Gilroy City Council
April 18, 2022

April 14, 2022 2:10 PM City Council Regular Meeting Agenda Page1 MAYOR Marie Blankley

COUNCIL MEMBERS
Rebeca Armendariz
Dion Bracco
Zach Hilton
Peter Leroe-Muñoz
Carol Marques
Fred Tovar

CITY COUNCIL

AGENDA

CITY OF GILROY

CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET
GILROY, CA 95020
REGULAR MEETING 6:00 P.M.

MONDAY, APRIL 18, 2022

CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING

Due to COVID-19, it is possible that the planned in-person meeting may have to change to a virtual meeting at any time and possibly on short notice. Please check the City of Gilroy website at http://gilroyca.iqm2.com/Citizens/default.aspx for any updates to meeting information.

COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker. Please limit your comments to 3 minutes.

The amount of time allowed per speaker may vary at the Mayor’s discretion depending on the number of speakers and length of the agenda.

Written comments on any agenda item may be emailed to the City Clerk’s Office at [email protected] or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1 p.m. on the day of a Council meeting will be distributed to the City Council prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351 Rosanna Street prior to the meeting. Any correspondence received will be incorporated into the meeting record. Items received after the 1 p.m. deadline will be provided to the City Council as soon as practicable. Written comments are also available on the City’s Public Records Portal at https://bit.ly/3G1vihU .

In compliance with the Americans with Disabilities Act, and Assembly Bill 361, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk a minimum of 72 hours prior to the meeting at (408) 846-0204.

If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing h eld at this meeting, or in written correspondence d elivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure.

A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a

City Council Regular Meeting Agenda
04/18/2022 Page2 significant exposure to litigation against the City.

Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available with the agenda packet on the City website at www.cityofgilroy.org subject to Staff’s ability to post the documents before the meeting.

KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE

Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, task forces, councils and other agencies of the City exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.

FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT

ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A

VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846-0204

The agenda for this regular meeting is as follows:

1. OPENING

1.1. Call to Order

1. Pledge of Allegiance

2. Invocation

3. City Clerk's Report on Posting the Agenda

4. Roll Call

1.2. Orders of the Day

1.3. Employee Introductions

2. CEREMONIAL ITEMS

2.1. Proclamations, Awards, and Presentations

3. PRESENTATIONS TO THE COUNCIL

3.1. Visit Gilroy / CWC Gilroy 2021 Annual Report

3.2. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT

ON THE AGENDA BUT WITHIN THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL
This portion of the meeting is reserved for persons desiring to address the Council on matters within the Gilroy City Council’s jurisdiction but not on the agenda.

Persons wishing to address the Council are requested to complete a Speaker’s Card located at the entrances and handed to the City Clerk. Speakers are limited to 1 to 3 minutes each, varying at the Mayor’s discretion depending on the number of speakers and length of the agenda. The law does not permit Council action or extended discussion of any item not on the agenda except under special circumstances. If Council action is requested, the Council may place the matter on a future agenda.

Written comments to address the Council on matters not on this agenda may be e - mailed to the City Clerk’s Office at [email protected] or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020.

Comments received by the City Clerk’s Office by 1:00pm on the day of a Council

City Council Regular Meeting Agenda
04/18/2022 Page3 meeting will be distributed to the City Council prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351 Rosanna Street, prior to the meeting. Any correspondence received will be incorporated into the meeting record. Items received after the 1:00pm deadline will be provided to the City Council as soon as practicable. Written material provided by public members under this section of the agenda will be limited to 10 pages in hard copy. An unlimited amount of material may be provided electronically.

City Council Regular Meeting Agenda
04/18/2022 Page4 4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco – Gilroy Sister Cities Association (alternate), Santa Clara Co.

Library JPA, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Regional Wastewater Authority Board, Street Naming Committee

Council Member Armendariz – ABAG (Alternate), CalTrain Policy Group, Gilroy Downtown Business Association Board (alternate), Gourmet Alley Ad Hoc Committee, Historic Heritage Committee, Santa Clara Co. Library JPA (altern ate), Santa Clara Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy Authori ty JPA Board (Alternate), Street Naming Committee, VTA Committee for Transit Accessibility (Alternate)

Council Member Marques - Gilroy Downtown Business Association Board, Gilroy Gardens Board of Directors, Gourmet Alley Ad Hoc Committee, Historic Heritag e Committee (Alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, South County Regional Waste water Authority (Alternate)

Council Member Hilton – Gilroy Economic Development Partnership, Silicon Valley Clean Energy Authority JPA Board, South County United for Health, Visit Gilroy California Welcome Center Board

Council Member Tovar – Economic Development Corporation Board, Gourmet Alley Ad Hoc Committee, Recycling and Waste Reduction Commission, Santa Clara Co.

Expressway Plan 2040 Policy Advisory Board, SCVWD Water Commission (alternate), South County Joint Recycled Water Advisory Committee, Sout h County Regional Wastewater Authority Board, Street Naming Committee, South County Youth Task Force Policy Team (alternate), VTA Committee for Transit Accessibility

Council Member Leroe-Muñoz - ABAG, CalTrain Policy Group (alternate), Cities Association of Santa Clara County Board of Directors, Economic Development Corporation Board, Gilroy Youth Task Force, SCVWD Water Commission, Silicon Valley Regional Interoperability Authority Board, South County Youth Task Force Policy Team, VTA Mobility Partnership, VTA South County City Group (alternate), VTA Policy Advisory Committee (alternate)

Mayor Blankley - Cities Association of Santa Clara Co. Board of Directors (alternate), Gilroy Economic Development Partnership, Gilroy Sister Cities Association, Gilroy Youth Task Force (alternate), Santa Clara Valley Habitat Agency Governing Board, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Joint Recycled Water Advisory Committee, South County Regional Wastewater Authority Board, VTA Board of Directors Alternate, VTA Mobility Partnership, VTA Policy Advisory Committee, VTA South County City Group

5. FUTURE COUNCIL INITIATED AGENDA ITEMS

6. CONSENT CALENDAR (ROLL CALL VOTE)
All matters listed under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of the City Council or a member of the public. Any person desiring to speak on any item on the consent calend ar should ask to have that item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears.

6.1. Action Minutes for April 4, 2022 City Council Regular Meeting

City Council Regular Meeting Agenda
04/18/2022 Page5 6.2. Approval of the Gilroy Tourism Business Improvement District (GTBID) Annual Report as Submitted by Visit Gilroy/California Welcome Center Gilroy for the Period of January 1, 2021 Through December 31, 2021.

6.3. Approval of the First Amendment to the Agreement for Countywide Household Hazardous Waste Collection Program

6.4. First Amendment to the Solid Waste Disposal Contract for Approval of Alternate Disposal Facilities

6.5. Second Amendment to the Agreement with City of Morgan Hill for Providing Staff Services for Stormwater Pollution Prevention Compliance and Environmental Services

6.6. Claim of Petra Reynoso (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim)

6.7. Claim of Jose Manuel Reynoso, Sr. (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim)

7. BIDS AND PROPOSALS

7.1. Award a Contract to Norcal Contractor for the Eigleberry and Seventh Parking Lot Project (No. 20-PW-444), and approve a project expenditure of $2,310,000

1. Staff Report: Gary Heap, City Engineer/Transportation Engineer

2. Public Comment

3. Possible Action:
a) Adopt a resolution of the City Council of the City of Gilroy amending the Fiscal Year 2021-22 budget to appropriate an additional $810,000 to this project:
$300,000 from the fund balance in the Facilities Internal Service Fund (Fund 651); $260,000 from the fund balance in the Capital Projects Fund (Fund 400); and $250,000 in a pavement program reimbursement t ransfer from the Gas Tax Fund (Fund 213) into the Capital Projects Fund (Fund 400), and appropriate its use for the project.
b) Award a Contract to Norcal Contractor in the amount of $1,825,485.38 with an additional project contingency of $182,549 (10%), f or a total construction cost of $2,008,034 and $301,966 for costs associated with design, permitting and advertising for a total project cost of $2,310,000 for the Eigleberry and Seventh Parking Lot Project, No. 20-PW-444, and authorize the City Administrator to execute the contract and associated documents.

7.2. Award a Contract to McKim Corporation for the FY22 Citywide Pavement Maintenance Project (No. 22-PW-273), and approve a project expenditure of $4,518,787

City Council Regular Meeting Agenda
04/18/2022 Page6 1. Staff Report: Gary Heap, City Engineer/Transportation Engineer

2. Public Comment

3. Possible Action:
a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for the City of Gilroy for Fiscal Year 2021-2022 and appropriating proposed expenditure amendments; and
b) Award a Contract to McKim Corporation in the amount of $4,107,988.27 with an additional project contingency of $410,798 (10%), for a total construction cost of $4,518,787 for the FY22 Citywide Pavement Maintenance Project, No. 22-PW-273, and authorize the City Administrator to execute the contract and associated documents.

7.3. Approval of a First Amendment to the Agreement with Honeywell Building Solutions in the Amount of $329,725 to extend the HVAC Maintenance Services Agreement for an additional two years.

1. Staff Report: Walter Dunckel, Facilities Superintendent

2. Public Comment

3. Possible Action:

Approve a First Amendment to the Agreement with Honeywell Building Sol utions in the Amount of $329,725 ($140,548 in year four, $146,169 in year five), with a contingency of 15% ($43,008), and authorize the City Administrator to execute the amendment to the agreement and all related documents.

8. PUBLIC HEARINGS

8.1. Tentative Map Application to Subdivide Approximately 2.88 Acres for Build-out of the Palomino Phase II Neighborhood of the Glen Loma Ranch Specific Plan

1. Staff Report: Melissa Durkin, Planner II

2. Disclosure of Ex-Parte Communications

3. Open Public Hearing

4. Close Public Hearing

5. Possible Action:

Adopt a resolution approving Tentative Map TM 21-05, subject to certain findings and conditions.

9. UNFINISHED BUSINESS

10. INTRODUCTION OF NEW BUSINESS

10.1. Recreational Vehicle Tow Policy

1. Staff Report: Juan Rocha, Police Captain

2. Public Comment

3. Possible Action:

Receive Report

City Council Regular Meeting Agenda
04/18/2022 Page7 11. CITY ADMINISTRATOR'S REPORTS

11.1. Grant Application for the 10th Street Bridge

12. CITY ATTORNEY'S REPORTS

13. CLOSED SESSION

13.1. CONFERENCE WITH LABOR NEGOTIATORS - COLLECTIVE
BARGAINING UNITS Pursuant to GC Section 54957.6 and GCC Section 17A.11 (4)
Collective Bargaining Units: AFSCME Local 101 (General & Supervisory Units) Representing Employees Affiliated with AFSCME, Local 101; Local 2805, IAFF Fire Unit Representing Gilroy Firefighters; Gilroy Management Association Representing Mid-Management Employees; Unrepresented Exempt Employees (Confidential, Department Heads & Council-Appointed); Unrepresented Confidential Non-Exempt Employees; Part-Time/Temporary/Seasonal Employees (Hourly & Exempt)
City Negotiators: Jimmy Forbis, City Administrator; LeeAnn McPhillips, Administrative Services & Human Resources Director/Risk Manager Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandums of Understanding: City of Gilroy and Gilroy Fire Fighters Local 2805, City of Gilroy and AFSCME, Local 101 General & Supervisory Units; City of Gilroy and Gilroy Management Association (GMA)

1. Receive Public Comment on Closed Session Item.

14. ADJOURN TO OPEN SESSION
Report of any action taken in Closed Session and vote or abstention of each Councilmember if required by Government Code Section 54957.1 and GCC Section 17A.13 (a); Public Report of the vote to continue in closed session if required under GCC Section 17A.11 (e)

15. ADJOURNMENT

FUTURE MEETING DATES
APRIL 2022
25* Special Joint Meeting with Gilroy Unified School District - 6:00 p.m.

MAY 2022
2* Regular Meeting - 6:00 p.m.
16* Regular Meeting - 6:00 p.m.

JUNE 2022
6* Regular Meeting - 6:00 p.m.
20* Regular Meeting - 6:00 p.m.

JULY 2022
5* Regular Meeting - 6:00 p.m.

*meeting is webstreamed and televised

City Council Regular Meeting Agenda
04/18/2022 Page8

City of Gilroy

STAFF REPORT

Agenda Item Title: Action Minutes for April 4, 2022 City Council Regular Meeting Meeting Date: April 18, 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
Approve the minutes.

Attachments:

1. Draft Action Minutes

6.1 Packet Pg. 9

City Council Regular Meeting Minutes
April 4, 2022

City Council Regular Meeting Minutes
04/4/2022
City of Gilroy
City Council Meeting Minutes
April 4, 2022

1. Call to Order
The meeting was called to order at 6:00 PM by Mayor Marie Blankley Attendee Name Title Status
Marie Blankley Mayor Present
Rebeca Armendáriz Council Member Present
Dion Bracco Council Member Present
Zach Hilton Council Member Present
Peter Leroe-Muñoz Vice Mayor Present
Carol Marques Council Member Present
Fred Tovar Council Member Present

1.2. City Clerk's Report on Posting the Agenda
City Clerk Pham declared the posting of the agenda.

2. CLOSED SESSION
Mayor Blankley opened Public Comment.

There being no further speakers, Mayor Blankley closed Public Comment.

The Council voted 6-0-0-1 to adjourn to closed session with Council Member Armendáriz recusing herself from the subject item.

Mayor Blankley adjourned Regular Meeting to Closed Session at 6:02 p.m.

2.1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.

Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) and Paragraph (3) of Subdivision (e) of Government Code Section 54956.9 and Gilroy City Code Section 17A.11 (3) (b) (Two Cases as Defendant based upon claims filed by Jesse Sanchez, Jr. and Daniel Zuniga).

No reportable action.

3. ADJOURN TO OPEN SESSION
The meeting reconvened at 7:06 pm by Mayor Blankley.

Mayor Blankley reported out of Closed Session as shown above.

4. OPENING OF OPEN SESSION

4.1. Call to Order

1. Pledge of Allegiance
Vice Mayor Leroe-Munoz led the Pledge of Allegiance.

2. Invocation

6.1.a
Packet Pg. 10 Attachment: Draft Action Minutes (3758 : 04/04/2022 City Council Action Minutes)

City Council Regular Meeting Minutes
April 4, 2022

City Council Regular Meeting Minutes
04/4/2022
Pastor Trevor Van Laar of Gilroy Presbyterian Church led the Invocation.

4.2. Orders of the Day
There were none.

4.3. Employee Introductions
Police Chief Espinoza introduced Dispatcher Christina Corral.

5. CEREMONIAL ITEMS

5.1. Proclamations, Awards, and Presentations

5.1.1. Proclamation in Support of Ukraine
Mayor Blankley read aloud proclamation in Support of Ukraine.

6. PRESENTATIONS TO THE COUNCIL

1. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE

AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY

COUNCIL
Mayor Blankley opened the public comment period.

The following individuals spoke on items not on the agenda:

Alan Espinoza inquired on who to speak on a personal issue with his property.

There being no further public comment, Mayor Blankley closed public comment.

7. REPORTS OF COUNCIL MEMBERS
Council Member Bracco had no report.

Council Member Armendáriz had no report.

Council Member Marques had no report.

Council Member Hilton reported on Visit Gilroy California Welcome Center Board and Silicon Valley Clean Energy Authority JPA Board.

Council Member Tovar thoughts and prayers for the victims and families affected by the Sacramento shooting and reported on the Gourmet Alley Ad Hoc Committee.

Vice Mayor Leroe-Muñoz reported he attended an event at Santa Clara University this past afternoon.

Mayor Blankley stated that she will be providing State of the City soon.

8. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Marques requested for Council to comment on the County of Santa Clara Department of Planning and Development draft Environmental Impact Report on the Sargent Quarry Project by May 2, 2022 City Council meeting. The

6.1.a
Packet Pg. 11 Attachment: Draft Action Minutes (3758 : 04/04/2022 City Council Action Minutes)

City Council Regular Meeting Minutes
April 4, 2022

City Council Regular Meeting Minutes
04/4/2022
item received majority support.

Council Member Bracco requested the City Administrator to provide an update with Cohancey Avenue and Monterey Road.

9. CONSENT CALENDAR (ROLL CALL VOTE)
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar

9.1. Action Minutes for March 21, 2022 City Council Regular Meeting A motion was made to approve the minutes.

9.2. Adopt a Resolution Establishing the City's Pension Funding Policy A motion was made to adopt the Resolution.

Enactment No.: Resolution No. 2022-16

9.3. Gilroy Senate Bill 9 Objective Design Standards Policy Update

Enactment No.: Resolution No. 2022-17

9.4. Adoption of An Ordinance of the City Council of the City of Gilroy Adding Gilroy City Code Sections 10A.15 Through 10A.18 to Chapter 10A to Create and Enforce a Host Liability for Illegal Fireworks and Illegal Use of Legal Fireworks
A motion was made to adopt the Ordinance.

Enactment No.: Ordinance No. 2022-03

10. BIDS AND PROPOSALS
There were none listed.

11. PUBLIC HEARINGS

11.1. Public Hearing to Establish a List of Properties Subject to the Weed Abatement Program and Adoption of a Resolution Authorizing the Fire Chief to Abate the Nuisance Arising Out of Weeds Growing and Refuse Accumulating Upon Property in the City of Gilroy Pursuant to Section 12.51 of the Gilroy Code
Mayor Blankley asked Council Members received any ex-parte communications.

There were no ex-parte communications reported.

Fire Chief Wyatt and Deputy Fire Marshal Crick provided staff presentation and responded to Council Member questions.

Mayor Blankley opened public hearing at 7:26 p.m.

There being no speakers, Mayor Blankley closed public hearing at 7:26 p.m.

6.1.a
Packet Pg. 12 Attachment: Draft Action Minutes (3758 : 04/04/2022 City Council Action Minutes)

City Council Regular Meeting Minutes
April 4, 2022

City Council Regular Meeting Minutes
04/4/2022
Possible Action:

Adopt a Resolution of the City Council of the City of Gilroy authorizing the Fire Chief to abate the nuisance arising out of weeds growing and refuse accumulating upon property in the City of Gilroy, pursuant to Section 12.51 of the Gilroy City Code.

RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Zach Hilton, Council Member
AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar

Enactment No.: Resolution No. 2022-18

12. UNFINISHED BUSINESS

12.1. Appointments to City Boards, Commissions and Committees With Open Vacancies
Mayor Blankley opened Public Comment.

There being no comments, Mayor Blankley closed public comment.

Possible Action:

Appoint members to Boards, Commissions and Committees with open vacancies.

RESULT: APPOINT SERGIO PATTERSON AS PARKS AND

RECREATION COMMISSIONER FOR TERM EXPIRING
DECEMBER 31, 2025
MOVER: Rebeca Armendáriz, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendáriz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar

13. INTRODUCTION OF NEW BUSINESS

13.1. Proposed Gilroy Police Department Policy for the Use of Military Equipment in Accordance with Assembly Bill 481
Captain Powell gave staff presentation and responded to Coun cil Member questions.

Council Member Bracco requested the report to include purchase date of the military equipment.

Mayor Blankley opened Public Comment.

Ron Kirkish is in full support of the Police Department using military equipment.

There being no further comments, Mayor Blankley closed public comment.

6.1.a
Packet Pg. 13 Attachment: Draft Action Minutes (3758 : 04/04/2022 City Council Action Minutes)

City Council Regular Meeting Minutes
April 4, 2022

City Council Regular Meeting Minutes
04/4/2022
Possible Action:

Council review and provide feedback concerning the Military Equipment Use Policy pursuant to Assembly Bill 481.

14. CITY ADMINISTRATOR'S REPORTS

14.1. Pickleball Update
City Administrator Forbis provided a staff presentation on this item.

14.2. 2021 Tree City
City Administrator Forbis provided a staff presentation on this item.

14.3. 2022 Valley Water Rate Adjustment
City Administrator Forbis provided a staff presentation on this item.

15. CITY ATTORNEY'S REPORTS
None provided.

16. CLOSED SESSION
Mayor Blankley opened Public Comment.

There being no speakers, Mayor Blankley closed Public Comment.

Mayor Blankley adjourned Regular Meeting to Closed Session at 7:56 p.m.

The City Council convened in Closed Session at 8:05 p.m.

The Council unanimously voted to stay in closed session.

16.1. CONFERENCE WITH LABOR NEGOTIATORS - COLLECTIVE
BARGAINING UNITS Pursuant to GC Section 54957.6 and GCC Section 17A.11 (4)
Collective Bargaining Units: AFSCME Local 101 (General & Supervisory Units) Representing Employees Affiliated with AFSCME, Local 101; Local 2805, IAFF Fire Unit Representing Gilroy Firefighters; Gilroy Management Association Representing Mid-Management Employees; Unrepresented Exempt Employees (Confidential, Department Heads & Council- Appointed); Unrepresented Confidential Non-Exempt Employees; Part- Time/Temporary/Seasonal Employees (Hourly & Exempt)
City Negotiators: Jimmy Forbis, City Administrator; LeeAnn McPhillips, Administrative Services & Human Resources Director/Risk Manager Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandums of Understanding: City of Gilroy and Gilroy Fire Fighters Local 2805, City of Gilroy and AFSCME, Local 101 General & Supervisory Units; City of Gilroy and Gilroy Management Association (GMA)
No reportable action.

17. ADJOURN TO OPEN SESSION
Mayor Blankley reported out of Closed Session as shown above.

6.1.a
Packet Pg. 14 Attachment: Draft Action Minutes (3758 : 04/04/2022 City Council Action Minutes)

City Council Regular Meeting Minutes
April 4, 2022

City Council Regular Meeting Minutes
04/4/2022

18. ADJOURNMENT
The meeting was adjourned at 8:30 P.M. by Mayor Blankley.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Gilroy.

/s/ Thai Pham, CMC, CPMC
City Clerk

6.1.a
Packet Pg. 15 Attachment: Draft Action Minutes (3758 : 04/04/2022 City Council Action Minutes)

City of Gilroy

STAFF REPORT

Agenda Item Title: Approval of the Gilroy Tourism Business Improvement District (GTBID) Annual Report as Submitted by Visit Gilroy/California Welcome Center Gilroy for the Period of January 1, 2021 Through December 31, 2021.

Meeting Date: April 18, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Jimmy Forbis

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
Approve the Gilroy Tourism Business Improvement District (GTBID) annual report as submitted by Visit Gilroy/California Welcome Center Gilroy for the period of January 1, 2021 through December 31, 2021.

BACKGROUND

Visit Gilroy/California Welcome Center Gilroy Board of Directors representing the Gilroy Tourism Business Improvement District (GTBID) has submitted the attached report pursuant to Section 36650 of the Street and Highway Code. Effective in 2013, GTBID provides a steady and dedicated funding source to the GWC through an assessment levied on lodging businesses within the GTBID boundaries. The assessment revenue provides dedicated sales within the GTBID's boundaries.

6.2 Packet Pg. 16

FISCAL IMPACT

This item has no fiscal impact, it is simply a report. Regardless, since the inception of the TBID in 2013, the TBID has contributed in part to the generation of more than $8 million in transient occupancy tax to the City of Gilroy.

Attachments:

1. Visit Gilroy GTBID 2020 Annual Report - 4-18-22

2. GTBID Report - 4-18-22 Assessed Lodging Businesses

3. TBID P&L Dec 2021 - 4-18-22

6.2 Packet Pg. 17

To: Gilroy City Council
From: Gilroy Visitors Bureau, dba Visit Gilroy Board of Directors representing Gilroy Tourism Business Improvement District (GTBID) Date: April 18, 2022
Subject: Gilroy Tourism Business Improvement District (GTBID) Report for January 1, 2021 – December 31, 2021
Pursuant to Section 36650 of the Street and Highway Code, the Gilroy Tourism Business Improvement District (GTBID) is submitting the following report to the Gilroy City Council for approval and to be filed with the City Clerk.

The Management District Plan identifies the Gilroy Visitors Bureau, dba Visit Gilroy Board of Directors to serve as the Owner’s Association for GTBID. The Owner’s Association serves as a private, nonprofit entity that administers and implements the improvements, services, and activities of GTBID as specified in the Management District Plan.

Items 1 – 7 as identified in the Management District Plan Reporting Requirements:

1. Proposed changes in the
boundaries, benefit zones or
classification of business of GTBID
None.

2. Services, improvements, and
activities provided for the period
January 1, 2021 – December 31,
2021
Public relations, print ads, google
adwords, social media campaigns,
online marketing, trade shows, website
support, research and google analytics

3. Cost of providing the services for
this reporting period
Advertising and Marketing - $154,357
Administration - $45,589
City Collection Fee - $5,915
Reserve/Renewal - $1,250
Total Amount - $207,111

4. Any proposed changes to basis and
method of levying the assessments
None. The GTBID annual assessment
rate is 2% of Taxable Rates, as stated
on the City’s Quarterly Transient
Occupancy Tax Reporting Form.

6.2.a
Packet Pg. 18 Attachment: Visit Gilroy GTBID 2020 Annual Report - 4-18-22 (3747 : TBID Annual Report)

5. Method and basis of levying
assessments collected for the
reporting period
The city receives the assessment
revenue along with the quarterly TOT
collections from each business located
in the boundaries of the GTBID. The city
then forwards the assessments to
Gilroy Visitors Bureau, dba Visit Gilroy
to manage and implement the GTBID
programs.

6. Amount of any surplus revenues to
be carried over from reporting
period
$88,640

7. Amount of any contributions to be
made from sources other than the
assessments levied
None.

Additional information provided in this report: ** Reminder - Governor lifted travel restrictions – 6/15/21
2021 Strategic Marketing Plan Results
***2021 goals = 2019 actual less 25% per Visit California recommendations o Goal: Visit Gilroy Website Pageviews – 122,239; Actual – 249,584 (percentage to goal – 204%)
o Goal: Visit Gilroy Unique Website Users – 64, 304; Actual – 137,930 (percentage to goal – 214%)
o Goal: Visit Gilroy Website Hotel Pageviews – 1,737; Actual – 15,792 (percentage to goal – 909%)
o Goal: Visit Gilroy Website Collateral Download Pages – 1,749; Actual – 3,577 (percentage to goal – 205%)
o Goal: Continue to collaborate and partner with state and regional organizations: 25 submissions to Visit California & 16 submissions to CCTC.

GTBID Business Assessees Listing
Current list of lodging businesses within the district attached.

6.2.a
Packet Pg. 19 Attachment: Visit Gilroy GTBID 2020 Annual Report - 4-18-22 (3747 : TBID Annual Report)

Gilroy Tourism Business Improvement District (GTBID)
Business Assessees Listing

Hotel Address
Days Inn 8292 Murray Avenue
Gilroy, CA 95020
Best Western Plus/Forest Park Inn 375 Leavesley Road
Gilroy, CA 95020
Budget Motels/Whiterock 8897 Monterey Road
Gilroy, CA 95020
Garlic Farm Inn 5920 Travel Park Circle
Gilroy, CA 95020
Gilroy Inn 611 Leavesley Road
Gilroy, CA 95020
Hilton Garden Inn 6070 Monterey Road
Gilroy, CA 95020
Kings Rest Motel 8175 Monterey Road
Gilroy, CA 95020
Motel 6 6110 Monterey Road
Gilroy, CA 95020
Travel Inn 5530 Monterey Road
Gilroy, CA 95020
Oaks Motel 8065 Monterey Road
Gilroy, CA 95020
Hampton Inn & Suites 5975 Travel Park Circle
Gilroy, CA 95020
Quality Inn & Suites 8430 Murray Avenue
Gilroy, CA 95020
Econolodge 360 Leavesley Road
Gilroy, CA 95020
Super 8 8435 San Ysidro Avenue
Gilroy, CA 95020

6.2.b
Packet Pg. 20 Attachment: GTBID Report - 4-18-22 Assessed Lodging Businesses (3747 : TBID Annual Report)

3:39 PM 01/12/22 Accrual Basis Gilroy Visitors Bureau dba Visit Gilroy P & L Budget Performance - TBID December 2021AnnualDec 21 Budget % of Budget Jan - Dec 21 Budget % of Budget BudgetOrdinary Income/ExpenseIncome80000 ꞏ TBID Income68,308.74 57,500.00 118.8% 295,751.00 230,000.00 128.59% 230,000.00Total Income68,308.74 57,500.00 118.8% 295,751.00 230,000.00 128.59% 230,000.00Gross Profit68,308.74 57,500.00 118.8% 295,751.00 230,000.00 128.59% 230,000.00Expense97010 ꞏ TBID Personnel/Administration97011 ꞏ TBID Executive Director3,379.73 2,805.00 120.49% 39,538.64 33,660.00 117.47% 33,660.0097014 ꞏ P/R Taxes & Simple IRA258.55 308.34 83.85% 2,838.84 3,700.00 76.73% 3,700.0097015 ꞏ Workers Compensation Ins29.87 33.34 89.59% 360.38 400.00 90.1% 400.0097019 ꞏ Auto/Mileage Expense17.92 112.50 15.93% 17.92 1,350.00 1.33% 1,350.0097016 ꞏ Accounting/Legal Expenses85.00 183.34 46.36% 2,125.00 2,200.00 96.59% 2,200.0097017 ꞏ Office Supplies64.20 100.00 64.2% 654.82 1,200.00 54.57% 1,200.0097018 ꞏ Miscellaneous Expenses5.31 20.84 25.48% 53.04 250.00 21.22% 250.00Total 97010 ꞏ TBID Personnel/Administration3,840.58 3,563.36 107.78% 45,588.64 42,760.00 106.62% 42,760.0097020 ꞏ TBID Collection Costs/City of G1,366.17 1,250.00 109.29% 5,915.00 5,000.00 118.3% 5,000.0097030 ꞏ TBID Reserve625.00 1,250.00 50.0% 1,250.00 5,000.00 25.0% 5,000.0097040 ꞏ TBID Advertising/Marketing97056 ꞏ Tourism Coordinator1,900.00 2,166.66 87.69% 7,687.50 26,000.00 29.57% 26,000.0097041 ꞏ Public Relations1,276.87 1,000.00 127.69% 17,655.07 12,000.00 147.13% 12,000.0097043 ꞏ Social Media/SEO Mgmt/Website3,402.72 3,500.00 97.22% 40,167.32 42,000.00 95.64% 42,000.0097044 ꞏ Collateral0.00 333.34 0.0% 1,344.40 4,000.00 33.61% 4,000.0097045 ꞏ Opportunistic0.00 0.00 0.0% 0.00 0.00 0.0%97046 ꞏ Advertising6,410.91 3,815.00 168.05% 62,386.03 45,780.00 136.27% 45,780.0097047 ꞏ Research & Measurement0.00 416.66 0.0% 1,600.00 5,000.00 32.0% 5,000.0097048 ꞏ Marketing Services1,787.62 750.00 238.35% 10,619.78 9,000.00 118.0% 9,000.0097050 ꞏ Postage-VG Fullfillment Request18.13 333.34 5.44% 1,347.31 4,000.00 33.68% 4,000.0097052 ꞏ Conferences & Travel0.00 200.00 0.0% 1,955.94 2,400.00 81.5% 2,400.0097054 ꞏ Website Depreciation0.00 566.66 0.0% 3,203.62 6,800.00 47.11% 6,800.0097057 ꞏ Payroll Taxes145.36 238.34 60.99% 709.61 2,860.00 24.81% 2,860.0097058 ꞏ Health Insurance0.00 200.00 0.0% 0.00 2,400.00 0.0% 2,400.0097059 ꞏ Sales & Event Marketing0.00 1,250.00 0.0% 5,680.58 15,000.00 37.87% 15,000.00Total 97040 ꞏ TBID Advertising/Marketing14,941.61 14,770.00 101.16% 154,357.16 177,240.00 87.09% 177,240.00Total Expense20,773.36 20,833.36 99.71% 207,110.80 230,000.00 90.05% 230,000.00Net Ordinary Income47,535.38 36,666.64 129.64% 88,640.20 0.00 100.0% 0.00Net Income 47,535.38 36,666.64 129.64% 88,640.20 0.00 100.0% 0.00 Page 1 of 1 For management purposes only.6.2.cPacket Pg. 21Attachment: TBID P&L Dec 2021 - 4-18-22 (3747 : TBID Annual Report)

City of Gilroy

STAFF REPORT

Agenda Item Title: Approval of the First Amendment to the Agreement for Countywide Household Hazardous Waste Collection Program
Meeting Date: April 18, 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 approve the First Amendment to the Agreement for Countywide Household Hazardous Waste Collection Program and authorize the City Administrator to execute the amendment.

BACKGROUND
At the May 3, 2021 City Council Regular Meeting, the Council authorized the City Administrator to execute the most recent three-year Countywide HHW Collection Program Agreement (attached). Because this agreement includes the HHW collection schedule for the year and an annual augmentation amount elected by the City, it requires an annual amendment. The sole purpose of this item is to approve the City’s execution of the First Amendment to the Countywide HHW Collection Program Agreement with the FY 2022-23 schedule and updated augmentation amount.

6.3 Packet Pg. 22

For over 20 years, Santa Clara County has collected a fee to offset each jurisdiction’s solid waste management and HHW management expenses. The Countywide AB 939 Fee is collected at waste transfer and disposal facilities by facility operators and has two components. The first component is a Program Fee of $1.50 per ton which is charged to assist in funding integrated waste management activities. The second component is the HHW Fee of $2.60 per ton which is held by the County and used to directly offset HHW Collection Program costs associated with the use of the program by each jurisdiction’s residents. The HHW Collection Program provides City residents with the opportunity to participate in several HHW collection events each month, held at a permanent collection center in San Martin.

ANALYSIS
The Countywide HHW Collection Program Agreement includes a base assumption that 4% of each jurisdiction’s households will participate in the program annually. Ty pically, Gilroy resident participation in the HHW Collection Program has been more than 4%, therefore an augmentation to the 4% base assumption must be specified. For 2022 -23, an augmentation of $31,542 is recommended by the County to ensure that all Gilroy residents desiring to participate in the program will be allowed to do so.

ALTERNATIVES
The Council could decide to not approve the Amendment and direct staff to further evaluate the provision of these services and the recommended augmentation amount.

This is not recommended.

FISCAL IMPACT/FUNDING SOURCE
$31,542 from Discretionary Fund proceeds, managed by the County.

The Discretionary Fund is the balance of AB 939 HHW Fees collected after covering the cost of providing HHW Collection Program services to 4% of Gilroy households. The augmentation is the amount the City agrees to pay to the County for participation beyond 4%, paid from the Discretionary Fund held by the County. For FY 2022-23, the County recommended augmentation amount for Gilroy is $31,542 to cover the cost of anticipated program participation beyond the 4%. Under the Countywide HHW Collection Program Agreement, the County may use the Discretionary Fund to offset the cost of the HHW Collection Program, and any HHW Fee revenues remaining in the City’s credit with the County at the end of the fiscal year will be refunded to the City for use in promoting the program or to support HHW management costs.

Gilroy Discretionary Funds are typically far greater than the recommended augmentation amount, therefore the City receives a refund each year for HHW Fees. If participation in the HHW Collection Program exceeds expectations, staff will return to the Council to request an additional augmentation and appropriation from the credit the City will have with the County.

6.3 Packet Pg. 23

Attachments:

1. First Amendment to Agreement for Countywide HHW Collection

2. HHW Agreement (2021)

6.3 Packet Pg. 24

FIRST AMENDMENT TO THE AGREEMENT FOR COUNTYWIDE HOUSEHOLD

HAZARDOUS WASTE COLLECTION PROGRAM
The Agreement for Countywide Household Hazardous Waste Collection Program (AGREEMENT) by and between the City of Gilroy (CITY) and the County of Santa Clara (COUNTY) previously entered into on June 17, 2021, is hereby amended as set forth below.

The COUNTY and the CITY agree that:

1.Section 16. ADDITIONAL SERVICES UNDER THIS AGREEMENT is amended in full to read:

16.ADDITIONAL SERVICES UNDER THIS AGREEMENT
CITY must augment funding provided under this Agreement to cover the cost of a minimum participation level of 4% of CITY households; CITY may also elect to augment funding to provide additional services to increase CITY participation beyond the 4% minimum participation level.

Additional services shall be made available upon written agreement between the CITY’s authorized representative and the County Executive Officer or designee. Additional services may include, but are not limited to, additional appointments (charged at the Variable Cost Per Car rate), door-to-door HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection.

CITY agrees to augment up to an additional $23,027 to the Countywide HHW Program during Fiscal Year 2022 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.

CITY agrees to augment up to an additional $_________ to the Countywide HHW Program during Fiscal Year 2023 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C-1, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate.

Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.
31,542

6.3.a
Packet Pg. 25 Attachment: First Amendment to Agreement for Countywide HHW Collection (3725 : Household Hazardous Waste Augmentation Amendment

At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement.

2.Attachment C-1 “HHW Schedule For Collection Events for Fiscal Year 2022/2023” attached hereto and incorporated herein by this reference is hereby added to the AGREEMENT.

Except as provided herein, all terms and conditions of the AGREEMENT shall remain in full force and effect.

IN WITNESS WHEREOF, COUNTY and CITY, through their duly authorized representatives, have entered into this First Amendment to the AGREEMENT on the last date shown below:

COUNTY OF SANTA CLARA CITY OF GILROY
Signature: Signature:

Jeffery V. Smith
County Executive
Date:

APPROVED AS TO FORM AND LEGALITY
Willie Nguyen
Deputy County Counsel
Date:

Jimmy Forbis
City Administrator
Date: _______________________

6.3.a
Packet Pg. 26 Attachment: First Amendment to Agreement for Countywide HHW Collection (3725 : Household Hazardous Waste Augmentation Amendment

ATTACHMENT C-1: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2022-2023*
2022/Month Day Date Location Type of Event County Holidays/ Notes July Fri 1 San Jose Permanent
Saturday 2 No Event No Event 4th OF JULY WEEK
Wed,Thurs,Fri,Sat 6,7,8,9 San Jose Permanent
Fri,Sat 8,9 San Martin Permanent
Thurs,Fri 14,15 San Jose Permanent
Saturday 16 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 20,21,22,23 San Jose Permanent
Thurs,Fri,Sat 28,29,30 San Jose Permanent
August Wed,Thurs,Fri,Sat 3,4,5,6 San Jose Permanent
Fri,Sat 5,6 San Martin Permanent
Thurs,Fri 11,12 San Jose Permanent
Saturday 13 Mountain View Temporary TBD
Wed,Thurs,Fri,Sat 17,18,19,20 San Jose Permanent
Thurs,Fri,Sat 25,26,27 San Jose Permanent
Wed 31 San Jose Permanent
September Thurs,Fri 1,2 San Jose Permanent
Saturday 3 No Event No Event LABOR DAY WEEKEND
Thurs,Fri,Sat 8,9,10 San Jose Permanent
Fri,Sat 9,10 San Martin Permanent
Wed,Thurs,Fri 14,15,16 San Jose Permanent
Saturday 17 Santa Clara Temporary TBD
Thurs,Fri,Sat 22,23,24 San Jose Permanent
Thurs,Fri 29,30 San Jose Permanent
October Sat 1 San Jose Permanent
Wed,Thurs,Fri,Sat 5,6,7,8 San Jose Permanent
Fri,Sat 7,8 San Martin Permanent
Thurs,Fri 13,14 San Jose Permanent
Saturday 15 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 19,20,21,22 San Jose Permanent
Thurs,Fri,Sat 27,28,29 San Jose Permanent
November Wed,Thurs,Fri,Sat 2,3,4,5 San Jose Permanent
Fri, Sat 4,5 San Martin Permanent
Wed, Thurs 9,10 San Jose Permanent
Fri 11 No Event No Event VETERANS DAY
Saturday 12 San Jose Permanent
Wed,Thurs,Fri,Sat 16,17,18,19 San Jose Permanent
Wednesday 23 San Jose Permanent
Thurs,Fri,Sat 24,25,26 No Event No Event THANKSGIVING
Wed 30 San Jose Permanent
December Thurs,Fri,Sat 1,2,3,San Jose Permanent
Fri, Sat 2,3 San Martin Permanent
Wed,Thurs,Fri,Sat 7,8,9,10 San Jose Permanent
Thurs,Fri,Sat 15,16,17 San Jose Permanent
Wed,Thurs 21,22 San Jose Permanent
Fri,Sat 23,24 No Event No Event CHRISTMAS
Wed,Thurs 28,29 San Jose Permanent
Fri,Sat 30,31 No Event No Event NEW YEAR'S DAY
*SUBJECT TO CHANGE
HHW SCHEDULE FOR FISCAL YEAR 2022/2023*

6.3.a
Packet Pg. 27 Attachment: First Amendment to Agreement for Countywide HHW Collection (3725 : Household Hazardous Waste Augmentation Amendment

ATTACHMENT C-1: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2022-2023* (Continued) 2023/Month Day Date Location Type of Event County Holidays/ Notes January Thurs,Fri,Sat 5,6,7 San Jose Permanent
Fri, Sat 6,7 San Martin Permanent
Wed,Thurs,Fri 11,12,13 San Jose Permanent
Saturday 14 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 18,19,20,21 San Jose Permanent
Thurs,Fri 26,27 San Jose Permanent
Saturday 28 Santa Clara Temporary TBD
February Wed,Thurs,Fri,Sat 1,2,3,4 San Jose Permanent
Fri, Sat 3,4 San Martin Permanent
Thurs,Fri,Sat 9,10,11 San Jose Permanent
Wed,Thurs,Fri,Sat 15,16,17,18 San Jose Permanent
Thurs,Fri,Sat 23,24,25 San Jose Permanent
March Wed,Thurs,Fri,Sat 1,2,3,4 San Jose Permanent
Fri, Sat 3,4 San Martin Permanent
Thurs,Fri,Sat 9,10,11 San Jose Permanent
Wed,Thurs,Fri,Sat 15,16,17,18 San Jose Permanent
Thurs,Fri,Sat 23,24,25 San Jose Permanent
Wed,Thurs,Fri 29,30,31 San Jose Permanent
April Sat 1 San Jose Permanent
Wed,Thurs,Fri,Sat 5,6,7,8 San Jose Permanent
Fri, Sat 7,8 San Martin Permanent
Thurs,Fri 13,14 San Jose Permanent
Saturday 15 Sunnyvale Temporary TBD
Wed,Thurs,Fri 19,20,21 San Jose Permanent
Saturday 22 Los Altos Temporary TBD
Thurs,Fri 27,28 San Jose Permanent
Saturday 29 Santa Clara Temporary TBD
May Wed,Thurs,Fri,Sat 3,4,5,6 San Jose Permanent
Fri, Sat 5,6 San Martin Permanent
Thurs,Fri,Sat 11,12,13 San Jose Permanent
Wed,Thurs,Fri,Sat 17,18,19,20 San Jose Permanent
Wed,Thurs,Fri 24,25,26 San Jose Permanent
Saturday 27 No Event No Event MEMORIAL DAY WEEKEND
June Thurs,Fri,Sat 1,2,3 San Jose Permanent
Fri, Sat 2,3 San Martin Permanent
Thurs,Fri 8,9 San Jose Permanent
Saturday 10 Milpitas Temporary TBD
Wed,Thurs,Fri,Sat 14,15,16,17 San Jose Permanent
Thurs,Fri,Sat 22,23,24 San Jose Permanent
Wed,Thurs,Fri 28,29,30 San Jose Permanent
*SUBJECT TO CHANGE
HHW SCHEDULE FOR FISCAL YEAR 2022/2023-continued*

6.3.a
Packet Pg. 28 Attachment: First Amendment to Agreement for Countywide HHW Collection (3725 : Household Hazardous Waste Augmentation Amendment

6.3.b
Packet Pg. 29 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

6.3.b
Packet Pg. 30 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

6.3.b
Packet Pg. 31 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

6.3.b
Packet Pg. 32 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

6.3.b
Packet Pg. 33 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

6.3.b
Packet Pg. 34 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

6.3.b
Packet Pg. 35 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

6.3.b
Packet Pg. 36 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

6.3.b
Packet Pg. 37 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

6.3.b
Packet Pg. 38 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

6.3.b
Packet Pg. 39 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

6.3.b
Packet Pg. 40 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

6.3.b
Packet Pg. 41 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

6.3.b
Packet Pg. 42 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

6.3.b
Packet Pg. 43 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

6.3.b
Packet Pg. 44 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

6.3.b
Packet Pg. 45 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

6.3.b
Packet Pg. 46 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

6.3.b
Packet Pg. 47 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

6.3.b
Packet Pg. 48 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

6.3.b
Packet Pg. 49 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

EXHIBIT B-2D (revised)

INSURANCE REQUIREMENTS FOR

ENVIRONMENTAL SERVICES CONTRACTS
(Hazardous Waste Disposal, Remediation Services, Environmental Consulting, etc.) Indemnity
The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor contests its obligation to indemnify, defend and/or hold harmless the County under this Agreement and does not prevail in that contest.

Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions:

A. Evidence of Coverage
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request.

This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor.

B. Qualifying Insurers
All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager.

6.3.b
Packet Pg. 50 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

EXHIBIT B-2D (revised)
C. Notice of Cancellation
All coverage as required herein shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent.

D. Insurance Required

1. Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows:
a. Each occurrence - $1,000,000
b. General aggregate - $2,000,000
c. Products/Completed Operations aggregate - $2,000,000 d. Personal Injury - $1,000,000

2. General liability coverage shall include:
a. Premises and Operations
b. Products/Completed
c. Personal Injury liability
d. Severability of interest

3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County:

Additional Insured Endorsement, which shall read:
the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional ins
Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. Public Entities may also be added to the

6.3.b
Packet Pg. 51 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

EXHIBIT B-2D (revised)
additional insured endorsement as applicable and the contractor shall be notified by the contracting department of these requirements.

4. Automobile Liability Insurance
For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles. Coverage shall include Environmental Impairment Liability Endorsement MCS90 for contracts requiring the transportation of hazardous materials/wastes. 4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents or subcontractors will operate aircraft or watercraft in the scope of the Agreement) For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired aircraft/watercraft.

5. Workers' Compensation and Employer's Liability Insurance a. Statutory California Workers' Compensation coverage including broad form all-states coverage.
b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence.

6. Contractors Pollution Liability Insurance
Coverage shall provide a minimum of not less than five million dollars ($5,000,000) per occurrence and aggregate for bodily injury, personal injury, property damage and cleanup costs both on and offsite.

7. Professional Errors and Omissions Liability Insurance (required for contractors providing professional services, such as through a professional engineer, registered geologist, etc.)
a. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per occurrence/aggregate.
b. If coverage contains a deductible or self-retention, it shall not be greater than fifty thousand dollars ($50,000) per occurrence/event.

6.3.b
Packet Pg. 52 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

EXHIBIT B-2D (revised)
c. Coverage as required herein shall be maintained for a minimum of two years following termination or completion of this Agreement.

8. Claims Made Coverage
If coverage is written on a claims made basis, the Certificate of Insurance shall clearly state so. In addition to coverage requirements above, such policy shall provide that:
a. Policy retroactive date coincides with or precedes the Consultant's start of work (including subsequent policies purchased as renewals or replacements). b. Policy allows for reporting of circumstances or incidents that might give rise to future claims.

E. Special Provisions
The following provisions shall apply to this Agreement:

1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to the provisions concerning indemnification.

2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Contractor.

However, this shall not in any way limit liabilities assumed by the Contractor under this Agreement. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self-insurance retentions.

3. Should any of the work under this Agreement be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may insure subcontractors under its own policies.

4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above.

F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments) Before receiving compensation under this Agreement, Contractor will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or

6.3.b
Packet Pg. 53 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

EXHIBIT B-2D (revised)
countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Contractor will notify County immediately, and County may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County.

6.3.b
Packet Pg. 54 Attachment: HHW Agreement (2021) (3725 : Household Hazardous Waste Augmentation Amendment 2022)

City of Gilroy

STAFF REPORT

Agenda Item Title: First Amendment to the Solid Waste Disposal Contract for Approval of Alternate Disposal Facilities
Meeting Date: April 18, 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 authorize the City Administrator to execute the First Amendment to the Solid Waste Disposal Contract.

EXECUTIVE SUMMARY
The purpose of this item is to allow the City Council to consider approval of Alternate Disposal Facilities which are closer to the City of Gilroy than the currently solely designated Potrero Hills Landfill in Solano County.

POLICY DISCUSSION
The proposed Amendment to the Agreement will benefit the Gilroy community by allowing disposal of solid waste at nearby landfills, thereby avoiding significant challenges related to transportation and potential trash pickup scheduling conflicts that would result from the use of Potrero Hills Landfill which is located 108 miles from the San Martin Transfer Station.

6.4 Packet Pg. 55

BACKGROUND
Since 2014, Waste Solutions Group (Waste Solutions) has contracted with the cities of Gilroy and Morgan Hill to provide solid waste disposal services at John Smith Road Landfill (John Smith) for the waste collected by Recology. Recology transfers waste from the San Martin Transfer Station to John Smith, a one -way haul of 28 miles. John Smith is owned by the County of San Benito and operated under a contract between the County and Waste Solutions. Waste Solutions has informed Gilroy and Morgan Hill that efforts to modify the landfill's permit to create more disposal capacity have been delayed and that San Benito County has decided to reserve the existing John Smith disposal capacity for waste generated within that county. After March 30, 2022, out-of-County waste will not be accepted at John Smith for an indefinite period, presumably until the capacity expansion is finalized.

The Solid Waste Disposal Agreement with Waste Solutions names Potrero Hills L andfill in Solano County as the sole ‘Alternate Disposal Facility’ in the event that John Smith is unable to accept solid waste from the two cities. Potrero Hills Landfill is located 106 miles from the San Martin Transfer Station. Utilizing this landfill p resents significant and possibly insurmountable challenges related to transportation and potential trash pickup scheduling conflicts. Therefore, Waste Solutions has proposed that, in lieu of Potrero Hills Landfill, it will make arrangements for disposal at Kirby Canyon Landfill located in San Jose (11 miles from San Martin), and/or the Monterey Peninsula Landfill in Marina (38 miles from San Martin).

ANALYSIS
Either or both of the suggested alternate landfill options are preferable over Potrero Hills Landfill due to the operational convenience and other benefits that come with a landfill that is closer than 106 miles away.

As of the beginning of April, the City commenced utilization of Kirby Canyon Landfill and/or Monterey Peninsula Landfill as an interim so lid waste disposal site. Approval of the proposed First Amendment (Attachment A) will formally add these two landfills to the Agreement as ‘Alternative Disposal Facilities.’ Recology has been closely involved in planning for this switch and supports the planned temporary shift.

ALTERNATIVES
Council may reject the amendment. This is not recommended, as the change in the alternate disposal facility will prevent negative impacts to solid waste collection services within the community.

FISCAL IMPACT/FUNDING SOURCE
Per the Solid Waste Disposal Agreement, Waste Solutions will be responsible for paying all documented additional costs resulting from the use of any Alternate Disposal Facilities, and for securing all necessary regulatory approvals needed for Contracto r

6.4 Packet Pg. 56

and/or Cities to use the Alternate Disposal Facilities. As a result, changing the disposal site will have no impact on the collection rates charged by Recology at this time.

NEXT STEPS
With Council approval, the City Administrator will then execute the First Amendment to the Solid Waste Disposal Contract.

Attachments:

1. First Amendment to Solid Waste Disposal Agreement (00101244xA3717)

2. Solid Waste Disposal Agreement_WS_Gil_MH

6.4 Packet Pg. 57

{00101244.DOC.} FIRST AMENDMENT TO SOLID WASTE DISPOSAL AGREEMENT Page 1

FIRST AMENDMENT TO SOLID WASTE DISPOSAL AGREEMENT

THIS FIRST AMENDMENT TO SOLID WASTE DISPOSAL AGREEMENT
(this “Amendment”), by and among the CITY OF GILROY, CALIFORNIA (“Gilroy”), the CITY OF MORGAN HILL, CALIFORNIA (“Morgan Hill” and, together with Gilroy, the “Cities”), and WASTE SOLUTIONS GROUP OF SAN BENITO, LLC, a Delaware limited liability company (“Company”), is entered into as of March __, 2022. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in that certain Solid Waste Disposal Agreement, dated July 1, 2014 (the “Agreement”), by and between the Cities and Company.

RECITALS
WHEREAS, the Cities and Company entered into the Agreement, whereby the Cities agreed to dispose of Waste at the Landfill, and Company agreed to accept same for disposal, upon the terms and conditions set forth in the Agreement; and WHEREAS, the parties desire to amend the Agreement to designate additional landfills as Alternate Disposal Facilities.

AMENDMENT

NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE

RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES AGREE TO AMEND THE AGREEMENT, AS FOLLOWS:

1. Incorporation of Recitals. The foregoing recitals are agreed to, accepted and incorporated herein by reference.

2. Amendment to Section 1.6 (Disposal Facilities). Section 1.6 (Disposal Facilities) of the Agreement is hereby amended and restated in its entirety to read as follows:
“1.6. “Disposal Facilities” means the Landfill or, if the Landfill is incapable of accepting Acceptable Waste for any reason, any of the following solid waste disposal facilities: (i) the Potrero Hills Landfill in Solano County, California; (ii) the Kirby Canyon Landfill in Morgan Hill, California; or (iii) the Monterey Peninsula Landfill in Marina California (each an “Alternate Disposal Facility”).”

3. Counterparts. This Amendment may be executed in one or more facsimile or original counterparts, each of which shall be deemed an original and both of which together shall constitute one and the same instrument.

4. Ratification. All terms and provisions of the Agreement not amended hereby, either expressly or by necessary implication, shall remain in full force and effect. From and after the date of this Amendment, all references to the term “Agreement” in this Amendment and in the original Agreement shall include the terms contained in this Amendment.

6.4.a
Packet Pg. 58 Attachment: First Amendment to Solid Waste Disposal Agreement (00101244xA3717) (3726 : First Amendment to the Solid Waste Disposal

{00101244.DOC.} FIRST AMENDMENT TO SOLID WASTE DISPOSAL AGREEMENT Page 2

5. Conflicting Provisions. In the event of any conflict between the original terms of the Agreement and this Amendment, the terms of this Amendment shall prevail.

6. Authorization. Each party executing this Amendment represents and warrants that it is duly authorized to cause this Amendment to be executed and delivered. [Remainder of page intentionally left blank;
Signature page immediately follows.]

6.4.a
Packet Pg. 59 Attachment: First Amendment to Solid Waste Disposal Agreement (00101244xA3717) (3726 : First Amendment to the Solid Waste Disposal

{00101244.DOC.} FIRST AMENDMENT TO SOLID WASTE DISPOSAL AGREEMENT Page 3

IN WITNESS WHEREOF, the parties execute this First Amendment to Solid Waste Disposal Agreement as of the date first written above.

CITIES:

CITY OF GILROY, CALIFORNIA

By: _________________________________
Name:

Title:

CITY OF MORGAN HILL, CALIFORNIA

By: _________________________________
Name:

Title:

COMPANY:

WASTE SOLUTIONS GROUP OF SAN
BENITO, LLC, a Delaware limited liability
company

By: _________________________________
Name: Paul Nelson
Title: Divisional Vice President

6.4.a
Packet Pg. 60 Attachment: First Amendment to Solid Waste Disposal Agreement (00101244xA3717) (3726 : First Amendment to the Solid Waste Disposal

1 SOLID WASTE DISPOSAL AGREEMENT
This SOLID WASTE DISPOSAL AGREEMENT this Agreement is made and entered as of July 1 2014 the Effective Date by and among the CITY OF GILROY CALIFORNIA Gilroy the CITY OF MORGAN HILL CALIFORNIA Morgan Hill and together with Gilroy the Cities and WASTE SOLUTIONS GROUP OF SAN BENITO LLC a Delaware limited liability company Company Cities and Company are hereinafter sometimes referred to individually as a Party and jointly as the Parties

RECITALS
WHEREAS Contractor as defined below is the franchised solid waste collector for all Waste as defined below generated within the incorporated city limits of Cities WHEREAS Contractor owns and operates the San Martin Transfer Station located at 14070 Llagas Ave San Martin California the Contractor Transfer Station which besides accepting fianchised solid waste from Cities accepts self hauled public Waste from residents of Cities
WHEREAS Company operates the John Smith Road Landfill the Landfill and desires to become a provider of solid waste disposal services for Cities WHEREAS Cities conducted a request for proposals for the long term disposal of the Waste generated within the incorporated city limits of Cities WHEREAS in response to the proposal submitted by Company Cities have awarded to Company an exclusive longterm contract for the disposal of the Waste generated within the incorporated city limits of Cities and
WHEREAS Cities have directed Contractor to haul all Waste collected within the incorporated city limits of Cities delivered to the Contractor Transfer Station to the Landfill

AGREEMENT
NOW THEREFORE for and in consideration of the respective covenants herein contained and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged the Parties agree to the terms and conditions set forth herein 1 Definitions
11 Acceptable Waste or Waste means Solid Waste as defined in California Public Resources Code Division 30 Part 1 Chapter 2 40191 and regulations promulgated thereunder and includes residential waste commercial waste non recycled construction and demolition waste residuals from any material recovery recycling or other waste processing facility and any other combination of these wastes and all other acceptable Class III and Class 11 Wastes provided however the following materials are excluded from the definition of Acceptable Waste a Special Waste b Hazardous Waste c Class I Wastes and d 00059528DOC3 SOLID WASTE DISPOSAL AGREEMENT I

6.4.b
Packet Pg. 61 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract)

materials recovered from Acceptable Waste for recycling or other beneficial use and which are not subsequently disposed of in a landfill
12 Contractor means Cities currently contracted Waste hauler Recology South Valley a California corporation any successor in interest thereto or any other party Cities subsequently designate as their franchised solid waste collector during the Term 13 CPI U means the Consumer Price Index All Items 1982 84 100 for All Urban Consumers CPI U San Francisco Oakland San Jose
14 Designated Waste means Designated Waste as defined by State of California under 13173 of Division 7 of the California Water Code
15 Disposal Dis ose or Disposed means the delivery of Acceptable Waste to the Landfill
16 Disposal Facilities means the Landfill or if the Landfill is incapable of accepting Acceptable Waste for any reason the Potrero Hills Landfill in Solano County California the Alternate Disposal Facility
17 Free Liquid means liquid in excess of twentyfive 25 gallons per contained load of waste which readily separates from the solid portions of such waste on delivery to the Landfill under ambient temperature and pressure ie liquid in the waste load that causes the waste to fail the paint filter test prescribed by the Environmental Protection Agency in its Method 9095
18 Hazardous Waste means any waste which is defined or regulated as a hazardous waste toxic substance hazardous chemical substance or mixture or asbestos under applicable law including but not limited to a the Resource Conservation and Recovery Act and the regulations contained in 40 CFR Parts 260 281 inclusive b the Toxic Substance Control Act 15 USC 2601 et seq c the regulations contained in 40 CFR Parts 761 766 inclusive d California Health and Safety Code 25117 e the California Public Resources Code 40141 and f all successor laws and regulations as may be amended from time to time 19 Special Waste means and includes without limitation Designated Waste and any non Designated Waste that requires special handling or safety procedures at the Landfill during either off loading or burial Examples of Special Waste include but are not limited to fly ashes petroleum contaminated soils waste water treatment plant sludge field plastic trick load quantities of box springs and mattresses toner cartridges appliances wood stumps over two 2 feet in diameter large tree limbs and poles
110 Special Waste Application means the form used by Company to gather information about the proposed Special Waste to be delivered to the Landfill In order to be approved the Special Waste Application must be executed by Companys Environmental Manager or authorized representative who thereby approves the waste as Acceptable Waste 111 Ton means a standard or short ton and shall be deemed to be equal to two thousand 2000 pounds
00059528DOC31 SOLID WASTE DISPOSAL AGREENIENT 2

6.4.b
Packet Pg. 62 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract)

1 12 Unacceptable Waste means any and all waste
a the delivery of which at the Landfill would violate any applicable local state or federal laws regulations or orders or conditions of the Landfills operating permit b which constitutes Hazardous Waste
c which constitutes Special Waste without an approved Special Waste Application
d which in Companys sole and reasonable discretion Company considers to be unacceptable or
e containing Free Liquid without an approved Special Waste Application 2 Term
21 Initial Term This Agreement shall commence on the Effective Date and shall continue for an approximate period of fifteen 15 years ending June 30 2030 the Initial Term unless terminated earlier pursuant to Section 18
22 Extension Term Cities shall have the sole right to extend the Initial Term by no less than two 2 additional five 5 year periods ie until June 30 2035 and again until June 30 2040 each an Extension Term and together with the Initial Term the Term Cities shall notify Company of its intent to extend the Initial Term and if applicable the first Extension Term no later than one 1 year prior to the end of the Initial Term After the second Extension Term any further extensions of the Term shall be only by written agreement of the Parties 23 Reiection of Extension Term Notwithstanding anything to the contrary in this Section 2 Company shall have the right to reject Cities exercise of either Extension Term pursuant to Section 22 in the event of any of the following i Companys costs to expand the Landfill including Companys operating costs are higher than the documented costs of constructing new landfill airspace as of the Effective Date by a percentage amount greater than the cumulative CPI adjustment calculated pursuant to Section 61 from the Effective Date through the date Cities seek to exercise the applicable Extension Term ii the Landfill can no longer accept Acceptable Waste due to permitted Disposal capacity limitations or iii Company determines in its sole but reasonable discretion that Company is reasonably likely to breach its contractual obligation to San Benito County to maintain at least fifteen 15 years of airspace at the Landfill at all times
3 Exclusive Tonnage Commitment Waste Type and Source In consideration of the preferred Base Rate set forth in Section 5 Cities shall direct Contractor to deliver to the Landfill One Hundred Percent 100 of the Acceptable Waste generated as a result of the Citys collection Franchise Agreements Cities warrant that Contractor shall deliver to the Landfill only Acceptable Waste except that Contractor may also deliver Special Waste in accordance with the provisions described in an approved Special Waste Application 00059528DOC3 SOLID WASTE DISPOSAL AGREEMENT 3

6.4.b
Packet Pg. 63 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract)

4 Disposal
41 Disposal of Acceptable Waste Company will accept delivery and Dispose of all properly identified Acceptable Waste from Contractor and Cities from time to time during the term of and according to this Agreement provided however that such waste is Acceptable Waste that Company is capable of accepting and properly Disposing of at the Landfill 42 Inability to Accept Acceptable Waste Except as provided in Sections 10 and 191 in the event that Company fails to accept some or all Acceptable Waste delivered by Contractor pursuant to this Agreement regardless of the reason for such failure the following shall occur
421 Immediately upon Companys temporary inability to accept Acceptable Waste delivered by Contractor pursuant to this Agreement Company shall make whatever arrangements are necessary for the use of the Alternate Disposal Facility and shall direct Contractor to use the Alternate Disposal Facility
422 Company shall be responsible for paying all documented additional costs resulting from the use of the Alternate Disposal Facility under Section 421 including any increase in costs for Disposal services whether paid on a per Ton lumpsum or other basis and any increase in transport expenses due to increased transport time distance or method incurred by Contractor and or Cities Company is responsible for securing all necessary regulatory approvals needed for Contractor and or Cities to use the Alternate Disposal Facility under Section 421
43 Landfill Disposal Area Site Expansions Company has represented to Cities that it will and Company shall demonstrate reasonable efforts to seek approvals for expansion of the current permitted Landfill disposal area and capacity
5 Base Rate During the Term the tipping fee per Ton the Base Rate for the Disposal of Acceptable Waste at the Disposal Facilities shall be as follows Term Year Proprietary Current Taxes Total Base
Rate Per Ton Per Ton Rate
Year 1 Effective Date December
31 2014 1710 per Ton 390 2100
Year 2 January 1 2015
December 31 2015 1760 per Ton 390 2150
Years 3 15 January 1 2016
December 31 2029 As adjusted As adjusted As adjusted
pursuant to the from time to pursuant to the
provisions of time pursuant provisions of
Section 61 to Section 62 Sections 61
and 62
t00059528DOC31 SOLID WASTE DISPOSAL AGREEMENT 4

6.4.b
Packet Pg. 64 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract)

The Base Rate for any acceptable Special Waste shall be quoted on a caseby case basis 6 Base Rate Adiustments
61 CPI Adjustment Beginning on January 1 2016 and on each anniversary thereof through the end of the Term Companys Proprietary Base Rate shall automatically increase by an amount equal to Eighty Percent 80 of the increase in the CPI U for the prior twelve 12 month period Any adjustment based on the CPI U shall be calculated by establishing the percentage difference in CPI U using October as compared to the immediately preceding October during the term of this Agreement
62 Changes in Law The Parties acknowledge that solid waste Disposal is a highly regulated and highly taxed enterprise and that taxing authorities frequently raise revenue by imposing taxes on waste Disposal operations and businesses The Parties acknowledge that the Base Rate already includes costs associated with complying with all existing governmental regulations applicable to the Disposal Facilities including but not limited to methane control regulations and the costs of closure and post closure monitoring If state federal or local government or governmental agencies increase any taxes or impose new taxes surcharges or other fees collectively the Taxes or adopt or modify any compliance and regulatory requirements Change in Law that result in increased operating costs to Company or require Company to make or capital expenditures Company shall have the right to pass the Taxes and increased operating costs resulting from Changes in Law through to Cities in the form of increased Base Rates To the extent that the Taxes Change in Law and other increased operational costs the Increased Costs can be factored into the per ton Base Rate applicable to Cities under this Agreement the Parties hereto shall use good faith efforts to negotiate an adjusted Base Rate that includes Cities equitable share of the Increased Costs 7 Turnaround Time of Contractors Vehicles Company shall use commercially reasonable efforts to ensure that the average time required for a vehicles delivering Acceptable Waste pursuant to this Agreement Contractor Vehicles to unload and exit the Landfill is thirty 30 minutes commencing from the time the Contractor Vehicles queue in the Landfills inbound scale line to the time said vehicles exit over the Landfills exit scale the Average Turnaround Time provided however that Company shall not be responsible for and shall not be in breach of the provisions of this Section 7 for delays not caused by or under the control of Company including without limitation vehicle breakdown driver negligence lack of cooperation or a vehicle driver parking to use Companys restrooms or telephone Company shall manage the Acceptable Waste receiving and unloading area in order to facilitate access and unloading by Contractor Company shall make available to Contractor a functional tipper at all times The Average Turnaround Time shall be calculated on a thirty 30 calendar day basis as the sum of the vehicle turnaround time for each load of Acceptable Waste delivered by Contractor pursuant to this Agreement during the month divided by the number of loads received during the thirty 30 calendar day period Company shall report the Average Turnaround Time on a regular monthly basis to Cities If this Average Turnaround Time exceeds thirty 30 minutes for two consecutive months or more Company shall meet with Contractor and Cities determine the cause of such exceedances and reach an acceptable solution with Contractor and Cities to reduce the Average Turnaround Time to an acceptable level t00059528DOC31 SOLID WASTE DISPOSAL AGREEMENT 5

6.4.b
Packet Pg. 65 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract)

8 Tender of Delivery Cities shall direct Contractor to tender Disposal of the Acceptable Waste to Company at those times and places in those quantities and in the manner specified in this Agreement or Special Waste approvals Cities shall direct Contractor to at the same time and place tender to Company those completed documents shipping papers or manifests as are required for lawful transfer of the Acceptable Waste to Company by valid and applicable statutes ordinances orders rules or regulations of the Federal state or local governments Tender of Disposal shall be considered non conforming if not in accordance with this Section and or the specifications of and Special Waste approvals 9 Right To Inspect Waste Material Company shall have the right but not the obligation to inspect sample analyze or test any tendered waste material before accepting such material If the waste material or tender of delivery fails in the opinion of Company to conform to this Agreement Company may a reject all waste material tendered b conditionally accept any or all waste material tendered or c accept any unit or units of waste material and reject the rest 10 Right to Reject Unacceptable Waste Company may conditionally accept Contractors and Cities waste offloaded at the Landfill or the applicable Disposal Facility but may revoke its acceptance of any load of waste as Unacceptable Waste at any time it is determined to be Unacceptable Waste such rejected waste will hereinafter be referred to as Rejected Waste Upon Companys good faith and timely rejection or revocation of acceptance of waste that waste shall become Rejected Waste and Companys rejection shall operate to revest title to the Rejected Waste in Contractor and Cities As a condition to its effective rejection of Waste or revocation of its acceptance of any Waste Company will
101 Promptly notify Contractor and Cities specifying the basis for its rejection of such Waste
102 Segregate and properly containerize the Rejected Waste at the Landfill or the applicable Disposal Facility and
103 Allow Contractor and Cities a reasonable opportunity not to exceed seventy two 72 hours from the time of notice of rejection to reclaim and remove the Rejected Waste from the Landfill or the applicable Disposal Facility
If Contractor or Cities fail to reclaim and remove the Rejected Waste from the Landfill or the applicable Disposal Facility or arrange for the removal of the Rejected Waste from the Landfill or the applicable Disposal Facility Company may make arrangements for the offsite storage transportation and Disposal of the Rejected Waste at a facility permitted to accept the Rejected Waste In such event Cities shalt promptly reimburse Company for the reasonable costs incurred by Company in testing clean up handling loading preparing transporting storing Disposing and either returning the Rejected Waste to Contractor and or Cities or transporting and Disposing of the Rejected Waste at a facility permitted to accept the Rejected Waste
11 Acceptance of Waste of Title Company will be vested with title to all Acceptable Waste accepted by the Landfill hereunder on rem oval of the Acceptable Waste from the Transfer Station provided however that the Landfill or the applicable Disposal Facility is 00059528DM3 SOLID WASTE DISPOSAL AGREEMENT 6

6.4.b
Packet Pg. 66 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract)

legally permitted to accept such waste and acceptance of such waste is not rejected or revoked under Section 10 Otherwise title to waste delivered by Contractor shall be in and all risks and responsibilities shall be borne by Contractor and Cities 12 Hours of Operation Company shall accept all Acceptable Waste at the Landfill during normal business hours of Monday Friday 800 am 400 pm Saturday Sunday 900 am 300 pm subject to Companys right to change the hours of operation which it may do at any time and from time to time upon giving Contractor and Cities reasonable advance notice of any such change in hours or capacity limitations which reasonable advance notice typically would be no less than ninety 90 days in advance of such change The Landfill will be closed on the following holidays New Years Day Easter Sunday Thanksgiving Day and Christmas Day Company shall give Contractor and Cities reasonable advance notice of any change to the holiday schedule
13 Contractor Landfill Activities Contractors activities at the Landfill shall be subject to the applicable provisions of Companys permits and safety and operating procedures made known to Contractor and Cities by Company Cities shall direct Contractor to exercise due care and diligence in the movement and offloading of Waste from its collection vehicles while in the Landfill and shall be responsible for all acts or omissions of its employees subcontractors and their agents and employees in connection with their activities at the Landfill Cities shall direct Contractor to at its sole cost protect its own employees and agents employees of Company and other persons from risk of death injury or bodily harm arising out of or in any way connected with Contractors activities at the Landfill Cities shall indemnify defend and hold Company harmless for all acts or omissions of Contractor Contractors employees agents and independent contractors and their respective agents and employees in connection with their activities at the Landfill
14 Intoxicating Liquors and Drugs Cities shall direct Contractor to establish and keep in place rules prohibiting its employees agents or independent contractors from taking any controlled substances or intoxicating liquors to the Landfill Cities shall direct Contractor to not permit its employees agents or independent contractors to bring anywhere on the Landfill any controlled substances or intoxicating liquors If any employee agent or independent contractor of Contractor shall in the opinion of Company be under the influence of alcohol or controlled substances while at the Landfill Company shall require such person to leave the Landfill immediately
15 Invoicing Dispute of Invoiced Amounts Company will invoice Contractor twice per month in arrears using applicable Base Rates for all Tons of Waste accepted for Disposal at the Landfill in the then immediately preceding invoice period Cities shall direct Contractor to pay undisputed invoiced amounts within thirty 30 days of the date of its receipt of the invoice If Cities or Contractor dispute an invoiced amount they shall do so within the fifteen 15 day period following receipt of the invoice containing the disputed amount and give notice to Company setting forth therein the basis for the disputed amount with sufficient specificity to allow Company to investigate the disputed amount If Cities and Contractor fail to dispute any invoiced amount within fifteen 15 days of receiving the invoice Cities and Contractor shall be conclusively deemed to have waived their right to dispute the amount Tonnage amounts of Waste shall be determined using Companys weigh scales at the Landfill or the applicable 00059528DOC3 SOLID WASTE DISPOSAL AGREEMENT 7

6.4.b
Packet Pg. 67 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract)

Disposal Facilities and shall be taken from certified weight tags issued by Company or the owneroperator of the applicable Disposal Facilities
16 Insurance The Parties shall obtain and maintain during the term of this Agreement commercial general liability insurance to protect against any claim or demand concerning bodily injury death or property damage and business auto insurance for claims arising out of such Partys operations Each Party hereto agrees to provide the other Party with thirty 30 days written notice of any nonrenewal cancellation decrease or material change in the insurance coverage Each Party on request shall furnish the other Party with a certificate of insurance showing the insurers and the coverages in effect all of which shall be satisfactory to the receiving party in its sole reasonable judgment The type and limits of liability of all insurance required herein shall be as set forth in Exhibit A which is attached hereto and incorporated herein Insurance provided pursuant to this Section 16 shall be written on an occurrence basis or claims made basis All policies except workers compensation shall name the other Party as an additional insured Limits specified in Exhibit A may be provided through any combination of primary umbrellaexcess deductibles or selfinsurance policies 17 Ind mni
171 By Cities Cities shall fully and forever defend indemnify and hold harmless Company and its successors assigns officers directors and agents against and in respect of any and all costs losses damages deficiencies expenses or liabilities including court costs and reasonable attorneys fees and expenses threatened suffered or paid to the extent resulting from or arising out of i any breach of any representation or warranty made by Cities in this Agreement or in any certificate document or instrument given pursuant hereto or in connection herewith ii any failure by Cities or Contractor to perform or otherwise fulfill or comply with any undertaking agreement or obligation on the part of Cities or Contractor to be performed fulfilled or complied with hereunder including the payment obligations set forth in Section 15 iii any claim by any third party of ownership of or any rights or interests in any Waste accepted by Company for Disposal at the Landfill or the applicable Disposal Facility iv any bodily injury personal injury or property damage arising out of or in any way related to Cities or Contractors acts or omissions and v any violation by Cities or Contractor of any federal state county or local law or regulation pertaining to Cities or Contractors operations This obligation shall survive the expiration or earlier termination of this Agreement 172 By Company Company shall fully and forever defend indemnify and hold harmless Cities and their respective successors assigns officers directors employees and agents against and in respect of any and all costs losses damages deficiencies expenses or liabilities including court costs and reasonable attorneys fees and expenses threatened suffered or paid to the extent resulting from or arising out of i any breach of any representation or warranty made by Company in this Agreement or in any certificate document or instrument given pursuant hereto or in connection herewith ii any failure by Company to perform or otherwise fulfill or comply with any undertaking agreement or obligation on the part of Company to be performed fulfilled or complied with hereunder iii any bodily injury personal injury or property damage arising out of or in any way related to Companys acts or omissions and iv any violation by Company of any federal state county or local law or regulation pertaining to 100059528DOC3 SOLID WASTE DISPOSAL AGREEMENT 8

6.4.b
Packet Pg. 68 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract)

Companys operations This obligation shall survive the expiration or earlier termination of this Agreement
18 Default Termination
181 Default Event of Default The terms event of default and default shall mean either Partys failure to observe comply with or perform as the case may be any covenant condition or obligation on its part to be performed complied with or observed as provided in this Agreement
182 Failure to Pay Amounts Due Cities shall be in default hereof if it fails to timely pay any invoiced amount in accordance with the terms set forth in Section 15 above Effective upon not less than five 5 days notice to Cities Company may suspend Cities and Contractors access to the Landfill until such time as Cities have paid Company the undisputed invoiced amount Notwithstanding any suspension of Cities and Contractors access to the Landfill by Company Cities shall remain obligated to comply with all provisions of this Agreement including without limitation Section 3
183 Default Right to Cure A Party shall be in default hereof if it breaches or fails to perform any non monetary covenant condition agreement representation or warranty contained in this Agreement and fails to cure such breach or failure for fifteen 15 days after the other Party has given the breaching Party written default notice provided however that if such failure or breach is of such nature as to not be curable within said fifteen 15 day period an event of default shall occur if the breaching or failing Party shall have failed to commence curative action within the prescribed fifteen 15 day period and prosecuted the same with due diligence to completion thereafter but in no event beyond forty five 45 days after receipt of the default notice
184 Remedy upon Default In any such event of default the non breaching Party may i terminate this Agreement and ii have recourse to any other right or remedy to which it may be entitled by law including but not limited to the right of all damage or loss suffered as a result of such breach or default In the event either Party waives default by the other Party such waiver shall not be construed or determined to be a continuing waiver of the same or any subsequent breach or default
19 Miscellaneous
191 Force Maicure Except with respect to the payment of money owed for Disposal services hereunder the performance of this Agreement by either Party may be suspended and the obligations hereunder excused or extended in the event and during the period that such performance is prevented by a cause or causes beyond that Partys reasonable control but only to the extent such cause or causes were unforeseeable or not the result of that Partys negligent or intentional act or failure to act when there was a duty to act Matters beyond the control of either Party include but are not limited to injunctions or restraining orders making the performance of this Agreement impossible and governmental or judicial action or inaction revoking suspending or preventing issuance of any licenses or permits required for operation of the Landfill in the case of Company or Contractors collection transfer and transportation facilities NO59528DM3 SOLID WASTE DISPOSAL AGREEMENT 9

6.4.b
Packet Pg. 69 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract)

or equipment or adversely affecting the interstate or international flow of Waste a Force Maieure Event In the event of disruption of services due to a Force Majeure Event Company shall and Cities shall direct Contractor to make every reasonable effort to reopen their respective facilities as soon as practicable after the cessation of the cause of suspension of services and will take all reasonable steps to overcome the cause of cessation of services 192 Compliance with Laws During the Term Company will comply with all present and future federal state and local statutes and ordinances regulating the Landfill and with all other rules and regulations and amendments thereto imposed by all federal and state regulatory agencies having jurisdiction over the operation of the Landfill Cities warrant that they and Contractor are and at all times during the Term will be in compliance with all state Federal county and other local laws permits and licenses concerning the collection handling and transportation of waste covered by this Agreement Cities shall direct Contractor to at all times maintain in effect all licenses and permits for the generation of Acceptable Waste covered by this Agreement required by any and all agencies that may have jurisdiction over Contractors operations
193 Independent Contractor Each Party is and shall perform their respective obligations under this Agreement as independent contractors and as such shall have and maintain complete control over all of their respective employees agents and their conduct of operations Neither Party nor anyone employed by it shall be represent act purport to act or be deemed to be the agent representative or employee of the other Party 194 Entire Agreement This Agreement represents the entire understanding and agreement between the Parties relating to the Disposal of the Waste materials described herein and supersedes any and all prior agreements whether written or oral that may exist between the Parties regarding same and supersedes any and all terms and conditions which may exist in any form with any Party regarding Contractors and Cities Disposal of Waste at the Landfill 195 Notices All notices or other communications to be given hereunder shall be in writing and shall be deemed given when mailed by Registered or Certified United States mail or by nationally recognized overnight courier with proof of delivery To City of Gilroy City of Gilroy
7351 Rosanna Street
Gilroy CA 95029
Attention City Administrator
Phone 408 846 0400
To City of Morgan Hill City of Morgan Hill
17575 Peak Ave
Morgan Hill CA 95037
Attention City Manager
Phone 408 779 7271
100059528DOC3 SOLID WASTE DISPOSAL AGREEMENT 10

6.4.b
Packet Pg. 70 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract)

To Company Waste Solutions Group Of San Benito LLC
Attn Division Vice President
2650 John Smith Road
Hollister CA 95023
Phone 831 637 4515
Fax 831 635 9621
With Copy to Waste Connections Inc
Attn Legal Department
3 Waterway Square Place
Suite I10
The Woodlands Texas 77380
Phone 832 4422200
Fax 832 4422290
Any changes of address by either Party affecting the notice provision of this Agreement shall be by notice given to the other in the same manner as specified above 196 Attorneys Fees In the event of any dispute between the Parties with respect to the subject matter hereof the prevailing Party shall recover its costs and expenses including reasonable attorney fees witness fees including experts and discovery costs all of which shall be included in and as a part of the judgment or award rendered in such litigation or arbitration 197 Specific Services This is an Agreement for the performance of specific services described herein Under no circumstances or conditions shall the operations of the Landfill by Company in accordance with this Agreement be deemed a public function nor has Contractor or Cities acquired an interest ownership or otherwise in the real or personal property or improvements or fixtures at the Landfill by virtue of this Agreement 198 Amendment No amendment modification or change to this Agreement shall be effective unless the same shall be in writing and duly executed by the Parties 199 Applicable Law The terms and conditions of this Agreement shall be construed in accordance with the laws of the State of California without regard for the states conflict of laws rules
1910 Section Headings The section headings in this Agreement are inserted for convenience only and shall not be considered as a part of this Agreement or as a limitation or enlargement of the scope or meaning of the particular sections to which they refer and shall not affect the interpretation of any provisions of this Agreement 1911 Severability In the event that any provisions of this Agreement shall for any reason be determined to be invalid illegal or unenforceable in any respect the Parties shall negotiate in good faith and agree to such amendments modifications or supplements of or to this Agreement or such other appropriate actions as shall to the maximum extent practicable in light of such determination implant and give effect to the intentions of the Parties as reflected herein and other terms of this Agreement as so amended modified supplemented or otherwise affected by such actions shall remain in full force and effect
00059528DOC3 SOLID WASTE DISPOSAL AGREEMENT 11

6.4.b
Packet Pg. 71 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract)

1912 Further Assurances Each Party shall use all reasonable efforts to provide such information execute and deliver any instruments and documents and take such action as may reasonably be necessary or reasonably requested or required by the other Party which are not inconsistent with the provisions of this Agreement and which do not involve the assumption of obligations other than those contemplated in this Agreement to give full effect to this Agreement and to carry out the intent of this Agreement
Remainder of Page Intentionally Left Blank Signature Page Follows 00059528DOC3 SOLID WASTE DISPOSAL AGREEMENT 12

6.4.b
Packet Pg. 72 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract)

IN WITNESS WHEREOF the Parties have executed this Solid Waste Disposal Agreement by their duly authorized agents as of the date first above written

CITIES COMPANY

CITY OF GILROY CALIFORNIA WASTE SOLUTIONS GROUP OF SAN
BENITO LLC a Delaware limited liability
company
By
Name Thom s J Hagluntr
Title City Administrator By
Name Paul Nelson
ATTEST Title Divisional Vice President
By
V
Name S awna Freels
Title City Clerk

APPROVED AS TO FORM
By G ci
Name Linda Callon
Title City Attorney
p

CITY OF M HI CALIFORNIA
By T
Name Steve Rymer
Title City Manager
ATTEST
By jjX
Name Michelle Wilson
Title Deputy City Clerk

APPROVED AS TO FORM
By
Name Renee Gurza
Title City Attorney
14 00059528DOC3 SOLID WASTE DISPOSAL AGREEMENT 13

6.4.b
Packet Pg. 73 Attachment: Solid Waste Disposal Agreement_WS_Gil_MH (3726 : First Amendment to the Solid Waste Disposal Contract)

City of Gilroy

STAFF REPORT

Agenda Item Title: Second Amendment to the Agreement with City of Morgan Hill for Providing Staff Services for Stormwater Pollution Prevention Compliance and Environmental Services
Meeting Date: April 18, 2022
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Daryl Jordan
Prepared By: Monica Sendejas
Monica Sendejas

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
A. Adopt a resolution of the City Council of the City of Gilroy amending the Fiscal Year 2022-23 budget to appropriate an additional $38,798 from the General Fund (100) for the shared staff services agreement with Morgan Hill for the Environmental Program; and

B. Approve the second amendment to the agreement with the City of Morgan Hill to provide shared staff services to the City of Gilroy for stormwater pollution prevention compliance and environmental management services, and authorize the City Administrator to execute the amendment and related documents.

EXECUTIVE SUMMARY

6.5 Packet Pg. 74

The City of Gilroy has an agreement with the City of Morgan Hill that provides shared staff services for stormwater pollution prevention compliance and environmental management services and is considering a second amendment to the agreement. The second amendment to the City’s staff services agreement with the City of Morgan Hill will add a full-time benefited Environmental Services Technician to the Stormwater Program and updates the agreement to include minor text updates including revisions to the Terms for Staff Services. The Environmental Services Technician would be shared between the two cities equally allowing the City of Gilroy to continue implementing the requirements of the National Pollutant Discharge Elimination System (NPDES) Stormwater Permit and aiding the City in meeting the Water Board’s growing expectations for compliance. The amendment will come before the Morgan Hill City Council for approval on April 20, 2022.

BACKGROUND
On March 16, 2015, the City Council approved an agreement with the City of Morgan Hill to provide environmental management services relating to solid waste management, stormwater pollution prevention compliance, and other environmental protection programs. The agreement expired on June 30, 2019 and an amendment was approved by City Council on June 17, 2019 to extend the contract term by five years through June 30, 2024. The State continues to require additional unfunded environmental mandates to the services cited above.

The City of Gilroy reimburses the City of Morgan Hill for fifty percent (50%) of the Environmental Program Coordinator position and associated overhead costs. This shared staff arrangement has resulted in efficient and effective use of resources to achieve stormwater compliance over the past seven years. As stormwater require ments have grown, both Gilroy and Morgan Hill have supplemented with consultant work to meet the increasing needs of the program.

Recently, the stormwater programs in Gilroy and Morgan Hill have run into challenges that have significantly increased resources needed to run the programs. These challenges have been primarily related to Notices of Violation, management of the Post Construction Requirement (PCR) Program which has an annually compounding workload, implementation and planning for the State’s Trash Amendments, addressing requirements of a new NPDES Permit, and ongoing challenges related to COVID-19.

ANALYSIS
The primary item that needs additional support within the City’s Stormwater Program is oversight of the PCR Inspection Program. This program gr ows each year and includes engagement with the community, developers, and Qualified Stormwater Practitioners (QSPs), issuance of spring and fall inspection solicitation letters with QSP data requests, input of inspection data into an online pollutant reporting platform, and solicitation of follow-up reporting for PCRs that need maintenance. The PCR Inspection Program is technical and requires consistency and attention to detail. The program will

6.5 Packet Pg. 75

benefit greatly from a permanent Environmental Services Technician, whose primary responsibility would be to focus on refinement of program data inputs, and who will see the program through its entire annual process.

Secondary tasks to be completed by the Environmental Services Technician as time permits, to be assigned by the Environmental Programs Coordinator, would include public outreach, clerical support (e.g., data collection for Water Board information requests and audits, form updates and revisions, mailings, etc.), upkeep of the High - Risk Business Database, and implementation of new stormwater requirements which will be written into the upcoming NPDES Permit (anticipated in early 2023).

It has become clear that the status-quo part-time staff member is no longer sufficient to meet Water Board expectations for a compliant stormwater program. In response to recent program challenges, the City of Morgan Hill identified program efficiencies which the City of Gilroy could also benefit from, primarily related to oversight and upkeep of the PCR Inspection Program by an Environmental Services Technician.

Based on the increase in demand for solid waste and stormwater management requirements from the State, there may be a need in the near-term for the City to bring these environmental functions in-house. Current negotiations with Recology include discussions of the City receiving funds from Recology to perform stormwater and environmental service work. Staff will continue to analyze this potential transition of services in the future. For now, the contract extension and additional shared staffing from Environmental Services is needed to aid us in meeting these increasing demands for environmental services.

ALTERNATIVES
Council may reject staff’s recommendation and not authorize the City Administrator to execute the second amendment. Staff does not recommend this option. This would limit the significantly increased resources needed to run the stormwater programs. The proposed amendment would allow the City of Gilroy to implement the requirements of the National Pollutant Discharge Elimination System (NPDES) Stormwater Permit by hiring an Environmental Services Technician to aid the City in meeting the Water Board’s growing expectations for compliance.

FISCAL IMPACT/FUNDING SOURCE
As indicated in Exhibit B of the amended agreement, payments from the City of Gilroy to the City of Morgan Hill for staff services are estimated to range from $187,097 to $194,663 annually, over the next two years of the remaining term of the Agreement after being amended with increased costs to co ver the proposed Environmental Services Technician. The funds will pay fifty percent (50%) of the full costs of the Environmental Programs Coordinator, fifty percent (50%) of the full costs of the proposed Environmental Services Technician, and twelve perc ent (12%) of the full costs of the Environmental Services Administrator.

6.5 Packet Pg. 76

FY23 – increase from $148,299 to $187,097
FY24 – increase from $158,480 to $194,663
Council appropriated funds in the amount of $148,299 on June 7, 2021, with the adoption of the biennial budget within the Environmental Program (100-2404) budget.

Staff recommends the remaining balance of $38,798 be covered by the Environmental Program (100-2404) which the General Fund (100) has adequate fund balance to fully fund the shared services.

Staff recommends that the City Council adopt a resolution to amend the FY23 budget for the Environmental Program (100-2404) contractual services by $38,798 to fully appropriate the total $187,097 for this project for the reasons cited above.

The proposed increase of $36,183 for FY24 will be budgeted through the next biennial budget development process.

These amounts are fixed unless Morgan Hill notifies Gilroy that the estimated amounts will not be adequate to reimburse Morgan Hill for actual costs incurre d. Gilroy must agree that an increase in the amount is warranted.

CONCLUSION
Staff requests City Council’s approval to adopt a resolution for a Fiscal Year 2022-23 budget amendment authorizing the City Administrator to execute the Second Amendment to the Gilroy Staff Services Agreement for Stormwater Permitting Requirements and Environmental Management Services.

Attachments:

1. Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment

2. DRAFT Budget Amendment Resolution

6.5 Packet Pg. 77

SECOND AMENDMENT TO AGREEMENT FOR PROVIDING STAFF SERVICES FOR THE

IMPLEMENTATION OF STORMWATER PERMITTING REQUIREMENTS AND

ENVIRONMENTAL SERVICES TO THE CITY OF GILROY

This SECOND AMENDMENT TO AGREEMENT is entered into and becomes effective on ______________________ (Effective Date), by and between the CITY OF GILROY, a municipal corporation (“GILROY”), and the CITY OF MORGAN HILL, a municipal corporation (“MORGAN HILL”).

RECITALS

The following recitals are a substantive part of this Agreement:

1. This Second Amendment to Agreement is entered into based upon the approval of the City of Morgan Hill City Council on ______________ and the City of Gilroy approval on ________________.

2. GILROY and MORGAN HILL entered into that Agreement to provide staff services (STAFF SERVICES AGREEMENT) on March 16, 2015.

3. GILROY and MORGAN HILL entered into a “First Amendment” on June 17, 2019, extending the length of the STAFF SERVICES AGREEMENT and adding reimbursement amounts for the extended term.

The STAFF SERVICES AGREEMENT and the First Amendment thereto are attached as Exhibit “1” to this Second Amendment.

4. MORGAN HILL has hired a half time Environmental Services Technician in 2021 to provide additional help in meeting Water Board expectations for Stormwater Program compliance, and has agreed to hire a full-time Environmental Services Technician to also provide half-time Environmental Services Technician staff services to GILROY; and

5. GILROY and MORGAN HILL have agreed that MORGAN HILL will provide the services of a second half-time staff position at the Environmental Technician level to GILROY and that GILROY will reimburse MORGAN HILL for MORGAN HILL's costs incurred to employ this position and carry out this work in the amount of one-half of the actual costs to MORGAN HILL for the position.

AGREEMENT

THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Amendments: All terms and conditions of the STAFF SERVICES AGREEMENT, as amended as attached as Exhibit "1,” shall remain in full force and effect; except that the following amendments shall be made as set forth below:

A. Section 3 shall be amended and replaced in its entirety by the following:

“Section 3. STATEMENT OF COSTS.

GILROY shall reimburse MORGAN HILL for all costs incurred by MORGAN HILL pursuant to this AGREEMENT, which may include, but are not limited to, direct costs for labor and benefits, field work supplies for use while in GILROY (e.g., PPE, boots, rain gear, inspection tools, etc.), and training and travel expenses. The terms related to staff resources to be provided by

6.5.a
Packet Pg. 78 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared

MORGAN HILL, as well as estimated costs to MORGAN HILL of the resources provided by MORGAN HILL to GILROY pursuant to this AGREEMENT are shown in EXHIBIT “A” and EXHIBIT “B,” respectively, which are attached hereto. Cost estimates are for budgetary purposes only and are not intended to limit the parties’ obligations under this AGREEMENT.

MORGAN HILL shall use all funds paid to MORGAN HILL by GILROY pursuant to this AGREEMENT solely for providing staff services to GILROY. The contribution of GILROY to MORGAN HILL under this Agreement shall not exceed $54,441 for FY 2014/2015; $94,614 for FY 2015/2016; $100,750 for FY 2016/2017; $107,341 for FY 2017/18; $114,423 for FY 2018/2019; $121,854 for FY 2019/2020; $130,036 for FY 2020/2021; $138,835 for FY 2021/2022; $187,097 for FY 2022/23; and $194,663 for FY 2023/2024 unless MORGAN HILL has notified GILROY that the estimated amounts will not be adequate to reimburse MORGAN HILL for actual costs and GILROY agrees that an increase in the amount is warranted.”

B. Section 7 shall be amended and replaced in its entirety by the following:

“Section 7.0 TERMINATION

A. MORGAN HILL or GILROY may terminate this AGREEMENT by giving notice to the other party of not less than thirty (30) days.

B. If either party fails to perform any of its material obligations under this AGREEMENT, then, in addition to all other remedies available by law, the non-defaulting party may terminate this AGREEMENT immediately upon written notice to defaulting party.

C. The MORGAN HILL City Manager, or their delegatee or designee, is authorized to terminate this AGREEMENT on behalf of MORGAN HILL.

D. The GILROY City Administrator, or their delegatee or designee, is authorized to terminate this AGREEMENT on behalf of GILROY.

E. In the event of termination, MORGAN HILL shall deliver to GILROY copies of all reports, documents, or other data generated by MORGAN HILL for or under this AGREEMENT.

GILROY shall be responsible for payment to MORGAN HILL of the cost of any services properly rendered in accordance with this Agreement prior to termination within 30 days of termination.”
C. Section 16 shall be amended and replaced in its entirety by the following:

“Section 16.0 WAIVER

Each party to this AGREEMENT agrees that the waiver by any party of any breach or violation of any term or condition of this AGREEMENT shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition of this AGREEMENT. The acceptance by any party of the performance of the services performed by MORGAN HILL or any other work or service under this AGREEMENT shall not be deemed to be a waiver of any term or condition of this AGREEMENT.”

D. Exhibit “A” of the original agreement shall be amended and replaced in its entirety by the attached Exhibit “A”.

E. Exhibit “B” of the original agreement shall be amended and replaced in its entirety by the attached Exhibit “B”.

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Packet Pg. 79 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared

2. Conflicts. In the event of a conflict between the terms and provisions of this Second Amendment to Agreement and the terms and provisions of the STAFF SERVICES AGREEMENT, as amended, the terms of this Second Amendment to Agreement shall govern and control.

3. Authority to Execute. The individuals who are signing this Second Amendment to Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Second Amendment to the Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the EFFECTIVE DATE first set forth above.

GILROY

APPROVED AS TO FORM:

_________________________________
Andy Faber
City Attorney

ATTEST:

_________________________________
Thai Pham
City Clerk

CITY OF GILROY,
a municipal corporation

_________________________________
Jimmy Forbis
City Administrator

MORGAN HILL

APPROVED AS TO FORM:

_________________________________
Donald Larkin
City Attorney

CITY OF MORGAN HILL,
a municipal corporation

__________________________________
Christina Turner
City Manager

ATTEST:

________________________________
Michelle Bigelow, City Clerk

6.5.a
Packet Pg. 80 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared

EXHIBIT A

DESCRIPTION OF STAFF RESOURCES TO BE PROVIDED AND TERMS RELATED TO

ADMINISTERING STAFF RESOURCE

The purpose of this Exhibit is to describe the work anticipated to be conducted under this AGREEMENT and the general terms relating to the employment of the staff resources (STAFF) provided under this AGREEMENT.

1. Work Locations - The primary office location for STAFF shall be MORGAN HILL’s offices. If desired by GILROY and if GILROY provides a comfortable, productive, functioning, and professional workspace, STAFF shall work in GILROY offices and attend meetings and work directly with customers in GILROY. GILROY office setup including, but not limited to, computer equipment and programs, telephone, office supplies, business cards, and ergonomic needs shall be provided by GILROY. The scheduling of STAFF’s work in GILROY can be designed to provide both regular office hours and flexibility to work in GILROY at additional times as desired. STAFF scheduling shall be arranged through the MORGAN HILL manager.

2. Management and Supervision - MORGAN HILL shall provide primary management and supervision of STAFF. MORGAN HILL shall communicate monthly with GILROY to ensure that STAFF is providing expected services to GILROY. Any and all disciplinary activities, if needed, shall be conducted solely by MORGAN HILL with costs thereof shared equally by GILROY.

Environmental Services Technician shall be supervised and assigned tasks by the Environmental Programs Coordinator.

3. Recruitment and Hiring - MORGAN HILL will conduct the recruitment, administer interviews, and complete background analysis to employ STAFF, with costs thereof to be shared equally by GILROY. GILROY shall be invited to participate in the interview and selection process.

4. General Description of Work Activities - While it is understood that the work associated with this AGREEMENT is dynamic and may fluctuate over time depending on General Permit requirements and GILROY’s interests, the following general work activities are expected to be core activities under the AGREEMENT:
a. Track program accomplishments and work activities to develop related reports. b. Evaluate the water quality elements of development plans and provide comments to GILROY staff and development applicants.
c. Conduct public education and outreach activities.
d. Assist GILROY staff in identifying other General Permit requirements to be completed by other GILROY departments.
e. Update and administer the requirements of the Operation and Maintenance Program for Post Construction Stormwater Treatment Features.

5. Management Services - MORGAN HILL will provide management services to GILROY relating to solid waste management, stormwater pollution prevention, and environmental services. These services will include, but not be limited to, preparing annual regulatory reports recording solid waste diversion, interacting with state and local representatives on GILROY's behalf, representing GILROY at regional meetings, and responding to queries from GILROY staff on a variety of environmental programs.

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Packet Pg. 81 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared

EXHIBIT B

COST ESTIMATE

14-15* 15-16 16-17 17-18 18-19

Staff (50% FTE) $25,154 $62,886 $68,011 $73,554 $79,549 Indirect Service Charges $674 $1,684 $1,821 $1,970 $2,130 Training $200 $500 $500 $500 $500
Cell Phone $72 $180 $180 $180 $180
Mileage Reimbursement $100 $250 $250 $250 $250

Total Half Time Staff $26,200 $65,500 $70,762 $76,454 $82,609

Management Staff (12% FTE) $27,504 $28,355 $29,206 $30,082 $30,984 Indirect Service Charges $736 $759 $782 $805 $829

Total Management $28,241 $29,114 $29,987 $30,887 $31,814

Total $54,441 $94,614 $100,750 $107,341 $114,423

---------------------------------------------------------------------------------------------------------------------------

19-20 20-21 21-22 22-23 23-24

Staff (50% FTE) $86,032 $93,044 $100,627 $155,100 $161,500 Indirect Service Charges $2,304 $2,492 $2,695 $2,914 $3,152 Training $500 $500 $500 $1,000 $1,000
Cell Phone $0 $0 $0 $0 $0
Mileage Reimbursement $250 $250 $250 $250 $250
Field Work Supplies/PPE $400 $400

Total Half Time Staff $89,086 $96,285 $104,071 $159,664 $166,302

Management Staff (12% FTE) $31,914 $32,871 $33,857 $26,500 $27,400 Indirect Service Charges $854 $880 $906 $933 $961

Total Management $32,768 $33,751 $34,764 $27,433 $28,361

Total $121,854 $130,036 $138,835 $187,097 $194,663
* costs for 14/15 are estimated for 40% of the fiscal year for the staff position and 100% of the fiscal year for the management position.

6.5.a
Packet Pg. 82 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared

FIRST AMENDMENT TO AGREEMENT FOR PROVIDING STAFF SERVICES FOR THE

IMPLEMENTATION OF STORMWATER PERMITTING REQUIREMENTS AND

ENVIRONMENTAL SERVICES TO THE CITY OF GILROY
...,.-This FIRST AMENDMENT TO AGREEMENT is entered into and becomes effective on...Ju� 11 2-0t9 (Effective Date), by and between the CITY OF GILROY, a municipal corporation ("GILROY"), and the City of MORGAN HILL, a municipal corporation ("MORGAN HILL").

RECITALS
The following recitals are a substantive part of this Agreement:

1.This First Amendment to Agreement is entered into based upon the approval of the City of MorganHill City Council on \Iii� \ S. 1 A, o I') and the City of Gilroy approval on ,TunL 111 to I q .

2.GILROY AND MORGAN HILL entered into that agreement to provide staff services (STAFFSERVICES AGREEMENT) on March 16, 2015. The agreement is attached as Exhibit "1" to this FirstAmendment.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Amendments: All terms and conditions of the STAFF SERVICES AGREEMENT, as amended, as attached as Exhibit "1," shall remain in full force and effect; except that the following amendments shall be made as set forth below:

A.Section 2 shall be amended and replaced in its entirety by the following:
"Section 2. TERM.

This AGREEMENT shall become effective as of the EFFECTIVE DATE and shall terminate on June 30, 2024 unless this AGREEMENT is amended or GILROY or MORGAN HILL exercises the right to terminate this AGREEMENT pursuant to Section 7 of this AGREEMENT, below." B.Section 3 shall be amended and replaced in its entirety by the following:
"Section 3. STATEMENT OF COSTS.

GILROY shall reimburse MORGAN HILL for all costs incurred by MORGAN HILL pursuant to this AGREEMENT, which may include, but are not limited to, direct costs for labor and benefits and training and travel expenses. The estimated costs to MORGAN HILL of the resources provided by MORGAN HILL to GILROY pursuant to this AGREEMENT are shown in EXHIBIT "B," which is attached hereto. These estimates are for budgetary purposes only and are not intended to limit the parties' obligations under this AGREEMENT. MORGAN HILL shall use all funds paid to MORGAN HILL by GILROY pursuant to this AGREEMENT solely for providing staff services to GILROY. The contribution of GILROY to MORGAN HILL under this Agreement shall not exceed $54,441 for FY 2014/2015; $94,614 for FY 2015/2016; $100,750 for FY 1
Exhibit 1

6.5.a
Packet Pg. 83 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared

2016/2017; $107,341 for FY 2017/18; $114,423 for FY 2018/2019; $121,854 for FY 2019/2020; $130,036 for FY 2020/2021; $138,835 for FY 2021/2022; $148,299 for FY 2022/23; and $158,480 for FY 2023/2024 unless MORGAN HILL has notified GILROY that the estimated amounts will not be adequate to reimburse MORGAN HILL for actual costs and GILROY agrees that an increase in the amount is warranted."
C.Exhibit "B" of the original agreement shall be amended and replaced in its entirety by the attached Exhibit "B".

2.Conflicts.In the event of a conflict between the terms and provisions of this First Amendment to Agreement and the terms and provisions of the STAFF SERVICES AGREEMENT, the terms of this First Amendment to Agreement shall govern and control.

IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the EFFECTIVE DATE first set forth above. fu/·
GILROY APPROVED AS TO FORM:
·�An� City Attorney
MORGAN HILL APPROVED AS TO FORM:
-���� Donald Larkin City Attorney
�61corporation
Gabriel Gonzalez � -City Administrator
CITY OF MORGAN HILL, �rporation
2 6.5.a
Packet Pg. 84 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared

EXHIBITS

COST ESTIMATE
14-15*15-16 16-17 17-18 18-19
Staff (50% FTE) $25,154 $62,886 $68,011 $73,554 $79,549 Indirect Service Charges $674 $1,684 $1,821 $1,970 $2,130 Training $200 $500 $500 $500 $500
Cell Phone $72 $180 $180 $180 $180
Mileage Reimbursement $100 $250 $250 $250 $250
Total HalfTime Staff $26,200 $65,500 $70,762 $76,454 $82,609 Management Staff (12% FTE) $27,504 $28,355 $29,206 $30,082 $30,984 Indirect Service Charges $736 $759 $782 $805 $829
Total Management $28,241 $29,114 $29,987 $30,887 $31,814 Total $54,441 $94,614 $100,750 $107,341 $114,423
-------... ---------------------------------------------·---------------------------·------·-·-·----------·-------------.. ---------- 19-20 20-21 21-22 22-23 23-24
Staff (50% FTE) $86,032 $93,044 $100,627 $108,828 $117,697 Indirect Service Charges $2,304 $2,492 $2,695 $2,914 $3,152 Training $500 $500 $500 $500 $500
Cell Phone $0 $0 $0 $0 $0
Mileage Reimbursement $250 $250 $250 $250 $250
Total Half Time Staff $89,086 $96,285 $104,071 $112,492 $121,599 Management Staff (12% FTE) $31,914 $32,871 $33,857 $34,873 $35,919 Indirect Service Charges $854 $880 $906 $933 $961
Total Management $32,768 $33,751 $34,764 $35,807 $36,881 Total $121,854 $130,036 $138,835 $148,299 $158,480
*costs for 14/15 are estimated for 40% of the fiscal year for the staff position and 100% of the fiscal year for the management position
3 6.5.a
Packet Pg. 85 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared

i}1-()1-1) -·DH·

DUPLICATE
Orlginal Maintained by
City Clerl,'s Office

AGREEMENT FOR PROVIDING STAFF SERVICES FOR THE IMPLEMENTATION

OF STORMWATER PERMITTING REQUIREMENTS AND ENVIRONMENTAL

SERVICES TO THE CITY OF GILROY
This �em�Q1 ("AGREEMENT") is made and entered in1o 1�is / l.1-/l, day of, L{Jf(') \ , 2015 ("EFFECTIVE DATE"), by and between the CITY OF GILROY, a municipal corporation ("GILROY"), and the City of MORGAN HILL, a municipal corporation ("MORGAN HILL").

RECITALS
WHEREAS, MORGAN HILL and GILROY have previously adopted a Joint Regional Storm Water Management Plan (SWMP) which was accepted by the Central Coast Regional Water Quality Control Board as the implementation document for the Joint Phase II Municipal Storm Water Permit and cooperated extensively in the implementation of the SWMP; and WHEREAS, the State Water Resources Control Board adopted General Permit No. CAS000004 (Waste discharge requirements for storm water discharges from small municipal separate storm sewer systems) (General Permit) on February 5, 2013; and WHEREAS, the General Permit institutes significant new regulatory requirements that the cities must comply with and both MORGAN HILL and GILROY have budgeted for increased staff resources in order to comply with the General Permit's requirements; and WHEREAS, MORGAN HILL is hiring a new staff person to implement measures to comply with the General Permit requirements and MORGAN HILL and GILROY agree that it would be most cost efficient for all parties for MORGAN HILL to share the staff person with GILROY; and WHEREAS, GILROY and MORGAN HILL have agreed that MORGAN HILL will provide one half-time staff position to GILROY and that GILROY will reimburse MORGAN HILL for MORGAN Hill's costs incurred to employ this position and carry out this worl< In the amount of one-half of the actual costs to MORGAN HILL for the position; and WHEREAS, GILROY and MORGAN HILL have agreed that MORGAN HILL will provide part-time management services to GILROY in the,areas of solid waste management and stormwater pollution prevention and that GILROY will reimburse MORGAN HILL for MORGAN Hill's costs incurred in providing management services.

NOW, THEREFORE, in consideration for the mutual promises and agreements set forth herein, the parties hereby agree as follows:
1 6.5.a
Packet Pg. 86 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared

SECTION 1. PURPOSE; DELEGATION.

SECTION 2. TERM.

SECTION 3. STATEMENT OF COSTS.

SECTION 4. PAYMENT FOR SERVICES.

6.5.a
Packet Pg. 87 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared

SECTION 5. INDEMNIFICATION.

In lieu of and notwithstanding the pro rata risk allocation which might othe1wise be imposed between the parties to this AGREEMENT pursuant to Government Code· Section 895.6, the Parties agree that all losses or liabilities incurred by a party shall not be shared pro rata, but instead, pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other pa1ties, its officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No pa1ty, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other parties under this Agreement.

SECTION 6. RECORDS.

MORGAN HILL shall keep itemized and detailed work or job records of all costs Incurred and services rendered pursuant to this AGREEMENT. MORGAN HILL shall maintain these records for a minimum period of three (3) years, or for any longer period required by law, fo llowing the pe1iormance of any services.

SECTION 7. TERMINATION.

A.MORGAN HILL or GILROY may terminate this AGREEMENT as of the first day of July of any year by giving notice to the other party not less than ninety (90) days prior to the July 1.

B.If MORGAN HILL fails to perform any of its material obligations under this AGREEMENT, then, in addition to all other remedies available by law, GILROY may terminate this AGRE EMENT immediately upon written notice to MORGAN HILL.

C. The MORGAN HILL City Manager, or his delegatee or designee, is authorized to terminate this AGREEMENT on behalf of MORGAN HILL.

D.The GILROY City Administrator, or his delegatee or designee, is authorized to terminate this AGREEMENT on behalf of GILROY.
\ E.In the event of termination, MORGAN HILL shall deliver to GILROY copies of all reports, documents, or other data generated by MORGAN HILL for or under this AGREEMENT. GILROY shall be responsible for payment to MORGAN HILL of the cost of any services properly rendered In accordance with this Agreement prior to termination within 30 days of termination.
3 6.5.a
Packet Pg. 88 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared

SECTION 8. AMENDMENTS.

This AGREEMENT may be modified only by a written amendment duly executed by the parties to this AGREEMENT.

SECTION 9. NONDISCRIMINATION.

No party to this AGREEMENT shall discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the pe1iormance of this AGREEMENT.

SECTION 10. ASSIGNABILITY.

MORGAN HILL acknowledges and understands that the expertise and experience of MORGAN HILL is a material consideration inducing GILROY to enter into this AGREEMENT. MORGAN HILL may not assign nor transfer any interest in this AGREEMENT, nor the performance of any of its duties and responsibilities under this AGREEMENT, without the prior written consent of GILROY. Any attempt by MORGAN HILL to so assign or transfer this AGREEMENT or the performance of any of MORGAN HILL'S duties and responsibilities under this AGREEMENT shall be null and void and of no force or effect.

SECTION 11. NOTICES.

All notices and other communications required or allowed to be given under this AGREEMENT to a party shall be In writing and shall be personally served or mailed, postage prepaid and return receipt requested, addressed to the respective party as follows:

GILROY:

MORGAN HILL:

City of Gilroy
Rosanna Street
Gilroy, California 95020
Attention: CITY ADMINISTRATOR
City of Morgan Hill
PeakAvenue
Morgan Hill, California 95037
Attention: CITY MANAGER
SECTION 12. GOVERNING LAW.

The law governing this AGREEMENT shall be that of the State of California. 4 6.5.a
Packet Pg. 89 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared

SECTION 13. VENUE.

SECTION 14. COMPLIANCE WITH LAWS.

SECTION 15. OWNERSHIP OF MATERIALS.

SECTION 16. WAIVER.

I I I I I I I I I I I I I I
I I I

6.5.a
Packet Pg. 90 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared

or any other worl< or service under this AGREEMENT shall not be deemed to be a waiver of any term or condition of this AGREEMENT.

IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the EFFECTIVE DATE first set forth above.

GILROY
APPROVED AS TO FORM:

L-iAcla-ea11on--� �
��.,7 City Attorney

MORGAN HILL
APPROVED AS TO FORM:

Renee G r a
City Attorney
CITY OF GILROY, Q unlclpal corporation
i
6 Thomas J. aglund
City Administrator

CITY OF MORGAN HILL,
a municipal corporation Slf'--Steve Ryme
City Manager

6.5.a
Packet Pg. 91 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared

EXHIBIT A

DESCRIPTION OF STAFF RESOURCES TO BE PROVIDED AND TERMS RELATED

TO ADMINISTERING STAFF RESOURCE
The purpose of this Exhibit is to describe the work anticipated to be conducted under this AGREEMENT and the general terms relating to the employment of the staff resources (STAFF) provided under this AGREEMENT.

1.Work Locations -The primary office location for STAFF shall be MORGAN Hill's offices. If desired by GILROY and if GILROY provides a reasonable work location, STAFF shall work in GILROY offices and attend meetings and work directly with customers in GILROY. The scheduling of STAFF's work in GILROY can be designed to provide both regular office hours and flexibility to work in GILROY at additional times as desired. STAFF scheduling shall be arranged through the MORGAN HILL manager.

2.Management and Supervision -MORGAN HILL shall provide primary management and supervision of STAFF. MORGAN HILL shall communicate monthly with GILROY to ensure that STAFF is providing expected services to GILROY. Any and all disciplinary activities, if needed, shall be conducted solely by MORGAN HILL with costs thereof shared equally by GILROY.

3.Recruitment and Hiring -MORGAN HILL will conduct the recruitment, administer interviews, and complete background analysis to employ STAFF, with costs thereof to be shared equally by GILROY. GILROY shall be invited to participate in the interview and selection process.

4.General Description of Work Activities -While it is understood that the work associated with this AGREEMENT is dynamic and may fluctuate over time depending on General Permit requirements and GILROY's interests, the following general work activities are expected to be core activities under the AGREEMENT:
a.Track program accomplishments and work activities to develop related reports.
b.Evaluate the water quality elements of development plans and provide comments to GILROY staff and development applicants.
c.Conduct public education and outreach activities.
d.Assist GILROY staff in identifying other General Permit requirements to be completed by other GILROY departments.

5.Management Services -MORGAN HILL will provide management services to GILROY relating to solid waste management, stormwater pollution prevention, and environmental services. These services Will include, but not be limited to, preparing annual regulatory reports recording solid waste diversion, interacting with state and local representatives on GILROY's behalf, representing GILROY at regional meetings, and responding to queries from GILROY staff on a variety of environmental programs.
7 6.5.a
Packet Pg. 92 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared

Staff (50% FTE)
Indirect Service Charges
Training
Cell Phone
Mileage Reimbursement
Total Half Time Staff
Management Staff (12% FTE)
Indirect Service Charges
Total Management
Total

EXHIBIT B

COST ESTIMATE
14-15*15-16
$25,154 $62,886
$674 $1,684
$200 $500
$72 $180
$100 $250
$26,200 $65,500
$27,504 $28,355
$736 $759
$28,241 $2 9,114
$54,441 $94,614
16-17 17-18
$68,011 $73,554
$1,821 $1,970
$500 $500
$180 $180
$250 $250
$70,762 $76,454
$29,206 $30,082
$782 $805
$29,987 $30,887
$100,750 $107,341
*costs for 14/15 are estimate d for 40% of the fiscal year for the staff position and 100% of the fiscal year for the management position 8 18-19
$79,549
$2,130
$500
$180
$250
$82,609
$30,984
$829
$31,814
$114,423

6.5.a
Packet Pg. 93 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared

Exhibit 16.5.aPacket Pg. 94Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared

SECTION 1. PURPOSE; DELEGATION.

SECTION 2. TERM.

SECTION 3. STATEMENT OF COSTS.

SECTION 4. PAYMENT FOR SERVICES.

6.5.a
Packet Pg. 95 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared

SECTION 5. INDEMNIFICATION.

In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties to this AGREEMENT pursuant to Government Code· Section 895.6, the Parties agree that all losses or liabilities incurred by a party shall not be shared pro rata, but instead, pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, its officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other parties under this Agreement.

SECTION 6. RECORDS.

MORGAN HILL shall keep itemized and detailed work or job records of all costs incurred and services rendered pursuant to this AGREEMENT. MORGAN HILL shall maintain these records for a minimum period of three (3) years, or for any longer period required by law, following the performance of any services.

SECTION 7. TERMINATION.

A.MORGAN HILL or GILROY may terminate this AGREEMENT as of the first day of July of any year by giving notice to the other party not less than ninety (90) days prior to the July 1.

B.If MORGAN HILL fails to perform any of its material obligations under this AGREEMENT, then, in addition to all other remedies available by law, GILROY may terminate this AGREEMENT immediately upon written notice to MORGAN HILL.

C.The MORGAN HILL City Manager, or his delegatee or designee, is authorized to terminate this AGREEMENT on behalf of MORGAN HILL.

D.The GILROY City Administrator, or his delegatee or designee, is authorized to terminate this AGREEMENT on behalf of GILROY.

E.In the event of termination, MORGAN HILL shall deliver to GILROY copies of all reports, documents, or other data generated by MORGAN HILL for or under this AGREEMENT. GILROY shall be responsible for payment to MORGAN HILL of the cost of any services properly rendered in accordance with this Agreement prior to termination within 30 days of termination.
3 6.5.a
Packet Pg. 96 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared

SECTION 8. AMENDMENTS.

SECTION 9. NON DISCRIMINATION.

SECTION 10. ASSIGNABILITY.

SECTION 11. NOTICES.

SECTION 12. GOVERNING LAW.

6.5.a
Packet Pg. 97 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared

SECTION 13. VENUE.

SECTION 14. COMPLIANCE WITH LAWS.

SECTION 15. OWNERSHIP OF MATERIALS.

SECTION 16. WAIVER.

6.5.a
Packet Pg. 98 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared

or any other work or service under this AGREEMENT shall not be deemed to be a waiver of any term or condition of this AGREEMENT.

IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the EFFECTIVE DATE first set forth above.

GILROY
APPROVED AS TO FORM:

LtfH:itrea11m.--i\ �
��
)
City Attorney

MORGAN HILL
APPROVED AS TO FORM: '/10 1� Ren� Guga
City Attorney
6 CITY OF GILROY,
a unicipal corporation
Thomas J. aglund
City Administrator

CITY OF MORGAN HILL,
a municipal corporation
St��--
City Manager

6.5.a
Packet Pg. 99 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared

EXHIBIT A

DESCRIPTION OF STAFF RESOURCES TO BE PROVIDED AND TERMS REL ATED

TO ADMINISTERING STAFF RESOURCE
The purpose of this Exhibit is to describe the work anticipated to be conducted under this AGREEMENT and the general terms relating to the employment of the staff resources (STAFF) provided under this AGREEMENT.

1.Work Locations -The primary office location for STAFF shall be MORGAN Hill's offices. If desired by GILROY and if GILROY provides a reasonable work location, STAFF shall work in GILROY offices and attend meetings and work directly with customers in GILROY. The scheduling of STAFF's work in GILROY can be designed to provide both regular office hours and flexibility to work in GILROY at additional times as desired. STAFF scheduling shall be arranged through the MORGAN HILL manager.

2.Management and Supervision -MORGAN HILL shall provide primary management and supervision of STAFF. MORGAN HILL shall communicate monthly with GILROY to ensure that STAFF is providing expected services to GILROY. Any and all disciplinary activities, if needed, shall be conducted solely by MORGAN HILL with costs thereof shared equally by GILROY.

3.Recruitment and Hiring -MORGAN HILL will conduct the recruitment, administer interviews, and complete background analysis to employ STAFF , with costs thereof to be shared equally by GILROY. GILROY shall be invited to participate in the interview and selection process.

4.General Description of Work Acti vities -While it is understood that the work associated with this AGREEMENT is dynamic and may fluctuate over time depending on General Permit requirements and GILROY's interests, the following general work activities are expected to be core activities under the AGREEMENT:
a.Track program accomplishments and work activities to develop related reports.
b.Evaluate the water quality elements of development plans and provide comments to GILROY staff and development applicants.
c.Conduct public education and outreach activities.
d.Assist GILROY staff in identifying other General Permit requirements to be completed by other GILROY departments.

5.Management Services -MORGAN HILL will provide management services to GILROY relating to solid waste management, stormwater pollution prevention, and environmental services. These services will include, but not be limited to, preparing annual regulatory reports recording solid waste diversion, interacting with state and local representatives on GILROY's behalf, representing GILROY at regional meetings, and responding to queries from GILROY staff on a variety of environmental programs.
7 6.5.a
Packet Pg. 100 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared

Staff (50% FTE}
Indirect Service Charges
Training
Cell Phone
Mileage Reimbursement
Total Half Time Staff
Management Staff (12% FTE)
Indirect Service Charges
Total Management

EXHIBIT B

COST ESTIMATE
14-15*15-16
$25,154 $62,886
$674 $1,684
$200 $500
$72 $180
$100 $250
$26,200 $65,500
$27,504 $28,355
$736 $759
$28,241 $29,1 14
16-17 17-18 18-19
$68,011 $73,554 $79,549
$1,821 $1,970 $2,130
$500 $500 $500
$180 $180 $180
$250 $250 $250
$70,762 $76,454 $82,609
$29,206 $30,082 $30,984
$782 $805 $829
$29,987 $30,887 $31,814
Total $54,441 $94,614 $100,750 $107,341 $114,423
*costs for 14/15 are estimated for 40% of the fiscal year for the staff position and 100% of the fiscal year for the management position 8 6.5.a
Packet Pg. 101 Attachment: Morgan Hill Stormwater and Environmental Services Agreement - 2nd Amendment (3740 : Morgan Hill Agreement for Shared

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 YEAR 2022-2023

IN THE GENERAL FUND AND APROPRIATING

PROPOSED EXPENDITURE AMENDMENTS

WHEREAS, the City Council adopted a budget for the City of Gilroy for the Fiscal Year 2022-2023 on June 7, 2021; and

WHEREAS, City Staff has prepared and submitted to the City Council a proposed amendment to said budget for Fiscal Year 2022-2023 for the City of Gilroy in the staff report dated April 18, 2022. The purpose of such amendment is to increase the Environmental Program Fund (100-2404) by $38,798 and appropriate proposed expenditure for the shared services agreement; 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 Fiscal Year 2022-23 are hereby increased in the Environmental Program Contractual Services (100-2404), by $38,798.

PASSED AND ADOPTED this 18th day of April 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

6.5.b
Packet Pg. 102 Attachment: DRAFT Budget Amendment Resolution (3740 : Morgan Hill Agreement for Shared Environmental and Stormwater Services)

City of Gilroy

STAFF REPORT

Agenda Item Title: Claim of Petra Reynoso (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim)
Meeting Date: April 18, 2022
From: Jimmy Forbis, City Administrator
Department: Human Resources Department
Submitted By: LeeAnn McPhillips
Prepared By: LeeAnn McPhillips

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
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection.

EXECUTIVE SUMMARY
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the April 18, 2022 meeting:

• Claim of Petra Reynoso

Attachments:

6.6 Packet Pg. 103

1. Claim of Petra Reynoso

6.6 Packet Pg. 104

6.6.a
Packet Pg. 105 Attachment: Claim of Petra Reynoso (3729 : Claim of Petra Reynoso)

6.6.a
Packet Pg. 106 Attachment: Claim of Petra Reynoso (3729 : Claim of Petra Reynoso)

City of Gilroy

STAFF REPORT

Agenda Item Title: Claim of Jose Manuel Reynoso, Sr. (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim)
Meeting Date: April 18, 2022
From: Jimmy Forbis, City Administrator
Department: Human Resources Department
Submitted By: LeeAnn McPhillips
Prepared By: LeeAnn McPhillips

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
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection.

EXECUTIVE SUMMARY
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the April 18, 2022 meeting:

• Claim of Jose Manuel Reynoso, Sr.

Attachments:

6.7 Packet Pg. 107

1. Claim of Jose Manuel Reynoso, Sr.

6.7 Packet Pg. 108

6.7.a
Packet Pg. 109 Attachment: Claim of Jose Manuel Reynoso, Sr. (3728 : Claim of Jose Manuel Reynoso, Sr.)

6.7.a
Packet Pg. 110 Attachment: Claim of Jose Manuel Reynoso, Sr. (3728 : Claim of Jose Manuel Reynoso, Sr.)

City of Gilroy

STAFF REPORT

Agenda Item Title: Award a Contract to Norcal Contractor for the Eigleberry and Seventh Parking Lot Project (No. 20-PW-444), and approve a project expenditure of $2,310,000
Meeting Date: April 18, 2022
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Daryl Jordan
Prepared By: Gary Heap
Gary Heap

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
a) Adopt a resolution of the City Council of the City of Gilroy amending the Fiscal Year 2021-22 budget to appropriate an additional $810,000 to this project:
$300,000 from the fund balance in the Facilities Internal Service Fund (Fund 651); $260,000 from the fund balance in the Capital Projects Fund (Fund 400); and $250,000 in a pavement program reimbursement t ransfer from the Gas Tax Fund (Fund 213) into the Capital Projects Fund (Fund 400), and appropriate its use for the project.
b) Award a Contract to Norcal Contractor in the amount of $1,825,485.38 with an additional project contingency of $182,549 (10%), for a total construction cost of $2,008,034 and $301,966 for costs associated with design, permitting and advertising for a total project cost of $2,310,000 for the Eigleberry and Seventh Parking Lot Project, No. 20-PW-444, and authorize the City Administrator to

7.1 Packet Pg. 111

execute the contract and associated documents.

EXECUTIVE SUMMARY
The Eigleberry and Seventh Parking Lot Project, No. 20 -PW-444, (Project) includes construction of a 140-space surface parking lot along Seventh Street between Eigleberry Street and Gourmet Alley.

On November 16, 2020, Council approved the Capital Improvement Program for fiscal years 2020-2021 through 2024-2025 and adopted a resolution that amended the budget for fiscal year 2020-2021 and appropriated proposed expenditure amendments for the Capital Improvement Program for fiscal years 2020-2021 through 2024-2025.

Staff received six bids for the construction of the Project. The lowest responsive Base Bid (including 10% contingency) was $1,862,366. The Project includes two Bid Alternates. The total construction cost for the Base Bid, Bid Alternate No. 1, and Bid Alternate No. 2 (including 10% contingency) is $2,008,034.

Staff is recommending Council adopt a resolution to amend the budget for the fiscal year 2021-2022 and increase appropriations in the Capital Projects Fund (Fund 400) by $810,000 to fully fund the Project. The total cost of the project, including design, construction of the base bid items and the amenities provided by the two bid alternatates, contingency, and incidental costs is a maximum of $2,310,000.

BACKGROUND
In January of 2020, to address the need for additional parking in the Downtown, Council approved to apply funding towards the design and construction of a new surface parking lot at the northeast corner of Eigleberry and Seventh Streets. On November 16, 2020, Council approved the FY2021 through FY2025 Capital Improvement Program and adopted the related budget action funding the project estimate of $1,500,000. It is important to note that these estimates were placeholders until the project could be bid.

As the bids reflect, the cost of both materials and labor have significantly increased over the past two years for numerous reasons. Labor shortages in the construction industry and skyrocketing oil prices are driving up asphalt prices to name a few.

On September 21, 2020, Council awarded a contract to BKF Engineers in the amount of $241,396 for the design of the Project. Council was presented with three alternative parking lot layout options on April 19, 2021. Th ese designs were presented in meetings with the Chamber of Commerce, Gilroy Downtown Business Association, Bicycle Pedestrian Commission, and a public meeting with the surrounding neighborhood on June 24, 2021. Council approved layout Alternative 2 and dir ected staff to move forward with finalizing the design of the Project.

The Project includes construction of a 140 -space surface parking lot along Seventh Street between Eigleberry Street and Gourmet Alley, with hot mix asphalt paving and

7.1 Packet Pg. 112

associated signing and striping; concrete flatwork; ADA-compliant curb ramps; a bioretention facility and drainage infrastructure; electric vehicle (EV) charging infrastructure; lighting; landscaping; and various bicycle and pedestrian amenities. The project had three main alternative designs that were presented to multiple stakeholder groups and the City Council. Ultimately, Alternative #2 was selected, as it provided the highest number of parking spaces, represented the lowest cost, and had the most support among the stakeholders.

ANALYSIS
The Project was advertised in the San Jose Mercury News and on the City’s website on March 18, 2022. There was one addendum issued for the Project. Staff conducted the bid opening on April 5, 2022.

Staff received six bids for the Project. A summary of the bids is provided below.

Rank Company Base Bid Bid Alt 1 Bid Alt 2 Total Bid
1 Norcal
Contractor $1,693,059.58 $102,495.80 $29,930.00 $1,825,485.38 2 The Don Chapin
Company, Inc. $2,195,000.00 $110,000.00 $7,000.00 $2,312,000.00 3 Monterey Peninsula
Engineering $2,199,480.00 $120,000.00 $10,000.00 $2,329,480.00 4 Granite Rock
Company $2,258,779.00 $113,000.00 $30,475.00 $2,402,254.00 5 Anderson Pacific
Engineering Construction,
Inc.
$2,293,445.00 $95,000.00 $43,000.00 $2,431,445.00
6 Redgwick
Construction Co $2,421,475.00 $93,200.00 $24,750.00 $2,539,425.00

Bid Alternate #1 is for the installation of seven (7) electric vehicle charging stations in the southeast corner of the parking lot.

Bid Alternate #2 is for the installation of two (2) bike lockers bike lockers with the capacity to store two bicycles each.

The lowest responsive bidder was based on the Base Bids. Staff recommends awarding the contract to the lowest responsive bidder, Norcal Contractor, with a total bid of $1,825,485.38. The lowest Base Bid was approximately 20% lower than the Engineer’s Estimate.

7.1 Packet Pg. 113

ALTERNATIVES
Council may alternatively choose to do the following:

1. Council may reject all bids. Staff does not recommend this option. Future bids will likely see higher prices, and this project is one of the three Council economic development project goals.

2. Council may award just the base bid. Staff does not recommend this option. This would result in the parking lot having the underground infrastructure for ele ctric vehicle charging, but not the above-ground electric vehicle chargers. The above - ground electric vehicle chargers would need to be added at a later date, most likely at a higher cost. The parking lot would also lack bike lockers. The addition of bike lockers would promote active transportation within the community.

3. Council may award the base bid and only one of the two bid alternates. Staff does not recommend this option for the reasons stated above.

FISCAL IMPACT/FUNDING SOURCE
The Total Bid, including the Base Bid and Bid Alternates 1 and 2, is $1,825,485.38.

Staff recommends including a 10% contingency of $182,549, for a total construction allocation of $2,008,034. The contingency is intended to account for unforeseen conditions or changes in the scope of work that may occur during construction.

Project Description Associated Costs
Design & Incidentals* – (BKF) $301,966
Construction – (Norcal) – Base Bid $1,693,059.58
Construction – (Norcal) – Bid Alt #1 $102,495.80
Construction – (Norcal) – Bid Alt #2 $29,930.00
10% Construction Contingency $182,549
Construction + Contingency Total $2,008,034
Total Project Cost (Design + Construction) $2,310,000
*Includes design, permitting, PG&E costs, CEQA, etc.

The total cost of the Project, including design, construction, contingency, and incidental costs is a maximum of $2,310,000. To ensure this project is a success, it is recommended that the additional alternatives are included in this project, even with the higher amount than originally budgeted.

Staff recommends the City Council adopt a resolution to amend the FY22 budget to appropriate an additional $810,000 for a total of $2,310,000 to construct the Project.

7.1 Packet Pg. 114

During 2020 the City Council authorized the usage of unassigned General Fund fund balance to be transferred to the Capital Projects Fund for this project, and a total of $1,500,000 was approved via the adoption of the Capital Improvement Program. To fully fund the Project, a series of appropriations from various fund balances are needed.

These include:

1. $300,000 in appropriations from the fund balance in the Facilities Internal Service Fund (Fund 651), and transfer to and appropriate within the Capital Projects Fund (Fund 400) for this project. The City received a grant from the California Office of Emergency Services (CalOES) for the City Hall Backup Generator project in the amount of $300,000 which would have otherwise came from the Facilities fund balance.

2. $260,000 in appropriations from the fund balance currently in the Capital Projects Fund (Fund 400) to be appropriated for this project. These funds were originally allocated for land acquisition associated with the agriculture mitigation for the Sports Park, but in the pandemic Recovery Plan that allocation was cancelled resulting in this fund balance being available.

3. $250,000 in a reimbursement transfer from the Gas Tax Fund (Fund 213) to the Capital Projects Fund (Fund 400) to be appropriated for this project.

Funding Source Adopted FY22
Budget
Proposed FY22
Amended
Budget
Proposed
Budget
Amendment
Sources
Capital Projects Fund (400) $1,500,000 $2,310,000 $260,000 Facilities Internal Service
Fund (651) $0 $0 $300,000
Gas Tax Fund (213)
Reimbursement $0 $0 $250,000
Total $1,500,000 $2,310,000 $810,000

Staff feels that this project is of such a high priority that we are proposing to allocate fund balances to the project, including reimbursements from the Gas Tax fund for some pavement projects, to make sure the new parking lot at Eigleberry and Seventh Street turns out to be a signature project. This is also important as this project will essentially be located at the southern entrance/exit for Gourmet Alley, one of the three economic development project priorities of the City Council. This parking lot project will complement the Gourmet Alley project, each adding to the benefit of the other.

Development of this project and the timing of the Clean California grant award for development of Gourmet Alley is extremely fortuitous, allowing both projects to continue development concurrently, and for construction of these capital projects to be within 1-2 years of each other.

7.1 Packet Pg. 115

PUBLIC OUTREACH

Residents and businesses affected by the Project will be notified two weeks and 48 hours in advance of the start of construction. The project and its de sign alternatives were presented to multiple stakeholder groups, including the City Council, Chamber of Commerce, Gilroy Downtown Business Association, Bicycle Pedestrian Commission, and a public meeting with the surrounding neighborhood on June 24, 2021.

NEXT STEPS
Upon Council’s approval of this contract, the contract will be executed and Staff will work with the contractor to develop a final project schedule. Construction is expected to begin this Summer of 2022 and be substantially completed in December 2022.

Attachments:

1. Norcal Contractor - Agreement

2. 20-PW-444 Plans

3. Resolution Budget Amendment

7.1 Packet Pg. 116

7.1.a
Packet Pg. 117 Attachment: Norcal Contractor - Agreement (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

7.1.a
Packet Pg. 118 Attachment: Norcal Contractor - Agreement (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

7.1.a
Packet Pg. 119 Attachment: Norcal Contractor - Agreement (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

3/16/2022

7.1.b
Packet Pg. 120 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

GENERAL NOTES 2

NTSCITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 AL
WL
MC
3/14/2022
20-PW-444
3/15/2022
3/14/2022
3/14/2022
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9135
www.bkf.com
GN-1

7.1.b
Packet Pg. 121 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 AL
WL
MC
3/14/2022
20-PW-444
3/15/2022
3/14/2022
3/14/2022
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9135
www.bkf.com PROJECT CONTROL PLAN 3
PC-11" = 30'

7.1.b
Packet Pg. 122 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 AL
WL
MC
3/14/2022
20-PW-444
3/15/2022
3/14/2022
3/14/2022
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9135
www.bkf.com TYPICAL CROSS SECTIONS 4
X-1NTS

7.1.b
Packet Pg. 123 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 AL
WL
MC
3/14/2022
20-PW-444
3/15/2022
3/14/2022
3/14/2022
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9135
www.bkf.com DEMOLITION PLAN 5
DM-11" = 20'

7.1.b
Packet Pg. 124 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 AL
WL
MC
3/14/2022
20-PW-444
3/15/2022
3/14/2022
3/14/2022
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9135
www.bkf.com LAYOUT PLAN 6
L-11" = 20'

7.1.b
Packet Pg. 125 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 AL
WL
MC
3/14/2022
20-PW-444
3/15/2022
3/14/2022
3/14/2022
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9135
www.bkf.com GRADING & DRAINAGE PLAN 7
GD-11" = 20'

7.1.b
Packet Pg. 126 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 AL
WL
MC
3/14/2022
20-PW-444
3/15/2022
3/14/2022
3/14/2022
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9135
www.bkf.com DRAINAGE PROFILE 8
GD-2AS SHOWN

7.1.b
Packet Pg. 127 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 AL
WL
MC
3/14/2022
20-PW-444
3/15/2022
3/14/2022
3/14/2022
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9135
www.bkf.com UTILITY PLAN 9
U-11" = 20'

7.1.b
Packet Pg. 128 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 AL
WL
MC
3/14/2022
20-PW-444
3/15/2022
3/14/2022
3/14/2022
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9135
www.bkf.com CONSTRUCTION DETAILS 10
CD-1NTS

CURB RAMP DETAILS MONOLITHIC CURB & GUTTER
CURB & GUTTER REPLACEMENT TYPE "A-1" CURB MONOLITHIC SIDEWALK NON-RESIDENTIAL DRIVEWAY

CURB RAMP DETAILS

7.1.b
Packet Pg. 129 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 AL
WL
MC
3/14/2022
20-PW-444
3/15/2022
3/14/2022
3/14/2022
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9135
www.bkf.com CONSTRUCTION DETAILS 11
CD-2NTS

ACCESSIBLE PARKING OFF-STREET SAWCUT DETAIL TRENCH RESTORATION/BACKFILL

CURB DRAIN SEPARATED SIDEWALK

7.1.b
Packet Pg. 130 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 AL
WL
MC
3/14/2022
20-PW-444
3/15/2022
3/14/2022
3/14/2022
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9135
www.bkf.com CONSTRUCTION DETAILS 12
CD-31" = 5'

DETAIL DETAIL

DETAIL DETAIL DETAIL

7.1.b
Packet Pg. 131 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 AL
WL
MC
3/14/2022
20-PW-444
3/15/2022
3/14/2022
3/14/2022
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9135
www.bkf.com CONSTRUCTION DETAILS 13
CD-4AS SHOWN

SECTION

BIORETENTION AREA

SECTION

7.1.b
Packet Pg. 132 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 AL
WL
MC
3/14/2022
20-PW-444
3/15/2022
3/14/2022
3/14/2022
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9135
www.bkf.com CONSTRUCTION DETAILS 14
CD-5AS SHOWN

SECTION

BIORETENTION AREA

SECTION

7.1.b
Packet Pg. 133 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 AL
WL
MC
3/14/2022
20-PW-444
3/15/2022
3/14/2022
3/14/2022
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9135
www.bkf.com CONSTRUCTION DETAILS 15
CD-6NTS

CONCRETE LATERAL BRACING

CONCRETE LATERAL BRACING

STANDARD FIELD INLET

7.1.b
Packet Pg. 134 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 AL
WL
MC
3/14/2022
20-PW-444
3/15/2022
3/14/2022
3/14/2022
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9135
www.bkf.com CONSTRUCTION DETAILS 16
CD-7NTS

7.1.b
Packet Pg. 135 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 AL
WL
MC
3/14/2022
20-PW-444
3/15/2022
3/14/2022
3/14/2022
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9135
www.bkf.com CONSTRUCTION DETAILS 17
CD-81" = 5'
DETAIL

7.1.b
Packet Pg. 136 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

EVEVEVEVEVEVEV

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 AL
WL
MC
3/14/2022
20-PW-444
3/15/2022
3/14/2022
3/14/2022
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9135
www.bkf.com SIGNING & STRIPING PLAN 18
PD-11" = 20'
’

7.1.b
Packet Pg. 137 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 AL
WL
MC
3/14/2022
20-PW-444
3/15/2022
3/14/2022
3/14/2022
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9135
www.bkf.com EROSION CONTROL PLAN 19
EC-11" = 20'

7.1.b
Packet Pg. 138 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

SECTION A-A
A A

TYPICAL INLET PROTECTION
INLET PROTECTION (TYPE 1)TRENCH DETAIL
(SAG INLET)
(ON GRADE INLET)

TEMPORARY SILT FENCE

TYPICAL INLET PROTECTION

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 AL
WL
MC
3/14/2022
20-PW-444
3/15/2022
3/14/2022
3/14/2022
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9135
www.bkf.com EROSION CONTROL DETAILS 20
EC-2NTS

7.1.b
Packet Pg. 139 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

EIGLEBERRY STREET W 7TH STREETMONTEREY RD

GOURMET ALLEY
L1.1

TREE REMOVAL PLAN
402010
1" = 20' - 0"CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 TZ/JT
KC/TZ
KC
3/15/2022
20-PW-444
3/15/2022
3/15/2022
0 0"12"1"2"2'4'*
*
1 *
21 7.1.b
Packet Pg. 140 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 TZ/JT
KC/TZ
KC
3/15/2022
20-PW-444
3/15/2022
3/15/2022
L2.1

LAYOUT NOTES AND LEGEND
22 7.1.b
Packet Pg. 141 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

*

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 TZ/JT
KC/TZ
KC
3/15/2022
20-PW-444
3/15/2022
3/15/2022
L2.2

PLANTING NOTES AND LEGEND
23 7.1.b
Packet Pg. 142 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

EVEVEVEVEVEVEV
EIGLEBERRY STREET W 7TH STREETGOURMET ALLEY

MONTEREY RD
**
*
L3.1

TREE PLANTING PLAN
402010
1" = 20' - 0"CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 TZ/JT
KC/TZ
KC
3/15/2022
20-PW-444
3/15/2022
3/15/2022
0 0"12"1"2"
1 24

7.1.b
Packet Pg. 143 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

EVEVEVEVEVEVEV
EIGLEBERRY STREET W 7TH STREETGOURMET ALLEY

MONTEREY RD
L3.2

SHRUB PLANTING PLAN
402010
1" = 20' - 0"CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 TZ/JT
KC/TZ
KC
3/15/2022
20-PW-444
3/15/2022
3/15/2022
0 0"12"1"2"
25 7.1.b
Packet Pg. 144 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

EVEVEVEVEVEVEV

A EEEEEE
61"
A-3
101"
A-2
171"
A-1
211"
A-12
201"
A-11
161"
A-10
161"
A-6
191"
A-7
131"
A-5
91"
A-16
81"
A-13
161"
A-14
101"
A-15
141"
A-22
141"
A-21
41"
A-28
91"
A-27
151"
A-4
161"
A-25
131"
A-24
191"
A-23
201"
A-26
151"
A-18
111"
A-19
151"
A-20
201"
A-17
111"
A-8
141"
A-9
EIGLEBERRY STREET W 7TH STREETGOURMET ALLEY

MONTEREY RD

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 TZ/JT
KC/TZ
KC
3/15/2022
20-PW-444
3/15/2022
3/15/2022
L4.1

IRRIGATION PLAN
1" = 20' - 0"
4020100
0"12"1"2"

LATERAL LINE SIZING CHART

SHRUB BUBBLERS

SPRINKLER TYPE GPM
3/4"
1"
PIPE SIZE NO. OF
BUBBLERS*
34-66
1-33
* QUANTITY INDICATES NO. OF BUBBLERS, NOT NO. OF
TREES. THERE ARE TWO BUBBLERS PER TREE AND ONE
BUBBLER PER SHRUB.

TREE BUBBLERS 3/4"
1"11-20
1-10
1 1/4"67-133
1 1/2"134-166
1 1/4"21-40

9.15-15
1-9

15.15-24

24.15-30

0.15 GPM

0.50 GPM 9.5-15
1-9

15.5-24
10 16
40 70
25 CONDUIT SIZE
1" DIAMETER
1 1/4" DIAMETER
1 1/2" DIAMETER
2" DIAMETER
3" DIAMETER

PVC CONDUIT SIZING CHART

MAXIMUM NUMBEROF CONDUCTORS
26 7.1.b
Packet Pg. 145 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

”
”
“”
”
”
·
·
·
·
·
·
·

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 TZ/JT
KC/TZ
KC
3/15/2022
20-PW-444
3/15/2022
3/15/2022
L4.2

IRRIGATION NOTES AND
LEGEND
NTS
27 7.1.b
Packet Pg. 146 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 TZ/JT
KC/TZ
KC
3/15/2022
20-PW-444
3/15/2022
3/15/2022
L4.3

IRRIGATION DETAILS
NTS
28 7.1.b
Packet Pg. 147 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

PRE-FABRICATED

FINISH GRADE

ROOTBALL
TREE

BUBBLER

SWING JOINT

ASSEMBLY

LOCATE BUBBLER TUBES
ADJACENT TO ROOTBALL.
12"

PVC LATERAL LINE

ROOT WATERING SYSTEM WITH GRATE,

SWING JOINT ASSEMBLY AND BUBBLER
INSTALLED 1" ABOVE GRADE (FLUSH TO
GRADE IN TURF AREAS).

NOTES:

1. BUBBLER TREE TO BE PLACED UPHILL SIDE OF
ROOTBALL. REFER TO PLANS FOR NUMBER OF
BUBBLERS PER EACH TREE.

FINISH GRADE.

PVC TEE OR ELBOW.

PVC LATERAL LINE.

BUBBLER (SEE LEGEND)
2"-4"
12"
NOTES:

1.INSTALL ONE BUBBLER WITHIN PLANTING BASIN PINNED TO EDGE OF ROOTBALL .
1/2" I.P.S. FLEXIBLE PVC BY SALCO LENGTH AS REQUIRED (NOT TO EXCEED 8'). USE WELD-ON 795 FLEXIBLE PVC GLUE FOR ALL FLEX TO RIGID PVC APPLICATIONS.

SHRUB - SEE PLANS
TORO T-226-50 STEEL SOIL STAPLE (OR EQUAL) TO HOLD

BUBBLER PERPENDICULAR TO GRADE
1/2" SCHEDULE 40 PVC SLIP X THREAD MALE ADAPTER

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 TZ/JT
KC/TZ
KC
3/15/2022
20-PW-444
3/15/2022
3/15/2022
L4.4

IRRIGATION DETAILS
NTS
10 16
40 70
25 CONDUIT SIZE
1" DIAMETER
1 1/4" DIAMETER
1 1/2" DIAMETER
2" DIAMETER
3" DIAMETER

PVC CONDUIT SIZING CHART

MAXIMUM NUMBEROF CONDUCTORS

FRONT VIEW SIDE VIEW

1. RAIN MASTER DXi SERIES CONTROLLER PANEL MOUNTED FLUSH ON FACE OF ENCLOSURE AT 25 DEGREE ANGLE FOR EASY ACCESS AND VIEWING.

2. PISTON CONNECTED TO FLIP TOP.

3. RAINMASTER STAINLESS STEEL CONTROLLER ENCLOSURE MODEL PSB.

4. CONTROLLER SUBASSEMBLY

5. GFI OUTLET AND SWITCH.

6. SCHEDULE 40 GREY PVC ELECTRICAL CONDUITS WITH SWEEP ELL FOR LOW VOLTAGE WIRE AND COMMUNICATION CABLE.

7. #8 AWG GROUNDING WIRE

8. FINISH GRADE

9. 120 VOLT ELECTRICAL SERVICE PER LOCAL CODES.

10. 5/8" X 8' LONG COPPER CLAD GROUNDING ROD (INSIDE ENCLOSURE)

11. 4" THICK CONCRETE SLAB OVER 4" COMPACTED AGGREGATE BASE. EXTEND 6" BEYOND ALL SIDES OF ENCLOSURE.

12. STEEL TEMPLATE WITH MOUNTING BOLTS ATTACHED (INCLUDED WITH WITH ENCLOSURE)

13. RADIO ANTENNA (WHERE SPECIFIED).

14. 36"X36" CONCRETE PAD IN FRONT OF CONTROLLER
29 7.1.b
Packet Pg. 148 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 TZ/JT
KC/TZ
KC
3/15/2022
20-PW-444
3/15/2022
3/15/2022
L4.5

IRRIGATION CALCULATION
NTS

IRRIGATION SCHEDULES
NOTES:

THE CHARTS ARE INTENDED TO BE USED AS A GUIDELINE ONLY AND INDICATE APPROXIMATE RUN TIMES (IN MINUTES) FOR EACH ZONE BASED ON ESTIMATED WEEKLY WATER REQUIREMENTS FOR ESTABLISHED PLANT MATERIAL. THE FIGURES

SHOWN IN THIS SCHEDULE ARE APPROXIMATE AND HAVE BEEN DEVELOPED FROM LOCAL CURRENT AVERAGES FOR

EVAPOTRANSPIRATION, AND REFLECT MAXIMUM IRRIGATION REQUIREMENTS OF THE PLANT MATERIAL BASED ON PLANT TYPE AND SPACING. ACTUAL RUN TIMES MAY BE DIFFERENT DEPENDING ON A VARIETY OF FACTORS INCLUDING TOPOGRAPHY, SOIL STRUCTURE, SUN AND WIND EXPOSURE, WEATHER, ACTUAL PLANT WATER REQUIREMENTS, ETC.

I HAVE COMPLIED WITH THE CRITERIA OF THE ORDINANCE AND

APPLIED THEM FOR THE EFFICIENT USE OF WATER IN THE
LANDSCAPE DESIGN PLANS.

BY: DATE:

LIC NO.: 6032
3/15/2022
30 7.1.b
Packet Pg. 149 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

1 2

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 TZ/JT
KC/TZ
KC
3/15/2022
20-PW-444
3/15/2022
3/15/2022
L5.1

CONSTRUCTION DETAILS
4 3
”
5 31

7.1.b
Packet Pg. 150 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

CITY OF GILROY

DEPARTMENT OF PUBLIC WORKS
7351 ROSANNA STREET
GILROY, CALIFORNIA 95020
MAIN (408) 846-0451 I FAX (408) 846-0469

DOWNTOWN PROJECT

EIGLEBERRY AND SEVENTH PARKING LOT
41 TZ/JT
KC/TZ
KC
3/15/2022
20-PW-444
3/15/2022
3/15/2022
L5.2

CONSTRUCTION DETAILS
3 1
245
6 32

7.1.b
Packet Pg. 151 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

7.1.b
Packet Pg. 152 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

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Packet Pg. 153 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

7.1.b
Packet Pg. 154 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

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Packet Pg. 155 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

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Packet Pg. 156 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

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Packet Pg. 157 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

7.1.b
Packet Pg. 158 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

7.1.b
Packet Pg. 159 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

7.1.b
Packet Pg. 160 Attachment: 20-PW-444 Plans (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF GILROY AMENDING THE BUDGET FOR
THE CITY OF GILROY FOR 2021-2022 AND

APPROPRIATING PROPOSED EXPENDITURE

AMENDMENTS

WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 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 proposed amendments to said budget for Fiscal Year 2021-2022 for the City of Gilroy in the staff report dated April 18, 2022 for the Eigleberry and Seventh Parking Lot, City Project No. 20-PW-444.

NOW, THEREFORE, BE IT RESOLVED THAT the appropriations for Fiscal Year 2021-2022 in Fund 440 – Capital Projects Fund shall be increased by $810,000; in Fund 213 – Gas Tax shall be increased by $250,000 and transferred to Fund 400 – Capital Projects Fund; and in Fund 651 – Facilities Internal Service Fund shall be increased by $300,000 and transferred to Fund 400 – Capital Projects Fund.

PASSED AND ADOPTED this 18th day of April 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

7.1.c
Packet Pg. 161 Attachment: Resolution Budget Amendment (3684 : Award Contract for Eigleberry and Seventh Parking Lot Project)

City of Gilroy

STAFF REPORT

Agenda Item Title: Award a Contract to McKim Corporation for the FY22 Citywide Pavement Maintenance Project (No. 22-PW-273), and approve a project expenditure of $4,518,787
Meeting Date: April 18, 2022
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Daryl Jordan
Prepared By: Gary Heap
Gary Heap

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
a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for the City of Gilroy for Fiscal Year 2021-2022 and appropriating proposed expenditure amendments; and
b) Award a Contract to McKim Corporation in the amount of $4,107,988.27 with an additional project contingency of $410,798 (10%), for a total construction cost of $4,518,787 for the FY22 Citywide Pavement Maintenance Project, No. 22-PW- 273, and authorize the City Administrator to execute the contract and associated documents.

EXECUTIVE SUMMARY

7.2 Packet Pg. 162

On November 16, 2020, Council approved the Capital Improvement Program for fiscal years 2020-2021 through 2024-2025 and adopted a resolution that amended the budget for fiscal year 2020-2021 and appropriated proposed expenditure amendments for the Capital Improvement Program for fiscal years 2020 -2021 through 2024-2025. Council approved the City’s 5-Year Street Repair Program on September 13, 2021.

Staff received four bids for the construction of the Project. The lowest responsive Base Bid (including 10% contingency) was $4,323,064. The Project includes one Bid Alternate. The total Project cost for the Base Bid and Bid Alternate No. 1 (including 10% contingency) is $4,518,787.

Staff is recommending Council adopt a resolution to amend the budget for fiscal year 2021-2022 and increase appropriations in Gas Tax Fund 2103 (Fund 213) by $968,787 to fully fund the Project.

BACKGROUND
On March 8, 2021, Public Works Engineering staff presented an Introduction to the City’s 5-Year Street Repair Program. This included discussions on pavement alternatives, pavement restoration approach, pavement program funding scenarios, and funding options. Through those discussions, Council approved a blended pavement restoration approach and approved an increase the City’s annual paving budget from $1.8M per year to $3.9M per year for the next five years to improve the City’s Pavement Condition Index (PCI) from its then-current rating of 62 to a rating of 67.

On September 13, 2021, Council approved the City’s 5-Year Street Repair Program.

The FY22 Citywide Pavement Maintenance Project will conduct pavement preventive maintenance and rehabilitation of 149 street segments. The scope of work includes milling, associated pavement resurfacing and restriping, associated concrete flatwork, installation of ADA-compliant curb ramps, adjustment of utilities to grade, sl urry seal, microsurfacing, asphalt rubber cape seal, micro -milling, striping, signage, traffic signal loop replacement, and other incidental work.

The street segments included in the Project are listed in Attachment 1. Public Works Department staff selected the Project’s street segments based on the City’s pavement management software program, StreetSaver; the list of streets approved by Council; and feedback from the Public Works Operations Division street maintenance crews.

ANALYSIS
The FY22 Citywide Pavement Maintenance Project was advertised in the San Jose Mercury News and on the City’s website on March 9, 2022. There was one addendum issued for the Project. Staff conducted the bid opening on March 28, 2022.

Staff received four bids for the Project. A summary of the bids is provided below.

7.2 Packet Pg. 163

Rank Company Base Bid Bid Alt 1 Total Bid
1 McKim Corporation $3,930,030.59 $177,957.68 $4,107,988.27 2 VSS International $4,464,140.00 $194,103.00 $4,658,243.00 3 Teichert Construction $4,530,387.00 $231,598.00 $4,761,985.00 4 Graniterock Company $4,613,899.86 $196,381.00 $4,810,280.86

The lowest responsive bidder was determined based on the Base Bids. Staff recommends awarding the contract to the lowest responsive bidder, McKim Corporation, with a total bid of $4,107,988.27 (including Bid Alternate 1). The Engineer’s Estimate was prepared using the City’s historical data from previous similar projects.

The lowest responsive bid (Base Bid + Bid Alternate 1) is less than one percent lower than the Engineer’s Estimate.

ALTERNATIVES
The alternative to the staff recommendation is to reject all bids. Staff does not recommend this option.

FISCAL IMPACT/FUNDING SOURCE
The Total Bid, including the Base Bid and Bid Alternate 1, is $4,107,988.27. Staff recommends including a contingency of $410,798 (10%) for a total construction allocation of 4,518,787. The 10% contingency is to account for unforeseen conditions or necessary field changes in the scope of work during construction .

In June 2021, Council adopted the FY22 and FY23 Operating and Capital budgets and appropriated $3,400,000 for the FY22 Annual Paving Program from the General Fund (Fund 100), SB-1 (Fund 215), and Measure B (Fund 216).

Council approved the City’s 5-Year Street Repair Program on September 13, 2021. At that time, the staff report identified an additional $500,000 from either SB1 or Measure B fund balance, for a total of $3,900,000 in funding for the FY22 and FY23 Citywide Pavement Maintenance Projects.

Staff recommends the City Council adopt a resolution to amend the FY22 budget to appropriate an additional $1,118,787 for a total of $4,518,787 to construct the Project.

There are sufficient funds in Gas Tax Fund 2103 (Fund 213) fund balance to cover the deficit.

Funding Source
Adopted
FY22
Budget
Proposed FY 22
Budget
Proposed Budget
Amendment
General Fund (Fund 100) $1,600,000 $1,600,000 $0

7.2 Packet Pg. 164

SB-1 (Fund 215) $900,000 $900,000 $0
Measure B (Fund 216) $900,000 $900,000 $0
Gas Tax Fund 2103 (Fund 213) $0 $1,118,787 $1,118,787
Total $3,550,000 $1,118,787 $1,118,787

PUBLIC OUTREACH

Project stakeholders including residents, schools, and businesses affected by the project will be notified 10 working days and 48 hours in advance of the start of construction in each neighborhood. The City will also conduct extensive public outreach through a social media campaign.

NEXT STEPS
Upon Council’s approval of this contract, the contract will be executed and Staff will work with the contractor to develop a final project schedule. Construction is expected to begin in May 2022 and be completed in October 2022.

Attachments:

1. Street Segments- Attachment 1

2. Draft Resolution Fund 213 Budget Amendment

3. McKim Corp - Agreement

7.2 Packet Pg. 165

1 ACORN WY END VALLEY OAKS DR
2 ALDER ST STARLING DR THOMAS RD
3 ALEXANDER ST LEWIS ST NINTH ST
4 ARMAND CT WREN AVE END
5 ARROWHEAD CT END RANCHO HILLS DR
6 ASHBURY CT END ALDER ST
7 AZARA ST STONECRESS ST MANTELLI DR
8 BANYAN ST LINARIA ST E END
9 BLACKFOOT CT GERONIMO ST CUL DE SAC
10 BLUE HERON CT END PEREGRINE DR
11 BUNTING CT SUNRISE DR CUL DE SAC
12 CANYON CT CHEYENNE DR CUL DE SAC
13 CARMEL ST FIRST ST EL CERRITO WY
14 CHADWICK ST HOXETT ST WENTZ DR
15 CHARLES LUX DR GREENFIELD DR CIMINO ST
16 CHERRYWOOD CT SPRIG WAY CUL DE SAC
17 CHEYENNE DR SADDLER WY GRANDE DR
18 CHURCH ST FIRST ST SEVENTH ST
19 CIELO VISTA CT DANCING WIND

WAY CUL DE SAC
20 CIELO VISTA LN DANCING WIND
WAY
DREAM

CATCHER WAY
21 CLARK WY CRAWFORD DR WREN AVE
22 COLUMBINE CT MANTELLI DR END
23 COMANCHE ST SUNRISE DR PUBELO
24 CONCORD PL NINTH ST END
25 COOPER PL JICARRILLA PL SUNRISE DR
26 CORAL BELL CT END PERIWINKLE DR
27 COUNTRY DR BLUEBELL DR MANTELLI DR
28 COYOTE MOON LN DREAM CATCHER

WAY SUNRISE DR
29 CRAWFORD DR SANTA PAULA DR END
30 CREST HILL CT RANCHO HILLS
DR END
31 CREST HILL WY END

RANCHO HILLS
DR
32 CYPRESS CT LAUREL DR PONDEROSA DR
33 CYPRESS CT PONDEROSA DR END
34 DAFODIL PL MANTELLI DR ZINNIA ST
35 DANCING WIND WAY RANCHO HILLS CT CIELTO VISTA LANE
36 DESERT BLOOM PL O'KEEFE LANE SUNRISE DRIVE
37 DOVE CT CREST HILL WY END
38 DOVETAIL WAY RANCHO HILLS
DR END
39 DREAM CATCHER WY CIELO VISTA WAY SUNRISE DRIVE
40 EAGLE HILLS WY BLANKWING WY
300' S/O

PEREGRINE DR
41 EAGLE HILLS WY 300' S/O

PEREGRINE DR PEREGRINE DR
42 EAGLE VIEW WY LONGMEADOW
DR
241' N/O

QUAILWALK DR
43 EAGLE VIEW WY 241' N/O

QUAILWALK DR PEREGRINE DR
44 EAGLE`S NEST LN EAGLE HILLS WY
324' N/O EAGLE

HILLS WY
45 EAGLE`S NEST LN 324' N/O EAGLE

HILLS WY PEREGRINE DR
46 *EL CAMINITO LERMA LN

LONG MEADOW
DR
47 EL CERRITO WY PARISH WY WREN AVE
48 EL CERRITO WY WREN AVE WAYLAND LN
49 FALCON CT END EAGLE HILLS WY
50 FAIRVIEW DR PRINCEVALLE ST HANNA ST
FY22 Citywide Pavement Maintenance Project Street Segments Segment No. Street Name From To

7.2.a
Packet Pg. 166 Attachment: Street Segments- Attachment 1 (3683 : Award Contract for FY22 Citywide Pavement Maintenance Project)

FY22 Citywide Pavement Maintenance Project Street Segments Segment No. Street Name From To
51 FILICE DR SOUTH END NORTH END
52 FORTUNATA PL FOREST ST GENNARO WAY
53 FOURTH ST SANTA THERESA

DR PRINCEVALLE ST
54 GAGE CT CITY LIMIT WISTERIA DR
55 GARY ST LAWRENCE DR WREN AVE
56 GENNARO WY LEWIS ST

FORTUNATA
PLACE
57 GERONIMO ST ZUNI LANE

SHOSHONE
STREET
58 GOLD FINCH CT SPARROW GLEN

WAY CUL DE SAC
59 GOLDEN SKY WY DREAM CATCHER

WAY SUNRISE DRIVE
60 GRANDE DR CHEYENNE DR SPRIG WAY
61 GREENFIELD DR LUCHESA AV N END GATE
62 GREENFIELD DR OAK BROOK WAY W LUCHESSA AVE
63 HADLEY CT END ROGERS LN
64 HAWTHORNE ST WISTERIA DR ALDER ST
65 HAYFIELD ST POPPYFIELD ST GREENFIELD DR
66 HIRASAKI CT MANTELLI DR CUL DE SAC
67 HOLLYHOCK CT HOLLYHOCK LN CUL DE SAC
68 HOLLYHOCK LN MANTELLI DR HOLLYHOCK CT
69 HOOVER CT END ROGERS LN
70 HOPI LN SUNRISE DR O'KEEFE CT
71 IRONBARK ST STONECRESS ST MANTELLI DR
72 JACKDOW CT END EAGL'S NEST LANE
73 JICARILLA PL EAGLE VIEW WAY COOPER PL
74 KERN AVE MANTELLI DR
536' N/O

MANTELLI DR
75 KERN AVE 858' N/O

MANTELLI DR
1296' N/O MANTELLI DR
(CITY LIMIT)
76 KESTREL CT CREST HILL DR END
77 KIOWA CT JICARILLA PL CUL DE SAC
78 KITE DR PEREGRINE DR SUNRISE DR
79 KOSHARE ST COMANCHE ST SHOSHONE ST
80 LAREDO WY SUNRISE DR

RIO GRANDE
WY
81 LARKSPUR LN MANTELLI DR HOLLYHOCK LN
82 LEXINGTON PL END

PRINCEVALLE
ST
83 LINARIA ST BANYAN ST OLEA CT
84 LINNET CT DOVETAIL WAY CUL DE SAC
85 LISA CT END NICOLE WY
86 LONGMEADOW CT RANCHO HILLS

DR W END
87 MANTELLI DR ZINNIA ST HIRASAKI AVE
88 NAVAJO CT CHEYENNE DR CUL DE SAC
89 NICOLE CT END NICOLE WY
90 NICOLE WY MESA RD CARIGNANE DR
91 NINTH ST VALLEY FORGE
DR

PRINCEVALLE
ST
92 NINTH ST CHURCH ST MONTEREY RD
93 NONAME UNO AVE LAS ANIMAS RD COHANSEY
94 NORTH EGRET CT CREST HILL DR END
95 OHLONE WAY SUNRISE DR SPRIG WAY
96 OKEEFE CT COYOTE MOON LN E. END CDS
97 ORCHARD DR CUMBERLAND DR SIXTH ST
98 PEREGRINE DR RANCHO HILLS

DR EAGLE VIEW WY
99 PERIWINKLE DR END MANTELLI DR
100 PONDEROSA DR THIRD ST CYPRESS CT

7.2.a
Packet Pg. 167 Attachment: Street Segments- Attachment 1 (3683 : Award Contract for FY22 Citywide Pavement Maintenance Project)

FY22 Citywide Pavement Maintenance Project Street Segments Segment No. Street Name From To
101 POPPYFIELD CT END OAK BROOK WY
102 PRAIRIE OWL CT SPRIG WY N. END CDS
103 PUEBLO CT SHOSHONE ST W. END
104 QUAILWALK DR PEREGRINE DR 500' SOUTH OF PEREGRINE DR 105 RANCHO HILLS CT END MANTELLI DR
106 RANCHO HILLS DR CARRIAGE DR

VALLEY OAKS
DR
107 RENZ LN 1085' W. OF

CAMINO ARROYO
CAMINO
ARROYO
108 RIO GRANDE WY LAREDO WY SEDONA WY
109 ROCKROSE CT LARKSPUR LN END
110 ROGERS LN SIXTH ST LEWIS ST
111 SADDLER DR CHEYENNE DR SPRIG WY
112 SAN JUSTO ROAD MILLER RD END
113 SANTA BARBARA DR HERSMAN DR
SAN

MIGUEL DR
114 SANTA INEZ CT SAN MIGUEL ST END
115 SANTA MARIA CT SAN MIGUEL ST END
116 SANTA PAULA DR CRAWFORD DR
SAN

MIGUEL DR
117 SEDONA WY SUNRISE DR

RIO GRANDE
WY
118 SHOOTING STAR CT HOLLYHOCK LANE CUL DE SAC
119 SHOSHONE ST KOSHARE

STREET PUBELO COURT
120 SIXTH ST CHURCH ST RR TRACKS
121 SOLANA DR VALBUSA DR

LONGMEADOW
DR
122 SOUTH EGRET CT END CREST HILL DR
123 SPARROW GLEN WAY DOVETAIL WAY SUNRISE DR
124 SPRIG WY SADDLER WY GRANDE DR
125 ST FRANCIS CT SAN MIGUEL ST END
126 STONECRESS ST COUNTRY DR BANYAN ST
127 STONEY CT END SIXTH ST
128 STRAWBERRY LANE SUNFLOWER CIR COUNTRY DR
129 SUNFLOWER CIR WEST END

STRAWBERRY
LN
130 SUNFLOWER CIR STRAWBERRY LN COUNRTY DR
131 TAPESTRY DR SUNRISE DR N. END
132 TEA TREE CT CREST HILL WAY END
133 TENTH ST PRINCEVALLE ST
150' E/O

ROSANNA ST
134 TENTH ST 150 E/O ROSANNA

ST MONTEREY RD
135 THIRD ST PRINCEVALLE ST MONTEREY RD
136 VALLEY FORGE DR TENTH ST NINTH ST
137 VALLEY OAKS CT CREST HILL DR END
138 VALLEY OAKS DR CREST HILL DR

RANCHO HILLS
DR
139 VIOLET WY KELTON DR CUL DE SAC
140 WAYLAND LN EL CERRITO WY CUL DE SAC
141 WHEATFIELD END HAYFIELD ST
142 WILDGRASS CT END POPPYFIELD CT
143 WILDROSE CT SUNFLOWER CIR CUL DE SAC
144 WISTERIA DR HAWTHORNE ST THOMAS RD
145 WREN AVE 125' S/O

WELBURN AVE
125' S/O

LAWRENCE DR
146 YUCCA CT CHEYENNE DR CUL DE SAC
147 ZINNIA ST VIOLET WY MANTELLI DR
148 ZINNIA ST MANTELLI DR DAFFODIL PL
149 ZUNI LN SUNRISE DR PUEBLO CT
*Bid Alternate No. 1

7.2.a
Packet Pg. 168 Attachment: Street Segments- Attachment 1 (3683 : Award Contract for FY22 Citywide Pavement Maintenance Project)

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF GILROY AMENDING THE BUDGET FOR
THE CITY OF GILROY FOR 2021-2022 AND

APPROPRIATING PROPOSED EXPENDITURE

AMENDMENTS

WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 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 proposed amendments to said budget for Fiscal Year 2021-2022 for the City of Gilroy in the staff report dated April 18, 2022 for the FY22 Citywide Pavement Maintenance Project, City Project No. 22- PW-273.

NOW, THEREFORE, BE IT RESOLVED THAT the appropriations for Fiscal Year 2021-2022 in Fund 213 – Gas Tax 2103 shall be increased by $1,118,787.

PASSED AND ADOPTED this 18th day of April 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

7.2.b
Packet Pg. 169 Attachment: Draft Resolution Fund 213 Budget Amendment (3683 : Award Contract for FY22 Citywide Pavement Maintenance Project)

7.2.c
Packet Pg. 170 Attachment: McKim Corp - Agreement (3683 : Award Contract for FY22 Citywide Pavement Maintenance Project)

7.2.c
Packet Pg. 171 Attachment: McKim Corp - Agreement (3683 : Award Contract for FY22 Citywide Pavement Maintenance Project)

7.2.c
Packet Pg. 172 Attachment: McKim Corp - Agreement (3683 : Award Contract for FY22 Citywide Pavement Maintenance Project)

7.2.c
Packet Pg. 173 Attachment: McKim Corp - Agreement (3683 : Award Contract for FY22 Citywide Pavement Maintenance Project)

City of Gilroy

STAFF REPORT

Agenda Item Title: Approval of a First Amendment to the Agreement with Honeywell Building Solutions in the Amount of $329,725 to extend the HVAC Maintenance Services Agreement for an additional two years.

Meeting Date: April 18, 2022
From: Jimmy Forbis, City Administrator
Department: Administrative Services
Submitted By: LeeAnn McPhillips
Prepared By: Walter Dunckel
Walter Dunckel

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
Approve a First Amendment to the Agreement with Honeywell Building Solutions in the Amount of $329,725 ($140,548 in year four, $146,169 in year five), with a contingency of 15% ($43,008), and authorize the City Administrator to execute the amendment to the agreement and all related documents.

BACKGROUND
On February 25, 2019, Council approved a contract with Honeywell Building Solutions (Honeywell) for HVAC Maintenance Service for three years, with the option for a two- year extension. This approval followed a formal bid process and evaluation of several vendors. The Agreement with Honeywell covers HVAC routine maintenance and repairs at the following buildings: Police Department, City Hall Annex, City Hall, Museum, Senior Center, Corporation Yard, Chestnut Fire Station, Las Animas Fire Station,

7.3 Packet Pg. 174

Sunrise Fire Station, Las Animas Recreation Building, San Ysidro Recreation Building, Wheeler Community Center, and the Christmas Hill Park TEEC Building. In addition, this contract covers mechanical service maintenance to the HVAC systems in these buildings and includes repairs, replacement parts and components, as well as periodic maintenance supplies such as replacing filters, etc.

ANALYSIS
Honeywell continues to provide the City with excellent preventative maintenance services and has proven to be very responsive with service calls and requests. Facilities staff has been pleased by the quality of work Honeywell provides related to the maintenance and upkeep of our aging HVAC infrastructure. Therefore, staff is recommending moving forward with the additional two -year extension. The only modification to the Agreement via the Amendment is the term and addition of pricing for the additional two years of service.

ALTERNATIVES
Council could choose not to approve the amendment to the contract. This would require the City to go out to public bid and seek proposals from other companies. New companies would take some time to learn about the locations of all equipment, where each part of the HVAC is located, and would not be familiar with past repairs, and procedures. This alternative is not recommended.

FISCAL IMPACT/FUNDING SOURCE
This contract amendment would extend the term of the contract through February 28, 2024 and add $329,725 to the current contract with Honeywell. The price of the service for year four is 6% higher than the previous year, and year five is 4% higher than year four. These are reasonable increases given the current economy and are likely better than what would be received through a new bidding process. There are sufficient appropriations available in the Facilities Fund to pay for these services for the extension of the Agreement.

NEXT STEPS
With Council approval of the two-year extension, staff will finalize the amendment to the agreement and complete the approval process.

Attachments:

1. ATTACHMENT A - Cost Proposal Years Four and Five

7.3 Packet Pg. 175

ATTACHMENT A
COST PROPOSAL – FULL SERVICE MECHANICAL MAINTENANCE 19-RFP-FAC-421 YEARS 4 AND 5

LOCATION

ANNUAL COST
FOR 1st YEAR
(3/1/19 -
2/28/20)

ANNUAL COST
FOR 2nd YEAR
(3/1/20 -
2/28/21)

ANNUAL COST
FOR 3rd YEAR
(3/1/21 -
2/28/22)

ANNUAL COST
FOR 4th YEAR
(3/1/22 -
2/28/23)

ANNUAL COST
FOR 5th YEAR
(3/1/23 -
2/28/24)

CHESTNUT FIRE
STATION $11,083.43 $11,415.94 $11,758.41 $12,681.78 $13,188.97

CHRISTMAS HILL
PARK TEEC $2,575.47 $2,652.73 $2,732.31 $2,946.87 $3,064.73 CITY HALL $25,704.73 $26,475.88 $27,270.15 $29,411.64 $30,587.91 CITY HALL ANNEX $10,280.03 $10,588.43 $10,906.09 $11,762.53 $12,232.95

CORPORATION
YARD ADM & FLEET $13,553.22 $13,959.81 $14,378.61 $15,507.74 $16,127.95

LAS ANIMAS FIRE
STATION $2,321.75 $2,391.40 $2,463.14 $2,656.57 $2,762.81

LAS ANIMAS

VETERANS PARK

REC BUILDING
$1,993.27 $2,053.06 $2,114.66 $2,280.72 $2,371.94
MUSEUM $2,008.62 $2,068.88 $2,130.94 $2,298.28 $2,390.20 POLICE
DEPARTMENT $15,351.40 $15,811.94 $16,286.30 $17,565.24 $18,267.73

SAN YSIDRO PARK
REC BUILDING $2,181.55 $2,247.00 $2,314.41 $2,496.16 $2,595.99 SENIOR CENTER $11,738.00 $12,090.14 $12,452.84 $13,430.74 $13,967.89

SUNRISE FIRE
STATION $16,591.70 $17,089.45 $17,602.13 $18,984.40 $19,743.65

WHEELER

COMMUNITY
CENTER
$7,450.83 $7,674.36 $7,904.59 $8,525.33 $8,866.28
WILLEY HOUSE $2,170.00 $2,211.41 $2,277.75 $0.00 $0.00

TOTAL ANNUAL

COST FOR ALL

FACILITIES
$125,004.00 $128,730.43 $132,592.33 $140,548.00 $146,169.00

7.3.a
Packet Pg. 176 Attachment: ATTACHMENT A - Cost Proposal Years Four and Five (3716 : First Amendment to Honeywell Building Solutions 19-RFP-FAC-421)

City of Gilroy

STAFF REPORT

Agenda Item Title: Tentative Map Application to Subdivide Approximately 2.88 Acres for Build-out of the Palomino Phase II Neighborhood of the Glen Loma Ranch Specific Plan
Meeting Date: April 18, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Jon Biggs
Prepared By: Melissa Durkin

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
Adopt a resolution approving Tentative Map TM 21-05, subject to certain findings and conditions.

EXECUTIVE SUMMARY
The project proposes to subdivide phase II of the Glen Loma Ranch Palomino neighborhood into into four (4) single -family lots. The proposal requires City Council approval of a tentative (parcel) map.

POLICY DISCUSSION
The proposed project requires tentative parcel map approval by the City Council upon recommendation of the Planning Commission.

8.1 Packet Pg. 177

BACKGROUND
Planning Commission Recommendation: On March 10, 2022, the Planning Commission reviewed the project and voted to approve tentative parcel map application TM 21-05 by a vote of 6-0-1.

Environmental Assessment: On November 7, 2005, the City Council certified the Glen Loma Ranch Specific Plan Environmental Impact Report (EIR) with 52 mitigation measures and adopted the Glen Loma Ranch Specific Plan. The California Environmental Quality Act (CEQA) Guidelines Section 15182, Residential Projects Pursuant to a Specific Plan, exempts residential projects pursuant to a specific plan from further environmental review under CEQA if the project meets the requir ements of that section. Staff finds that the proposed subdivision meets the requirements of Section 15182 for the following reasons:

1. The Gilroy City Council certified the Glen Loma Ranch Specific Plan Environmental Impact Report (EIR) and adopted the Glen Loma Ranch Specific Plan on November 7, 2005; and

2. Tentative Map application TM 21-05 is a residential project implementing the approved Glen Loma Ranch Specific Plan; and

3. Tentative Map application TM 21-05 was undertaken pursuant to and in conformity with the approved Glen Loma Ranch Specific Plan.

Because the project meets the requirements of Section 15182, no additional CEQA analysis is required.

The mitigation measures listed in the attached resolution would need to be implemented for this project. Implementation of these mitigation measures will be required prior to submittal of the parcel map prepared pursuant to this requested tentative map approval.

ANALYSIS
Project Description: The proposed tentative parcel map would subdivide a 2.88 -acre site into four (4) compact single-family lots in the Glen Loma Ranch Palomino II neighborhood. The project site is located on the northern end of the Glen Loma Ranch Specific Plan area adjacent to Club Drive. This subdivision is bordered to the north by Uvas Creek Park Preserve; to the south by the Palomino I neighborhood; to the east by Ascencion Solorsano Middle School; and to the west by the Olive Grove neighborhood (see location map, Attachment 1 and tentative parcel map plans, Attachment 2).

Lots in this neighborhood range in size from 3,600+/- to 4,200+/- square feet. Lots will be served by a private street [Friedrich Place] with at least four on -street parking spaces.

8.1 Packet Pg. 178

All lots in this subdivision back onto a detention basin (lot B10). These lots will b e provided with a masonry wall, rather than open fencing, as the detention basin is not preserved open space and will not be used for recreational purposes.

General Plan and Glen Loma Ranch Specific Plan Consistency: The 2040 General Plan land use designation of the site is Neighborhood District/Glen Loma Ranch Specific Plan. The proposed 4-lot subdivision, site layout, and connectivity are consistent with the General Plan and the Glen Loma Ranch Specific Plan goals and policies, as discussed in the March 10, 2022 Planning Commission Staff report (Attachment 3)
Tentative Map Analysis: Residential subdivisions must comply with the Gilroy City Code (GCC), including but not limited to Chapter 21, Subdivisions and Land Development. The project is consistent with City Code and meets the findings for approval as discussed in the Planning Commission Staff report. Appropriate conditions of approval have been prepared in conformance with City Code and are included in the City Council Resolution (Attachment 4).

ALTERNATIVES
The City Council could approve the project with revisions, continue the project for further review or deny the project. Staff does not recommend these actions.

FISCAL IMPACT/FUNDING SOURCE
The applicant has paid all planning entitlement fees associated with this tentative map application. The project will also require payment of all associated engineering parcel map and improvement plan fees and building permit fees.

CONCLUSION
The Planning Commission recommends that the City Council adopt a resolution approving Tentative Map application TM 21 -05 to subdivide the property into four (4) single family parcels.

NEXT STEPS
Upon City Council approval, the Engineering Division would process a parcel map and improvement plans. The developer would su bmit an architectural & site review application concurrently with or after approval of the parcel map. In accordance with the adopted Development Agreement, staff will review and approve the future architectural and site review permit. Building permits would be submitted after approval of the parcel map and architectural & site review permit.

PUBLIC OUTREACH

8.1 Packet Pg. 179

Property owner information (i.e. list, labels, and map) within 500 feet of the subject site were generated by First American Title Company using current ownership data. On March 23, 2022, notices of this Planning Commission meeting were mailed to the property owners along with other interested parties. The notice was published in the Gilroy Dispatch on April 1, 2022. In addition, the property has been posted with on-site signage notifying passersby of pending development, and the Planning Commission public hearing packets are available through the City's webpage.

Attachments:

1. TM 21-05 Location map

2. Palomino II Tentative Map

3. TM 2105 PC SR 3.10.22

4. TM 2105 City Council Draft Resolution

8.1 Packet Pg. 180

TM 21-05
Glen Loma Ranch Palomino II
Location Map

8.1.a
Packet Pg. 181 Attachment: TM 21-05 Location map (3711 : Glen Loma Ranch Palomino II Subdivision)

8.1.bPacket Pg. 182Attachment: Palomino II Tentative Map (3711 : Glen Loma Ranch Palomino II Subdivision)

8.1.bPacket Pg. 183Attachment: Palomino II Tentative Map (3711 : Glen Loma Ranch Palomino II Subdivision)

8.1.bPacket Pg. 184Attachment: Palomino II Tentative Map (3711 : Glen Loma Ranch Palomino II Subdivision)

8.1.bPacket Pg. 185Attachment: Palomino II Tentative Map (3711 : Glen Loma Ranch Palomino II Subdivision)

8.1.bPacket Pg. 186Attachment: Palomino II Tentative Map (3711 : Glen Loma Ranch Palomino II Subdivision)

LICO DRIVESANTIAGO COURT

EXISTING CLUB DRIVEEXISTING SANTA TERESA BLVD (COUNTY OF SANTA CLARA)EXISTING GRENACHE WAYSIDERITS WAY SIDERITS WAY

GREELEY WAY

GREELEY WAY
FRIEDRICH WAY OUTLETSTRUCTURECLASS I TRAIL, NOTE 4.INFILTRATION BASIND-1D-2OUTFALLOUTFALLSTORM WATER MANAGEMENT NOTES:1.POST-CONSTRUCTION STORM WATER MANAGEMENT REQUIREMENTS FOR GLEN LOMA RANCH(WEST) ARE BASED ON REGIONAL WATER QUALITY CONTROL BOARD CERTIFICATION NUMBER34316WQ01. PER THE CERTIFICATION, THE FOLLOWING MEASURES SHALL BE PROVIDED:1.a.PROJECT SHALL TREAT ALL RUNOFF GENERATED BY THE 85TH% 24-HOUR STORM EVENT(WHEN USING VOLUME BASED TREATMENT) OR 0.2 IN/HR (WHEN USING FLOW BASEDTREATMENT).1.b.THE PROJECT SHALL RETAIN ON SITE THE DIFFERENCE BETWEEN THE PRE- ANDPOST-PROJECT TOTAL RUNOFF GENERATED BY THE 85TH% STORM EVENT.1.c.THE PROJECT SHALL MANAGE PEAK FLOWS TO WATERS OF THE STATE SO THATPOST-PROJECT PEAK FLOW RATES DO NOT EXCEED PRE-PROJECT FLOW RATES FOR THE 2-,10-, 25-, AND 100-YEAR STORM EVENT.2.THE FOLLOWING OUTLINES HOW THE PROJECT PRELIMINARILY PROPOSES TO COMPLY WITHWATER BOARD CERTIFICATION 34316WQ01:2.a.STORMWATER TREATMENT: A RETENTION BASIN IS PROPOSED TO RETAIN WATER ONSITE. THE ROUTING METHOD WAS USED TO ROUTE THE 24-HOUR DESIGN STORMTHROUGH THE BASIN UTILIZING THE SCS CURVE NUMBER METHOD AND A DESIGNINFILTRATION RATE OF 20 IN/HR. PRELIMINARY RESULTS OF THE ROUTING MODELCONCLUDE THE BASIN CAN RETAIN UP TO THE 10-YEAR STORM EVENT .2.b.STORMWATER RETENTION: THE PRELIMINARY ROUTING METHOD MODEL CONCLUDESTHE PROPOSED BASIN CAN RETAIN THE 10-YEAR 24-HOUR STORM EVENT. THEREFORE, ITCAN RETAIN THE DIFFERENCE BETWEEN THE PRE-, AND POST 85TH% 24-HOUR STORM.2.c.PEAK FLOW MANAGEMENT: BASED ON THE PROPOSED INFILTRATION BASIN, AND OUTLETSTRUCTURE SHOWN IN DETAILS 1, THE PROJECT CAN REDUCE PEAK FLOWS TO LESS THANPRE-PROJECT LEVELS. PREFER TO THE TABLE BELOW FOR PRELIMINARY RESULTS.3.THIS STORM WATER RUNOFF MANAGEMENT PLAN IS CONCEPTUAL AND SUBJECT TO REVISIONBASED ON FINAL DESIGN.4.FINAL LOCATION OF UTILITIES AND STORMWATER CONTROL MEASURES WILL BECOORDINATED DURING FINAL DESIGN TO MINIMIZE CONFLICT.5.ALL STORMWATER CALCULATIONS SHOWN BELOW ARE PRELIMINARY AND SUBJECT TOCHANGE DURING FINAL DESIGN.6.CLASS I TRAIL IS EXCLUDED FROMSTORMWATER CALCULATIONS PER SCVURPPP C.3STORMWATER HANDBOOK TABLE 2-2, "SIDEWALKS, BICYCLE LANES AND TRAILS THAT ARENOT BUILT AS PART OF NEW ROADWAYS OR ARE CONSTRUCTED WITH PERMEABLE SURFACES."STORMWATER INFILTRATION BASINLEGENDDRAINAGE MANAGEMENT AREA BOUNDARYSTORM DRAINRESIDENTIAL LOTS (60% IMPERVIOUS)STREET/PARKING AND HARDSCAPE (100% IMPERVIOUS)PRELIMINARY STORMWATER SIZING TABLESD-1DMA NUMBER8.1.bPacket Pg. 187Attachment: Palomino II Tentative Map (3711 : Glen Loma Ranch Palomino II Subdivision)

Karen L. Garner

DIRECTOR

Community Development
Department
7351 Rosanna Street, Gilroy, California 95020-61197
Telephone: (408) 846-0451 Fax (408) 846-0429
http://www.cityofgilroy.org

DATE: March 10, 2022

TO: Planning Commission

FROM: Melissa Durkin, Planner II

SUBJECT: Tentative Map application to subdivide approximately 2.88 acres for build-out of the Palomino phase II neighborhood of the Glen Loma Ranch Specific Plan. Applicant Tim Filice representing Filice Family Estate. (TM 21-05).

RECOMMENDATION:

Staff has analyzed the proposed project and recommends that the Planning Commission adopt a resolution recommending that the City Council approve Tentative Map TM 21-05, subject to certain findings and conditions.

BACKGROUND:

Request: Tentative Map application TM 21-05 (#21090019) requests subdivision of approximately 2.88+/- acres for build-out of the Palomino II neighborhood of the Glen Loma Ranch Specific Plan area. The subject site is located at the southeast corner of Club Drive and Grenache Way. The site comprises APN # 808-43-003. The Palomino II neighborhood is the second phase of the Palomino neighborhood and will continue the pattern of development already established in that neighborhood.

The requested map proposes to create four Compact single-family lots. This subdivision would also create one detention basin to serve the Glen Loma Ranch McCutchin Creek and Palomino phases I and II neighborhoods. Tentative Map application TM 21-05 is requested for mapping purposes only. Future build-out of these lots will be in accordance with the specific plan. Application filed by Tim Filice representing Filice Family Estate, 7888 Wren Avenue, Suite D143, Gilroy, CA 95020.

Subject Property and Surrounding Land Uses: The subject site is presently undeveloped. The following table identifies the existing land uses and General Plan and zoning designations of the project site and surrounding properties.

LOCATION EXISTING LAND USE GENERAL PLAN ZONING
Project Site Undeveloped Palomino II Neighborhood Neighborhood

8.1.c
Packet Pg. 188 Attachment: TM 2105 PC SR 3.10.22 (3711 : Glen Loma Ranch Palomino II Subdivision)

2 LOCATION EXISTING LAND USE GENERAL PLAN ZONING
Neighborhood District (ND)/Glen
Loma Ranch
Specific Plan
District/Planned
Development
(ND-PD) [Glen
Loma Ranch
Specific Plan]
North Uvas Creek Park Preserve Park and
Recreation Facility
Park/ Public
Facility
South
Glen Loma Ranch Palomino I
Neighborhood
Neighborhood
District (ND)/Glen
Loma Ranch
Specific Plan
ND-PD/Glen
Loma Ranch
Specific Plan
East
Ascencion Solorsano Middle
School
Public and Quasi-
Public Facility
ND-PD/Glen
Loma Ranch
Specific Plan
West
Glen Loma Ranch Olive Grove
Neighborhood
Neighborhood
District (ND)/Glen
Loma Ranch
Specific Plan
ND-PD/Glen
Loma Ranch
Specific Plan

Environmental Assessment: On November 7, 2005, the City Council certified the Glen Loma Ranch Specific Plan Environmental Impact Report (EIR) with 52 mitigation measures and adopted the Glen Loma Ranch Specific Plan. The California Environmental Quality Act (CEQA) Guidelines section 15182, Residential Projects Pursuant to a Specific Plan, exempts residential projects pursuant to a specific plan from further environmental review under CEQA, if the project meets the requirements of that section. Staff finds that the proposed subdivision meets the requirements of section 15182 for the following reasons:

1. The Gilroy City Council certified the Glen Loma Ranch Specific Plan Environmental Impact Report (EIR) and adopted the Glen Loma Ranch Specific Plan on November 7, 2005; and

2. Tentative Map application TM 21-05 is a residential project implementing the approved Glen Loma Ranch Specific Plan; and

3. Tentative Map application TM 21-05 was undertaken pursuant to and in conformity with the approved Glen Loma Ranch Specific Plan.

Because the project meets the requirements of section 15182, no additional CEQA analysis is required.

The mitigation measures listed in the attached resolution would need to be implemented for this project. Implementation of these mitigation measures will be required prior to submittal of the first final map submitted pursuant to this requested tentative map approval.

Future Architectural and Site Reviews: In accordance with the Glen Loma Ranch Development Agreement, architectural and site review permits for projects within Glen Loma Ranch, including the Palomino II neighborhood, would be approved by the

8.1.c
Packet Pg. 189 Attachment: TM 2105 PC SR 3.10.22 (3711 : Glen Loma Ranch Palomino II Subdivision)

3 planning manager at staff level, provided the plans are consistent with specific plan requirements.

ANALYSIS:

General Plan Consistency: The City's General Plan designates the subject site as Neighborhood District/Glen Loma Ranch Specific Plan, which supports the proposed project request. The proposal conforms to the goals and policies of the General Plan , as discussed below:

POLICY # TITLE AND SUMMARY ANALYSIS
LU 1.1 Pattern of Development.

Ensure orderly, contiguous
development pattern;
prioritize infill development;
phase new development;
encourage compactness
and efficiency; preserve
surrounding open space
and agricultural resources;
and avoid incompatible land
uses.

The Palomino II subdivision follows the
development pattern envisioned by the
Glen Loma Ranch Specific Plan. This
subdivision is located adjacent to the
Palomino I neighborhood and continues
the pattern of development in Palomino I.

Development of Palomino II will utilize
infrastructure currently in place or under
construction to support the Specific Plan
as a whole. In addition, this phase of
development will require completion of the
Glen Loma Ranch Specific Plan EIR
mitigation measures, which will ensure
needed infrastructure is in place to support
this development. With implementation of
the remaining mitigation measures, the
proposed map is consistent with this
policy.

LU 2.6 Glen Loma Ranch.

Maintain and implement the
Glen Loma Ranch Specific
Plan to guide development
in the area and ensure the
new neighborhoods provide
a complementary mix of
housing, retail, services,
public facilities, and open
space.

The Palomino II subdivision has been
designed in accordance with the adopted
Glen Loma Ranch Specific Plan. The
proposed neighborhoods is part of the
overall Specific Plan, which provides a
complementary mix of housing types,
public facilities and open space. The
proposed map is consistent with this
policy.

LU 3.2 Connectivity. Encourage
new residential
development to incorporate
design features that
promote walking and
The Palomino II subdivision tentative map
incorporates connectivity between
neighborhoods. The proposed map is
consistent with this policy.

8.1.c
Packet Pg. 190 Attachment: TM 2105 PC SR 3.10.22 (3711 : Glen Loma Ranch Palomino II Subdivision)

4 POLICY # TITLE AND SUMMARY ANALYSIS
connectivity between
blocks.

LU 3.11 Noise Mitigation Design.

Promote the use of
techniques less visually
intrusive than sound walls,
including but not limited to
site design techniques.

No sound walls will be constructed as part
of this project. The proposed map is
consistent with this policy.

M 1.5, 1.9,

1.10, 2.2,

3.2, 3.4
Interconnected
Residential Streets.

Encourage street patterns
that provide direct access
between neighborhoods for
automobiles, pedestrians,
and bicycles and
connections to nearby
neighborhood commercial
services.

Bicycle and pedestrian
Path Network. Develop
and maintain a network of
paths along linear parks,
public easements,
drainages, and other open
space areas to
accommodate bicycle and
pedestrian traffic.

The Specific Plan overall provides
compact, mixed-use development and a
series of trails to encourage bicycle and
pedestrian use. Transit opportunities will
be provided throughout the Specific Plan
area. The trails constructed with the other
Specific Plan neighborhoods will provide
pedestrian and bicycle access between
neighborhoods and to the future
commercial and recreational areas within
the Specific Plan area.

The proposed map is consistent with this
policy.

Neighborhood District Policy Consistency: This property is located within the Glen Loma Ranch Specific Plan Neighborhood District area, which was planned in compliance with General Plan Neighborhood District policies. The resolution approving the Glen Loma Ranch Specific Plan found that the design of the Plan was consistent with General Plan Neighborhood District policies (City Council Resolution 2005-82). The following Specific Plan components support that determination.

A) Density Requirements: The “Neighborhood District Policy” [The Policy] sets minimum, but not maximum, density standards, and provides incentives for projects to achieve a higher “Target” density of approx imately 8 units per acre [The Policy section 8.1]. The Glen Loma Ranch Specific Plan addressed The Policy’s density requirements by setting requirements for minimum and maximum densities in each neighborhood; establishing a range of product types that could be developed within each neighborhood; and by requiring a mix of lot sizes and housing types within larger neighborhoods [Glen Loma

8.1.c
Packet Pg. 191 Attachment: TM 2105 PC SR 3.10.22 (3711 : Glen Loma Ranch Palomino II Subdivision)

5 Ranch Specific Plan section 4]. While individual neighborhoods within the Specific Plan area may not meet minimum or target densities, the Specific Plan overall has been designed to meet these densities.

B) Affordable Housing Requirements: The Policy requires that each Neighborhood District development construct a minimum of fifteen percent (15%) of its units at affordable prices. The adopted Development Agreement and Specific Plan set forth the specific considerations related to affordable housing and senior housing within the Glen Loma Ranch Specific Plan area.

In accordance with the Development Agreement, 15.1 percent of the units constructed will be sold or rented at affordable levels, resulting in a potential maximum of 256 affordable units within this Specific Plan area. This number is comprised of seventy-five (75) unrestricted “Senior” units (29.3%), that are intended to be affordable by design (i.e. smaller units constructed at a higher density); seventy-five (75) “affordable Senior” units (29.3%) that will be affordable in accordance with adopted City policies; and 106 multi-family units (41.4%) that will be affordable in accordance with adopted City policies.

These units may be either sold or rented. That number of affordable units is required if the developer achieves the maximum Specific Plan build out of 1,693 units; if fewer units are constructed, the number of affordable units required will be reduced accordingly, while maintaining the 15.1 percent affordability ratio.

Staff anticipates a total of 1,275 units in the portion of the Specific Plan area that the Glen Loma Group controls. This would equate to a requirement for 193 affordable units in this portion of the Specific Plan area. Glen Loma Ranch has entitled, and is in the process of constructing, the following affordable units:

Neighborhood Type # of units
required out
of 1,275 unit
Total
No. of Units
Provided
Town Center
Affordable
Senior
Affordable
Apartments
60 (29.3%) 62 (32.1%)
Town Center
Affordable
Multi-Family
Affordable
Apartments
78 (41.4%) 94 (48.7%)
Town Center
Multi-Family
Senior
Unrestricted
Townhouse
Units
57 (29.3%) 46 (23.8%)
Total Affordable Units 193 202 (104.6% of
requirement)

8.1.c
Packet Pg. 192 Attachment: TM 2105 PC SR 3.10.22 (3711 : Glen Loma Ranch Palomino II Subdivision)

6 As this chart shows, 202 units have been provided, which is 4.6% more than required. Therefore, the developer has exceeded the affordable unit obligation for the likely residential build-out of Glen Loma’s portion of the Specific Plan area.

There are fewer Senior Unrestricted Units than anticipated, but far more multi- family affordable units and a few more senior affordable units. The actual unit mix produced is better than the unit mix negotiated via the development agreement because only multi-family affordable units and the senior affordable units satisfy the state’s Regional Housing Needs Allocation (RHNA) low-income and very-low income housing requirements. The senior unrestricted units are being sold at moderate-income prices, which is a category that is over-represented in Gilroy.

The Gilroy Unified School District owns two other properties within the Specific Plan area: the Cabernet Neighborhood, which has been devel oped with Las Animas Elementary School, and the Olive Grove neighborhood. If either of these neighborhoods develops with residential units, the future developer may need to develop affordable housing units to ensure the Specific Plan area meets the 15.1% affordability requirement.

C) Neighborhood Open Space: The Policy requires open space to meet the needs of residents in the neighborhood district area. Specifically, this policy requires “minimum standards for recreational areas and [. . .] a focal point recreational area in each neighborhood.” This issue is discussed in the “Open Space” section of this staff report. Staff believes the Glen Loma Ranch Specific Plan will provide exceptional recreational and open space amenities for residents as well as the community at large.

D) Housing Diversity: The Policy states, “Neighborhood District master and specific plans shall mix housing of different densities together, integrating them throughout the Neighborhood District.” The Glen Loma Ranch Specific Plan meets this requirement by including the following housing types: compact and traditional single-family lots, zipper lots, and multi-family attached units.

These housing types have been dispersed throughout the Specific Plan area.

The Palomino II tentative map will add four compact lots to the housing mix.

By complying with the requirements of the Glen Loma Ranch Specific Plan, the Palomino II neighborhood complies with The Policy.

Santa Clara Valley Habitat Plan Consistency: The Glen Loma Group is processing a Habitat Plan permit for this neighborhood, in conformance with the requirements of Gilroy City Code Chapter 12.6. The Habitat Plan permit will establish mitigation fees that will be paid to the agency prior to grading permit issuance.

Conformance with Glen Loma Ranch Specific Plan Development Standards and Guidelines: The proposed development is in the Glen Loma Ranch Specific Plan area. In accordance with the Gilroy City Code, the proposed subdivision may

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Packet Pg. 193 Attachment: TM 2105 PC SR 3.10.22 (3711 : Glen Loma Ranch Palomino II Subdivision)

7 be approved with a tentative map. Staff will review and approve the future architectural and site review applications separate from this proposed subdivision, in accordance with the Development Agreement. The following applicable development standards have been considered for the proposed project.

Applicable Glen Loma Ranch Specific Plan Standards

STANDARD REQUIRED PROPOSED CONFORMS?
LUS-1 Each Neighborhood
within the Specific
Plan shall observe
the setbacks to
natural features
established within
the Specific Plan and
project Mitigation
Measures
The Palomino II
subdivision is surrounded
by developed or
developing land and will
not impact natural
features.

Yes
LUS-2 The Neighborhoods
within the Specific
Plan shall provide
visual as well as
physical access to
the natural features
being preserved and
enhanced subject to
environmental
consideration where
appropriate.

The Palomino II
subdivision is surrounded
by developed or
developing land and will
not impact access to the
open space areas.

Yes
LUS-11 Streets, and/or trails
shall link schools,
parks, commercial
areas, and
residential
Neighborhoods to
ensure pedestrian
access.

The Specific Plan has
been designed with a
system of streets and
trails that connect the
schools, parks,
commercial areas and
neighborhoods within the
Specific Plan area. The
proposed tentative map
implements this aspect of
the Specific Plan by
constructing streets that
will connect to the master
planned street system.

Yes
TCMF/
OSS-2
Provide pedestrian
paths to connect
parking, open space
and recreational
facilities.

The project has been
designed with sidewalks
that connect to parking,
open space and
recreational facilities.

Yes

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Packet Pg. 194 Attachment: TM 2105 PC SR 3.10.22 (3711 : Glen Loma Ranch Palomino II Subdivision)

8 STANDARD REQUIRED PROPOSED CONFORMS?
FPS-1 The size of each
Focal Point shall be
at least 4,500 square
feet in size.

The neighborhood focal
point for the Palomino
Neighborhood was
designed as part of
Palomino I. The focal
point is 0.4 acres.

Yes

Applicable Glen Loma Ranch Specific Plan Guidelines

STANDARD REQUIRED PROPOSED CONFORMS?
VAG-1 Through streets are
preferred, but loop
streets are
permitted to form
interconnecting grid
patterns.

This subdivision proposes
a through street that
connects to surrounding
through streets within the
Specific Plan area.

Yes

Staff Analysis for Tentative Map (TM 21-05): The subject property would create four compact lots in the Palomino II neighborhood. The proposed tentative map would also create parcels for a detention basin and a private street.

In accordance with Section 21.41(i) of the Gilroy City Code, initial approval of a tentative map is valid for twenty-four (24) months. Such approval may only be extended at the Council’s discretion.

a) Site Layout and Lot Sizes: TM 21-05 proposes to subdivide land located on the northern end of the specific plan area adjacent to Club Drive. This subdivision is bordered to the north by Uvas Creek Park Preserve; to the south by the Palomino I neighborhood; to the east by Ascencion Solorsano Middle School; and to the west by the Olive Grove neighborhood (see attachment 2 for reduced plans).

The following chart summarizes the proposed parcels and land uses:

Land Use Acreage Lot(s)
Detention Basin 0.66 B10
Residential Lots 0.37 1-4
Private Street 1.85 N/A
Total 2.88

The Palomino II neighborhood is located on Club Drive between Grenache Way (existing public street) and Friedrich Place (approved private street). Palomino

8.1.c
Packet Pg. 195 Attachment: TM 2105 PC SR 3.10.22 (3711 : Glen Loma Ranch Palomino II Subdivision)

9 II is the second phase of the Palomino I neighborhood, which was approved via tentative map application TM 16-01.

The Palomino II neighborhood consists of four single-family Compact lots, at a density of 10.81+/- DU/net acre. [Compact Lots are described in the Specific Plan in Section 7, page 24.] Lots in this neighborhood range in size from 3,600+/- to 4,200+/- square feet and will be served by a private street [Friedrich Place] with at least four on-street parking spaces. [Note: all on-street parking discussed in this tentative map analysis is in addition to parking in garages and driveways.]

All lots in this subdivision back onto a detention basin (lot B10). These lots will be provided with a masonry wall, rather than open fencing, as the detention basin is not preserved open space and will not be used for recreational purposes.

b) Commercial Opportunity Site: The site where the Palomino II subdivision is located is designated as a “Commercial Opportunity Site” on the specific plan map. The Specific Plan description of the Palomino neighborhood more specifically states that this Commercial Opportunity Site could be in the Olive Grove, McCutchin Creek or Palomino neighborhoods, but does not require any of the neighborhoods to be developed with a commercial component. Rather, this site has been held in reserve to allow for a potential developer to acquire this site for commercial development if the opportunity arises.

The applicant has submitted a letter from a commercial real estate service (see attachment four). The letter indicates this site is not suitable for commercial development for the following reasons:

1. The site is located mid-block with low traffic volumes;

2. The site has difficult ingress and egress;

3. The site does not have an anchor tenant that would attract customers; and

4. The proximity to a middle school would eliminate the possibility of a convenience store use.

Staff agrees that this site would not be suitable for a commercial use and supports its development with a residential use.

c) Density: The density of the Palomino I neighborhood is shown in the chart below.

Neighborhood Total Units Net Area
(acres)
Net Density
(DU/Acre)
Palomino II 4 0.37 10.81+/-

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Packet Pg. 196 Attachment: TM 2105 PC SR 3.10.22 (3711 : Glen Loma Ranch Palomino II Subdivision)

10 d) Circulation: The Glen Loma Ranch Specific Plan includes a circulation system composed of arterial, collector and local roads connecting to Santa Teresa Boulevard, Miller Avenue, Tenth Street, and West Luchessa Avenue.

The Specific Plan also includes a well-developed system of bicycle and pedestrian trails that provide connectivity throughout the Specific Plan area and to adjacent residential neighborhoods, Christmas Hill Park, and the Uvas Creek Park Preserve. Opportunities for transit are also included within the plan area.

The private street within the Palomino II subdivision complies with city of Gilroy private street standards in terms of lane width, sidewalk width, and parking stall width; all private streets will be maintained by the homeowners’ association. The name of the new private street has been approved in accordance with the Development Agreement.

Access to the Palomino II subdivision will be provided by Club Drive and Friedrich Place.

e) Open Space: Although open space will be developed throughout the Specific Plan area, no additional open space will be developed as part of the Palomino II neighborhood.

f) Stormwater Treatment Basin: The tentative map shows one detention basin on parcel B10. The basin is designed to provide stormwater detention and stormwater treatment for the proposed development. The treatment basin will be constructed as part of project improvements.

g) On and Off-Site Improvements: The following on-site improvements would be developed as part of this tentative map approval: Friedrich Place along the property boundary; and the stormwater treatment basin. The following off-site improvements would be developed as part of this tentative map approval:
completion of outstanding mitigation measures discussed above.

FINDINGS: As discussed and analyzed above, the following findings can be made in support of the tentative map request:

i) The proposed Tentative Map is generally consistent with the intent of the goals and policies of the Glen Loma Ranch Specific Plan. ii) The proposed Tentative Map is consistent with the intent of the goals and policies of the City's General Plan.
iii) The proposed development is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code, and the State Subdivision Map Act.
iv) Public utilities and infrastructure improvements needed to serve the proposed project are in close proximity.
v) There will be no significant environmental impacts resulting from this project due to the required mitigation measures to be applied.

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Packet Pg. 197 Attachment: TM 2105 PC SR 3.10.22 (3711 : Glen Loma Ranch Palomino II Subdivision)

11 As such, staff supports a recommendation of approval by the Planning Commission with the recommended conditions included in this staff report.

Gilroy Unified School District (GUSD): Project plans were routed to the GUSD for review and comments. Gilroy Unified School District staff has provided the following information about this site:

a) The Glen Loma Ranch development is served by the following schools: Las Animas Elementary, Ascension Solorsano Middle School, and Gilroy High School. The District might construct an additional elementa ry school within the Glen Loma Ranch Specific Plan area in the future, if warranted. b) District staff expects approximately one student to be generated from this project and has determined that the schools serving the Glen Loma Ranch development have adequate capacity to serve the students generated by the new homes.

Technical Advisory Committee (TAC): Project plans were routed to Engineering, Building, Police, and Fire representatives for internal review and comment. The TAC considered the project on September 16, 2021. Recommendations of the TAC members have been incorporated into the project plans and/or are included as recommended conditions in the attached resolution.

Pursuant to Section 21.41(a), the Tentative Map was distributed for consideration by various departments and utility agencies. Standard comments received are incorporated in the recommended conditions of approval.

Bicycle Pedestrian Committee (BPC): On October 26, 2021, staff presented the Palomino II project to the BPC. The BPC did not provide project-specific comments or recommendations.

Noticing: Property owner information (i.e. list, labels, and map) within 500 feet of the subject site were generated by First American Title Company using current ownership data. On February 25, 2022, notices of this Planning Commission meeting were mailed to the property owners along with other interested parties. The notice was published in the Gilroy Dispatch on February 25, 2022. In addition, the property has been posted with on-site signage notifying passersby of pending development, and the Planning Commission public hearing packets are available through the City's webpage.

Appeal Procedure: The Planning Commission's action is not final, but rather a recommendation. As such, the matter will be considered by the City Council at a later date.

Attachments:

1. TM 21-05 Location map

2. Mitigation Measure Status

3. Palomino II Tentative Map

4. Commercial Site Viability

5. TM 21-05 Draft Resolution

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Packet Pg. 198 Attachment: TM 2105 PC SR 3.10.22 (3711 : Glen Loma Ranch Palomino II Subdivision)

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TENTATIVE MAP TM 21-05, A SUBDIVISION OF A

2.88+/- ACRE SITE INTO FOUR COMPACT LOTS IN THE PALOMINO II NEIGHBORHOOD; ONE PARCEL FOR A DETENTION BASIN; AND

ONE PRIVATE STREET ON PROPERTY LOCATED AT THE

SOUTHEAST CORNER OF CLUB DRIVE AND GRENACHE WAY (APN
# 808-43-003), FILED BY FILICE FAMILY ESTATES, 7888 WREN AVENUE, SUITE D-143, GILROY, CA 95020

WHEREAS, Filice Family Estates submitted an application requesting a tentative parcel map to subdivide an approximate 2.88+/- acre site into four Compact single-family lots in the Palomino II neighborhood; one parcel for a detention basin; and one private street; and; and

WHEREAS, the subject property is located within the Glen Loma Ranch Specific Plan area, on Club Drive between Friedrich Place and Grenache Way, commonly known as the Palomino II neighborhood; and

WHEREAS, the Planning Commission of the City of Gilroy has considered TM 21-05 in accordance with the Gilroy Zoning Ordinance, and other applicable standards and regulations; and

WHEREAS, TM 21-05 was referred to various public utility companies and City departments, including the Technical Advisory Committee for recommendations; and

WHEREAS, on November 7, 2005, the City of Gilroy adopted the Glen Loma Ranch Specific Plan; and

WHEREAS, on November 21, 2005, the City of Gilroy adopted the Glen Loma Ranch Development Agreement; and

WHEREAS, an environmental impact report (EIR) was prepared and certified for this site on November 7, 2005 as part of the review of application GPA 00-01; and

WHEREAS, the California Environmental Quality Act (CEQA) Guidelines section 15182, Residential Projects Pursuant to a Specific Plan, exempts residential projects pursuant to a specific plan from further environmental review under CEQA, as long as the project meets the requirements of that section, and City Staff has determined that the proposed residential subdivision meets the requirements of section 15182 such that no further environmental analysis is required by CEQA; and

WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent with the certified EIR; and

WHEREAS, the City Council finds that the proposed residential subdivision meets the requirements of CEQA Guidelines section 15182 because:

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Packet Pg. 199 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision)

Resolution No. 2022-XX
Establishing Pension Funding Policy
City Council Regular Meeting | April 18, 2022

1. The Gilroy City Council certified the Glen Loma Ranch Specific Plan Environmental Impact Report (EIR) and adopted the Glen Loma Ranch Specific Plan on November 7, 2005; and

2. Tentative Map application TM 21-05 is a residential project implementing the approved Glen Loma Ranch Specific Plan; and

3. Tentative Map application TM 21-05 was undertaken pursuant to and in conformity with the approved Glen Loma Ranch Specific Plan.

WHEREAS, the City Council finds that no additional CEQA analysis is required; and

WHEREAS, the Planning Commission held a duly noticed public hearing on March 10, 2022, at which time the Planning Commission considered the public testimony, the staff report dated March 10, 2022 (“Planning Commission Staff Report”), and all other documentation related to TM 21-05, and recommended that the City Council approve TM 21-05 with 130 conditions; and

WHEREAS, the City Council held a duly noticed public hearing on April 18, 2022, at which time the City Council considered the public testimony, the staff report dated April 18, 2022 (“City Council Staff Report”), and all other documentation related to TM 21-05; and

WHEREAS, the City Council finds that TM 21-05 conforms to the City's General Plan and elements thereof, including the “Glen Loma Ranch Specific Plan” and the “Neighborhood District Policy”; and

NOW, THEREFORE, BE IT RESOLVED THAT:

SECTION I

In order to deny the map, the Council would have to make one of the eight listed findings described in Government Code Section 66474 based upon substantial evidence in the record.

The eight findings are listed below, along with an explanation for each one as to why the Council cannot make the finding:

A. The proposed subdivision TM 21-05 is not consistent with applicable general and specific plans as specified in 65451.

This Finding cannot be made. The proposed subdivision TM 21-05 is generally consistent with the goals and policies of the City’ General Plan, “Glen Loma Specific Plan” and the City’s “Neighborhood District Policy”;
B. That the design or improvement of the proposed subdivision TM 21-05 is not consistent with applicable general and specific plans.

This Finding cannot be made. The proposed subdivision TM 21-05 is generally consistent with the goals and policies of the City’ General Plan, “Glen Loma Specific Plan” and the City’s “Neighborhood District Policy.”

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Packet Pg. 200 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision)

Resolution No. 2022-XX
Establishing Pension Funding Policy
City Council Regular Meeting | April 18, 2022

C. That the site is not physically suitable for the type of development.

This Finding cannot be made. The site is physically suitable for this type of development because it is generally consistent with the City’s Zoning Ordinance, Subdivision and Land Development Code;
D. That the site is not physically suitable for the proposed density of development.

This Finding cannot be made. The site is physically suitable for this type of development because it is generally consistent with the City’s Zoning Ordinance, the goals and policies of the “Glen Loma Specific Plan” and the City’s “Neighborhood District Policy”; E. That the design of the proposed subdivision TM 21-05 or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

This Finding cannot be made. The design of the subdivision and the proposed improvements will not cause substantial environmental damage, or substantially injure fish or wildlife because the site is located within a developed urban context and is not in or adjacent to any sensitive habitat areas;
F. That the design of the subdivision or type of improvements is likely to cause serious public health problems.

This Finding cannot be made. The design of the proposed subdivision TM 21-05 will not cause serious public health problems because the site is located within an urban context and has access to urban services including sewer and water; and
G. That the design of the proposed subdivision TM 21-05 or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

This Finding cannot be made. The design of the proposed subdivision TM 21-05 will not conflict with access easements because there are no known existing access easements encumbering this property.

SECTION II

The City Council of the City of Gilroy hereby approves TM 22-05, subject to the 130 conditions of approval set forth in Exhibit “A” attached hereto.

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Packet Pg. 201 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision)

Resolution No. 2022-XX
Establishing Pension Funding Policy
City Council Regular Meeting | April 18, 2022

PASSED AND ADOPTED this 18th day of April 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

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Packet Pg. 202 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision)

Resolution No. 2022-XX
Establishing Pension Funding Policy
City Council Regular Meeting | April 18, 2022

EXHIBIT A

CONDITIONS OF APPROVAL
TM 21-05

PLANNING CONDITIONS

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

1. APPROVED PROJECT: The approval for tentative map TM 21-05 is granted to subdivide an approximate 2.88+/- acre site into four Compact single-family lots in the Palomino II neighborhood; one parcel for a detention basin; and one private street on Assessor Parcel No. 808-43-003, as shown on Project Plans dated as received by the Planning Division on September 13, 2021 prepared by Ruggeri-Jensen-Azar for the Glen Loma Corporation, dated August 2021, and consisting of six sheets.

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 improvement plan 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. 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.

3. Failure to appeal this decision in a timely manner, or commencement of any activity related to the project, is understood to clarify Developer’s acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein

4. 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.

Mitigation Measures. The following MITIGATION MEASURES, which are contained within the Glen Loma Ranch Specific Plan EIR and EIR addendum, prepared pursuant to the California

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Packet Pg. 203 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision)

Resolution No. 2022-XX
Establishing Pension Funding Policy
City Council Regular Meeting | April 18, 2022

Environmental Quality Act, and as modified based upon changes in applicable regulations, are included as conditions of approval.

5. All EIR mitigation measures would need to be implemented prior to submittal of the parcel map submitted pursuant to this requested tentative map approval.

6. Project proponents shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development.

The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division (corresponds to EIR Mitigation Measure 3):

The following measures shall be implemented at all construction sites:
• Water all active construction areas at least twice daily; • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard;
• Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; • Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and
• Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.

The following measures shall be implemented at all construction sites greater than four acres in area:
• Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); • Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.);
• Limit traffic speeds on unpaved roads to 15 mph;
• Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and
• Replant vegetation in disturbed areas as quickly as possible.

The following measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emission reductions:
• Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site;
• Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas;
• Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and
• Limit the area subject to excavation, grading and other construction activity at any one time.

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Packet Pg. 204 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision)

Resolution No. 2022-XX
Establishing Pension Funding Policy
City Council Regular Meeting | April 18, 2022

7. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential nesting habitat (i.e., riparian woodland and oak woodland), a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site.

This survey shall be required only if any construction would occur during the nesting and/or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree, or as recommended by the qualified biologist, shall be halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, as determined by the qualified biologist. If construction activities are not scheduled between March 1 and August 1, no further shrike or tree surveys shall be required (corresponds to EIR Mitigation Measure 5).

8. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential roost habitat (i.e., riparian woodland and oak woodland), pre- construction surveys for bat roosts shall be performed by a qualified biologist. If bat roost sites are found, the biologist shall implement a program to remove/displace the bats prior to the removal of known roost sites. In addition, an alternate roost site shall be constructed in the vicinity of the known roost site. Specifications of the alternate roost shall be determined by a bat specialist (corresponds to EIR Mitigation Measure 6).

9. Prior to approval of each tentative map or use permit, project plans for future development on the project site shall be designed to avoid unnecessary filling or other disturbance of natural drainage courses and associated oak/riparian woodland vegetation to the greatest extent feasible, subject to review and approval of the City of Gilroy Planning Division. In the event that disturbance of site drainages and associated oak/riparian woodland vegetation cannot be avoided (i.e., Reservoir Canyon Creek Bridge construction, culverts, storm drain outfalls, etc.), authorization from the California Department of Fish and Game through Section 1600 et. seq. of the Fish and Game Code and/or the U.S. Army Corps of Engineers through Section 404 of the Clean Water Act and the Regional Water Quality Control Board through Section 401 of the Clean Water Act shall be obtained, if required, prior to issuance of building or grading permits for any activity that might encroach on the site’s drainages. Conditions imposed on these permits and/or authorizations may include but not be limited to the following (corresponds to EIR Mitigation Measure 8):
• Construction work shall be initiated and completed during the summer and fall months when the drainages are dry, or at least have a very low flow. Typically, no construction work shall be allowed between October 15th and April 15th. • A Habitat Restoration Plan shall be prepared to identify the exact amount and location of affected and replacement habitat, to specify on-site revegetation with locally- obtained native species within the buffer areas to mitigate habitat loss, and to provide specifications for installation and maintenance of the replacement habitat. Any loss of riparian or wetland vegetation resulting from construction activities shall be mitigated on-

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Packet Pg. 205 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision)

Resolution No. 2022-XX
Establishing Pension Funding Policy
City Council Regular Meeting | April 18, 2022

site at a minimum 3:1 replacement ratio.

10. Any loss of oak and/or riparian woodland habitat resulting from development shall require the project proponent to retain a qualified biologist to prepare a Habitat Restoration Plan to identify the exact amount and location of affected and replacement habitat, specify an appropriate plant palette, and provide specifications for installation and maintenance of the replacement habitat. Replacement vegetation shall consist of locally-obtained native plant species. Any loss of riparian woodland vegetation shall be mitigated on-site at a minimum of 3:1 replacement ratio, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. Any loss of oak woodland vegetation shall require preservation of on-site oak woodland at a ratio of 3:1 and replanting on-site at a ratio of 1:1, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. The Habitat Restoration Plan shall be prepared prior to issuance of building or grading permits for any activity requiring removal of oak and/or riparian woodland habitat, subject to review and approval of the City of Gilroy Planning Division and California Department of Fish and Game (corresponds to EIR Mitigation Measure 9).

11. Prior to commencement of construction activities associated with Reservoir Canyon Creek Bridge, the project proponent responsible for construction of the bridge shall arrange for a qualified biologist to monitor bridge construction activities to ensure there are no impacts to wetlands and associated oak/riparian woodland habitat (corresponds to EIR Mitigation Measure 10).

12. Prior to issuance of grading and/or building permits, subject to the review of the Gilroy Planning Division, the project applicant shall install siltation fencing, hay bales, or other suitable erosion control measures along portions of natural and manmade drainage channels in which construction will occur and within 20 feet of construction and/or staging areas in order to prevent sediment from filling the creek (corresponds to EIR Mitigation Measure 13).

13. Prior to issuance of grading and/or building permits, the project proponent of any future development on the project site shall submit a Landscape Plan, for review and approval by the City of Gilroy Planning Division. Landscaping plans for areas adjacent to riparian habitat shall include appropriate guidelines to prevent contamination of drainages and their associated riparian habitat by pesticides, herbicides, fungicides, and fertilizers.

Landscaping shall include appropriate native plants species and should not include plantings of non-native, invasive plant species (corresponds to EIR Mitigation Measure 14).

14. A schematic lighting plan shall be submitted with each development proposal for review and approval by the Planning Division. Exterior lighting for any development proposed adjacent to open space areas shall be of low stature (i.e., 20 feet) and shall be of a full cutoff design or include opaque shields to reduce illumination of the surrounding landscape. Lighting shall be directed away from open space areas (corresponds to EIR Mitigation Measure 16).

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Packet Pg. 206 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision)

Resolution No. 2022-XX
Establishing Pension Funding Policy
City Council Regular Meeting | April 18, 2022

15. Prior to approval of a tentative map for each phase of the proposed project containing or adjacent to preserved natural open space areas, a signage plan shall be prepared to outline the language, number and location of signs to dissuade people from straying off trails and to prohibit unleashed dogs in the open space areas, subject to approval by the City of Gilroy Planning Division (corresponds to EIR Mitigation Measure 17).

16. Prior to commencement of construction activities, the protected zone of any trees or groups of trees to be retained shall be fenced to prevent injury to the trees during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete (corresponds to EIR Mitigation Measure 19).

17. Project proponents shall submit a soils investigation prepared by a qualified soils engineer for future development on the project site. The recommendation of the soils investigation shall be incorporated into final building plans, subject to the review and approval by the Gilroy Engineering Division prior to approval of any building permits (corresponds to EIR Mitigation Measure 20).

18. The project applicant shall design all structures in accordance with the Uniform Building Code for seismic design. In addition, all recommendations in the geotechnical reports prepared for the project shall be implemented. Structural design is subject to the review and approval by the Gilroy BLES Division prior to the issuance of building permits (corresponds to EIR Mitigation Measure 21).

19. The project applicant for any proposed development on the project site, shall, for each phase of the development, submit a Notice of Intent (NOI) and detailed engineering designs to the Central Coast RWQCB. The associated permit shall require development and implementation of a SWPPP that uses storm water “Best Management Practices” to control runoff, erosion and sedimentation from the site. The SWPPP must include Best Management Practices that address source reduction and, if necessary, shall include practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to approval of a building permit for each phase of the project (corresponds to EIR Mitigation Measure 24).

20. The project applicant shall submit plans for review by, and obtain an approved permit from, the Santa Clara Valley Water District for any work that requires a permit from the water district (corresponds to EIR Mitigation Measure 25).

21. Future applicants in the Glen Loma Ranch specific plan area shall prepare a post- construction storm water management plan, subject to the review and approval of the Gilroy Engineering Division prior to the approval of final improvement plans, that shall include structural and non-structural best management practices (BMPs) for the reduction of pollutants in storm water to the maximum extent practicable (corresponds to EIR Mitigation Measure 26).

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Packet Pg. 207 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision)

Resolution No. 2022-XX
Establishing Pension Funding Policy
City Council Regular Meeting | April 18, 2022

22. Prior to issuance of a grading permit for all areas within the Specific Plan area, the following measures shall be incorporated into the project plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division (corresponds to EIR Mitigation Measure 28):
a. Construction shall be limited to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays; b. All internal combustion engine-driven equipment shall be equipped with mufflers that are in good condition and appropriate for the equipment; and c. Stationary noise-generating equipment shall be located as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area.

23. Signalize the Santa Teresa Boulevard/Fitzgerald Avenue intersection and add eastbound and westbound left turn lanes (corresponds to EIR Mitigation Measure 34).

The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase II.

24. Add a northbound left turn lane to the Uvas Park Drive/Miller Avenue intersection.

The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase II (corresponds to EIR Mitigation Measure 35).

25. Add second eastbound and westbound left turn lanes to the Santa Teresa Boulevard/First Street intersection (corresponds to EIR Mitigation Measure 37).

The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III.

26. Signalize the Uvas Park Drive/Miller Avenue intersection and add northbound and southbound left-turn lanes (corresponds to EIR Mitigation Measure 39).

The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III.

Note: This intersection would operate at LOS C during the AM and PM peak hours with implementation of this improvement. However, under General Plan Buildout Conditions, the Tenth Street Bridge would be required to be constructed. With the Tenth Street Bridge, this intersection would operate at LOS A during the AM peak hour and LOS C during the PM peak hour with NO improvements, e.g. signalization and lane additions.

Therefore, the mitigation measure identified above would not be required under General Plan Buildout Conditions, assuming the Tenth Street Bridge were constructed.

One option would be to only add the northbound left-turn lane as recommended in the previous scenario (Background Plus Project Phases I and II) and consider LOS E as an

8.1.d
Packet Pg. 208 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision)

Resolution No. 2022-XX
Establishing Pension Funding Policy
City Council Regular Meeting | April 18, 2022

acceptable short term level of service for this intersection. Another option is to implement the mitigation measure above (signalize the intersection and add the left-turn lanes, which would improve operations to LOS C during the AM and PM peak hours), with the knowledge that the signal could be removed once the Tenth Street Bridge is constructed at General Plan Buildout Conditions.

27. If the Thomas Road/Luchessa Avenue intersection was converted to a one lane modern roundabout, add a second lane to the roundabout and widen the Luchessa Avenue Bridge to four lanes. This would result in LOS A during both the AM and PM peak hours (corresponds to EIR Mitigation Measure 41).

OR

If the Thomas Road/Luchessa Avenue intersection was signalized and a northbound right turn lane was added, add a second westbound left turn lane and westbound through lane and widen the Luchessa Avenue Bridge to four lanes.

The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III.

28. Add second northbound and westbound left turn lanes at the Monterey Street/Luchessa Avenue intersection (corresponds to EIR Mitigation Measure 43).

The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III.

29. Add an eastbound and westbound through lane on First Street at its intersection with Santa Teresa Boulevard (corresponds to EIR Mitigation Measure 44).

The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III.

30. Residential fire sprinklers shall be installed in all residences within the specific plan area over 3,000 square feet, including single-family and multi-family town homes or apartments, and residential clusters with more than 25 units that lack secondary access.

Residential fire sprinklers shall be installed prior to occupancy. Prior to approval of future development projects within the specific plan area, the City Fire Marshal may require that all residences have residential fire sprinkler systems, regardless of conditions stated above, especially if streets are narrow, buildings are closely spaced, emergency response time is not met, there is inadequate fire flow, building are adjacent to natural areas, or other conditions exist that could hinder the ability of the City of Gilroy Fire Department to perform fire suppression acts in such case they would be needed. The sprinklers shall be designed and installed in accordance with City of Gilroy Fire Department policies (corresponds to EIR Mitigation Measure 50).

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Packet Pg. 209 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision)

Resolution No. 2022-XX
Establishing Pension Funding Policy
City Council Regular Meeting | April 18, 2022

31. The Glen Loma Ranch Homeowner’s Association shall take full responsibility for management and maintenance of the preserved open space areas within the project site.

Seasonal vegetation management should be scheduled to occur at the end of the rainy season and consistent with the annual weed abatement resolution. The HOA should implement any vegetation management in the Preserved Open Spaces and Fuel Transition Zones at the beginning of the weed abatement season. This language shall be included in the HOA conditions, covenants, and restrictions (corresponds to EIR Mitigation Measure 52).

The following conditions shall be addressed prior to issuance of any GRADING PERMIT or IMPROVEMENT PLAN.

32. 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 City Council.

The following conditions shall be met prior to tract acceptance.

33. ON- AND OFF-SITE IMPROVEMENTS: Prior to tract acceptance, 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.

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.

34. TENTATIVE MAP: The approved tentative map shall expire twenty-four (24) months from the approval date and may be extended pursuant to the provisions of the Subdivision Map Act and Gilroy City Code section 21.41 (i), if the final map is not approved prior to expiration.

35. HOMEOWNERS’ ASSOCATION: Developer shall establish Homeowners’ Associations (HOA) for the Palomino II neighborhood or annex this neighborhood into the existing Glen Loma Ranch HOA. The HOA shall be responsible for the maintenance and enforcement of parking, private streets, landscaping, recreation and other interior areas held in common by the HOA. Such responsibilities shall be provided within the Covenants, Conditions, and Restrictions (CC&Rs) for the development. The City shall review all CC&Rs prior to recordation.

36. COVENANTS, CONDITIONS, AND RESTRICTIONS: Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail.

The following conditions shall be complied with AT ALL TIMES DURING THE

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Packet Pg. 210 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision)

Resolution No. 2022-XX
Establishing Pension Funding Policy
City Council Regular Meeting | April 18, 2022

CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition.

37. 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.”

38. 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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Packet Pg. 211 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision)

Resolution No. 2022-XX
Establishing Pension Funding Policy
City Council Regular Meeting | April 18, 2022

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.”

39. 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.

40. 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.

41. 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

8.1.d
Packet Pg. 212 Attachment: TM 2105 City Council Draft Resolution (3711 : Glen Loma Ranch Palomino II Subdivision)

Resolution No. 2022-XX
Establishing Pension Funding Policy
City Council Regular Meeting | April 18, 2022