inappropriate donation is one that meets one of the criteria below:

A) Any donation that would violate the requirements of Section 1 of this policy.

B) Any donation that may be of offensive or morally questionable material.

C) Any donation that is connected with a restriction that entails special consideration or favors beyond any other resident, donating or non- donating, as it pertains to activities or functions undertaken by the City in the provision of services or goods.

D) Any other concern, real or perceived, that may result in a loss of reputation, appearance of impropriety, or other negative impact on the City from accepting the donation or gift.
iv) Monetary donations will be deposited to the fund in which the intended use of the donation is to be achieved. This money shall be placed into a restricted fund in the Department’s budget responsible to achieve said intended use. v) The City Manager or designee shall determine the appropriate recognition, if donation or gift is accepted, for the donor(s).
b) Donations or gifts at or over $5,000.00
i) For donations or gifts that are at or over $5,000.00, the gift or donation must be approved by City Council action for acceptance of receiving the donation before it can be received by City staff.
ii) If the donation or gift is appropriate, the City Manager or designee must complete a report, given to the City Council as an action item at a public Council Meeting, which contains the following information:

A) The amount of each proposed donation or gift, if non-monetary, the estimated value must be listed.

B) The date of offering of the proposed donation or gift.

C) The name of the Employee, Department, or individual or entity that solicited the proposed donation or gift; if applicable.

D) The name of the proposed donor.

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Packet Pg. 281 Attachment: Policy - City of Mendota, CA (3675 : City Hall Gift Receiving Policy)

Enacted on: 4/12/2011 Enacted by: The Mendota City Council E) An explanation of any restrictions placed on the proposed donation or gift or the expenditure or allocation of any funds and increases derived thereof, and compliance, if any should be required, with conditions or restrictions on the funds received.

F) Such other information as need by Council to make an informed decision regarding the acceptance of the proposed donation or gift. iii) In consideration, the City Council shall evaluate the prospective donation or gift with the following criteria to determine any donations or gifts that are unacceptable:

A) Any donation or gift that would violate the requirements of Section 1 of this policy.

B) Any donation or gift that may be of offensive or morally questionable material.

C) Any donation or gift that is connected with a restriction that entails special consideration or favors beyond any other resident, donating or non- donating, as it pertains to activities or functions undertaken by the City in the provision of services or goods.

3. Donations or Gifts Collection by Proxy or Trustee
a) The City may accept gifts as a proxy or trustee as long as the following conditions are met:
i) The proposed third party to receive donations and gifts through the City as proxy or trustee shall have submitted a formal statement of intent to the City Manager or designee. The statement of intent shall include:

A) A declaration of the intended use of said solicited donations or gifts.

B) A declaration as to the reason why the third party is unable or unwilling to receive the donations or gifts directly.

C) For non-501(C)3 non-profit organizations, a listing of references of the entity of sufficient number and reputation to satisfactorily verify the third party’s interests, abilities, and established ethical and moral nature.

D) Detailed contact information for the entity’s principal member and executive staff, where applicable.

E) The nature and function of the entity.

F) The background of the entity.

G) Any information that is requested by the City Manager or designee as a follow-up to information or questions arising out of the statement of intent. ii) A formalized, legally binding agreement is established and approved by Council and any governing board or individual of the third party entity. Such an agreement shall include, but not be limited to:

A) The length of the agreement.

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Packet Pg. 282 Attachment: Policy - City of Mendota, CA (3675 : City Hall Gift Receiving Policy)

Enacted on: 4/12/2011 Enacted by: The Mendota City Council B) The nature of the donations or gifts to be received.

C) The amount of donations or gifts to be received.

D) The criteria of what makes an acceptable donation or gift vs. an unacceptable donation or gift.

E) A detailed procedure for the acceptance, handling, retaining, and distribution of the donations or gifts.

F) A hold harmless, indemnification, legal defense, and damages covered clause which is of sufficient authority and language to protect the City of Mendota from any claims, litigation, or other damages that may arise out of any phase or activity that may be called for in the agreement.

G) Any other protections, insurances, or other such contract language as deemed necessary or advisable by the City Attorney, the City’s Risk Management Authority, or any other regulatory agency that does or may have authority over the actions as detailed in the agreement. iii) Any gifts or donations received by the City shall be determined to be property of the third party entity, and shall be responsible for the provision of insurances of said property, and is responsible for the disposition of any such donation or gift.

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Packet Pg. 283 Attachment: Policy - City of Mendota, CA (3675 : City Hall Gift Receiving Policy)

City of San José, California

COUNCIL POLICY

TITLE DONATION, SPONSORSHIP AND

FUNDRAISING POLICY
PAGE
1 of 11

POLICY NUMBER
1-17
EFFECTIVE DATE March 23, 2004 REVISED DATE August 21, 2012 APPROVED BY COUNCIL ACTION 3/23/2004, Item 10.2, Res. No. 72014; 6/23/2009, Item 2.41(b)(2), Res. No. 75051; 8/21/2012, Item 3.3, Res. No. 76396

PURPOSE
To encourage and support departments in the development of partnerships to aid in revenue generation and Fundraising and Sponsorship efforts that are consistent with existing City policies, procedures and applicable laws.

BACKGROUND
The City of San José has a tradition of creative and innovative solutions that sustains ongoing services for our residents; the City continues to look for ways in which Public- Private Partnerships provide Donations, funding and volunteer assistance to support and enhance City services.

POLICY
It is the Policy of San José to encourage and support individual Departments and City- related foundations to pursue Donations, Sponsorships and other Fundraising activities with the purpose of creating opportunities for partnerships and enhancing revenue for department priorities. Individual Departments, through the approval of the City Manager and/or City Council, shall develop Sponsorship and Fundraising programs that meet the requirements set forth in this Policy.

GENERAL PROVISIONS

1. This policy is intended to establish a framework to direct the City Departments and the City Manager in establishing Donation, Sponsorship, and Fundraising programs so that the Departments may properly consider and address the different economic, procedural and legal issues that may be associated with Donation and Sponsor solicitation and recognition, including those related to City-related foundations.

2. This policy is intended to support the City’s ability to increase revenue and partnerships and does not limit the City’s ability to apply for grant funding.

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POLICY NUMBER
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3. The City encourages the acceptance of Donations or Sponsorships if the Donation or Sponsorship provides a significant enhancement to the City, enhances or reduces costs the City would incur in the absence of its acceptance, or if it otherwise benefits the City in a manner that provides a net savings to the City.

4. The City encourages Donations of materials with the understanding that such items have a useful life. Once a Donation is accepted, it becomes City property and the City may decide to maintain, replace or dispose of the item unless the Donation is explicitly accepted by the City subject to restrictions.

5. Unrestricted Donations are preferable to restricted Donations.

6. Definitions of terms used in this policy are set forth below.

AUTHORITY

1. The Director of each Department shall submit to the City Manager for approval, written Sponsorship, Donation, and/or Fundraising programs to be implemented by Departmental staff.

2. The City Manager is hereby authorized to approve Sponsorship, Donation and/or Fundraising programs and to issue requests for proposals to engage in similar Donation or Sponsorship solicitation activity. City Council approval is required if any of the following conditions are met:

a. A proposed Donation or Sponsorship is of a value or term in excess of the City Manager’s contract authority under Chapter 4.04 of the San José Municipal Code (including a fair market valuation of in-kind contributions);

b. A proposed Grant of any Donor or Sponsorship recognition rights has a value in excess of amount the City Manager's contract authority as set forth in Chapter

4.04 of the San José Municipal Code; or

c. Agreement to name any City property after any individual or entity unless expressly provided otherwise in the City Council Policy on Naming of City- Owned Land and Facilities (Policy 7-5).

3. The City Manager may delegate authority to the Department Director to approve a Department’s Sponsorship, Donation and/or Fundraising program which delegation may not exceed the City Manager’s authority unless also approved by City Council.

CITY-RELATED FOUNDATIONS
Some City-related foundations have been created to facilitate additional City services and resources through Public-Private Partnerships. The boards of the foundations have been developed by recruiting directors with specific expertise, business connections and

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fundraising ability. This section is intended to provide guidance to staff to evaluate whether to accept Donations, grants, or other forms of financial or in-kind assistance provided by City-related foundations in light of any actual or potential conflict of interest and the appearance of a conflict of interest.

Guidelines

1. City-related foundations should develop their Donation, Sponsorship, and/or Fundraising policies in consultation with the beneficiary City Department(s) and the City Attorney’s Office in order to avoid any actual or potential conflict of interest or the appearance of a conflict of interest. The Library Department’s 2004 “Guidelines for Contributions to the City of San José and Recognition of Donors for the Library Fundraising Campaign,” the “San José Police Foundation Conflicts of Interest Policy,” and the “San José Parks Foundation Conflict of Interest Policy” are incorporated by reference as conforming to this policy.

City staff shall ensure that City-related foundations develop conflict of interest policies that are timely and conform to the guidelines as set forth below for development of new Donation, Sponsorship, and/or Fundraising policies for City- related foundations.

2. Directors or designees of City Departments that receive assistance from a City- related foundation shall conduct, at a minimum, an annual review of the following:

a. The membership of the foundation’s board to determine whether the addition of a particular person on the board raises an actual or perceived conflict;

b. Annual signed statements from each foundation board member and principal officer affirming that such person has received, read, understands and agrees to comply with the conflict of interest policy; and

c. The foundation’s current conflict of interest policy to determine if any material change has been made to the policy that may affect the decision to accept funding or any other benefit from the City-related foundation.

3. At a minimum, new Donation, Sponsorship, and/or Fundraising policies developed for City-related foundations should set forth the following elements relating to conflict of interest:

a. The purpose of the policy;

b. Procedures relating to the duty and opportunity of a member of the board or employee to disclose an actual or possible conflict of interest, how the board will determine whether a conflict of interest exists, how a conflict of interest will be addressed, and how violations of the conflict of interest policy will be addressed;

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c. Annual signed statements from each foundation board member and principal officer affirming that such person has received, read, understands and agrees to comply with the conflict of interest policy; and

d. Periodic reviews by the board of the City-related foundation and/or outside advisors regarding whether the foundation’s transactions conform to the foundation’s written policies, are properly recorded, reflect reasonable investment or payment for goods or services, further charitable purposes and do not result in an impermissible private benefit or excess benefit transaction.

DEPARTMENT PROCESS
Guidelines

1. Individual departments shall develop their Donation, Sponsorship, and/or Fundraising programs in consultation with the City’s Attorney’s Office and which shall be approved by the City Manager. In its simplest form, a Department program may consist of a memorandum to the City Manager indicating the following:

a. Goal of the sponsorship, donation, and/or fundraising activities; b. Timeframe for the program;
c. Target audience and method of outreach; and
d. Procedure for acceptance and reporting of activities, ensuring internal controls.

2. Where a more elaborate plan is needed, a Department program may set forth:

a. The types of Donor or Sponsor recognition that is available for specified value of Donorship or Sponsorship, subject to City Council approval if the value of recognition is beyond the contract authority of the City Manager;

b. Individual Departments may offer official City endorsement of entity, product, or service based on the City Manager-approved Sponsorship program and Sponsorship Agreement, and further subject to City Council approval if the value of official City endorsement is beyond the contract authority of the City Manager;

c. The Sponsorship level or range of Sponsorship levels for the naming of the City property if permitted by the City Council Policy on Naming of City-Owned Land and Facilities (Policy 7-5) or otherwise approved by City Council;

d. Specified or maximum sizes and identification of location(s) of any signage in recognition of the Donation or Sponsorship and any restrictions on the text of the recognition signage; and

e. A Net Benefit Analysis may be conducted which may only be utilized for the City’s internal review of the proposed Donation or Sponsorship and is not intended to provide any information to third parties. This Net Benefit Analysis should include evaluation of factors such as:

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i. The administrative costs of obtaining the Donation or Sponsorship; ii. The anticipated additional costs and/or anticipated savings in the following areas:

1. Capital costs;

2. On-going operational costs;

3. On-going Maintenance costs;

4. Repair costs;

5. Clean-up costs;
iii. Costs for compliance with any restriction on the Donation or Sponsorship or estimated reduction in value of benefit due to the restriction;
iv. Any additional potential liability that the City may assume by accepting the Donation or Sponsorship including any requests for deviation from the City’s typical standard requirements, such as the level of indemnification, insurance, bonding, or warranties requested.

Requests for modification of an indemnification provision in relation to a Donation or Sponsorship would follow Administrative Policy regarding Mutual Indemnification in Donated Services;
v. Costs of management of City’s obligations of a Donation or Sponsorship;
vi. The financial ability of the donor or Sponsor if some of these costs are to be covered by the Sponsor or Donor; and
vii. The City’s ability to fund any uncovered costs set forth above.

3. The Department staff designated to oversee the Department's Donation, Sponsorship and/or Fundraising activities will ensure that the proposed Donation, Sponsorship and/or Fundraising program does not conflict with existing Municipal Code provisions, City policy or existing City Sponsorships. Department staff shall also ensure that the City property involved is not subject to restrictions that would limit or prohibit the proposed Donation or Sponsorship.(1)

4. The Department staff accepting items donated to the City will ensure that the items are safe and durable, and meet any applicable City design or quality specifications, standards, and policies.

5. Where applicable, the Department’s Donation, Sponsorship and/or Fundraising program shall set forth the conditions for acceptance of funds. Conditions shall be fair, impartial and shall not discriminate on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, national origin, or political views of the proposed Donor.

6. Any Department considering acceptance of a Donation or Sponsorship that may impact or affect other Departments shall consult with those Departments prior to acceptance of the proposed Donation or Sponsorship.(2)

7. It shall be the goal of any Departmental Donation, Sponsorship and/or Fundraising

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program to find Donors or Sponsors providing the highest net benefit to the City, along with consideration of the quality of product or service to be received by the City.

8. All Donations in cash shall be deposited and recorded with the Finance Department and deposited within the current gift trust fund policies.

9. Unaccepted Donations will be returned to the Donor.

10. Donations, including unrestricted cash Donations, made directly to the City shall be recorded on the City's "Donation Acceptance Form."

Sponsorship Agreements
After the selection of a Sponsor by the City Council, City Manager or Department Head, as appropriate, the terms of the Sponsorship, including any expectation of a significant return or recognition, shall be set forth in a written Sponsorship Agreement approved as to form by the City Attorney.

City Manager may include renewals of a Sponsorship agreement at the City’s option, provided that the aggregate of all of the renewals is within the City Manager’s contract authority under the Municipal Code. Any renewal shall be subject to annual appropriation of City Council if City funding is involved. Sponsorship Agreements or Donation Agreements involving City parks may also be subject to the term limitation of Section 1700 of the City Charter or the Municipal Code.

Costs, Accounting and Record Keeping
Departments shall maintain records that provide an audit trail for the receipt of all Sponsorships and Donations. Departments shall also comply with the following requirements:

1. All Donations and Sponsorships and the revenue, products, and services received shall be recorded and maintained for at least the expected life of the item or service, or for a specific time frame that has been established in the Donation Agreement or Sponsorship Agreement.

2. Donations or Sponsorships paid for with a monetary contribution shall not be paid to staff in cash unless approved, in advance, by the Department Director and receipt of cash is properly documented.

3. A record of all Sponsorships and Donations including name, type, contact name if a company, amount, and disposition of Sponsorship shall be kept up-to-date and accurate.

4. Departments shall report any Donations or Sponsorships received by the Department through reports to City Manager.

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OTHER DONATIONS OR CONTRIBUTIONS

1. Real Property Contributions

a. Restricted Donations of real property may be offered to the City for specified purposes. The City will review the conditions of the restrictive Donations of real property and determine if the benefits to be derived warrant the acceptance of the Donation. All Donations of title to real estate, no matter how small, require City Council approval after proper investigation and due diligence is conducted by staff.

i. For any buildings and structures donated to the City, the City administration shall also conduct its net benefit analysis. It is the policy of the City of San José that the following apply to Donations of buildings or structures:

1. The Donor may pay the cost for moving and/or construction of a donated structure and:

a. The City may pay the insurance and/or bonding required or assume the liability risk under its current self-insurance provisions where appropriate.

b. It is preferred that costs for project-related architectural, engineering and inspection costs incurred by City, including staff time, be paid by Donor but may be subject to mutual contribution by City and Donor if set forth in the Donation Agreement. A Donation involving real estate is more complex than cash Donations and the Donation Agreement documenting a real estate-related Donation should be prepared by and approved by the City Attorney’s Office.

ii. For buildings and structures which are donated and approved by City Council, affecting City parks, and accepted by the Director of the Parks, Recreation and Neighborhood Services Department:

1. If the approved Donation is anticipated during an upcoming fiscal year, and if the City Manager or Designee agrees that payment of the project-related architectural, engineering and inspection costs is to the City’s benefit, these project-related estimates should be requested during the annual budget process and subject to appropriation by City Council. If the approved Donation is not anticipated during the annual budget process, the Director of PRNS will determine if any existing Capital funds are eligible and appropriate to be used to accept the donation. If there are no eligible and appropriate existing Capital funds, the Director of PRNS will return to Council with a funding recommendation.

2. The cost allocation method stated here for PRNS projects should also be utilized by other City departments in the event that a donation of real

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property proposal is presented.

2. Works of Art Contributions
If a contribution is proposed related to a work of public art covered by the City's Art in Public Places ordinance, currently found in Chapter 22.08 of the San José Municipal Code, the City's review and acceptance of the proposed contribution of public art shall be conducted in accordance with the City's Art in Public Places ordinance, which shall include the review and recommendation of the City's Arts Commission and compliance with any policies adopted regarding donations of works of public art. Any time a Donation of a work of art or a contribution toward the acquisition of a work of art that would not ordinarily be covered by the City's Public Art Ordinance is proposed for the City, the City Department that operates or maintains the site of the proposed work of art shall submit the proposed Donation to the Arts Commission for the Arts Commission's recommendation regarding acceptance of the proposed Donation of public art.

DEFINITIONS
• Fundraising: Any activity conducted with the intent of soliciting Donations, Sponsorships or other financial contributions to the City or to a particular Department or activity of the City. Fundraising activities may include, but are not limited to, City grant proposals, City responses to Request for Proposals issued by other agencies, foundations or funding agencies, endowment programs, adoption or pledge drives, and contacting individuals, companies, foundations, or other entities with the primary purpose of receiving financial support for the City.

• Sponsorship: A "Sponsorship" typically means a person or entity that provides the City with financial support for an activity, City program or City facility, typically in exchange for the City providing more than nominal recognition of its financial support, which distinguishes a Sponsorship from a Donation. Financial assistance provided by a Sponsor may consist of cash and/or in-kind contributions.

• Donation: A Donation to the City means a person or entity providing the City with financial support or property of a value exceeding the City’s payment for such item.

Furthermore, a Donor typically does not expect to receive a substantial return or recognition from the City in return for the Donation. A Donation may consist of cash, real property (land) or an in-kind Donation. Donations may be unrestricted or restricted by the Donor.

• Stock Donations: Stocks are the proprietorship element in a corporation usually divided into shares and represented by transferable stock certificates. Current rules require the City to immediately sell stock Donations upon receipt unless the stock was received through a gift or bequest with restrictions on its sale.

• In-Kind Contributions: A contribution of an item or object other than cash or real property, which would serve a useful purpose in the provision of City services.

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Packet Pg. 291 Attachment: Policy - City of San Jose, CA (3675 : City Hall Gift Receiving Policy)

TITLE DONATION, SPONSORSHIP AND

FUNDRAISING POLICY
PAGE
9 of 11

POLICY NUMBER
1-17

Examples of in-kind contributions may include equipment, materials or services.

• Donor: A company, organization or individual who provides the City, or one of the City departments, an item or service without expectation of significant return or recognition.

• Restricted Donation: A Donation made to the City where the Donor has restricted its use to a specified purpose.

• Sponsor: A company, organization or individual who provides the City with funding support for a program, activity or facility in the form of a Sponsorship, and who expects significant recognition in return.

• Sponsorship Agreement: A negotiated agreement between the City and a company, organization or individual whereby the City makes a Sponsorship opportunity available and enters into an agreement with a company, organization or individual to pay a fee in cash, products, services or a combination thereof, for recognition rights related to certain identified City-owned commercial or marketable assets. A Sponsorship Agreement may permit a limited form of advertising opportunity for a company, organization or individual in exchange for the fee paid to the City, subject to the terms of this Policy and subject to the approval of the City Manager and the City Attorney's Office.

• Unrestricted Donations: A Donation made to the City where the Donor has placed no limitation on its use.

• Amenity: An “Amenity” is an improvement located on City property which is less than the entire portion of a City property, such as a wall at a park, a plaza in front of a City building, a trail located along City property, an interior room or rooms in a building. A fully enclosed structure such as a City building with walls and roof (examples being a community center, stand-alone gym, warehouse, or stand-alone building housing a restroom and locker room) is more substantial than an Amenity, and City Council approval is required before granting naming rights. An Amenity may include any of the following if located on City property: plazas that constitute only a portion of a larger parcel of City property, gazebos, archways, paths, athletic facilities that are not fully enclosed structures, playing fields, portions of aquatic facilities that are not enclosed structures or City buildings, picnic areas, tot lots, play structures, hard courts, and trail segments. If the administration is unsure if a specific City improvement is an Amenity or more substantial than an Amenity, the City Manager shall seek direction from the City Council Rules and Open Government Committee.

• Works of Art: Includes, but is not limited to, physical art that may be an integral part of a public site or building, or that may be integrated with the work of other design professionals. Examples of public works of art include sculptures, murals and paintings, earthworks, neon, glass, organic materials, mosaics, photographs, prints, film, any combination of media forms, or hybrids of any media.

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Packet Pg. 292 Attachment: Policy - City of San Jose, CA (3675 : City Hall Gift Receiving Policy)

TITLE DONATION, SPONSORSHIP AND

FUNDRAISING POLICY
PAGE
10 of 11

POLICY NUMBER
1-17

DISCLAIMERS

1. Different forms of contributions to the City present different opportunities and challenges. Therefore, it is not possible to establish blanket guidelines to cover all types of Donation or Sponsorship activity that the City may decide to pursue.

2. Unless expressly stated otherwise, the City does not intend to modify or change the non-public forum status of any City property by providing Donor recognition or Sponsorship recognition on City property.

3. The making of a Donation or Sponsorship to the City will not provide any extra consideration to the Donating or Sponsoring party in relation to any City procurement, any regulatory activities of the City, or other City business. No City employee or other City Official is authorized to offer any such extra consideration to a donating party.

4. Any Donation or Sponsorship which, if accepted, would obligate the City to enter into a service or procurement agreement should be reviewed under the City procurement process.

5. The City encourages Donations of materials with the understanding that such items have a useful life, and that the City assumes no responsibility for replacement or upkeep. Once a Donation is accepted, it becomes City property and the City may maintain, replace or dispose of the item unless the Donation is explicitly restricted.

6. The City cannot guarantee the tax deductibility of a Donation, but may provide the donating party with a letter of acknowledgement and a statement of the City's intended use.

7. City staff shall maintain the highest standard of ethics in Fundraising activities. All Donations or Sponsorships must directly enhance the City’s ability to provide goods or services to the public or for another valid public purpose, and may not be used for personal financial gain of any City employee.

8. City employees who have primary responsibility for the procurement of services, supplies, materials and equipment or public works should not engage in solicitation of Donations or Sponsorships.

9. City employees may only solicit Donations or Sponsorships pursuant to the individual Department’s Donation, Sponsorship, and/or Fundraising programs approved by the City Manager. City employees working in an enforcement or regulatory City position (i.e. Police and Fire, Code Enforcement, and Environmental Services) shall not solicit Donations or Sponsorships from the public while they are wearing a City uniform, unless they receive explicit permission from the City

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Packet Pg. 293 Attachment: Policy - City of San Jose, CA (3675 : City Hall Gift Receiving Policy)

TITLE DONATION, SPONSORSHIP AND

FUNDRAISING POLICY
PAGE
11 of 11

POLICY NUMBER
1-17

Manager via their Department’s written Donation, Sponsorship, and/or Fundraising programs.

10. At any time, a Department, if approved by the City Manager, or the City Manager may reject any Donation or Sponsorship offered to the City.

End Notes
(1) These could include, but are not limited to, Chapter 4.04 of the San José Municipal Code, the Naming of City owned land and facilities (See Policy Number 7-5, Naming of City-Owned Land and Facilities) and the Code of Ethics (Policy Number 0-15), the City's Zoning Code (Title 20 of the San José Municipal Code) and Sign Ordinance (Title 23 of the San José Municipal Code), City procurement requirements, the Prevailing Wage and Living Wage Policies, Uses of Public Property (Policy Number 6-16), the California Environmental Quality Act, and the Long-term Use of City Parklands for Private Enterprise Purposes (Policy Number 7-8). One example of property-specific issues to be considered when developing Donor recognition guidelines and other contribution recognition guidelines is whether the property was funded through tax-exempt bonds.

Donor recognition guidelines for such types of property shall take into account IRS regulations, among other factors specific to those properties.

(2) A Department shall be deemed affected by a proposed Donation if it is likely that the Department would incur additional cost or staff time if the Donation were accepted. For example, other Departments may incur costs to provide management, support, maintenance, and repair or enforcement activity in relation to the Donation or Sponsorship.

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Packet Pg. 294 Attachment: Policy - City of San Jose, CA (3675 : City Hall Gift Receiving Policy)

OCEANSIDE CITY COUNCIL POLICY 1

SUBJECT: POLICY NUMBER 200-15
Gifts/Donations Acceptance ADOPTED 6-03-20

Section 1. The purpose of this policy is to establish guidelines and a formal process for the City of Oceanside’s consideration of accepting gifts and donations in a responsible, transparent, and accountable manner. This policy provides guidance when individuals, community groups, and businesses wish to make donations to the City. This policy also establishes the standards for City employees and City officials regarding the acceptance of gifts to the City during the performance of City business.

Whenever possible and practical, donors are encouraged to make donations to a non-profit organization that partners with the City in support of its operations, such as “Friends of the Oceanside Public Library” or “Friends of the Oceanside Parks.” This policy does not apply to sponsorships of City hosted events, such as service award ceremonies.

Section 2. Types of Donations
Donations may be offered in the form of cash, real or personal property and can be designated or undesignated. Designated donations are those donations that the donor specifies for a particular City department, location, or purpose. Undesignated donations are those donations that are given to the City for an unspecified use.

Section 3. Consistency with City Interests
Designated donations may only be accepted when they have a purpose consistent with the City’s goals and objectives and are in the best interest of Oceanside. The City must always consider the public trust and comply with all applicable laws when accepting donations.

There shall be no consideration or expectation of a quid pro quo or special treatmen t when the City accepts a gift from any member of the public. The City will not accept donations from any individual, group, or entity that has a pending discretionary land use application or proposal for the purchase or sale of real property.

Section 4. Acceptance of Undesignated Donations of Cash or Tangible Items All donations to the City shall immediately be submitted for consideration for acceptance. Based on the value of the donation offered as outlined below, appropriate City staff shall review every donation and determine if the benefits to be derived warrant acceptance of the donation. The following points list the threshold amounts for donation acceptance.

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Packet Pg. 295 Attachment: Policy - City of Oceanside, CA (3675 : City Hall Gift Receiving Policy)

OCEANSIDE CITY COUNCIL POLICY 2

A. Offers of donations of cash or items valued at $25,000 or below may be accepted by a Department Director.

B. Offers of donations of cash or items valued more than $25,000 and up to $50,000 may be accepted by the City Manager.

C. Offers of donations of cash or items valued more than $50,000 must be accepted by the City Council. Donations valued at more than $50,000 shall be accepted through a written agreement consistent with these guidelines and approved by the City Council.

D. Offers of donations of a holiday gift basket or similar de minimis donation valued under the gift reporting limit in the Political Reform Act may be accepted by the Department Director, or designee, provided the donation is made available to benefit all employees.

Section 5. Acceptance of Designated Donations of Cash or Tangible Items Based on the value of the donation offer as outlined in Section 3 above, appropriate City staff will review the conditions of any designated donation and determine if the benefits to be derived warrant acceptance of the donation. Criteria for the evaluation include but are not limited to:

A. Consideration of an immediate or initial expenditure is required in order to accept the donation; and
B. The potential and extent of the City’s obligation to maintain, match, or supplement the donation.

Section 6. Acknowledgement of Donations (This section does not apply to de minimis donations)
A. A Donation Acceptance Form is required to be completed by t he receiving Department Director or the City Manager’s Office for all donations provided to the City (form attached).

B. Acknowledgement of the donation should be in writing and be the responsibility of the Department Director who is the beneficiary of the d onation. Undesignated donations shall be acknowledged by the City Manager. A copy of the acknowledgement agreement should be forwarded to donors.

C. The Donor Acceptance Form including the donor name and donation amount is public information subject to disclosure pursuant to the California Public Records Act.

D. The City does not provide legal, accounting, tax or other such advice to donors.

Each donor is ultimately responsible for ensuring the donor’s proposed donation meets and furthers the donor’s charitable, financial, tax, and estate planning goals. As such, each donor is encouraged to meet with a professional advisor before making any donation to the City.

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Packet Pg. 296 Attachment: Policy - City of Oceanside, CA (3675 : City Hall Gift Receiving Policy)

OCEANSIDE CITY COUNCIL POLICY 3

Section 7. Declined Donations
The City reserves the right to decline any donation if, upon review, acceptance of the donation offer is determined in the sole discretion of the City to be not in the best interests of the City.

Section 8. Distribution of Donation
A. Tangible items will be distributed to appropriate City departments for use or, at the discretion of the Department Director or City Manager, disposed of in an appropriate manner according to this policy.

B. Donations of cash for designated donations will be deposited into the appropriate revenue account for the designated City department.

C. Donations of cash for undesignated donations under $50,000 will be deposited into the City’s General Fund donation account. Undesignated donations in an amount over $50,000 will be distributed at the direction of City Council.

Section 9. Dissemination of Information
A. A copy of each Donation Acceptance Form for accepted donations shall be forwarded for information to the City Council by the City Manager’s Office.

B. A copy of each Donation Acceptance Form for accepted donations shall be forwarded for information to the Finance Department and the designated department for which the donation was assigned.

C. Each original Donation Acceptance Form shall be maintained by the City Clerk’s Office.

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Packet Pg. 297 Attachment: Policy - City of Oceanside, CA (3675 : City Hall Gift Receiving Policy)

CITY OF OCEANSIDE

DONATION ACCEPTANCE FORM

Name of Donor: ______________________________________________________________________

Address: ________________________________ City: ______________ State: ______ Zip:__________

Description of donation: ________________________________________________________________

____________________________________________________________________________________

Donor estimate of current value: _________________________________________________________

Potential immediate or initial acquisition or installation cost, any on-going maintenance or replacement cost: ________________________________________________________________________________

_____________________________________________________________________________________

Intended use: ________________________________________________________________________

_____________________________________________________________________________________

Conditions of acceptance or donor designation: ______________________________________________

_____________________________________________________________________________________

Remarks: ____________________________________________________________________________

_____________________________________________________________________________________

City Department receiving donation: _______________________________________________________

APPROVED:

Department Director Signature Date

City Manager Signature Date

Mayor Signature Date

NOTE: The City of Oceanside cannot guarantee future funding for repair, maintenance, use, or replacement of donated items.

cc: City Council, Finance Department, City Clerk

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Packet Pg. 298 Attachment: Policy - City of Oceanside, CA (3675 : City Hall Gift Receiving Policy)

CITY OF OCEANSIDE

DONATION ACCEPTANCE FORM

DONATION AND GIFT POLICY ACKNOWLEDGEMENT

I have received and read the City of Oceanside Donation and Gift Policy and understand its provisions. I further understand that when I sign this acknowledgement form it will be placed in my personnel file.

______________________________
Employee (PRINT NAME)

______________________________ ________________
Signature Date

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Packet Pg. 299 Attachment: Policy - City of Oceanside, CA (3675 : City Hall Gift Receiving Policy)

#454814 – Public Arts
Policy/City of Gilroy
Adopted Version 4/17/2000
Revised & Adopted by PAC 10/24/2018
1 CITY OF GILROY

PUBLIC ART POLICY

VISION STATEMENT:

The City of Gilroy’s Public Art Committee promotes a bold vision which exemplifies the City’s creativity and energy shaping the visual environment of our community.

PURPOSE:

The City of Gilroy (City) recognizes the importance of Public Art to the cultural, educational and economic well-being of its diverse population. These guidelines are for the purpose of establishing policies and procedures for implementing Public Art as recommended in the Arts & Culture Commission’s Cultural Plan, developed in 1997, and 1999 General Plan Update.

GOALS:

 To promote the City’s interest in its aesthetic environment.

 To establish the Public Art Committee as an advisory committee to the Arts and Culture Commission to be responsible for developing the Public Art Plan; ensuring the quality of artworks created under the plan; and, developing budgets, funding strategies and scope of individual Public Art projects.

 To create an enhanced visual environment within the City and provide City residents with the opportunity to live with Public Art.

 To help build pride in our City and among its citizens.

 To promote tourism and economic vitality of the City by enhancing the City’s public facilities and surroundings through the incorporation of Public Art.

 To encourage creative collaboration among community members.

 To encourage the creation of quality Public Art throughout the City by promoting locally, regionally, nationally and internationally recognized artists.

 To educate, preserve, reflect and celebrate the rich, unique history and cultural diversity of the City and its citizens.

 To promote and encourage art viewed by the public in all of the City’s communities and neighborhoods and to support the residents’ involvement in determining the character of their City.

 To ensure a program of procurement and maintenance of a quality Public Art collection.

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Packet Pg. 300 Attachment: PUBLIC ART POLICY (Revised 10-24-2018) (3675 : City Hall Gift Receiving Policy)

#454814 – Public Arts
Policy/City of Gilroy
Adopted Version 4/17/2000
Revised & Adopted by PAC 10/24/2018
2 DEFINITION OF TERMS:

For purposes of this Public Art Policy:

“Artist” means the individual or individuals who create a work of art.

“Public Art” means an original painting, sculpture, or drawing, or an original work of art in any medium, of recognized quality, displayed in a public place, on the exterior of any City owned facility or inside any city owned facility in areas designated as public areas. Public Art includes original works of art that can be viewed by the public created for placement in public places, or integrated projects where the artwork is a part of the underlying architecture, landscape design or site. Public Art does not include items of commercial use such as advertising, or standard manufacture, reproductions or architectural elements unless co-designed by an Artist. Public Art encompasses the broadest range of expression, media and materials. Public Art may be permanent, temporary or functional. “Public Art projects may occur in any public location within the City and may be used as an incentive for commitments of Public Art in private sector developments”.

In determining whether a work of Public Art is of recognized quality, the City, Arts and Culture Commission and Public Art Committee (PAC) shall rely on the opinions of Artists, art dealers, collectors of art, curators of art museums, and other persons involved with the creation or marketing of art.

“Public Art Committee” (PAC) means a qualified citizen committee comprised of seven members to work in an advisory capacity to the Arts and Culture Commission. At least one, but no more than two, members of the Arts and Culture Commission shall be members of the Public Art Committee. The remaining members shall be nominated by the Arts and Culture Commission and appointed by the City Council. The members shall be chosen for their demonstrated background in fundraising, art education or expertise in the visual arts, public art, art management, architecture and related design professions, art history, art criticism, or arts advocacy. The PAC members shall serve staggered four year terms. No member of the PAC shall serve more than two consecutive full terms, plus any partial term to which the member may be appointed.

“Public Art Plan” means a prioritized check list of Public Art Projects, with any necessary budgeted and recommended design approaches, updated on an annual basis by the PAC, reviewed by the Arts and Culture Commission who will make recommendations to the City Council for potential adoption. The Public Art Plan should strive for diversity of style, scale, and media. The program will also strive for equitable distribution of artworks throughout the city, subject to sources of funding.

THE ROLE OF THE CITY STAFF WITHIN THE PUBLIC ART COMMITTEE:

 To serve in a liaison capacity to facilitate the meetings of the Public Art Committee.

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Packet Pg. 301 Attachment: PUBLIC ART POLICY (Revised 10-24-2018) (3675 : City Hall Gift Receiving Policy)

#454814 – Public Arts
Policy/City of Gilroy
Adopted Version 4/17/2000
Revised & Adopted by PAC 10/24/2018
3 THE ROLE OF THE PUBLIC ART COMMITTEE:

The Public Art Committee (PAC) shall:

 Develop and recommend the annual Public Art Plan, with any necessary budgets, selection processes, funding plan and timelines for projects.

 Recommend the selection, acquisition and placement of public art in the city’s Public Art Collection; or, the implementation of a public art project.

 Oversee the development and review of the City’s Public Art collection.

 Review and recommend proposed loans, donations and gifts of artworks to the City and long- term exhibitions on City owned property.

 Review and recommend changes in the Public Art policies, guidelines and procedures.

 At the direction of the Arts and Culture Commission, develop and implement fundraising activities to support Public Art Projects in and for the City of Gilroy.

PUBLIC ART SELECTION CRITERIA:

All Public Art must be in compliance with all state, federal and local laws and ordinances, currently in effect. The City shall have the right to withhold acceptance of a work until it clearly meets standards of artistic achievement.

1. Eligible Public Art:

Eligible Public Art may include, but is not limited to, the following:

(a) Sculpture free-standing, wall supported or suspended, kinetic, electronic, in any material or combination of materials.

(b) Murals or portable painting in any material or variety of materials, with or without collage or the addition of non-traditional materials or means. (See the City’s Mural Guidelines.)

(c) Earthworks; fiberworks, neon, glass, mosaics, photographs, prints, calligraphy, any combination of forms or media including sound, literary elements, film, holographic images, and video systems, hybrids of any media and new genres.

(d) Furnishings or fixtures, including but not limited to gates, railings, streetlights, signage, seating, if created by Artists as unique elements or limited editions.

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Packet Pg. 302 Attachment: PUBLIC ART POLICY (Revised 10-24-2018) (3675 : City Hall Gift Receiving Policy)

#454814 – Public Arts
Policy/City of Gilroy
Adopted Version 4/17/2000
Revised & Adopted by PAC 10/24/2018
4 (e) Artistic or aesthetic elements of the overall architecture or landscape design if created by an Artist or a design team that includes an Artist as a co-designer.

(f) Temporary artworks or installations, if such artworks serve the purpose of providing community and education outreach purposes.

(g) Media artworks, including video and film or other forms of electronic artworks.

(h) The incremental costs of infrastructure elements, such as soundwalls, utility structures, roadway elements and other items if designed by an Artist or design team that included an Artist as a co-designer.

2. Ineligible Public Art:

Ineligible Public Art may include, but is not limited to, the following:

(a) Reproductions, by mechanical or other means, of original works of art, except in the cases of film, video, photography, printmaking or other media arts or works created for commercial use such as advertising.

(b) “Art Objects” that are mass-produced or of standard manufacture, such as playground equipment, fountains or statuary elements, unless incorporated into an artwork by a project Artist.

(c) Decorative, ornamental, architectural or functional elements which are designed by the building architect, as opposed to elements created by an Artist commissioned for that purpose.

(d) Landscape architecture and landscape gardening except where these elements are designed by an Artist and/or are an integral part of the artwork by an Artist.

(e) Architectural rehabilitation or historical preservation, although works may be acquired in connection with such projects.

(f) Services or utilities necessary to operate and maintain an artwork over time.

(g) Public Art Projects which could have unsafe conditions or factors that could result in public liability.

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Packet Pg. 303 Attachment: PUBLIC ART POLICY (Revised 10-24-2018) (3675 : City Hall Gift Receiving Policy)

#454814 – Public Arts
Policy/City of Gilroy
Adopted Version 4/17/2000
Revised & Adopted by PAC 10/24/2018
5 3. Public Art Site Selection Criteria:

When considering a possible site for Public Art, the PAC will determine the relative importance of each of the considerations listed below for a given proposal. The PAC shall compare a Public Art project to these considerations to assure that it contributes positively to the City’s community. Site selection criteria may include, but is not limited to, the following:

(a) The relationship of the art work and site shall be considered in terms of the physical dimensions, social dynamics, local character and surrounding context of the site, existing or planned.

(b) The visibility of the site by the general public.

(d) The contribution of the artwork’s design to an area by emphasizing a particular location through landmarks, gateways and/or linkages to other parts of the community.

(e) Interior and exterior vehicular and pedestrian traffic patterns.

(f) Site design including landscaping, drainage grading, lighting and seating considerations.

(g) Relationship of proposed artwork to existing artworks within the site vicinity.

(h) Environmental impact such as noise, sound, light and odor.

(i) Public accessibility to the artwork.

(j) Impact on adjacent property owner’s vistas.

(k) Impact on operational functions (maintenance) of the City.

(l) The probability of vandalism.

(m) The cost of development.

(n) Compatibility of the design and location with the historical character of the site.

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Packet Pg. 304 Attachment: PUBLIC ART POLICY (Revised 10-24-2018) (3675 : City Hall Gift Receiving Policy)

#454814 – Public Arts
Policy/City of Gilroy
Adopted Version 4/17/2000
Revised & Adopted by PAC 10/24/2018
6 ARTIST SELECTION CRITERIA:

When the PAC considers the selection of an Artist to develop a piece of Public art, the artist criteria may include, but is not limited to, the following criteria:

(a) Cooperation. Ability of the Artist to work closely and cooperatively with the PAC, Arts and Culture Commission, staff and community.

(b) Artist’s Presentation. The Artist must have the ability to clearly describe concepts verbally and through quality written materials. In addition, specific drawings of the artwork as placed at the primary site will be required.

(c) Technical Feasibility. Each work shall be examined for its feasibility and convincing evidence of the Artist’s ability to successfully complete the work as proposed. A plan from each Artist of installation and maintenance, as well as a bill of materials, will be required.

(d) Aesthetic Standard. The PAC shall have the right to withhold acceptance of a work until it clearly meets standards of artistic achievement agreed upon by a majority vote of all members of the PAC. The work must be available for viewing in progress by the PAC in order to make this determination.

(e) Quality. Priority is given to the design capabilities of the Artist(s) and the inherent quality of the artwork(s).

(f) The Artist selection process and acquisition policies should encourage the interests of all concerned parties that are represented, including the public, the arts community and the City.

(g) Selection of Artists will be without regard to race or gender.

(h) Public Art Contracts: Following the final selection of an Artist whose work is to be either purchased, commissioned, or donated, that Artist shall enter into a written contractual agreement with the City. All agreements between the City and the Artist shall be in writing and shall go through the standard city approval process. All contracts, as to form, shall be subject to approval by the City Attorney. The completed and approved contract shall be filed with the City Clerk.

(i) Conflict of Interest: Artists (or members of their immediate families) serving as members of the Arts and Culture Commission, the PAC, or City employees may not be commissioned under, or receive any direct financial benefit from, any City Public Art project during the term of their tenure on the Arts and Culture Commission or the PAC.

This restriction shall extend for a period of one year following Arts and Culture Commission or PAC membership and shall extend indefinitely for any specific projects which were reviewed or otherwise acted upon during the Artist’s membership on the Arts and Culture Commission or its PAC.

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Packet Pg. 305 Attachment: PUBLIC ART POLICY (Revised 10-24-2018) (3675 : City Hall Gift Receiving Policy)

#454814 – Public Arts
Policy/City of Gilroy
Adopted Version 4/17/2000
Revised & Adopted by PAC 10/24/2018
7 PUBLIC ART ACQUISITION PROCESS:

The selection and placement of Public Art may be through direct selection, competition, donation, or trades or loans. Public Art may be acquired by the following methods:

1. Direct selection: A process used to acquire an existing exceptional work of inherent artistic or historical significance, or to provide for the unusual purchase circumstances such as a partial gift or unique economic advantage.

Submission for direct selection: Artists who have finished work available for direct purchase should submit the following to the PAC.

(a) No more than five examples (photographs, models, illustrations) for each entry.

Each example should be marked with the Artist’s name and the title of the art work.

(b) A proposal with the Artist’s name including the following information on each piece: title of artwork, dimensions, medium, date produced, price, location, number of reproductions (if applicable), restrictions on reproductions, and other information the Artist deems pertinent.

2. Competition: Open entry competitions are open to entries from all Artists within the geographic limits set by the PAC striving to maintain a balance between competitions involving local Artists only and Artists from a larger area. Invitational entry is the process used when the choice of the Artist is to be within special limitations of a project or when there is a need to provide a balance of media or styles. Examples of this type of acquisition may be a City art show or a mural commissioned by the City and/or Artist.

The submission process for open entry or invitational competitions is as follows:

(a) The PAC shall provide a project description, budget, time schedule and a detail of duties and obligations of both the PAC and the Artist.

(b) The Artist shall provide a maquette (small model) and site drawing (if appropriate), design, concept statement, budget, photographs, resume and references.

(c) Proposals shall be considered by the PAC and a final choice(s) will be presented to the Arts and Culture Commission for acceptance.

(d) Entry materials will be returned to the Artist only if appropriate packaging, postage and insurance are included with the entry by the Artist, if requested in the prospectus. Non-selected Artists will be informed of the final choice(s) when the entry materials are returned.

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Packet Pg. 306 Attachment: PUBLIC ART POLICY (Revised 10-24-2018) (3675 : City Hall Gift Receiving Policy)

#454814 – Public Arts
Policy/City of Gilroy
Adopted Version 4/17/2000
Revised & Adopted by PAC 10/24/2018
8 3. Donations: It is recognized that donations may become a large portion of the City’s Public Art collection. It is also recognized that donations may be presented to the City in a variety of forms and that each donation proposed is unique. The Public Art Committee and Arts and Culture Commission are responsible for accepting only those works of art that will further the objectives of the Public Art Plan which include all the criteria set forth involving artwork selection, site selection, Artist criteria and installation.

4. Trades or Loans: Works of Public Art may be borrowed or traded for exhibition by the City.

INSTALLATION:

At the time of acquisition, whether by donation or purchase, the PAC budget should cover costs of installation which may include:

(a) Plinths (slab, base or support), or other display components (b) Site development
(c) Identification plaque
(d) Necessary permits and approval fees
(e) Insurance requirements

MAINTENANCE:

A review process shall be established by the PAC to meet the following objectives:

 To ensure regular maintenance of artworks in the City and Public Art collection to preserve them in the best possible condition.

 To provide for the regular inspection for condition and location of artworks in the City and Public Art collection.

 To establish a regular procedure for effecting necessary repairs to artworks in the City and Public Art collection.

 To ensure that alteration, refinishing and moving of Public Art shall be done with notice to and in consultation with the Artist whenever feasible.

PUBLIC ART ON PRIVATE PROPERTY:

When public art is required as a condition of development project approval, the condition requiring the art remains in effect for the life of the development. Thus, if a mural were a condition of approval, the property owner would be obligated to maintain the mural. If the property owner painted over such mural, the mural would have to be repainted. Similarly, if a property owner removed a sculpture that was required as a condition of approval, the owner would have to replace the sculpture in-kind.

10.4.g
Packet Pg. 307 Attachment: PUBLIC ART POLICY (Revised 10-24-2018) (3675 : City Hall Gift Receiving Policy)

#454814 – Public Arts
Policy/City of Gilroy
Adopted Version 4/17/2000
Revised & Adopted by PAC 10/24/2018
9 Prior to removal of Public Art on private property, originally required as a condition of development project approval, the planning department shall inform the Public Art Committee of such plans for removal.

PUBLIC ART DEACCESSIONING:

Deaccessioning is the process used to permanently remove Public Art from the Public Art collection through sale, trade or other means. Deaccessioning requires the approval of a majority vote of all members of the PAC, with a public announcement of the proposed action to permit public input. Deaccessioning should be a seldom employed action that operates with a strong presumption against removing Public Art from the Public Art collection. No works may be deaccessioned unless they meet at least one of the following criteria:

 The City cannot properly care for or store the Public Art.

 The Public Art no longer has aesthetic and/or historical/cultural value.

 The Public Art collection represents in large quantity a single artist, and the PAC finds that it is sufficient and desirable to retain only a representative selection.

 The Public Art is a duplicate (e.g., prints, sculptures, multiples) of lesser quality of works already in the collection.

 The Public Art is a copy or pastiche (artistic composition made from various sources) without significant historical, documentary, or aesthetic value.

 The Public Art is found to be fraudulent or not authentic.

 The Public Art’s condition requires restoration in gross excess of their aesthetic value or works in such a deteriorated state that restoration would prove either infeasible or misleading.

 The Public Art possesses demonstrated faults of design or workmanship.

 The Public Art causes excessive or unreasonable maintenance.

 The Public Art is damaged irreparably, or to an extent where repair is unreasonable or impractical.

 The Public Art represents a physical threat to public safety.

 Any sale from the Public Art Collection will go to the Public Art Committees 801 fund for future Public Art.

10.4.g
Packet Pg. 308 Attachment: PUBLIC ART POLICY (Revised 10-24-2018) (3675 : City Hall Gift Receiving Policy)

#454814 – Public Arts
Policy/City of Gilroy
Adopted Version 4/17/2000
Revised & Adopted by PAC 10/24/2018
10 REVIEW OF CITY’S PUBLIC ART:

At least once every ten years, the City’s Public Art collection should be evaluated by the PAC for the purposes of collection management and in order to assess the collection’s future. The City shall retain the right to deaccession any Public Art acquired by the City, regardless of the source of funding for the particular artwork, unless prohibited by contract.

FUNDS FOR PUBLIC ART:

In keeping with its concern for the quality of its environment that Public Art provides, the City may establish policies and ordinances regarding the funding of Public Art In support of the Cultural Arts Plan developed by the Gilroy Arts & Culture Commission in 1997, the City is encouraged to include an element of Public Art in all new parks and city facilities. In addition, the Arts and Culture Commission and the PAC may recommend a fundraising budget for the acquisition, implementation and maintenance of a Public Art project.

Eligible Public Art Locations:

Public art can be placed in all aspects of Gilroy’s public realm, community facilities and civic infrastructure, throughout the city.

a. Public Realm includes public spaces designed and built for the use of the general public.

These include spaces such as parks, playgrounds, sports fields, plazas, and trails.

b. Community and civic facilities are buildings that provide space for public activities and services. These include buildings such as community centers, youth/recreation centers, sports facilities, police stations, fire stations, general government buildings, Gilroy’s Cultural Art Center.

c. Civic infrastructure includes facilities that support the health, functioning and environment and economic well-being of the city. These include bridges, parking lots and transit facilities.

d. And in general, any other public use, service or public infrastructure that is visible to the public view.

10.4.g
Packet Pg. 309 Attachment: PUBLIC ART POLICY (Revised 10-24-2018) (3675 : City Hall Gift Receiving Policy)

Gilroy City CouncilFebruary 28, 2022

Gilroy City Council
February 28, 2022