Agenda packet — Gilroy City Council, August 1, 2022 (part 1 of 4)

July 28, 2022 1:00 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, AUGUST 1, 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 held at thi s 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
08/1/2022 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. Annual Arts and Culture Commission Presentation

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

City Council Regular Meeting Agenda
08/1/2022 Page3 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 meeting will be distributed to the City Counc il 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.

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 (al ternate), Santa Clara Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy Authority 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 Heritage Committee (Alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, South County Regional W astewater 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, South 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

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08/1/2022 Page4 Board, VTA Board of Directors Alternate, VTA Mobility Partnership, VTA Policy Advisory Committee, VTA South County City Group

5. COUNCIL CORRESPONDENCE

6. FUTURE COUNCIL INITIATED AGENDA ITEMS

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

7.1. City Council - Regular Meeting - Jul 5, 2022 6:00 PM

7.2. Approval of a Fourth Amendment to the Agreement with Lynx Technologies in the Amount of $25,490 for Geographic Information System (GIS) Support and Maintenance

7.3. Emergency Sewer Line Repairs at Old City Hall Restaurant

7.4. Argument in favor of the Public Projects Bidding, Contracting, and Notification Charter Amendment Ballot Measure

8. BIDS AND PROPOSALS

9. PUBLIC HEARINGS

9.1. Consideration of the Report of Abatement of Weeds and Refuse Within the City of Gilroy and Adoption of a Resolution of the City Council of the City of Gilroy Confirming the Imposition of Assessment Liens Against the Land

1. Disclosure of Ex-Parte Communications

2. Staff Report: Jonathan Crick, Deputy Fire Marshal

3. Open Public Hearing

4. Close Public Hearing

5. Possible Action:

It is recommended that Council adopt a resolution allowing the assessment of fees, minus any qualifying objections, as reported by the Santa Clara County Weed Abatement Program.

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08/1/2022 Page5 9.2. Tentative Map, Planned Unit Development Zoning Amendment, and Architectural and Site Review Permit for 4-unit Townhome Development on Gurries Drive

1. Disclosure of Ex-Parte Communications

2. Staff Report: Cindy McCormick, Customer Service Manager

3. Open Public Hearing

4. Close Public Hearing

5. Possible Action:
a) Motion to read the ordinance by title only and waive further reading; b) Introduce an Ordinance of the City Council approving a Planned Unit Development Zoning Amendment on property currently located on Gurries Drive, identified as assessor parcel numbers 790-35-038, 039, and 054 (file number Z 21-04); and
c) Adopt a Resolution approving a Tentative Map to adjust the lot lines and subdivide three (3) parcels on Gurries Drive (APN: 790-35-038, 039, & 054) into a total of four (4) parcels (file number TM 21-03); and d) Adopt a resolution approving an Architectural and Site Review Permit to allow construction of four (4) townhomes on the subject property (file number AS 21-14), following approval of the associated PUD Zoning Amendment and Tentative Map.

9.3. Approval of a Zoning Amendment and Tentative Map for 700 W 6th St. Residential Subdivision Project

1. Disclosure of Ex-Parte Communications

2. Staff Report: Kraig Tambornini, Senior Planner

3. Open Public Hearing

4. Close Public Hearing

5. Possible Action:
a) Motion to read the ordinance by title only and waive further reading (Z22- 01).
b) Introduce an Ordinance of the City Council approving Zoning Amendment application Z 22-01 to redesignate a 3.7 acre site from Professional Office (PO) Zone to Single Family (R1) Zone, consistent with the 20 40 General Plan.
c) Adopt a Resolution approving Tentative Map application TM 22-01 to subdivide the property into 19 single family residential lots.

10. UNFINISHED BUSINESS

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08/1/2022 Page6 11. INTRODUCTION OF NEW BUSINESS

11.1. Selection of Designated Voting Delegate and Alternate Voting Delegates for the League of California Cities 2022 Annual Conference

1. Staff Report: Thai Pham, City Clerk

2. Public Comment

3. Possible Action:

Staff recommends the City Council authorize a Council Member as the Designated Voting Delegate to attend the 2022 California Cities Annual Conference on behalf of the City, and up to two alternate voting delegates

11.2. Clarification and Potential Amendment to Attendance Policy for City Boards, Commissions and Committees

1. Staff Report: Thai Pham, City Clerk

2. Public Comment

3. Possible Action:

Council Discuss Issues Related to Current Attendance Policy for City Boards, Commissions, and Committees and Consider Adoption of a Resolution to Amend Policy

11.3. Consideration of a Council Correspondence Policy for Council Agendas

1. Staff Report: Jimmy Forbis, City Administrator

2. Public Comment

3. Possible Action:

Council to approve a Council Correspondence Policy and authorize the City Administrator to implement the policy in future City Council meeting agendas.

11.4. Council Discussion and Direction Regarding Potential 2022 Reach Codes

1. Staff Report: Hipolito Olmos, Building Official

2. Public Comment

3. Possible Action:
1) Consider staff’s recommendations concerning electric vehicle charging, bicycle parking, and gas/electrical appliance requirements and their application to new construction.
2) Council deliberate and edit/modify or leave intact staff recommendations. 3) Direct staff to return to a future City Council meeting for formal adoption of final reach code language and incorporate such language into the adoption of the 2022 California Green Building Code Update.

City Council Regular Meeting Agenda
08/1/2022 Page7 11.5. Approval of Gilroy Management Association Memorandum of Understanding and Adoption of a Resolution Approving Associated Salary Schedules for the Period of July 1, 2022 Through June 30, 2025

1. Staff Report: LeeAnn McPhillips, Administrative Services/HR Director/Risk Manager

2. Public Comment

3. Possible Action:
a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for FY 23 to implement the terms of the Gilroy Management Association Memorandum of Understanding for FY 23 and authorizing the inclusion of appropriate funds in the futu re FY 24 and FY 25 budgets for salary and benefit expenditures related to the implementation of the MOU. b) Approve a Memorandum of Understanding between the City and Gilroy Management Association for the period July 1, 2022 - June 30, 2025. c) Adopt a Resolution of the City Council of the City of Gilroy approving the July 1, 2022, July 1, 2023 and July 1, 202 4 salary schedules associated with the Gilroy Management Association Memorandum of Understanding.

11.6. Approval of July 1, 2022, July 1, 2023, and July 1, 2024 Salary Schedules for Full-Time/ Unrepresented/Confidential/Exempt Employees, Part-Time/Temporary/Unrepresented/Exempt Employees, and Full-Time/Unrepresented/Exempt/At-Will/Department Head Employees

1. Staff Report: LeeAnn McPhillips, Administrative Services/HR Director/Risk Manager

2. Public Comment

3. Possible Action:
a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for FY 23 to implement the terms of the salary resolutions for the Full - Time/Unrepresented/Confidential/Exempt/Mid-Management Employees, Part-Time/Temporary/Unrepresented/Temporary/Exempt Employees, and Full-Time/Unrepresented/Exempt/At-Will/Department Head Employees for FY 23 and authorizing the inclusion of appropriate funds in the future FY 24 and FY 25 budgets for salary and benefit expenditures related to the implementation of the salary resolutions.
b) Adopt a Resolution of the City Council of the City of Gilroy approving the July 1, 2022, July 1, 2023 and July 1, 2024 salary schedules for Unrepresented Exempt Mid-Management Employees, Unrepresented Exempt Part- Time/Temporary Employees, and Unrepresented Department Heads.

12. CITY ADMINISTRATOR'S REPORTS

12.1. International City Management Association Economic Development Video

City Council Regular Meeting Agenda
08/1/2022 Page8 13. CITY ATTORNEY'S REPORTS

14. CLOSED SESSION

14.1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.11 (2);
Employee Name/Title: Andy Faber, City Attorney

15. 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)

16. ADJOURNMENT

FUTURE MEETING DATES

AUGUST 2022
15* Regular Meeting - 6:00 p.m.

SEPTEMBER 2022
12* Regular Meeting - 6:00 p.m.
19* Regular Meeting - 6:00 p.m.

OCTOBER 2022
3* Regular Meeting - 6:00 p.m.
17* Regular Meeting - 6:00 p.m.

NOVEMBER 2022
7* Regular Meeting - 6:00 p.m.
21* Regular Meeting - 6:00 p.m.

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

*Meeting is webstreamed

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City of Gilroy
City Council Regular Meeting Minutes
July 5, 2022

1. OPENING

1.1. Call to Order
The meeting was called to order at 6:00 PM by Mayor Marie Blankley.

1. Pledge of Allegiance
Council Member Tovar led the Pledge of Allegiance.

2. Invocation
Pastor Bill Hawkins from New Hope led the Invocation.

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

Attendee Name Title Status
Marie Blankley Mayor Present
Rebeca Armendariz 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. Orders of the Day
There were none.

1.3. Employee Introductions
There were none.

2. CEREMONIAL ITEMS

2.1. Proclamations, Awards, and Presentations
There were none.

3. 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
The following individuals spoke on items that were not on the agenda:

Stefanie Elle requested Council to update bee keeping laws within the City.

Ron Kirkish spoke on the links of marijuana and autism.

7.1 Packet Pg. 9 Minutes Acceptance: Minutes of Jul 5, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))

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

4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco had nothing to report.

Council Member Armendáriz had nothing to report.

Council Member Marques had nothing to report.

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

Council Member Tovar reported on the June 24th Staff BBQ and Gourmet Alley Ad Hoc Committee.

Vice Mayor Leroe-Muñoz had nothing to report.

Mayor Blankley reported on Gilroy Sister Cities and that she will be attending the South County Wastewater Regional Authority and Valley Santa Clara Valley Water District meetings.

5. COUNCIL CORRESPONDENCE
There were none.

6. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Marques requested staff to provide a report about the urban bee issue as a future agenda item. The item received majority support.

Council Member Hilton requested reimbursement for his CivicWell 2022 Yosemite Policymakers Conference for $1,200 and Silicon Valley Annual Bike Summit for $50.00. The item did not receive majority support.

7. CONSENT CALENDAR (ROLL CALL VOTE)
Mayor Blankley opened Public Comment.

There being no speakers, Mayor Blankley closed Public Comment.

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

7.1. City Council - Regular Meeting - Jun 20, 2022 6:00 PM A motion was made to approve the minutes.

7.2. Accept and File Quarterly Cash and Investment Report as of March 31, 2022
A motion was made to accept and file the quarterly cash and investment report as of March 31, 2022.

7.1 Packet Pg. 10 Minutes Acceptance: Minutes of Jul 5, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))

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7.3. A Resolution of the City Council of the City of Gilroy Amending the Budget for The City of Gilroy for Fiscal Years 2021-22 and 2022-23 in the Community Development Block Grant Fund and Appropriating Proposed Expenditure Amendments

A motion was made to adopt the Resolution.

Enactment No.: Resolution No. 2022-38

7.4. Approval to Extend the Construction Management Consultant Pre- Approved List for an Additional Year through August 19, 2023 A motion was made to approve the extension of the pre-approved list of construction management consultants for an additional year, until August 19, 2023.

7.5. Retirement Proclamation for Senior Equipment Mechanic Michael Blundo
A motion was made to accept the retirement proclamation.

7.6. Adoption of An Ordinance of the City Council of the City of Gilroy Amending Sections 7.3, 7.4, and 7.5 of Chapter 7 of the Gilroy City Code Entitled Cost Comparison System for Fee and Service Charge Revenue A motion was made to adopt the ordinance.

Enactment No.: Ordinance No. 2022-05

8. BIDS AND PROPOSALS
There were none listed.

9. PUBLIC HEARINGS

9.1. Consideration of the Placement of Special Assessment Liens for the Non- payment of Charges for the Collection of Garbage, Rubbish, and Refuse on Certain Properties Located in the City of Gilroy
Mayor Blankley asked the Council if they have any ex -parte communications to disclose. There were none.

Finance Director Sangha gave staff presentation and responded to Council Member questions.

Mayor Blankley opened the Public Hearing at 6:21 PM

There being no comments, Mayor Blankley closed the public hea ring at 6:21 PM.

7.1 Packet Pg. 11 Minutes Acceptance: Minutes of Jul 5, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))

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Possible Action:

Adopt a Resolution of the City Council of the City of Gilroy imposing special assessment liens for the costs of delinquent garbage collection services for certain properties located in Gilroy, California.

RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar

Enactment No.: Resolution No. 2022-39

9.2. Adopt a Resolution Updating the Citywide User Fee Schedule Mayor Blankley asked the Council if they have any ex-parte communications to disclose. There were none.

Finance Director Sangha gave staff presentation and responded to Council Member questions.

Mayor Blankley opened the Public Hearing at 6:32 PM

There being no comments, Mayor Blankley closed the public hearing at 6:32 PM.

Possible Action:

1. Open and close the Public Hearing.

2. Adopt a resolution updating the Citywide User Fee Schedule based on the 2022 Comprehensive User Fee Study.

RESULT: APPROVE [6 TO 1]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Marie Blankley, Mayor
AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar NAYS: Rebeca Armendariz

Enactment No.: Resolution No. 2022-40

10. UNFINISHED BUSINESS

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

There being no comments, Mayor Blankley closed Public Comment.

7.1 Packet Pg. 12 Minutes Acceptance: Minutes of Jul 5, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))

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Possible Action:

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

RESULT: Appoint Jessica Irwin as Open Government Commissioner with a term ending December 31, 2025 [UNANIMOUS]
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar

10.2. Report on Services for Unhoused Individuals and Enforcement of No- Camping Ordinances
Police Chief Espinoza and City Attorney Faber gave staff presentation and answered responded to Council Member questions.

Mayor Blankley opened Public Comment.

Toni-Jo Napihaa spoke on her condition of her experience of an individual experiencing homelessness and wanted Council to address the issue of homelessness within the City.

Mike Conrotto stated the need place individuals experiencing homelessness into designated encampment sites.

Gregory Bumb, Gilroy Motorcycle Centers, described the encampment that was behind his store.

Michael Morris spoke about the crime within the homeless encampments.

Joseph Robinson stated that individuals experiencing homelessness need actual housing.

Lizanne Davey inquired how much the homelessness industry makes.

Marty Estrada stated that the City cannot criminalize homelessness and requested that the City sanction an encampment within the City.

Jan Bernstein Chargin stated that the homeless shelter is being overwhelmed for request for shelter.

Sonia Olivas described her experience of someone experiencing homelessness.

Sally Armendariz reminded Council that people who are experiencing homelessness are also individuals.

Ron Kirkish thanked Council Member Bracco for bringing this issue and expressed his opinion on the homelessness situation.

Robert Weaver expressed his opinion on the homelessness situation.

Kim Summers described her experience of someone experiencing homelessness.

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

7.1 Packet Pg. 13 Minutes Acceptance: Minutes of Jul 5, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))

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Possible Action:

Authorize the Gilroy Police Department (“GPD”) to enforce no-camping ordinances on public property if it offers space at a homeless shelter to individuals beforehand and ensures that the particular shelter that it is offering to connect the individual with could accommodate their needs pursuant to The Americans with Disabilities Act (“ADA”); and Authorize city personnel to clean and clear encampments in public parks and other public land in compliance with a written protocol (GPD Police Policy 411) that provides a number of safeguards required by the Courts, including outreach and notice to occupants, provision of social services, photographic documentation, safeguarding of occupants’ personal property, and the making available of shelter space for displaced occupants.

RESULT: APPROVE [5 TO 2]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tovar
NAYS: Rebeca Armendariz, Zach Hilton
x Motion to have Staff provide a report to Council options to house individuals experiencing homelessness on City property.

RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar

10.3. Approval of the Santa Teresa Interim Fire Station Alternate Location and Funding
Fire Chief Wyatt gave staff presentation and responded to Council Member questions.

Mayor Blankley opened Public Comment.

There being no comments, Mayor Blankley closed Public Comment.

Possible Action:

Approve construction of an interim fire station in the estimated amount of $344,000 located on the corner of 10th Street & DeAnza Place in the Santa Teresa Fire Response District.

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

7.1 Packet Pg. 14 Minutes Acceptance: Minutes of Jul 5, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))

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Adopt a budget amendment resolution to appropriate $344,000 in the Capital Projects Fund for the construction at the alternate site of an interim fire station.

RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar

Enactment No.: Resolution No. 2022-41

10.4. A Resolution of the City Council of the City of Gilroy Amending the Submission to the Qualified Electors of the City of a Certain Measure Relating to the Proposed City Charter Amendment at the Special Municipal Election to be Held on Tuesday, November 8, 2022, as Called by Resolution No. 2022-36
City Administrator Forbis gave staff presentation and responded to Council Member questions.

Mayor Blankley opened Public Comment.

There being no comments, Mayor Blankley closed public comment.

Possible Action:

Council adopt the resolution amending the proposed City Charter amendment relating to the use of newspaper advertisements.

RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar

Enactment No.: Resolution No. 2022-42

11. INTRODUCTION OF NEW BUSINESS

11.1. Resolution Declaring a Portion of the Gilroy Sports Park Property as Surplus Pursuant to Government Code Section 54221
Senior Management Analyst Atkins gave staff presentation an d responded to Council Member questions.

Mayor Blankley opened Public Comment.

Marty Estrada requested Council to set aside a part of the land to be used as a Youth Center and leverage the rest of the site as temporary homeless shelter.

Sally Armendariz echoed Mr. Estrada’s sentiments need of youth center.

There being no comments, Mayor Blankley closed public comment.

7.1 Packet Pg. 15 Minutes Acceptance: Minutes of Jul 5, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))

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Possible Action:

Adopt a resolution of the City Council of the City of Gilroy declaring a portion of the Gilroy Sports Park Property (approximately 9.1 acres) to be surplus land, and direct staff to proceed in conformance with the State Surplus Lands Act regarding the potential disposition of said property.

RESULT: APPROVE [UNANIMOUS]
MOVER: Rebeca Armendariz, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar

Enactment No.: Resolution No. 2022-43

11.2. Gourmet Alley/Downtown Ad Hoc Committee Recommendations Economic Development Manager Decker gave staff presentation and responded to Council Member questions responded to Council member questions.

Mayor Blankley opened Public Comment.

There being no comments, Mayor Blankley closed public comment.

Possible Action:

Update the Downtown Strategic Plan
RESULT: APPROVE [UNANIMOUS]
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
x Develop New Ordinances to Address Vacancies and Noise RESULT: APPROVE [UNANIMOUS]
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
Pursue Opportunities for An Assessment District
RESULT: APPROVE [UNANIMOUS]
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
Develop a Downtown Parking Management Plan
RESULT: APPROVE [UNANIMOUS]
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
x

11.3. Approval of Gilroy Firefighters IAFF Local 2805 Memorandum of Understanding and Related Salary Schedules for the Period July 1, 2022 Through June 30, 2026
HR Director McPhillips gave staff presentation and responded to Council Member questions responded to Council member questions.

7.1 Packet Pg. 16 Minutes Acceptance: Minutes of Jul 5, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))

City Council Regular Meeting Minutes
June 6, 2022

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07/5/2022
Mayor Blankley opened Public Comment.

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

RESULT: APPROVE ALL ITEMS IN ONE MOTION [UNANIMOUS]
MOVER: Marie Blankley, Mayor
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
Possible Action:
a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for the City of Gilroy for 2022-2023 to implement the terms of the Gilroy Firefighters, IAFF, Local 2805 Memorandum of Understanding (MOU) for FY 23, appropriating proposed expenditure amendments, and authorizing the inclusion of appropriate funds in the future FY 24, FY 25, and FY 26 budgets for salary and benefit expenditures related to the implementation of the MOU.

Enactment No.: Resolution No. 2022-44
b) Approve the Memorandum of Understanding between the City and Gilroy Firefighters, IAFF, Local 2805 for the period July 1, 2022 - June 30, 2026.

A motion was made to approve the Memorandum of Understanding between the City and Gilroy Firefighters, IAFF, Local 2805 for the period July 1, 2022 - June 30, 2026.
c) Adopt a Resolution of the City Council of the City of Gilroy approving the July 1, 2022, July 1, 2023, July 1, 2024 and July 1, 2025 salary schedules associated with the Gilroy Firefighters, IAFF, Local 2805 Memorandum of Understanding.

Enactment No.: Resolution No. 2022-45

11.4. Approval of AFSCME, Local 101 General Unit and AFSCME, Local 101 Supervisory Unit Memoranda of Understanding and Related Salary Schedules for the Period July 1, 2022 Through June 30, 2026 HR Director McPhillips gave staff presentation and responded to Council Member questions responded to Council member questions.

Mayor Blankley opened Public Comment.

There being no comments, Mayor Blankley closed public comment.

7.1 Packet Pg. 17 Minutes Acceptance: Minutes of Jul 5, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))

City Council Regular Meeting Minutes
June 6, 2022

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City Council Regular Meeting Minutes
07/5/2022
RESULT: APPROVE ALL ITEMS IN ONE MOTION [UNANIMOUS]
MOVER: Carol Marques, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
Possible Action:
a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for FY 23 to implement the terms of the AFSCME, Local 101 Memoranda of Understanding (MOU) for FY 23 and authorizing the inclusion of appropriate funds in the future FY 24, FY 25, and FY 26 budgets for salary and benefit expenditures related to the implementation of the MOUs.

Enactment No.: Resolution No. 2022-46
b) Approve the Memoranda of Understanding with AFSCME, Local 101 General Unit and AFSCME, Local 101 Supervisory Unit for the period July 1, 2022 - June 30, 2026.

A motion was made to approve the Memoranda of Understanding with AFSCME, Local 101 General Unit and AFSCME, Local 101 Supervisory Unit for the period July 1, 2022 - June 30, 2026 was approved. c) Adopt a Resolution of the City Council of the City of Gilroy approving the July 1, 2022, July 1, 2023, July 1, 2024, and July 1, 2025 salary schedules associated with the AFSCME, Local 101 General unit.

Enactment No.: Resolution No. 2022-47
d) Adopt a Resolution of the City Council of the City of Gilroy approving the July 1, 2022, July 1, 2023, July 1, 2024, and July 1, 2025 salary schedules associated with the AFSCME, Local 101 Supervisory unit.

Enactment No.: Resolution No. 2022-48

11.5. Approval of Updated July 1, 2022, July 1, 2023, July 1, 2024, and July 1, 2025 Salary Schedules for Unrepresented Confidential Non-Exempt Employees and Unrepresented Hourly Part-Time/Temporary/Seasonal Employees
HR Director McPhillips gave staff presentation and responded to Council Member questions responded to Council member questions.

Mayor Blankley opened Public Comment.

There being no comments, Mayor Blankley closed public comment

7.1 Packet Pg. 18 Minutes Acceptance: Minutes of Jul 5, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))

City Council Regular Meeting Minutes
June 6, 2022

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City Council Regular Meeting Minutes
07/5/2022
RESULT: APPROVE ALL ITEMS IN ONE MOTION [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for FY 23 to implement the terms of the full-time, unrepresented, confidential, non-exempt employees and unrepresented, hourly, part- time/temporary/seasonal employees salary resolutions, appropriating proposed expenditure amendments, and authorizing the inclusion of appropriate funds in the future FY 24, FY 25, and FY 26 budgets for salary and benefit expenditures related to the implementation of the salary resolutions.

Enactment No.: Resolution No. 2022-49
b) Adopt a Resolution of the City Council of the City of Gilroy approving the July 1, 2022, July 1, 2023, July 1, 2024 and July 1, 2025 salary schedules for full-time, unrepresented, confidential, non-exempt employees.

Enactment No.: Resolution No. 2022-50

c) Adopt a Resolution of the City Council of the City of Gilroy approving the July 1, 2022, July 1, 2023, July 1, 2024 and July 1, 2025 salary schedules for the unrepresented, non-exempt/hourly, part- time/temporary/seasonal employees.

Enactment No.: Resolution No. 2022-51

11.6. Payment of a One-Time Retention Incentive in the Amount of $3,000 for All Full-Time City of Gilroy Employees as Allowed by the American Rescue Plan Act of 2021
HR Director McPhillips gave staff presentation and responded to Council Member questions responded to Council member questions.

Mayor Blankley opened Public Comment.

There being no comments, Mayor Blankley closed public comment.

7.1 Packet Pg. 19 Minutes Acceptance: Minutes of Jul 5, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))

City Council Regular Meeting Minutes
June 6, 2022

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City Council Regular Meeting Minutes
07/5/2022
Possible Action:

Adopt a Resolution of the City Council of the City of Gilroy approving a one-time retention incentive payment of $3,000.00 for all full-time City of Gilroy employees using funds provided by the American Rescue Plan Act of 2021 and amending the Fiscal Year 2022-23 adopted budget.

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

Enactment No.: Resolution No. 2022-52

12. CITY ADMINISTRATOR'S REPORTS

12.1. City’s Animal Removal Contracts
Police Chief Espinoza provided a brief report and responded to Council Member questions.

Mayor Blankley open Public Comment.

Michelle Rodriguez requested that the City should use San Mart in Animal Shelter for animal welfare services within the City.

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

Possible Action:

12.2. Silicon Valley Economic Development Alliance Tour of Downtown Morgan Hill
City Administrator Forbis provided a brief report and responded to Council Member questions.

13. CITY ATTORNEY'S REPORTS
There were none.

7.1 Packet Pg. 20 Minutes Acceptance: Minutes of Jul 5, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))

City Council Regular Meeting Minutes
June 6, 2022

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07/5/2022

14. CLOSED SESSION
Mayor Blankley opened Public Comment.

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

Mayor Blankley adjourned Regular Meeting to Closed Session at 9:30 p.m.

The City Council convened in Closed Session at 9:35 p.m.

The Council voted to stay in closed session was u nanimous.

14.1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; Paragraph (1) of Subdivision (d) of 54956.9 and Gilroy City Code Section 17A.11(3)(a)

14.1.1. Case Name: Sierra Granados; Elijah Correa, a minor vs. City of Gilroy Police Department and Does 1 through 50; Superior Court of California, County of Santa Clara; Case No. 21CV392802, Filed January 4, 2022
No reportable action.

14.1.2. Case Name: Pedro Bazurto vs. City of Gilroy Police Department et al.; Superior Court of California, County of Santa Clara; Case No. 21CV384442, Filed July 19, 2021
No reportable action.

14.1.3. Case Name: William Dudding; Gilroy Police Officers Association vs.

City of Gilroy et al.; Superior Court of California, County of Santa Clara; Case No. 22CV399385, Filed June 17, 2022

No reportable action.

14.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GC Sec.17A.8 (a) (2)

14.2.1.Properties: 7259 Monterey Road: APN 799-09-059
Negotiators: Jimmy Forbis, City Administrator; Karine Decker, Economic Development Manager
Other Party to Negotiations: RIG I LLC
Negotiating Price and terms of purchase regarding sale of property

No reportable action.

7.1 Packet Pg. 21 Minutes Acceptance: Minutes of Jul 5, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))

City Council Regular Meeting Minutes
June 6, 2022

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City Council Regular Meeting Minutes
07/5/2022

14.3. CONFERENCE WITH LABOR NEGOTIATORS - COLLECTIVE
BARGAINING UNITS Pursuant to GC Section 54957.6 and GCC Section 17A.11 (4)
Collective Bargaining Units: Gilroy Management Association Representing Mid-Management Employees; Unrepresented Exempt Employees (Confidential); Part-Time/Temporary/Seasonal Employees (Exempt); Unrepresented Exempt Department Heads
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 Management Association (GMA)
No reportable action.

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

16. ADJOURNMENT
The meeting was adjourned at 10:35 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

7.1 Packet Pg. 22 Minutes Acceptance: Minutes of Jul 5, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))

City of Gilroy

STAFF REPORT
Agenda Item Title: Approval of a Fourth Amendment to the Agreement with Lynx Technologies in the Amount of $25,490 for Geographic
Information System (GIS) Support and Maintenance
Meeting Date: August 1, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director Prepared By: Monica Sendejas, Management Analyst
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) Approve a fourth amendment to the Agreement with Lynx Technologies through July 31, 2023.
b) Authorize the City Administrator to execute this fourth amendment, and c) Add $25,490 to the current contract, increasing the total not-to-exceed amount to $351,815.

BACKGROUND
A Geographic Information System (GIS) is a system designed to capture, store, manipulate, analyze, manage, and present spatial or geographic data. GIS applications are tools or computer programs that allow users to perform interactive searches and

7.2 Packet Pg. 23

create maps, analyze spatial information, edit data in maps, print and export reports, and present and share the results of all these operations.

Several departments with the City of Gilroy use GIS for various purposes including public safety operations (Fire and Police), infrastructure operation and maintenance (Public Works), and accessing/sharing zoning, land use and infrastructure data (Community Development). The City’s GIS infrastructure has been in place since 2004.

The City has relied on a consultant to perform these specialized services that are n ot otherwise available within the City’s IT, Public Works, or Community Development Departments.

Lynx Technologies has been the service provider to the City for GIS maintenance and support since 2013.

Dates Not-to-Exceed
Amount
Contract 7/31/2018 - 7/31/2019 $72,000
1st Amendment 7/31/2019 -7/31/2020 $161,600
2nd Amendment 7/31/2020 - 7/31/2021 $282,600
3rd Amendment 7/31/2021 - 7/31/2022 $326,325

ANALYSIS
Lynx Technologies provides basic and ongoing GIS data maintenance support, as well as several special projects and one-time activities. These special projects include preparation for integration of GIS with EnerGov, the land management system being implemented for Community Development Department permitting and project tracking and Cityworks, a maintenance management system for Public Works.

Lynx Technologies continues to complete the special projects and one -time tasks for departments under the previous amendment to the contract. This amendment extends the basic and ongoing GIS data maintenance support for one more year. The basic tasks include:
• Public Works Maintenance: Land base mapping, addresses, streets, parcels, utilities (water, sewer, storm).
• Planning Maintenance: Overlays for downtown, General Plan, and planning maps (Vehicle Miles Traveled, Planned Unit Developments, farmland, environmental studies, and agency data imports).
• Fire Department Maintenance: Monthly street and address database updates; Wall map updates.

7.2 Packet Pg. 24

• Police Computer Aided Dispatch (CAD) Updates: Approximately every 4–6 weeks, update GIS address points and streets in the Police Department CAD template Maverick Mapping software, and back up of current Live maps and data imported into the Live environment.
• Open Data Portal: Work with ESRI’s Open Data environment to provide systematic and automated data for the City’s goal of providing data for public consumption.

These GIS support services are needed to continue infrastructure upgrades, on-going projects, GIS updates, and to respond to increasing requests for GIS data from internal and external customers. The following is a breakdown of the proposed cost for the GIS data maintenance services to be provided in FY 22-23:
• Public Works: $58,390
• Community Development: $7,800
• Fire: $2,340
• Police: $3,120
• I.T.: $22,000
• TOTAL: $93,650
The contract has a remaining balance of $68,160 and with the additional $25,490 requested for the fourth amendment, the cost of the scope of work will be covered.

ALTERNATIVES
Council may choose not to approve the amendment to the contract. This would limit Ci ty departments’ ability to access, use, and share geographic information . Additionally, it would hamper public safety operations and customer service delivery for all City departments. This alternative is not recommended.

FISCAL IMPACT
This contract amendment would extend the term of the contract through July 31, 2023 and add $25,490 to the current contract with Lynx Technologies, increasing the total not-to-exceed amount to $351,815. The GIS service is funded by various funds that include the Development Impact Fees (storm drain, traffic, water, sewer, public facilities), Enterprise funds (water and sewer), and the General Fund (for public safety operation and development review activities). The proposed contract extension does not require any budget action. Sufficient funds have been budgeted in the adopted FY 22- 23 budget.

Attachments:

7.2 Packet Pg. 25

1. DRAFT 4th ADDENDUM to Agreement for Services - Lynx Technologies

2. 3rd Amendment to Agreement for Services - Lynx

3. 2nd ADDENDUM to Agreement for Services - Lynx Technologies

4. Lynx Technologies - GIS Maintenance and Services (2018) - Amendment No. 1

5. Lynx Technologies - GIS Maintenance and Services

7.2 Packet Pg. 26

4835-2267-0361v1
LAC\04706083 -1-

FOURTH AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF GILROY AND LYNX TECHNOLOGIES, INC.

WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Lynx Technologies, Inc. entered into that certain agreement entitled “Agreement for Services”, effective on July 31, 2018, hereinafter referred to as “Original Agreement”; and

WHEREAS, City and Lynx Technologies, Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement.

NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:

1. The first paragraph of Article 1 (Term of Agreement) of the Original Agreement shall be amended to read as follows:

“This Amendment will become effective on July 31, 2018 and continue in effect through July 31, 2023 unless terminated in accordance with the provisions of Article 7 of this Agreement.”

2. Article 4, Section A (Consideration) of the Original Agreement shall be amended to read as follows:

“In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONTRACTOR exceed $351,815.

3. Exhibit “B” (Scope of Services) of the original agreement is hereby replaced with the attached Exhibit “B”.

4. This Amendment shall be effective on August 2, 2022.

5. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control.

6. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.

7.2.a
Packet Pg. 27 Attachment: DRAFT 4th ADDENDUM to Agreement for Services - Lynx Technologies (3900 : Approval of a Fourth Amendment to the Agreement

4835-2267-0361v1
LAC\04706083 -1-
CITY OF GILROY LYNX TECHNOLOGIES, INC.

By:

By:
[signature]
Jimmy Forbis [signature]
Patrick Kelleher
[employee name]
City Administrator [name]
CEO
[title/department] [title]
Date: Date:

Approved as to Form ATTEST:

City Attorney City Clerk

7.2.a
Packet Pg. 28 Attachment: DRAFT 4th ADDENDUM to Agreement for Services - Lynx Technologies (3900 : Approval of a Fourth Amendment to the Agreement

TABLE B – Scope of Services and Breakdown of Labor Categories Item
2022/2023
Hrs./
Month
Hourly
Rate $ / Month $ / Year

1.A Public Works Maintenance:

Land base mapping, addresses, streets,
parcels, utilities (water, sewer, storm)

1.B Planning Maintenance:
overlays for downtown, general plan, zoning,
planning maps: VMT, PUDs, farmland, CEQA
IS, agency data imports),

1.C Fire Department Maintenance
Monthly street and address database updates.

Wall map updates

1.D Police CAD Updates
Approximately every 4 weeks, update GIS
Address points and Streets in Police Dept.

CAD template Maverick Mapping software.

1. Import into the Test environment, verify
addresses and streets for updates. Fix any
problems that might arise.

2.Back up current Live maps and data, Import
into the Live environment
Dispatch will confirm to make sure everything
is working correctly. If there are any problems
the CAD will be switched back to the previous
version.
65 8.7

2.6 3.5
$75
$75
$75
$75
$4,865
$650
$195
$260
$58,390
$7,800
$2,340
$3,120
EXHIBIT "B"

SCOPE OF SERVICES

7.2.a
Packet Pg. 29 Attachment: DRAFT 4th ADDENDUM to Agreement for Services - Lynx Technologies (3900 : Approval of a Fourth Amendment to the Agreement

Item
2022/2023
Hrs./
Month
Hourly
Rate $ / Month $ / Year

2.1 GIS Web Viewer, Development, and
Administration:

With new City implemented and more robust
web viewer using ArcGIS Server and
Geocortex environments: Simplify public
noticing tool, integrate MTC data with City’s
GIS to allow for more advanced reporting,
improve Planning Dept. vicinity map, add a
tool for track changes, and improve search
tools. Increase viewers (planning, public
works, front counter, public data, etc.),
increase ability to control default data layer
symbology and display, simplify addition of
new layers, creation of functional search bar,
open street map aerial, tool expansion, parcel
query tool and mailing label generator,
simplified parcel and shapefile buffering.

7.8 $75

$583

$7,000

2.2 GIS Migration to City Hall
Work with City IT to install ArcGIS Server
Enterprise and Latitude Geographics’
Geocortex software. Configure users and
security, migrate sites from current hosted
environment to on-premise. Testing.

Ongoing maintenance and management on-
site as required and remotely.

16.7 $75

$1,250

$15,000

7.2.a
Packet Pg. 30 Attachment: DRAFT 4th ADDENDUM to Agreement for Services - Lynx Technologies (3900 : Approval of a Fourth Amendment to the Agreement

City of Gilroy
Agreement/Contract Tracking

Today’s Date:

October 4, 2021 Your Name: Carina Baksa
Contract
Type:

Services over $5k - Consultant Phone Number: 408-846-0215

Contract Effective Date:
(Date contract goes into effect)
7/31/2021
Contract Expiration Date: 7/31/2022
Contractor / Consultant Name:
(if an individual’s name, format as
last name, first name)
Lynx Technologies, Inc.

Contract Subject:
(no more than 100 characters)
3rd Amendment to Agreement
Contract Amount:
(Total Amount of contract. If no
amount, leave blank)
Increase of $326,325

By submitting this form, I confirm
this information is complete:
 Date of Contract
 Contractor/Consultant name and complete address
 Terms of the agreement (start date, completion date or “until project completion”, cap of compensation to be paid)
 Scope of Services, Terms of Payment, Milestone Schedule and exhibit(s) attached
 Taxpayer ID or Social Security # and Contractors License # if applicable
 Contractor/Consultant signer’s name and title
 City Administrator or Department Head Name, City Clerk (Attest), City Attorney (Approved as to Form)

Routing Steps for Electronic Signature
Risk Manager

City Attorney Approval As to Form

City Administrator or Department Head

City Clerk Attestation

DocuSign Envelope ID: D7A1B478-7438-46A4-BF79-E7AB1318F2B3

7.2.b
Packet Pg. 31 Attachment: 3rd Amendment to Agreement for Services - Lynx (3900 : Approval of a Fourth Amendment to the Agreement with Lynx

4835-2267-0361v1 LAC\04706083 -1-

THIRD AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF GILROY AND LYNX TECHNOLOGIES, INC.

WHEREAS, City and Lynx Technologies, Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement.

NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:

1. The first paragraph of Article 1 (Term of Agreement) of the Original Agreement shall be amended to read as follows:

“This Amendment will become effective on July 31, 2018 and continue in effect through July 31, 2022 unless terminated in accordance with the provisions of Article 7 of this Agreement.”

2. Article 4, Section A (Consideration) of the Original Agreement shall be amended to read as follows:

3. Exhibit “B” (Scope of Services) of the original agreement is hereby replaced with the attached Exhibit “B”.

4. This Amendment shall be effective on August 2, 2021.

6. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.

DocuSign Envelope ID: D7A1B478-7438-46A4-BF79-E7AB1318F2B3

7.2.b
Packet Pg. 32 Attachment: 3rd Amendment to Agreement for Services - Lynx (3900 : Approval of a Fourth Amendment to the Agreement with Lynx

4835-2267-0361v1 LAC\04706083 -1-
CITY OF GILROY LYNX TECHNOLOGIES, INC.

By:

By:
[signature]
Jimmy Forbis [signature]
Patrick Kelleher
[employee name]
City Administrator [name]
CEO
[title/department] [title]
Date: Date:

Approved as to Form ATTEST:

City Attorney City Clerk
DocuSign Envelope ID: D7A1B478-7438-46A4-BF79-E7AB1318F2B3 10/5/202110/12/2021

7.2.b
Packet Pg. 33 Attachment: 3rd Amendment to Agreement for Services - Lynx (3900 : Approval of a Fourth Amendment to the Agreement with Lynx

4835-2267-0361v1 LAC\04706083 -1-
EXHIBIT “B”

SCOPE OF SERVICES
Item Previous
Year
Funding
2021/2022
Hrs./
Month
Hourly
Rate $ / Month $ / Year

1.A Public Works Maintenance:

Land base mapping, addresses, streets, parcels,
utilities (water, sewer, storm)
$43,670 56 $65 $3,640 $43,670

1.B Planning Maintenance:
overlays for downtown, general plan, planning
maps: VMT, PUDs, farmland, CEQA IS, agency
data imports)
$7,800 10 $65 $650 $7,800

1.C Fire Department Maintenance
Monthly street and address database updates. Wall
map updates.
$2,340 3 $65 $195 $2,340

1.D Police CAD Updates
Approximately every 4–6 weeks, update GIS
Address points and Streets in Police Dept. CAD
template Maverick Mapping software.

1. Import into the Test environment, verify
addresses and streets for updates. Fix any
problems that might arise.

2. Back up current Live maps and data, Import into
the Live environment
Dispatch will confirm to make sure everything is
working correctly. If there are any problems the
CAD will be switched back to the previous version.
$3,120 4 $65 $260 $3,120

1.E Open Data Portal
Work with ESRI’s Open Data environment to
provide systematic and automated data for the
City’s mission to provide data for public
consumption.
$1,560 2 $65 $130 $1,560

2.0 GIS Training and Onsite Support:

Meet with staff on a as needed basis, collectively
develop GIS based user-defined needs and
priorities. Task assumes meeting or training 6
hours every 2 months.
$3,060 As
Needed $85 As Needed $0

3.0 GIS Web Viewer, Development, and
Administration:

With new City implemented and more robust web
viewer using ArcGIS Server and Geocortex
environments: Simplify public noticing tool,
integrate MTC data with City’s GIS to allow for
more advanced reporting, improve Planning Dept.
vicinity map, add a tool for track changes, and
improve search tools. Increase viewers (planning,
public works, front counter, public data, etc.),
increase ability to control default data layer
symbology and display, simplify addition of new
$6,240 8 $65 $520 $0*
DocuSign Envelope ID: D7A1B478-7438-46A4-BF79-E7AB1318F2B3

7.2.b
Packet Pg. 34 Attachment: 3rd Amendment to Agreement for Services - Lynx (3900 : Approval of a Fourth Amendment to the Agreement with Lynx

4835-2267-0361v1 LAC\04706083 -1-

*These are one-time projects that have been previously allocated a budget via amendment #2 and are reflected in the contact capacity for this agreement.
layers, creation of functional search bar, open street
map aerial, tool expansion, parcel query tool and
mailing label generator, simplified parcel and
shapefile buffering.

4.A Land Management System GIS
Integration
Work with City IT and Tyler Technologies staff to
integrate GIS and EnerGov Permit Tracking.

Attend meeting, site configuration, data schema
changes and migration as required. Ongoing
management and maintenance as required.
$10,200 10 $85 $850 $0*

4.B GIS Migration to City Hall
Work with City IT to install ArcGIS Server
Enterprise and Latitude Geographics’ Geocortex
software. Configure users and security, migrate
sites from current hosted environment to on-
premise. Testing.

Ongoing maintenance and management on-site as
required and remotely.
$20,400 20 $85 $1,700 $0*

4.C Address Check Correction Assistance
Develop a Master Address database in GIS that can
be used to validate other business systems. Three
development phases: 1) Extract existing data
resources: finance, old permitting system, etc and
side-by-side comparison with GIS. Modify existing
GIS schema to identify source and validation
mechanism; 2) Purchase / Validate outcome of 1)
against CAS-certified vendor. Example,
SmartyStreets. This will return a list of certification codes for all addressable records; 3) Field mapping
and verification using GIS Collector App. Using 1
and 2 tasks above, identified ‘hot spots’ such as
downtown to physically walk targeted areas to
confirm or reject addresses.
$15,600 20 $65 $1,300 $0*

5.0 Miscellaneous Ad hoc Requests:
provide additional services to the City only as
requested and approved by the City.
$7,000 As
Needed $65 As Needed $5,000
Totals $120,990 75 $4,875 $63,490
DocuSign Envelope ID: D7A1B478-7438-46A4-BF79-E7AB1318F2B3

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4835-2267-0361v1
LAC\04706083 -1-

SECOND AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF GILROY AND LYNX TECHNOLOGIES, INC.

WHEREAS, City and Lynx Technologies, Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement.

NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:

1. The first paragraph of Article 1 (Term of Agreement) of the Original Agreement shall be amended to read as follows:

“This Amendment will become effective on July 31, 2018 and continue in effect through July 31, 2021 unless terminated in accordance with the provisions of Article 7 of this Agreement.”

2. Article 4, Section A (Consideration) of the Original Agreement shall be amended to read as follows:

3. Exhibit “B” (Scope of Services) of the original agreement is hereby replaced with the attached Exhibit “B”.

4. This Amendment shall be effective on July 31, 2020.

6. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.

DocuSign Envelope ID: A4F01173-C686-4227-AF2C-909FBFE300C5

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4835-2267-0361v1
LAC\04706083 -1-
CITY OF GILROY LYNX TECHNOLOGIES, INC.

By:

By:
[signature]
Jimmy Forbis [signature]
Patrick Kelleher
[employee name]
Interim City Administrator [name]
CEO
[title/department] [title]
Date: Date:

Approved as to Form ATTEST:

City Attorney City Clerk
DocuSign Envelope ID: A4F01173-C686-4227-AF2C-909FBFE300C5 9/24/20209/25/2020

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4835-2267-0361v1
LAC\04706083 -1-
EXHIBIT “B”

SCOPE OF SERVICES
Item
2020/2021
Hrs./
Month
Hourly
Rate $ / Month $ / Year

1.A Public Works Maintenance:

Land base mapping, addresses, streets, parcels,
utilities (water, sewer, storm)
56 $65 $3,640 $43,670

1.B Planning Maintenance:
overlays for downtown, general plan, planning
maps: VMT, PUDs, farmland, CEQA IS, agency
data imports)
10 $65 $650 $7,800

1.C Fire Department Maintenance
Monthly street and address database updates. Wall
map updates.
3 $65 $195 $2,340

1.D Police CAD Updates
Approximately every 4–6 weeks, update GIS
Address points and Streets in Police Dept. CAD
template Maverick Mapping software.

1. Import into the Test environment, verify
addresses and streets for updates. Fix any
problems that might arise.

2. Back up current Live maps and data, Import into
the Live environment
Dispatch will confirm to make sure everything is
working correctly. If there are any problems the
CAD will be switched back to the previous version.
4 $65 $260 $3,120

1.E Open Data Portal
Work with ESRI’s Open Data environment to
provide systematic and automated data for the
City’s mission to provide data for public
consumption.
2 $65 $130 $1,560

2.0 GIS Training and Onsite Support:

Meet with staff on a as needed basis, collectively
develop GIS based user-defined needs and
priorities. Task assumes meeting or training 6
hours every 2 months.

As
Needed $85 As Needed $3,060

3.0 GIS Web Viewer, Development, and
Administration:

With new City implemented and more robust web
viewer using ArcGIS Server and Geocortex
environments: Simplify public noticing tool,
integrate MTC data with City’s GIS to allow for
more advanced reporting, improve Planning Dept.
vicinity map, add a tool for track changes, and
improve search tools. Increase viewers (planning,
public works, front counter, public data, etc.),
increase ability to control default data layer
symbology and display, simplify addition of new
8 $65 $520 $6,240
DocuSign Envelope ID: A4F01173-C686-4227-AF2C-909FBFE300C5

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4835-2267-0361v1
LAC\04706083 -1-
layers, creation of functional search bar, open street
map aerial, tool expansion, parcel query tool and
mailing label generator, simplified parcel and
shapefile buffering.

4.A Land Management System GIS
Integration
Work with City IT and Tyler Technologies staff to
integrate GIS and EnerGov Permit Tracking.

Attend meeting, site configuration, data schema
changes and migration as required. Ongoing
management and maintenance as required.
10 $85 $850 $10,200

Ongoing maintenance and management on-site as
required and remotely.
20 $85 $1,700 $20,400

5.0 Miscellaneous Ad hoc Requests:
provide additional services to the City only as
requested and approved by the City.

As
Needed $65 As Needed $7,000
Totals 133 $9,245 $120,990
DocuSign Envelope ID: A4F01173-C686-4227-AF2C-909FBFE300C5

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Packet Pg. 39 Attachment: 2nd ADDENDUM to Agreement for Services - Lynx Technologies (3900 : Approval of a Fourth Amendment to the Agreement with

FIRST AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN CITY OF GILROY AND LYNX TECHNOLOGIES, INC. FOR ON -CALL GEOGRAPHIC INFORMATION SYSTEMS (GIS) SUPPORT SERVICES DATED JULY 31, 2018 WHEREAS, the City of Gilroy, a municipal corporation ("City"), and Lynx Technologies, Inc. entered into that certain agreement entitled On -Call Geographic Information Systems (GIS) Support Services, effective on July 31, 2018, hereinafter referred to as "Original Agreement"; and WHEREAS, City and Lynx Technologies, Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement.

NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:

1. Article 1, "Term of Agreement" of the Original Agreement shall be amended to read as follows:

This Agreement will become effective on July 31, 2018, and will continue in effect through July 31, 2020, unless terminated in accordance with the provisions of Article 7 of this agreement."

2. Article 4, Section A "Consideration" of the Original Agreement shall have the second sentence amended to read as follows:

In no event however shall the total compensation paid to CONSULTANT exceed $161,600."

3. Exhibit `B" (Scope of Services) of the Original Agreement shall be amended to add the Lynx Technologies, Inc. service cost and schedule with a contract amount not to exceed $161,600.

4. This Amendment shall be effective on July 31, 2019.

6. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.
4845-8215-55400 -1- MDOLINGER104706083

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CITY OF GILROY
By: -
signature] U
employee name]
City Administrator
title/department]
Date: //1,47
Approved as to Form
0 City Attorney
Lynx Technologies, Inc.
signature]
Patrick Kelleher
name]
CEO
title]
Date: /
4845-8215-55400 _2 _ MDOLINGER104706083

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AGREEMENT FOR SERVICES
For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 31 s "
day of u i , 20 18 , between:

CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California
and CONSULTANT: Lynx Technologies, Inc., having a principal place of business at 1350 41st Ave, Suite 202 Capitola, CA 95010
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on -V i /Q and will continue in effect through? i unless terminated in accordance with the provisions of Article 7 of this Agreement.

Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. > k- Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes.

CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement.

ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" ( "Specific Provisions ") and Exhibit "B" ( "Scope of Services "), within the time periods described in Exhibit "C" ( "Milestone Schedule ").

B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT'S services.
4835- 2267 -03610
LAC104706083

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C. Employment of Assistants
CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT'S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding.

D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT'S services.

ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "D" ( "Payment Schedule "). In no event however shall the total compensation paid to CONSULTANT exceed $72,000.00.

B. Invoices
CONSULTANT shall submit invoices for all services rendered.

C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit "D ". No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A ", Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties.

D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be 4835 - 2267 -03610 _2_ LAC104706083

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responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY.

B. Workers' Compensation
CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any injury, disability, or death of any of CONSULTANT'S employees.

C. Indemnification of Liability, Duty to Defend

1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.

2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.

D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, 4835 - 2267- 0361v1 _
LAC104706083 -
3 7.2.e
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including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non - renewed, and not replaced with another claims -made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called extended reporting" or "tail" coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY'S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms.

E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion.

F. State and Federal Taxes
As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that:

CITY will not withhold FICA (Social Security) from CONSULTANT'S payments;
CITY will not make state or federal unemployment insurance contributions on CONSULTANT'S behalf,
CITY will not withhold state or federal income tax from payment to CONSULTANT;
CITY will not make disability insurance contributions on behalf of CONSULTANT;
CITY will not obtain workers' compensation insurance on behalf of CONSULTANT.
4835 - 2267 -03610
LAC104706083 -4-

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ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT'S duties under this Agreement.

B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement.

ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant's Business/ Death of Consultant.

CONSULTANT shall notify CITY of the proposed sale of CONSULTANT's business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY' receipt of such notice of sale.

If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT.

B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following:

1. CONSULTANT'S failure to professionally and/or timely perform any of the services contemplated by this Agreement.

2. CONSULTANT'S breach of any of its representations, warranties or covenants contained in this Agreement.

CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT'S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY 4835-2267-036101 _ 5 _ LAC104706083

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may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement.

C. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY.

D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT's duties by any new consultant hired by the CITY to complete such services.

ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto.

S. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either.
4835- 2267- 0361v1
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C. Attorneys' Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing parry will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that parry may be entitled.

D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation.

E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor.

F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement.

G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any parry, or anyone acting on behalf of any parry, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.

No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. 4835 - 2267 -03610 _
LAC104706083 _
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H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California.

I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit "A ", Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.

L Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.

L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.

Executed at Gilroy, California, on the date and year first above written. t
CONSULTANT: CITY
Lynx Technologies, Inc. CITY OF GILROY
By:

Name: Patrick Kelleher
Title: CEO
Social Security or Taxpayer
Identification Number 26- 1717677
4836- 2267.0361v1 -g- LAC104706083
By:

Name: Gabriel Gonzales
Title: City Administrator

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Approved as to Form *-
7,
City Attorn y
4835- 2267- 0361v1 _
LAC104706083 _
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EXHIBIT "A"

SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit "B ", Scope of Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign Patrick Kelleher, who will act in the capacity of Project Manager, and who will personally direct such Services.

Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement.

II. NOTICE TO PROCEED /COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e -mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Gary Heap shall be the designated City, contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. ( "Notices ") of this Exhibit "A ".

B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period.

III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached Exhibit "C ".

IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement. 4835- 2267- 0361v1
LAC104706083

7.2.e
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Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY.

CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses.

Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses.

V. OTHER PROVISIONS
CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT'S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.

Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well - organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes.

B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT'S negligent performance of any of the services furnished under this Agreement.

C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. 4835- 2267 -03610 _2_ LAM04706083

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D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY.

E. NO PLEDGING OF CITY'S CREDIT.

Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY.

F. OWNERSHIP OF MATERIAL.

All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit "A ".

CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT.

G. NO THIRD PARTY BENEFICIARY.

This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third parry or parties shall have any claim or right of action hereunder for any cause whatsoever.
4835 - 2267 -03610 _3 _ LAC104706083

7.2.e
Packet Pg. 53 Attachment: Lynx Technologies - GIS Maintenance and Services (3900 : Approval of a Fourth Amendment to the Agreement with Lynx

H. NOTICES.

Notices are to be sent as follows:

CITY: 6-a Recte
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Lynx Technologies, Inc.
1350 41st Ave., Suite 202
Capitola, CA
95010
I. FEDERAL FUNDING REQUIREMENTS.

If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply.

If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply.

1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs.

2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items.

3. Covenant against Contingent Fees
The CONSULTANT warrants that he /she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he /she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
4835 - 2267 -03610 _4_ LAM04706083

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Packet Pg. 54 Attachment: Lynx Technologies - GIS Maintenance and Services (3900 : Approval of a Fourth Amendment to the Agreement with Lynx

EXHIBIT "B"

SCOPE OF SERVICES
4835 - 2267 -0361 v1 1 _ LAC104706083

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EXHIBIT "B"

SCOPE OF SERVICES
Item
Hours per Total Cost
Month
Maintenance and Project Work 58 52,200
Land base maintenance of parcel, street and address changes to the GIS. This includes monthly extraction of assessor's records, coordinating with county and the City to acquire all recording documents.

Building footprints for Commercial, High Density Residential, and Public Facilities.

Street Improvements i.e. classification of sidewalk, curb and gutter and existing PCI rating.

Assist engineering with future plans for Utility projects. This will include facilitating database design review, coordinating with contractors and help to analyze future GIS integration with CMMS.

Other overlays as needed. For example, downtown economic development layers, Specific Plan, and school districts will be added over the next few months.

Open Data Portal. Work with Microsoft's SSIS environment and other city staff to provide systematic and automated data for the City's mission to provide data for public consumption.

Database Administration 8 7,200
Software Upgrades
Software support and sever administrations (Application services, SQL Server administration)
Spatial indexing
Compressing the database periodically
Managing users access to layers etc.

Performance tuning
Version management and administration
Feature data set validation and rule -based integrity analyses Develop a database model of the existing database
Develop a new database design based on current Best Management Practices with a focus on integration with the City's Community Development database, Tidemark.

Develop a versioning model and managing the versioned database.

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Packet Pg. 56 Attachment: Lynx Technologies - GIS Maintenance and Services (3900 : Approval of a Fourth Amendment to the Agreement with Lynx

GIS Web Viewer, Development and 14 12,600
Administration
City GIS has implemented a new and more robust web viewer using ArcGIS Server and Geocortex environments. There is one internal site with several themed views for use by internal staff throughout the city. A second viewer was also released earlier this year for public access to spatial information. This viewer allows the public to use iPad and smartphone technology to view the GIS.

Continued development within these frameworks will expand functionality and ease of use for internal and external users.

Integrate the existing MTC data with the city's GIS so that street moratorium and pavement condition and planned street
improvement projects are available. Improve the architecture and performance of the GIS.

TOTAL 80 $72,000

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Packet Pg. 57 Attachment: Lynx Technologies - GIS Maintenance and Services (3900 : Approval of a Fourth Amendment to the Agreement with Lynx

EXHIBIT "C"

MILESTONE SCHEDULE
Services will be provided on a monthly basis. Service equests will be prioritized on a as needed basis.
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LAC104706083

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EXHIBIT "D"

PAYMENT SCHEDULE
Work will be invoiced monthly. Invoices will only include actual hours worked rather than a preset amount and therefore will vary. All inovices will provide sufficient detail of work performed. 4835 - 2267 -03610
LAC104706083

7.2.e
Packet Pg. 59 Attachment: Lynx Technologies - GIS Maintenance and Services (3900 : Approval of a Fourth Amendment to the Agreement with Lynx

City of Gilroy

STAFF REPORT
Agenda Item Title: Emergency Sewer Line Repairs at Old City Hall Restaurant Meeting Date: August 1, 2022
From: Jimmy Forbis, City Administrator
Department: Administrative Services
Submitted By: LeeAnn McPhillips, Administrative Services/HR Director/Risk Manager
Prepared By: Walter Dunckel, Facilities Superintendent
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) Consistent with the City of Gilroy Purchasing Policy’s Section 4.8 - Emergency Procurement, ratify the emergency procurement with A ssociated Plumbing Inc. in the amount of $113,838.
b) Adopt a resolution of the City Council of the City of Gilroy amending the FY22 budget for emergency sewer line repairs at the Old City Hall Restaurant and appropriating $133,291 in expenditure.

BACKGROUND

The City of Gilroy owns the Old City Hall building located on the corner of Monterey Road and Sixth Street in Downtown Gilroy. Currently, the City of Gilroy (landlord) has a

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lease agreement with Bobby & Fran Beaudet (tenants) for this building which is operated as the Old City Hall Restaurant. The terms of the lease agreement dictated what maintenance and repairs are required to be completed and paid for by the tenant and what maintenance and repairs are required to be completed by the landlord. The tenant reported sewer issues that could not be resolved by routine maintenance or clearing the line which triggered, pursuant to the lease agreement, that the City of Gilroy (landlord) resolve the issue.

EXECUTIVE SUMMARY

During a camera inspection on May 31st it was discovered that the cast iron sewer lines that run both inside the restaurant and in the adjacent parking lot were rusted through at many different locations. The clay pipe that runs the remaining distance to the main sewer line was also damaged with two separate breaks in the line.

Due to the state of the dilapidated pipes and the safety and health concerns associated with sewage leaking into the ground, and after consultation with the City Administrator, emergency repairs were arranged. Because of the urgency and health and safety implications associated with this situation, Section 4.8, Paragraph 2 of the City of Gilroy Purchasing Policy was utilized which authorizes the City Administrator (or designee) to make emergency procurements beyond the normal approval authority dollar amount prior to taking the matter before the City Council.

Because Associated Plumbing Inc., a local plumbing business, had the staff required and immediately available for this large job, had previous experience doing this type of work at other restaurants, and were able to comply with prevailing wage, they were selected to complete this emergency work.

In addition, some electrical work was needed because of the emergency repairs and Gilroy Electric, another local business, was able to quickly respond and complete the necessary work. The final item associated with this emergency repair are some final flooring repairs. The flooring repairs are nearing completion and invoicing will be completed soon. Absent the final flooring repairs, the emergency work was completed in June 2022.

The City’s Purchasing Policy requires that the City Council complete a post-emergency approval of the expenditure when the cost exceeds the normal authority level granted to the City Administrator. For this reason, this item is being brought to Council for ratification.

FISCAL IMPACT/FUNDING SOURCE

The final cost for the plumbing repairs completed by Associated Plumbing Inc. were $113,838.

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The cost for the electrical repairs completed by Gilroy Electric was $4,453. Floor repair costs related to this emergency repair work are expected to be approximately $15,000.

As these repairs were not planned, funding was not appropriated in the FY 22 budget for these repairs. Therefore, a resolution am ending the FY 22 budget and appropriating the funds is included with this report for Council approval. The total project cost of $133,291 is recommended to be appropriated in the Facilities Fund, and an equal transfer be made from the General Fund to the Facilities Fund to cover the emergency repair costs.

Attachments:

1. FY 22 Budget Amendment Resolution for Old City Hall Sewer Line Repairs

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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 TO INCLUDE FUNDING FOR

EMERGENCY PLUMBING REPAIRS AT THE OLD CITY

HALL RESTAURANT AND APPROPRIATING NECESSARY

E XPENDITURE 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 August 1, 2022 for the approval of emergency sewer line repairs, and related work, at the Old City Hall Restaurant owned by the City of Gilroy.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY, AS FOLLOWS:

1. The appropriations for Fiscal Year 2021-2022 in Facilities Fund shall be increased by $133,291; and in General Fund be increased by $133,291 as a transfer to the Facilities Fund to cover the cost of emergency sewer line repairs, and related work, at the Old City Hall Restaurant.

PASSED AND ADOPTED this 1st day of August 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

7.3.a
Packet Pg. 63 Attachment: FY 22 Budget Amendment Resolution for Old City Hall Sewer Line Repairs (3875 : Emergency Sewer Line Repairs at Old City Hall

City of Gilroy

STAFF REPORT
Agenda Item Title: Argument in favor of the Public Projects Bidding, Contracting, and Notification Charter Amendment Ballot Measure
Meeting Date: August 1, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis, City Administrator
Prepared By: Jimmy Forbis, City Administrator
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 argument for the 2022 City Charter amendment ballot measure and instruct the City Clerk to file the argument for the ballot measure with the Santa Clara County Registrar of Voters and authorize the Mayor and City Administrator to create a rebuttal argument, if necessary.

BACKGROUND

On June 20, 2022 Regular City Council Meeting, the City Council voted to place a charter amendment measure on the November 8, 2022 ballot, and consolidate the election with the statewide general election. As part of the actions that evening, Council voted to authorize an argument for the ballot measure to be produced, drafted by the

7.4 Packet Pg. 64

Mayor and City Administrator, and brought back before the Council for approval as the argument to be submitted by the City Council.

ANALYSIS

The arguments for and against a ballot measure are included in the Voter’s Guide for the November 8, 2022 statewide general election. The word count must remain no greater than 300 words. State law is very specific about the way in which the words are to be counted and are not intuitive.

The draft language for the argument is attached, for Council consideration. The language has a placeholder, indicated by a question mark, for the measure letter. The measure letter, which will be determined by the Santa Clara County Registrar of Voters (ROV) at a later date, will replace the placeholder once assigned. The final version will then be sent to the ROV for inclusion in the Voters’ Guide.

Additionally, the due date for arguments for/against to be submitted to the City Clerk’s Office is August 16th, 2022, thus the timing of the City’s potential rebuttal argument does not coincide with a scheduled City Council meeting as rebuttals are due on August 23rd, 2022, thus staff is recommending that Council authorize the Mayor and City Administrator to author the written rebuttal response.

ALTERNATIVES

Council may accept, modify, or reject the argument for the charter amendment ballot measure.

FISCAL IMPACT/FUNDING SOURCE

None. Costs for the inclusion of an argument for the ballot measure are incorporated into the administrative costs for placing the measure on the ballot.

CONCLUSION

The argument for the ballot measure is an important document to help inform the voting public about the benefits of the measure.

NEXT STEPS

If approved, staff will submit the argument for the ballot measure to the ROV.

PUBLIC OUTREACH

The approved argument for the ballot measure will be included in the Voters’ Guide for the November 8, 2022 election.

Attachments:

1. Draft Argument In Favor of Charter Amendment Ballot Measure

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-------------------------------Draft Gilroy Argument for Ballot Measure-------------------------- Voting yes on Measure ? enables Gilroy, by amending the 1960 City Charter, to stretch its public works dollars farther by:

Saving money and time by allowing larger projects to use design-build contracts.

Gilroy is limited to “design-bid-build” construction contracts, in which separate contracts and companies are used for the design and construction phases. This lengthens the time to start projects, resulting in higher costs. Measure ? allows the City an additional method called “Design-build”, allowing one entity to both design and build a project when it will reduce costs and/or project time.

Ensuring that Gilroy taxpayers get their money’s worth by protecting against unqualified or fraudulent contractors who submit below-market bids to win a contract, knowing that they will submit expensive and time-delaying “change orders” later.

Under the Charter, the City is required to select the lowest bid. Measure ? adds best- value contracting to also allow consideration of job performance history, experience, and quality when awarding contracts. This helps ensure bid integrity.

Helping local businesses compete for City contracts by increasing the threshold requiring a formal bid process.

The Charter requires projects of $35,000 or more to be formally bid, forcing local businesses to compete nationwide for these lower-cost projects. Measure ? increases this threshold to $200,000, the same amount allowed by State law, expanding opportunities for local businesses to compete for smaller projects.

Providing advertisement options to attract more bids.

The Charter assumes that bid notifications are placed in a local newspaper printed daily. Our local newspaper is printed weekly. Measure ? requires the use of the local newspaper when it is available, and allows additional options to maximize advertisement exposure.

Measure ? offers significant financial and operational benefits to the City and the community.

Vote YES on Measure ?.

Mayor Marie Blankley and the Gilroy City Council

7.4.a
Packet Pg. 66 Attachment: Draft Argument In Favor of Charter Amendment Ballot Measure [Revision 1] (3905 : Design Build Ballot Measure Primary

City of Gilroy

STAFF REPORT
Agenda Item Title: Consideration of the Report of Abatement of Weeds and Refuse Within the City of Gilroy and Adoption of a Resolution of the City Council of the City of Gilroy Confirming the Imposition of Assessment Liens Against the Land
Meeting Date: August 1, 2022
From: Jimmy Forbis, City Administrator
Department: Fire Department
Submitted By: Jonathan Crick, Deputy Fire Marshal
Prepared By: Jonathan Crick, Deputy Fire Marshal
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

It is recommended that Council adopt a resolution allowing the assessment of fees, minus any qualifying objections, as reported by the Santa Clara County Weed Abatement Program.

EXECUTIVE SUMMARY

This hearing is the third part of the annual weed abatement process pursuant to Chapter 12 of the Gilroy City Code. It is recommended that the City Council take action on the costs associated with the removal of weeds on certain properties. Such costs

9.1 Packet Pg. 67

constitute a lien on the property until paid, and according to the City Code , will be collected as part of the next tax roll.

The City approved the County’s contract for weed abatement services and associated fees at its January 24, 2022 Regular Meeting. At the April 4, 2022 Regular Meeting, the City Council set May 15th as the deadline to abate weeds for locations identified on the property abatement list. Properties that were inspected and found in compliance were assessed the regular inspection fee. Those locations that were not abated before the May 15, 2022 deadline were assessed additional fees as noted in the staff report below.

ANALYSIS

Resolution 2022-04 was adopted by Council on January 24, 2022 to declare weeds a nuisance and to begin the annual weed abatement process. Under a contract with the County’s Office of Vegetation Management, the County Weed Abatement Program provides the weed abatement listing, letters of notification, lot inspections, documentation, and arranges abatement services if needed.

After Resolution 2022-04 was adopted, a list of lots requiring abatement was created by the County Weed Abatement Program. This includes lots that have been on the previous list that have had failed inspections for the past three (3) years and additional lots added to the list based on non-abatement during the prior season. All owners of the lots listed were sent a weed abatement notice, fee information, and an instruction letter package.

On April 4, 2022, a public hearing was held to allow any owner of a listed lot to remove their lot from the program. Subsequently, Resolution 2022-18 was adopted approving the list of properties subject to weed abatement and setting the abatement deadline to May 15, 2022.

The County conducted its inspections after the May 15th deadline. Property owners were able to communicate directly with the County if they had problems getting their lot abated. Any lot found with weeds after the deadline was sent a notice and assessed a failed inspection fee. The property owners were given an additional two weeks to perform abatement before becoming subject to abatement by the County.

Pursuant to Gilroy City Code Section 12.54, attached is a report of the lots inspected and those assessed a failed inspection fee and those that have been abated thus far.

All sites on the list are assessed the $91 inspection fee. The sites with failed inspections are assessed an additional failed inspection fee of $505, and the lots that required abatement are assessed an additional $858 administrative fee as well as the cost of the contractor’s abatement charge. For 2022, there are a total of 117 properties on the list.

In 2016, there were 297 properties on the list, so there is a gradual trend of reducing the number of properties on the list. For 2022, there are 51 lots that were assessed only the $91 fee, a decrease of 59 lots since last year. Forty-three lots were assessed both the inspection and failed inspection fee for a total of $596.00 (~$500.00 from previous years

9.1 Packet Pg. 68

inspection fee plus failed inspection fee), which is an increase of 29 from last year.

Twenty-three lots were assessed all the fees described above, as well as the administrative fee and the actual cost of abatement, a decrease of four lots in this category.

The property owners listed for fee assessment were sent a copy of the proposed assessment against their property in July. They have been given an opportunity to call, email or meet with the Deputy Fire Marshal and County Weed Abatement Program Manager on or before August 1, 2022 to discuss, object or obtain additional information about their assessment. Any property owner that did not raise objection or did not provide a substantial reason why they should not be assessed still has an opportunity to raise objections at the lien hearing. Any property owner that met with, called, or emailed their objection and it was determined there was a mistake or that there was cause for dismissing the assessment fee, will be presented to the City Council for their consideration. The proposed resolution to process the assessment report, including modifications, if any, is recommended for approval.

ALTERNATIVES

There are no alternatives since this process is dictated by Chapter 12 of the Gilroy City Code. Property owners may have many reasons that their lot was not abated; however, unless the County made a mistake in identifying a lot’s ownership, there are few acceptable reasons to waive the County’s fees. All owners were notified of deadlines and costs, as required by the City Code.

FISCAL IMPACT/FUNDING SOURCE

The weed abatement program is an annual workplan item of the Fire Department which contracts with the County of Santa Clara for the services.

The adoption of the resolution authorizes the County Assessor’s office to levy the assessments as liens on the listed properties to be paid by owners and collected by the County via annual property tax bills.

If the County does not collect adequate funds to meet the program budget, they can prorate the shortfall to the cities participating in the program based on the percent of the properties from each City compared to the total number of properties in the program. It will not be known until later in the year if there is a shortfall since abatement activity will be continuing through October. To date, the program has operated through cost recovery administered by the County.

CONCLUSION

It is recommended that Council adopt a resolution allowing the assessment of fees, minus any qualifying objections, as reported by the Santa Clara County Weed Abatement Program.

9.1 Packet Pg. 69

NEXT STEPS

This is the final step in this year’s planned abatement process. However, if there are more assessments to be made for this year, a secondary assessment hearing may be held. Otherwise, any new assessments would be included in next year’s process

Attachments:

1. 2022 Gilroy Assessment report July 2022

2. Draft Resolution

9.1 Packet Pg. 70

TRA2022 WEED ABATEMENT PROGRAMASSESSMENT REPORTCITY OF GILROYSitus APN OWNER ADDRESSTAX ROLLAMTExhibit A2020 Rockrose Ct GILROY 95020-79312001Marques Albert$91.00Winter Green83401783-03-073575 Southside Dr Ste C GILROY 950202001Sunset Hills Development Llc$1,474.00Winter Green83512783-03-0771171 S Springer Rd LOS ALTOS 94024-49352004Wei Ming And Chen Jinjian$91.00Mantelli19203783-45-01610440 S De Anza Blvd Ste D5a CUPERTINO 950142004Enterprise Rei 8 Llc$557.00HollyhockNULL4783-45-044P O Box 608 LOS GATOS 950302004Ahmadi Aminreza$2,997.34Wildrose23205783-46-039682 Kaweah Ave CLOVIS 936192004Le, Anh & Ipx Services Inc$596.00NullNULL6783-46-07924168 Big Basin Way SARATOGA 950702004Enterprise Rei 8 Llc$1,062.00SunflowerNULL7783-47-0039283 Briarberry Ln GILROY 95020-82102001Shevchenko Denis And Rebeca$91.00Briarberry92838783-50-0061383 Pheasant Dr GILROY 95020-82032001Ardanuy Paul Sr And Jacquelyn M$91.00Pheasant13839783-50-0504125 Hecker Pass Rd GILROY 950202001Saulan Kimchau Thi Trustee$91.00Foxglove877210783-52-0197241 Spumante Ct GILROY 95020-27422001Kollareddy Sridhar$91.00Wild Iris877511783-52-0298755 Wild Iris Dr GILROY 950202001Zargarian Helga$91.00Wild Iris875512783-52-0311025 Sprig Way GILROY 950202001Pineda Arturo$2,519.00Wild Iris874513783-52-0321381 Peregrine Dr GILROY 950202001Santo Edwin Ichiro Trustee$91.00Peregrine138114783-55-0182121 Cruden Bay Way GILROY 950202004Karbalaeinematmoeini Amirhossein$8,981.42Banyan235415783-65-0229261 Tea Tree Ct GILROY 950202004Woodward Debbie$91.00Tea Tree926116783-72-0061841 Carob Ct GILROY 950202004Hy Sang And Yeh Wen Chuan Wendy$91.00Carob188117783-72-0111830 Carob Ct GILROY 950202004Yates Linda And Benjamin$91.00Carob183018783-72-0166971 Spumante Way GILROY 950202004Nguyen Henry H Et Al$91.00Carob182019783-72-017Page 1Report Date: 7/12/2022(List Sorted by APN)9.1.aPacket Pg. 71Attachment: 2022 Gilroy Assessment report July 2022 (3890 : Weed Abatement Assessment Lien Hearing)

TRA2022 WEED ABATEMENT PROGRAMASSESSMENT REPORTCITY OF GILROYSitus APN OWNER ADDRESSTAX ROLLAMTExhibit A145 Riggs Ave MERCED 953402004Op Development Inc$91.00Carob181020783-72-018574 Blairburry Way SAN JOSE 95123-13032004Ramm Angela Davina Martinez$91.00Tea Tree914521783-72-0201940 Pear Dr MORGAN HILL 950372004Chakamian Sanjar And Sharareh H$91.00Tea Tree904522783-72-0239050 Tea Tree Way GILROY 950202004Pawlicki Agnieszka$91.00Tea Tree905023783-72-02410800 Maxine Ave CUPERTINO 95014-01202004Atlluri Sasi K And Surapaneni Sri L$596.00Tea Tree903524783-72-025979 Story Rd #7024 SAN JOSE 951222004Do Ngoc Bich Thi Et Al$3,059.00Tea Tree903025783-72-0267948 Mcclellan Rd Apt 1 CUPERTINO 950142004Kollareddy Usharani Et Al$91.00Mimosa902526783-72-02738 Park Fletcher Pl SAN JOSE 95136-24032004Thien Tracy$2,640.40Tea Tree896227783-72-0308981 Tea Tree Wy GILROY 950202004David Unger$91.00Tea Tree898128783-72-03115858 Rica Vista Way SAN JOSE 951272004Pham Lan Et Al$91.00Mimosa895029783-72-035806 Christopher Ct SANTA CLARA 95051-52072004Sr Building Blocks Llc$91.00MimosaNULL30783-72-0361743 Curtner Ave SAN JOSE 95124-12082004Access Development Group Inc$3,256.00Banyan220431783-72-0391225 Vienna Dr #251 SUNNYVALE 940892004Robles Ronald E And Maria R$91.00Banyan220332783-72-0402224 Banyan Ct GILROY 950202004Nakano Nancy N Et Al$91.00Banyan222433783-72-0423339 Vangorn Way SAN JOSE 95121-25552004Nguyen Phu And Doan Lily$91.00Mahogany921034783-72-0452253 Banyan Ct GILROY 950202004Zhang Hongxin And Tang Wei$91.00Banyan225335783-72-0503100 Melchester Dr SAN JOSE 95132-17442004Le Liem Quang$596.00Banyan227336783-72-051Po Box 10652 SAN JOSE 951272004Jeong Jonghun And Choi Yunhee$596.00Banyan228337783-72-052901 Calle Serra SAN DIMAS 917732004Krupa Stanislaw Trustee & Et Al$596.00Columbine220238783-72-061Page 2Report Date: 7/12/2022(List Sorted by APN)9.1.aPacket Pg. 72Attachment: 2022 Gilroy Assessment report July 2022 (3890 : Weed Abatement Assessment Lien Hearing)

TRA2022 WEED ABATEMENT PROGRAMASSESSMENT REPORTCITY OF GILROYSitus APN OWNER ADDRESSTAX ROLLAMTExhibit A2725 Scottsdale Dr SAN JOSE 95148-34272004Ramirez Pedro And Josefina$91.00Mantelli225139783-72-0661081 S Burns Pl MTN HOUSE 95391-14082001Dhaliwal Jasdeep S Et Al$91.00Longmeadow168140783-75-08175 Farrell Ave GILROY 95020-76162001Leal Amador And Palmina$91.00Farrell7541790-07-0061952 Eisenhower Dr SANTA CLARA 95054-16212001Kuang Weiwei$596.00FarrellNULL42790-07-0851952 Eisenhower Dr SANTA CLARA 95054-16212001Kuang Weiwei$596.00FarrellNULL43790-07-0861952 Eisenhower Dr SANTA CLARA 95054-16212001Kuang Weiwei$596.00FarrellNULL44790-07-0871952 Eisenhower Dr SANTA CLARA 95054-16212001Kuang Weiwei$596.00FarrellNULL45790-07-088946 Stanley Ave LOS ALTOS 94024-50672001Margaretich Bozo And Vanja Et Al$6,222.32Monterey887746790-15-0369145 Jardin Way GILROY 950202001Brooks Julia M Et Al$91.00Jardin914547790-16-2571437 Leimert Blvd Unit #c OAKLAND 946022001Crc Kern Investors Llc$91.00Kern913048790-17-002750 Menlo Ave Ste 250 MENLO PARK 940252001St Francis Investment Iii$91.00Kern916049790-17-0038401 Diane Ct GILROY 95020-42132000Torres Albert Jr Et Al$91.00Diane840150790-30-076Po Box 1557 GILROY 95021-15572000Flores Anthony R$91.00Broadway40151790-33-0191648 Mulberry Ln SAN JOSE 95125-49422000Howson Industries$91.00ChurchNULL52790-35-001103 Chippendale Ct LOS GATOS 950322000Ma Weimin Trustee & Et Al$91.00Church805153790-35-00211 First St GILROY 950202000Roman Catholic Bishop Of San Jose$91.00ChurchNULL54790-35-0081648 Mulberry Ln SAN JOSE 95125-49422000Howson Industries$557.00ChurchNULL55790-36-0028335 Church St GILROY 950202000International Church Of The$596.00Church833556790-36-0395820 Stoneridge Mall Rd Ste PLEASANTON 945882001S A Properties Group Llc$2,068.001st137557790-39-019Page 3Report Date: 7/12/2022(List Sorted by APN)9.1.aPacket Pg. 73Attachment: 2022 Gilroy Assessment report July 2022 (3890 : Weed Abatement Assessment Lien Hearing)

TRA2022 WEED ABATEMENT PROGRAMASSESSMENT REPORTCITY OF GILROYSitus APN OWNER ADDRESSTAX ROLLAMTExhibit A12005 Turlock Ave SAN MARTIN 95046-94322001Youmans Kraig And Fortino Teri$91.001st135558790-39-030860 Maple Ave SAN MARTIN 95046-95382001Goraya Manu K$91.00Church877159790-53-087527 Simas Dr MIPITAS2001Temple San Jose, Llc$2,611.00Chickadee10860790-66-0577711 Monterey Rd Unit 305 SAN JOSE 9513820007711 Monterey Rd Llc$2,168.00Monterey773361799-03-0547711 Monterey Rd Unit 305 SAN JOSE 9513820007711 Monterey Rd Llc$557.00Monterey771162799-03-0553117 Oakgate Way SAN JOSE 951482000Kaur Sandeep And Singh Satwant$91.00Eigleberry727363799-09-0283435 Harbor Ct SAN JOSE 95127-43112000Bains Jagjit Singh$91.00EigleberryNULL64799-10-042Po Box 193 SAN MARTIN 950462000Diaz Juan$91.009th19565799-10-0577421 Hanna St GILROY 95020-57232000Jeung Michael A Et Al$91.00Hanna742166799-18-0316700 Church St GILROY 95020-65082001Monsef Cyrus$91.00Church670067799-33-0015671 Santa Teresa Blvd Ste 200SAN JOSE 951232001Ehof Fund Iii Acquisitions Llc$596.00FilbroNULL68799-44-0935671 Santa Teresa Blvd Ste 200SAN JOSE 951232001Ehof Fund Iii Acquisitions Llc$596.00RoyalNULL69799-44-0945671 Santa Teresa Blvd Ste 200SAN JOSE 951232001Ehof Fund Iii Acquisitions Llc$1,882.00RoyalNULL70799-44-0955671 Santa Teresa Blvd Ste 200SAN JOSE 951232001Ehof Fund Iii Acquisitions Llc$596.00RoyalNULL71799-44-0965671 Santa Teresa Blvd Ste 200SAN JOSE 951232001Ehof Fund Iii Acquisitions Llc$596.00RoyalNULL72799-44-0975671 Santa Teresa Blvd Ste 200SAN JOSE 951232001Ehof Fund Iii Acquisitions Llc$596.00RoyalNULL73799-44-0985671 Santa Teresa Blvd Ste 200SAN JOSE 951232001Ehof Fund Iii Acquisitions Llc$596.00ThomasNULL74799-44-1095671 Santa Teresa Blvd Ste 200SAN JOSE 951232001Ehof Fund Iii Acquisitions Llc$596.00NullNULL75799-44-11021701 Stevens Crk Blv #2610 CUPERTINO 950142001Eagle Garden Llc$3,997.121st141076808-01-021Page 4Report Date: 7/12/2022(List Sorted by APN)9.1.aPacket Pg. 74Attachment: 2022 Gilroy Assessment report July 2022 (3890 : Weed Abatement Assessment Lien Hearing)

TRA2022 WEED ABATEMENT PROGRAMASSESSMENT REPORTCITY OF GILROYSitus APN OWNER ADDRESSTAX ROLLAMTExhibit A21701 Stevens Crk Blv #2610 CUPERTINO 950142001Eagle Garden Llc$91.00Santa Teresa789077808-01-02221701 Stevens Crk Blv #2610 CUPERTINO 950142001Eagle Garden Llc$91.001st149078808-01-023P O Box 2327 GILROY 950212001Pirozzoli Monica Trustee & Et Al$91.00PonderosaNULL79808-01-024305 Bloomfield Ave GILROY 950202004Christopher Donald C Et Al$91.00NullNULL80808-19-030480 E State St Ste 100 EAGLE 836162001Community Resources Inc$91.00NullNULL81808-19-0318886 Muraoka Dr GILROY 950202001First Assembly Of God Of Gilroy Inc$91.00ThomasNULL82808-20-00819127 Blue Lynx Ct MORGAN HILL 950372001Naaim A. Yahya$596.00West Luchessa1083808-21-0097888 Wren Ave Unit D-143 GILROY 950202001Thomas Road Properties Ltd The$91.00Thomas620184808-38-00150 E North Temple Fl 22 SALT LAKE CITY 84150-36202001Corp Presi Bish Church Christ Lattr$91.00Thomas615185808-39-06623 Corporate Pl Unit 150NEWPORT BEACH 926252001Hp Ag Land Llc$557.00NullNULL86810-20-0212221 Olympic Blvd WALNUT CREEK 945952001Owens Financial Group Inc$557.00Hecker Pass274087810-20-0339419 Geranium Cir FOUNTAIN VALLEY 927082004Do & Partners Llc$596.00Eagle Ridge667588810-60-0189419 Geranium Cir FOUNTAIN VALLEY 927082004Do & Partners Llc$596.00Eagle Ridge668589810-60-0199419 Geranium Cir FOUNTAIN VALLEY 927082004Do & Partners Llc$596.00Eagle Ridge669590810-60-0201700 S. El Camino Real Suite SAN MATEO 944022001Village At Santa Terasa, Lp A$557.00Hecker Pass Hy152091810-66-0127518 Fernie Ct GILROY 950202004Radosevich Eric J Trustee$91.00Fernie751892810-67-0419419 Geranium Cir FOUNTAIN VALLEY 927082004Do & Partners Llc$596.00Eagle Ridge661593810-72-0299419 Geranium Cir FOUNTAIN VALLEY 927082004Do & Partners Llc$596.00Eagle Ridge662594810-72-0309419 Geranium Cir FOUNTAIN VALLEY 927082004Do & Partners Llc$596.00Eagle Ridge663595810-72-031Page 5Report Date: 7/12/2022(List Sorted by APN)9.1.aPacket Pg. 75Attachment: 2022 Gilroy Assessment report July 2022 (3890 : Weed Abatement Assessment Lien Hearing)

TRA2022 WEED ABATEMENT PROGRAMASSESSMENT REPORTCITY OF GILROYSitus APN OWNER ADDRESSTAX ROLLAMTExhibit A9419 Geranium Cir FOUNTAIN VALLEY 927082004Do & Partners Llc$596.00Eagle Ridge664596810-72-0329419 Geranium Cir FOUNTAIN VALLEY 927082004Do & Partners Llc$596.00Eagle Ridge665197810-72-0339419 Geranium Cir FOUNTAIN VALLEY 927082004Do & Partners Llc$596.00Eagle Ridge665598810-72-0349419 Geranium Cir FOUNTAIN VALLEY 927082004Do & Partners Llc$1,096.00Eagle Ridge667199810-72-035P O Box 1772 GILROY 95021-17722001Atlantic Concrete Inc$2,032.18Las AnimasNULL100835-02-0161420 Duroux R LAMARQUE 775682001Juan R. Lopez$466.00Madison402101835-03-059Po Box 1772 GILROY 950212001Las Animas Devel Co Llc$2,379.44Las Animas315102835-05-00618640 Sutter Blvd Ste 100 MORGAN HILL 950372000Swanston Lane Llc$1,329.00SwanstonNULL103841-01-06410031 Foothills Blvd ROSEVILLE 95030-00002000Union Pacific Railroad$3,184.00NullNULL104841-02-0462545 Muirfield Way GILROY 950202000Drl Properties Llc$466.00NullNULL105841-02-055835 Green Valley Rd WATSONVILLE 950762000Rodriguez Quirino V And Vazquez$466.00Lewis311106841-03-070400 Palm Ave MILLBRAE 940302000Liu Deng And Chen Sasha$466.00Martin222107841-06-0407472 Chestnut St GILROY 95020-58062000Torres-fernandez Elisa Et Al$466.00Chestnut7472108841-07-0437498 Chestnut St GILROY 95020-58062000Zheng Shao Lan And Zhu Yingguang$466.00Chestnut7498109841-07-049111 Almaden Blvd SAN JOSE 95115-00052001Pacific Gas And Electric Co$550.00South ValleyNULL110841-10-03910031 Foothills Blvd ROSEVILLE 95030-00002001Union Pacific Railroad$4,611.00South ValleyNULL111841-14-05910031 Foothills Blvd ROSEVILLE 95030-00002001Union Pacific Railroad$2,614.00NullNULL112841-14-06010031 Foothills Blvd ROSEVILLE 95030-00002001Union Pacific Railroad$6,934.00NullNULL113841-14-0725000 E 2nd St Unit G BENECIA 945102001Garlic Farm Truck Center Llc$466.00Monterey5870114841-14-080Page 6Report Date: 7/12/2022(List Sorted by APN)9.1.aPacket Pg. 76Attachment: 2022 Gilroy Assessment report July 2022 (3890 : Weed Abatement Assessment Lien Hearing)

TRA2022 WEED ABATEMENT PROGRAMASSESSMENT REPORTCITY OF GILROYSitus APN OWNER ADDRESSTAX ROLLAMTExhibit A100 Oliver St Flr 18th BOSTON 21102001United Natural Foods West Inc$466.00NullNULL115841-17-1212673 Mclaughlin Ave SAN JOSE 95121-27522000Nguyen Thu Tam$1,971.60NullNULL116841-53-066575 Southside Dr GILROY 950202001Rocha Joe A And Victoria M$466.00Holloway555117841-70-037$99,907.82TOTALPage 7Report Date: 7/12/2022(List Sorted by APN)9.1.aPacket Pg. 77Attachment: 2022 Gilroy Assessment report July 2022 (3890 : Weed Abatement Assessment Lien Hearing)

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF GILROY CONFIRMING THE REPORT OF THE CHIEF

OF THE FIRE DEPARTMENT SETTING FORTH THE

DESCRIPTION OF PROPERTY, NAMING THE OWNERS

THEREOF, AND THE COST OF ABATING THE NUISANCE

CAUSED BY THE GROWING OF WEEDS AND

ACCUMULATION OF REFUSE ON THE PROPERTY, AND

PROVIDING THAT SUCH COST SHALL CONSTITUTE

ASSESSMENTS AGAINST THE LAND

WHEREAS, pursuant to Article III of Chapter 12 of the Gilroy City Code, the City Council of the City of Gilroy did on January 24, 2022 adopt Resolution No. 2022-04 designating certain weeds growing or existing in the City of Gilroy, and refuse accumulating in the City, to be a public nuisance and ordering the Chief of the Fire Department to give notice of the passage of said resolution by posting and publication in the same manner and for the same time as set forth in Section 12.48 of said code , and the Chief of the Fire Department did cause said notice to be so given; and

WHEREAS, pursuant to Resolution No. 2022-04, the property owners as stated on the latest tax assessor's role of the lots or parcels determined to have weeds growing or existing, and/or refuse accumulating were duly noticed that: (1) said weeds and refuse have been determined to constitute a public nuisance, (2) a public hearing would be held at which the City Council would hear and consider any and all objections to the proposed destruction or removal of said weeds or refuse , and (3) weeds and refuse not removed by the property owners will be removed by City authorities, in which case the cost of such destruction and/or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds and accumulation of refuse have been destroyed or removed, and such costs will constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected; and

WHEREAS , the City Council fixed April 4, 2022, at the hour of 6:00 o'clock p.m., or as soon as thereafter, in the Council Chambers in the City Hall at 7351 Rosanna Street, in the City of Gilroy , as the time and place for the hearing provided for in Section 12.50 of said Code, and the notice given included a statement of the said time and place of hearing; and

WHEREAS, the hearing was held on that date in accordance with the City Code and no objections were made to the proposed removal and destruction of the weeds and refuse, and the City Council thereafter adopted Resolution 2022-18 requiring the Chief of the Fire Department to abate said nuisance by having the weeds destroyed and the refuse removed as provided in Section 12.51 of the Gilroy City Code; and

WHEREAS, the Chief of the Fire Department has filed his report with the City Council, setting forth the actions taken in abating the nuisance, stating an account of the cost of the

9.1.b
Packet Pg. 78 Attachment: Draft Resolution (3890 : Weed Abatement Assessment Lien Hearing)

Resolution No. 2022-XX
Weed Abatement Lien
City Council Regular Meeting | August 1, 2022

Page 2 of 3 ends

abatement and an assessment list and identification of each separate lot or parcel of land by description, together with the expense proposed to be assessed against each separate lot or parcel and the name of the owners or reputed owners ("Owners") thereof attached hereto as Exhibit “A” and incorporated herein by this reference; and

WHEREAS, it appears that the Chief of the Fire Department has taken all actions required of him in abating said nuisance and removing said weeds and refuse and that the cost thereof as shown in said report is correct and should be confirmed; and

WHEREAS, the City Clerk fixed August 1, 2022 at the hour of 6:00 o'clock p.m., or as soon thereafter as the item can be heard, in the Council Chambers in the City Hall at 7351 Rosanna Street, in the City of Gilroy, as the time and place for the hearing provided for in Section 12.53 of Gilroy City; and

WHEREAS, the Owners were duly noticed of the hearing, at which the City Council would be presented with the report and assessment list for consideration and confirmation, the abatement costs proposed to be assessed upon the Owners and the right of all persons interested, having any objections to the report and assessment list, or to any matter or thing contained therein, to appear and be heard; and

WHEREAS, this hearing was held in accordance with the Gilroy City Code.

NOW THEREFORE, BE IT RESOLVED, that a certified copy of this resolution and of the report of the Chief of the Fire Department be turned over to the County Director of Finance, who constitutes the Assessor and Tax Collector for the City of Gilroy, and the amounts shown on said report as the cost of the removal of the weeds and refuse from each of the respective properties and certified as unpaid shall be and constitute a lien on the property for the amount of such assessment respectively, and the Assessor and Tax Collector add the amount thereof to the next regular bill for taxes levied against respective lots and parcels of land for municipal purposes.

9.1.b
Packet Pg. 79 Attachment: Draft Resolution (3890 : Weed Abatement Assessment Lien Hearing)

Resolution No. 2022-XX
Weed Abatement Lien
City Council Regular Meeting | August 1, 2022

Page 3 of 3 ends

PASSED AND ADOPTED this 1st day of August, 2022 by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

APPROVED:

Marie Blankley, Mayor
ATTEST:

Thai Pham, City Clerk

9.1.b
Packet Pg. 80 Attachment: Draft Resolution (3890 : Weed Abatement Assessment Lien Hearing)

City of Gilroy

STAFF REPORT
Agenda Item Title: Tentative Map, Planned Unit Development Zoning Amendment, and Architectural and Site Review Permit for 4-unit Townhome Development on Gurries Drive
Meeting Date: August 1, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director Prepared By: Cindy McCormick, Customer Service Manager
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) Motion to read the ordinance by title only and waive f urther reading b) Introduce an Ordinance of the City Council approving a Planned Unit Development Zoning Amendment on property currently located on Gurries Drive, identified as assessor parcel numbers 790-35-038, 039, and 054 (file number Z 21-04); and c) Adopt a Resolution approving a Tentative Map to adjust the lot lines and subdivide three (3) parcels on Gurries Drive (APN: 790-35-038, 039, & 054) into a total of four (4) parcels (file number TM 21-03); and
d) Adopt a resolution approving an Architectural and Site Review Permit to allow construction of four (4) townhomes on the subject property (file number AS 21 -14), following approval of the associated PUD Zoning Amendment and Tentative Map.

9.2 Packet Pg. 81

EXECUTIVE SUMMARY

The project proposes to consolidate and subdivide three (3) existing parcels into four (4) parcels and develop the site with an attached four-unit townhome project. The proposal may be permitted with a Planned Unit Development (PUD) Zoning Amendment, Tentative Map, and Architectural and Site Review. The PUD zoning overlay is required to permit exceptions to the minimum R3 development standards for setbacks.

POLICY DISCUSSION

The proposed project requires a Planned Unit Development Zoning Amendment and tentative map approval by the City Council upon recommendation of the Planning Commission. The Architectural and Site Review Permit would otherwise be approved by the Community Development Director or designee. Staff has processed all three entitlements concurrently since the Architectural and Site Review Permit approval is contingent on approval of the Planned Unit Development Zoning Amendment and Tentative (parcel) Map.

BACKGROUND

PUD History: In 2006, a PUD was approved for a larger development, consisting of 11 townhomes, seven (7) single-family homes, and one (1) common guest parking area (Hanna Court Project, approvals TM 06-15, Z 06-14 and AS 06-46, Tract 9931). Most of the PUD has been developed (8 townhome units and 3 single -family units). The subject site represents the remaining parcels to build out the PUD.

Planning Commission Recommendation: On July 7, 2022, the Planning Commission reviewed the project and unanimously1 recommended approval of the PUD Zoning Amendment, Tentative Map, and the Architectural and Site Review Permit (Attachments 5, 6 and 7). During the meeting, the applicant volunteered to install a bicycle rack in the guest parking lot, as requested by a member of the public (Attachment 8), and now illustrated on the Site Plan (Sheet A-1, Attachment 3).

Environmental Assessment: The project has been determined to be exempt from further California Environmental Quality Act (CEQA) review under a Statutory Exemption pursuant to Public Resources Code section 21083.3 and State CEQA Guidelines section 15183 (Projects Consistent with General Plan, Community Plan or Zoning). Public Resources Code Section 21083.3 allows a lead agency to avoid repeating analyses that were already provided in a certified General Plan EIR and where projects are zoned to accommodate a particular density o f development.

ANALYSIS:

1 The vote was 6-0-0-1 with one member abstaining due to a potential conflict.

9.2 Packet Pg. 82

Project Description: The applicant requests approval of a Tentative Map, Planned Unit Development Zoning Amendment, and Architectural and Site Review Permit for a proposed townhome development located on Gurries Drive (APN: 790-35-038, 039, & 054) within the R3 multiple-family residential district. The project requests deviations from the R3 minimum setbacks standards, which require approval of the PUD Zoning Amendment. One non-protected tree will be removed and replaced. The applicant has volunteered to install a bicycle rack in the guest parking lot (Sheet A-1, Attachment 3).

General Plan Consistency: The 2040 General Plan designation for the property is Medium Density Residential which allows a density of 8-20 dwelling units per net acre.

The range of density allowed on the 8,256 square foot property is two to four (2 -4) units.

The four-unit project would result in a residential density of approximately 21 dwelling units per acre, due to rounding up the fractional unit allowance.

The proposed 4-lot subdivision, site layout, and architectural design meets the findings for approval and is consistent with the Gilroy 2040 General Plan goals and policies, as discussed in the July 7, 2022 Planning Commission Staff report (Attachment 4).

Zoning Map Amendment / Planned Unit Development (PUD) Analysis: The PUD combining district provides an opportunity for projects to deviate from City Code where justified. PUDs are processed as a zone change according to the provisions of City Code Article LII. Pursuant to City Code Section 30.26.10, the intent of the PUD combining district is to allow development diversification, while ensuring adequate standards related to the public health, safety and general welfare of the community. The project requests deviations from the R3 minimum setbacks standards. Therefore, the PUD Zoning Amendment is required to deviate from the R3 zoning standards for front yard setbacks (20’ instead of 26’), side yard setbacks (5’10” instead of 12’) and rear yard setbacks (8’ instead of 15’).

The project meets the findings for approval as provided in the draft Ordinance.

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 Tentative (parcel) Map is required to consolidate and subdivide three (3) existing parcels into four (4) parcels, ranging in size from approximately 1,879 square feet to approximately 2,250 square feet, for a total lot area of 8,256 square feet.

The four new lots would be improved with an attached four-unit townhome development, along with a fenced rear yard and front yard landscaping for each unit.

The required findings and necessary conditions of approval have been prepared in conformance with City Code and are included in the draft Council Resolution (TM 21- 03).

Architectural and Site Permit Analysis: Architectural and site review permit approval is required pursuant to GCC Section 30.50.41(a). The project proposes four (4) 1,576 square-foot attached townhome units. Each unit includes a 456 square foot attached

9.2 Packet Pg. 83

two-car garage. Guest parking is accommodated in the 4-stall shared parking lot located between the subject site and the properties to the left side (see prior PUD discussion ).

The application is consistent with City Code and all objective development and design standards for multi-family homes in the R3 multi-family residential district. The required findings and necessary conditions of approval have been prepared in conformance with City Code and are included in the draft Council Resolution (AS 21-14).

ALTERNATIVES

The City Council may 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 costs associated with the project. The project will also require payment of all associated building permit fees and development impact fees for citywide improvements.

CONCLUSION

The Planning Commission recommends that the City Council adopt an Ordinance approving the Planned Unit Development Zoning Amendment for reduced setbacks, and adopt Resolutions approving the Tentative Map and the Architectural and Site Review Permit for the four-unit townhome development project.

NEXT STEPS

Upon City Council approval, the Engineering Department would complete the process of signing and recording the Parcel Map. The applicant can then apply for building permits to construct the project.

PUBLIC OUTREACH

On July 22, 2022, the project was published in the Gilroy Dispatch and on July 18, 2022, notice of this City Council meeting were mailed to property owners within 500 feet of the subject site. In addition, the City Council public hearing packets are available through the City's webpage.

Attachments:

1. Vicinity Map

2. Tentative Map

3. Development Plans

4. Planning Commission Staff Report, 07-07-22

9.2 Packet Pg. 84

5. PC Resolution 2022-08 - Z 21-04 - signed

6. PC Resolution 2022-09 - TM 21-03 - signed

7. PC Resolution 2022-10 - AS 21-14 - signed

8. Public comment letter, 06-02-22

9. Z 21-04 Draft Council Ordinance

10. TM 21-03 Draft Council Resolution

11. Exhibit A - Conditions of Approval for TM 21-03

12. AS 21-14 Draft Council Resolution

13. Exhibit A - Conditions of Approval for AS 21-14

14. Draft Notice of Exemption

15. Correspondence - Reedy, Sean

16. Correspondence - Reedy, Sean

9.2 Packet Pg. 85

9.2.a
Packet Pg. 86 Attachment: Vicinity Map (3885 : Gurries Drive 4-unit Townhome Development)

CIVIL ENGINEERS LAND SURVEYORS

CONSTRUCTION MANAGERS

HANNA-B UN TTI
EST. 1910
7651 EIGLEBERRY STREET GILROY 95020 CALIFORNIA OFFICE (408) 842-2173 FAX (408) 842-3662
EMAIL: ENGINEERING @ HANNABRUNETTI.COM
1Tentative Map
Gurries Drive - apn 790-35-038, -039 & -054

NOT FOR CONSTRUCTION

PRELIMINARY PLANS

9.2.b
Packet Pg. 87 Attachment: Tentative Map (3885 : Gurries Drive 4-unit Townhome Development)

9.2.cPacket Pg. 88Attachment: Development Plans (3885 : Gurries Drive 4-unit Townhome Development)

9.2.c
Packet Pg. 89 Attachment: Development Plans (3885 : Gurries Drive 4-unit Townhome Development)

9.2.c
Packet Pg. 90 Attachment: Development Plans (3885 : Gurries Drive 4-unit Townhome Development)

9.2.c
Packet Pg. 91 Attachment: Development Plans (3885 : Gurries Drive 4-unit Townhome Development)

9.2.c
Packet Pg. 92 Attachment: Development Plans (3885 : Gurries Drive 4-unit Townhome Development)

9.2.c
Packet Pg. 93 Attachment: Development Plans (3885 : Gurries Drive 4-unit Townhome Development)

9.2.c
Packet Pg. 94 Attachment: Development Plans (3885 : Gurries Drive 4-unit Townhome Development)

9.2.cPacket Pg. 95Attachment: Development Plans (3885 : Gurries Drive 4-unit Townhome Development)

9.2.cPacket Pg. 96Attachment: Development Plans (3885 : Gurries Drive 4-unit Townhome Development)

9.2.cPacket Pg. 97Attachment: Development Plans (3885 : Gurries Drive 4-unit Townhome Development)

9.2.cPacket Pg. 98Attachment: Development Plans (3885 : Gurries Drive 4-unit Townhome Development)

9.2.cPacket Pg. 99Attachment: Development Plans (3885 : Gurries Drive 4-unit Townhome Development)

Gurries Dr
Residence
B
Residence
A

Residence
C
Residence
D
Garage
Garage
GarageGarage
Kitchen
Living
Room
Entry Entry Entry Entry
Living
Room
Living
Room
Living
Room
Kitchen Kitchen Kitchen
Driveway of
Pavers
Driveway of
Pavers
Driveway of
Pavers
Driveway of
Pavers
Sidewalk
At least 4 cu. yds. of compost, six (6)
inches deep, shall be applied per 1,000 sq.
ft. of Landscape Area.

A minimum three (3) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas, except in areas of direct seeding application
(e.g. hydro-seeding).

Karen Aitken & Associates -2021
These drawings are instruments of service, issued for a one-time single use by the owner. The entire contents of these drawings is copyright Karen Aitken & Associates. Landscape Architect retains all rights and title. No part may be reproduced in any fashion or medium without the express written approval of the landscape architect. The proper electronic transfer of data shall be the user’s responsibility without liability to the landscape architect. Owner shall assume responsibility for compliance with all easements, setback requirements and property lines. Owner shall acquire all necessary permits required to perform work shown on plans. Base information has been provided by the owner. Karen Aitken & Associates assumes no liability for the accuracy of said property line boundaries, fence lines or property corners.

ConcreteConcreteConcreteConcreteLawnLawnLawn Lawn
Rolled Curb & Gutter9'-7"Pistache Tree 24” Box
Pistache Tree 24” Box
(E) 24” Ø Tree
3 Coleonema ‘Compacta’
(E) Water Meter Water Meter
(E) Water Meter 8 Verbena ‘Homestead Purple’
6 Agapanthus
‘Queen Anne’
4 Coleonema ‘Compacta’
6 Rhaphiolepis
umbellata ‘Minor’
4 Escallonia
‘Newport Dwarf’
2 Teucrium
chamaedrys
2 Teucrium
chamaedrys
2 Teucrium
chamaedrys
2 Teucrium
chamaedrys
12 Verbena ‘Homestead Purple’
3 Rhaphiolepis umbellata
‘Minor’
6 Agapanthus
‘Queen Anne’
4 Escallonia
‘Newport Dwarf’
8 Verbena ‘Homestead Purple’
6 Star
Jasmine
6 Agapanthus ‘Queen Anne’
3 Escallonia ‘Fradesii'
4 Nandina domestica
11 Escallonia ‘Fradesii’
Stepping Stones
10 Pittosporum tenuifolium
3 Nandina domestica
3 Escallonia ‘Fradesii’
3 Ecallonia ‘Fradesii’
3 Escallonia ‘Fradesii’
3 Nandina domestica
Property Line
Property Line
Property Line
Pea Gravel Path
30” wide
Pea Gravel Path
30” wide
Wood Fence 6’ high
3 Coleonema ‘compacta’
Water Meter
8 Star Jasmine
trained to Fence
9 Star Jasmine
Trained to Trellis
18” Sq. Pillar
w/ Stone Veneer
Wrought Iron
Fence 6’ high
Wrought Iron
Fence 6’ high
Wood Gate &
Fence 6’ high
18” Sq. Pillar
w/ Stone Veneer
Wrought Iron
Fence 6’ high
4 Nandina domestica
3 Nandina domestica
3&7*4*0/4#:KAREN AITKEN & ASSOCIATESLANDSCAPE ARCHITECTS 8262 Rancho Real Gilroy Ca. 95020Calif. Reg.#2239 (408) [email protected]

EL ENCANTO

N EL ENCANTO RESIDENCESDATE
SCALE
DRAWN
JOB
* NOTES (E) = Existing Gurries Dr, Gilroy, CA.1/8"=1'-0" L-1 PLANTING PLANSCALE 1/8” = 1’-0”
0 8 16

EM - AD

PLANT LEGEND

9.2.c
Packet Pg. 100 Attachment: Development Plans (3885 : Gurries Drive 4-unit Townhome Development)

Gurries Dr
Residence
B
Residence
A
Residence
C
Residence
D
Driveway of
Pavers
Driveway of
Pavers
Driveway of
Pavers
Driveway of
Pavers
Sidewalk
LawnLawnLawnLawn
Karen Aitken & Associates -2021
These drawings are instruments of service, issued for a one-time single use by the owner. The entire contents of these drawings is copyright Karen Aitken & Associates. Landscape Architect retains all rights and title. No part may be reproduced in any fashion or medium without the express written approval of the landscape architect. The proper electronic transfer of data shall be the user’s responsibility without liability to the landscape architect. Owner shall assume responsibility for compliance with all easements, setback requirements and property lines. Owner shall acquire all necessary permits required to perform work shown on plans. Base information has been provided by the owner. Karen Aitken & Associates assumes no liability for the accuracy of said property line boundaries, fence lines or property corners.

Rolled Curb & GutterPistache Tree 24” Box
(E) 24” Ø Tree (E) Water Meter Water Meter
(E) Water Meter
Stepping Stones
Property Line
Property Line
Property Line
Pea Gravel Path
30” wide
Pea Gravel Path
30” wide
Wood Fence 6’ high
Water MeterCCCCRRRR
MS
MS MS
MS
170 SF Low
Water Drip
279 SF High
Water Spary
3 61 SF Low
Water Drip
4 376 SF Low
Water Drip
1 63 SF Low
Water Drip
2 50 SF High
Water Spray
3195 SF Low
Water Drip
163 SF Low
Water Drip
250 SF High
Water Spary
3 195 SF Low
Water Drip
1 65 SF Low
Water Drip
2 70 SF High
Water Spray
361 SF Low
Water Drip
4376 SF Low
Water Drip
“I have complied with the criteria of the Water Conservation in Landscaping Ordinance and applied them accordingly for the efficient use of water in the irrigation design plan.”

IRRIGATION KEY
Main Line SCH 40 2"
Sleeves SCH 40 4" or contractor to locate and use existing if possible
Lateral Line SCh 40 1"
Rainbird Drip Valve XCS-100-PRF
Drip Line: Netafim Techline CV LITE with 18" Emitter spacing and 24" lateral spacing. Provide flush valves at the end of each circuit and air relief valve at the high point of each circuit.

C Rainbird Controller 4 to 22- station ESP-Me
Rainbird RSD Series Rain Shut OffR
Rainbird SMRT-Y Soil Moisture SensorMS
Rainbird Valves PEB or PEBS
Rainbird 1800 series 6" Heads
Netafim
Dripline
Rainbird

PEB VALVE
Netafim
Flush Valve
Rainbird Controller
22 station ESP-Me
Rainbird Drip Valve
XCS-100-PRF
Rainbird
Rotors
Rainbird RSD
Series Rain Shut OffRainbird SMRT-Y Soil
Moisture Sensor
18” Sq. Pillar
w/ Stone Veneer
Wrought Iron
Fence 6’ high
Wrought Iron
Fence 6’ high
Wood Gate &
Fence 6’ high
18” Sq. Pillar
w/ Stone Veneer
Wrought Iron
Fence 6’ high
3&7*4*0/4#:KAREN AITKEN & ASSOCIATESLANDSCAPE ARCHITECTS 8262 Rancho Real Gilroy Ca. 95020Calif. Reg.#2239 (408) [email protected] ENCANTO

N EL ENCANTO RESIDENCESDATE
SCALE
DRAWN
JOB
* NOTES (E) = Existing Gurries Dr, Gilroy, CA.1/8"=1'-0" L-2 IRRIGATION PLANSCALE 1/8” = 1’-0”
0 8 16

EM - AD
01-18-22

9.2.c
Packet Pg. 101 Attachment: Development Plans (3885 : Gurries Drive 4-unit Townhome Development)

9.2.c
Packet Pg. 102 Attachment: Development Plans (3885 : Gurries Drive 4-unit Townhome Development)

IRRIGATION NOTES

1. THE IRRIGATION SYSTEM IS TO BE INSTALLED IN CONFORMANCE WITH ALL LOCAL CODES.

2. THIS IRRIGATION DESIGN IS DIAGRAMMATIC IN NATURE AND DOES NOT REPRESENT AN EXACT LAYOUT. THE CONTRACTOR SHALL MAKE MINOR ADJUSTMENTS IN HEAD, VALVE, AND PIPING LAYOUT. FOR GRAPHIC CLARITY, PIPING MAY BE SHOWN OUTSIDE OF PLANTING AREAS BUT SHOULD BE INSTALLED IN BEDS WHENEVER POSSIBLE.

3. REMOTE CONTROL VALVES SHALL BE INSTALLED FLUSH WITH FINISH GRADE AND SHOULD BE INSTALLED IN PLANTING AREAS ONLY. USE EXISTING VALVE BOXES WHEN POSSIBLE.

4. WHERE PIPE PASSES UNDER DRIVING SURFACES, AND WALKS PROVIDE PVC SLEEVES AS NOTED ON PLANS. CONTRACTOR TO USE EXISTING SLEEVING WHEN POSSIBLE AND IS TO LOCATE ON SITE.

5. CONTRACTOR TO CONFIRM THE LOCATION OF ALL EXISTING UTILITIES AND UNDERGROUND STRUCTURES PRIOR TO EXCAVATION OF TRENCHES. CONTRACTOR TO

REPAIR ANY DAMAGES CAUSED BY, OR DURING THE PERFORMANCE OF HIS WORK AT NO EXTRA COST TO THE OWNER.

THE FOLLOWING CRITERIA SHALL BE USED IN THE PREPARATION OF ON-SITE SOILS AND FOR MULCHING PROCEDURES:

A) PRIOR TO THE PLANTING OF ANY MATERIALS, COMPACTED SOILS SHALL BE TRANSFORMED TO A FRIABLE CONDITION. ON ENGINEERED SLOPES, ONLY AMENDED PLANTING HOLES NEED MEET THIS REQUIREMENT;

B) SOIL AMENDMENTS SHALL BE INCORPORATED ACCORDING TO RECOMMENDATIONS OF THE SOIL REPORT AND WHAT IS APPROPRIATE FOR THE PLANTS SELECTED;

C) FOR LANDSCAPE INSTALLATIONS, COMPOST AT A RATE OF A MINIMUM OF FOUR CUBIC YARDS PER 1,000 SQUARE FEET OF PERMEABLE AREA SHALL BE INCORPORATED TO A DEPTH OF SIX INCHES INTO THE SOILS WITH GREATER THAN 6% ORGANIC MATTER IN THE TOP 6 INCHES OF SOIL ARE EXEMPT FROM ADDING COMPOST AND TILLING; D) A MINIMUM 3 INCH (3") LAYER OF BARK MULCH SHALL BE APPLIED ON ALL EXPOSED

SOIL SURFACES OF PLANTING AREAS EXCEPT IN TURF AREAS, CREEPING OR ROOTING

GROUNDCOVERS, OR DIRECT SEEDING APPLICATIONS WHERE
MULCH IS CONTRAINDICATED. TO PROVIDE HABITAT FOR BENEFICIAL INSECTS AND OTHER WILDLIFE, UP TO 5 % OF THE LANDSCAPE AREA MAY BE LEFT WITHOUT MULCH.

DESIGNATED INSECT HABITAT MUST BE INCLUDED IN THE LANDSCAPE DESIGN PLAN AS SUCH;

E) STABILIZING MULCHING PRODUCTS SHALL BE USED ON SLOPES THAT MEET CURRENT ENGINEERING STANDARDS;

F) THE MULCHING PORTION OF THE SEED/MULCH SLURRY IN HYDRO-SEEDED

APPLICATIONS SHALL MEET THE
MULCHING REQUIREMENT;

G) ORGANIC MULCH MATERIALS MADE FROM RECYCLED OR POST-CONSUMER SHALL TAKE

PRECEDENCE OVER INORGANIC MATERIALS OR VIRGIN FOREST PRODUCTS UNLESS THE RECYCLED POST-CONSUMER ORGANIC PRODUCTS ARE NOT LOCALLY AVAILABLE. ORGANIC

MULCHES ARE NOT REQUIRED WHERE PROHIBITED BY LOCAL FUEL MODIFICATION PLAN GUIDELINES OR OTHER APPLICABLE LOCAL ORDINANCES.

SOIL PREPARATION, MULCH AND AMENDMENTS

PLANTING NOTES

1. THE CONTRACTOR SHALL LOCATE AND VERIFY THE EXISTENCE OF ALL UTILITIES PRIOR TO STARTING WORK.

2. THE PLANT MATERIAL LOCATIONS ARE DIAGRAMMATIC AND SUBJECT TO CHANGE IN THE FIELD AS DIRECTED BY THE LANDSCAPE ARCHITECT.

3. ALL PLANT MATERIAL SHALL CONFORM TO THE GUIDELINES ESTABLISHED BY THE CURRENT AMERICAN STANDARD OF NURSERY STOCK, PUBLISHED BY THE AMERICAN ASSOCIATION OF NURSERYMEN.

4. THE PLANT COUNT IS FOR CONTRACTOR'S CONVENIENCE. IN CASE OF DISCREPANCY, THE PLAN SHALL GOVERN.

5. ALL TREES TO BE STAKED PLUMB UNLESS OTHERWISE NOTED.

6. ALL PLANTED AREAS SHALL BE FREE FROM ROCKS AND DEBRIS GREATER THAN 2" IN DIAMETER.

7. PRIOR TO THE PLANTING OF ANY MATERIALS, COMPACTED SOILS SHALL BE TRANSFORMED TO A FRIABLE CONDITION. ON ENGINEERED SLOPES, ONLY AMENDED PLANTING HOLES NEED MEET THIS REQUIREMENT;

8. SOIL AMENDMENTS SHALL BE INCORPORATED ACCORDING TO RECOMMENDATIONS OF THE SOIL REPORT AND WHAT IS APPROPRIATE FOR THE PLANTS SELECTED;

9. FOR LANDSCAPE INSTALLATIONS, COMPOST AT A RATE OF A MINIMUM OF FOUR CUBIC YARDS PER 1,000 SQUARE FEET OF PERMEABLE AREA SHALL BE INCORPORATED TO A DEPTH OF SIX INCHES INTO THE SOIL. SOILS WITH GREATER THAN 6% ORGANIC MATTER IN THE TOP 6 INCHES OF SOIL ARE EXEMPT FROM ADDING COMPOST AND TILLING;

10. A MINIMUM THREE INCH (3″) LAYER OF MULCH SHALL BE APPLIED ON ALL EXPOSED SOIL SURFACES OF

PLANTING AREAS EXCEPT IN TURF AREAS, CREEPING OR ROOTING GROUNDCOVERS, OR DIRECT SEEDING APPLICATIONS WHERE MULCH IS CONTRAINDICATED. TO PROVIDE HABITAT FOR BENEFICIAL INSECTS AND OTHER WILDLIFE, UP TO 5 % OF THE LANDSCAPE AREA MAY BE LEFT WITHOUT MULCH. DESIGNATED INSECT HABITAT MUST BE INCLUDED IN THE LANDSCAPE DESIGN PLAN AS SUCH;

11. STABILIZING MULCHING PRODUCTS SHALL BE USED ON SLOPES THAT MEET CURRENT ENGINEERING STANDARDS;

12. ORGANIC MULCH MATERIALS MADE FROM RECYCLED OR POST-CONSUMER SHALL TAKE PRECEDENCE OVER

INORGANIC MATERIALS OR VIRGIN FOREST PRODUCTS UNLESS THE RECYCLED POST-CONSUMER ORGANIC PRODUCTS ARE NOT LOCALLY AVAILABLE. ORGANIC MULCHES ARE NOT REQUIRED WHERE PROHIBITED BY LOCAL FUEL MODIFICATION PLAN GUIDELINES OR OTHER APPLICABLE LOCAL ORDINANCES. 3&7*4*0/4#:KAREN AITKEN & ASSOCIATESLANDSCAPE ARCHITECTS 8262 Rancho Real Gilroy Ca. 95020Calif. Reg.#2239 (408) [email protected] SCALE
DRAWN
JOB Gurries Dr, Gilroy, CA.EM - AD
L-4 IRRIGATION DETAILSEL ENCANTO EL ENCANTO RESIDENCES01-18-22 RESIDENCE “D”

9.2.c
Packet Pg. 103 Attachment: Development Plans (3885 : Gurries Drive 4-unit Townhome Development)

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

DATE: July 7, 2022

TO: Planning Commission

FROM: Cindy McCormick, Customer Service Manager

SUBJECT: Tentative Map, Planned Unit Development Zoning Amendment, and Architectural and Site Review Permit on property located on Gurries Drive (APN: 790-35-038, 039, & 054) within the R3 medium density residential district.

RECOMMENDATION:

Staff has analyzed the proposed project, and recommends that the Planning Commission:
a) Adopt a resolution recommending that the City Council adopt an ordinance approving a Planned Unit Development Zoning Amendment on property currently located on Gurries Drive, identified as assessor parcel numbers 790-35-038, 039, and 054 (file number Z 21-04); and
b) Adopt a resolution recommending that the City Council adopt a Resolution approving a tentative map to adjust the lot lines and subdivide three (3) parcels on Gurries Drive (APN: 790-35-038, 039, & 054) into a total of four (4) parcels (file number TM 21-03); and
c) Adopt a resolution recommending that the City Council approve an Architectural and Site Review Permit to allow construction of four (4) townhomes on the subject property (file number AS 21-14), following approval of the associated PUD Zoning Amendment and Tentative Map.

PROJECT DESCRIPTION:

The applicant requests approval of a Tentative Map, Planned Unit Development Zoning Amendment, and Architectural and Site Review Permit across three existing lots located on Gurries Drive (APN: 790-35-038, 039, & 054) within the R3 multiple-family residential district. The General Plan designation for the property is Medium Density Residential which allows a density of 8-20 dwelling units per net acre. The range of density allowed on the 8,256 square foot property is two to four (2-4) units.

9.2.d
Packet Pg. 104 Attachment: Planning Commission Staff Report, 07-07-22 (3885 : Gurries Drive 4-unit Townhome Development)

2 The Tentative (parcel) Map is required to consolidate and subdivide three (3) existing parcels into four (4) parcels. The four new lots would be improved with an attached four- unit townhome development resulting in a project density of 21 dwelling units per acre, due to rounding up the fractional unit allowance. The residential lots would range in size from approximately 1,879 square feet to approximately 2,250 square feet, for a total lot area of 8,256 square feet.

The Planned Unit Development (PUD) Zoning Amendment is required to deviate from the R3 zoning standards for front yard setbacks (20’ instead of 26’), side yard setbacks (5’10” instead of 12’) and rear yard setbacks (8’ instead of 15’). Guest parking is accommodated in the 4-stall shared parking lot located between the subject site and the properties to the rear and left side (see prior PUD discussion below).

The Architectural and Site Review approval proposes designs for four (4) attached townhome units. Each unit includes an attached two-car garage, fenced rear yard and front yard landscaping.

BACKGROUND:

PUD History: In 2006, a PUD was approved for a larger development, consisting of 11 townhomes, seven (7) single-family homes, and one (1) common guest parking area (i.e., Hanna Court Project, approvals TM 06-15, Z 06-14 and AS 06-46, Tract 9931).

Most of the PUD has been developed (8 townhome units and 3 SF units). The subject site represents the remaining parcels to build out the PUD. The requested PUD Zoning Amendment allows for the requested setback deviations from City Code, as discussed herein.

Subject Property and Surrounding Land Uses: The subject property is currently located on Gurries Drive with a combined total area of 8,256 square feet. The site is located on the north side of Gurries Drive between Hanna Street to the east and Church Street to the west. The site is surrounded by property zoned for medium density residential development as shown in the following table.

LOCATION EXISTING LAND USE GENERAL PLAN ZONING
Project Site Vacant
Medium Density (8-
20 dwelling units
per net acre)
Medium Density
Residential /
Planned Unit
Development
(R3 PUD)
North Multi-family
South Single-Family
East
Vacant / Permits in
process for two (2) Duets
plus two (2) ADUs
West Single-Family

Environmental Assessment: The project has been determined to be exempt from further California Environmental Quality Act (CEQA) review under a Statutory

9.2.d
Packet Pg. 105 Attachment: Planning Commission Staff Report, 07-07-22 (3885 : Gurries Drive 4-unit Townhome Development)

3 Exemption pursuant to Public Resources Code section 21083.3 and State CEQA Guidelines section 15183 (Projects Consistent with General Plan, Community Plan or Zoning). Public Resources Code Section 21083.3 allows a lead agency to avoid repeating analyses that were already provided in a certified General Plan EIR and where projects are zoned to accommodate a particular density of development.

ANALYSIS:

The proposed project requires approval by the City Council upon recommendation of the Planning Commission for a Tentative Map, Planned Unit Development Zoning Map Amendment, and associated Architectural and Site Review Permit.

General Plan Consistency: The 2040 General Plan land use designation of the site is Medium Density Residential. This designation is intended primarily for multi-family attached structures (townhomes, condominiums, apartment buildings). Buildings are typically two to three stories tall.

The proposed four (4) dwelling units is consistent with the General Plan allowed density of 8-20 DU/NA, where fractional units are rounded up (20 DU/NA = 3.78 units). Although the project results in an actual residential density of 21.105 dwelling units per net acre (DU/NA), the City must allow the proposed number of units due to the rounding up allowance. The proposed 4-lot subdivision, site layout, PUD setback deviation, and architectural design is consistent with the following General Plan goals and policies:

General Plan Goal / Policy Consistency Analysis
Housing Element Policy H-1.1 The
City shall strive to ensure adequate
land is available at a range of densities
to meet Gilroy’s existing and projected
housing needs.

Attached townhomes will provide a
needed housing type/density in the city,
in comparison to low-density single-
family detached units which represent
approximately 70% of Gilroy’s existing
housing stock.

Housing Element Policy H-1.2 The
City shall encourage the provision of a
variety of housing options for Gilroy
residents.

At 1,576 square feet, the proposed
townhome units will provide the City with
a more moderately priced housing
choice.

Land Use Goal LU 1 Protect and
enhance Gilroy’s quality of life and
unique identity while continuing to grow
and change.

The townhome units that have been
designed in a traditional architectural
style with architectural features that will
complement the existing residential
neighborhood.

9.2.d
Packet Pg. 106 Attachment: Planning Commission Staff Report, 07-07-22 (3885 : Gurries Drive 4-unit Townhome Development)

4 General Plan Goal / Policy Consistency Analysis
Land Use Policy LU 1.1 Pattern of
Development: Ensure an orderly,
contiguous pattern of development that
prioritizes infill development, phases
new development, encourages
compactness and efficiency, preserves
surrounding open space and
agricultural resources, and avoids land
use incompatibilities
The proposed infill project was
anticipated in the City 2040 General Plan
and associated environment impact
report. It represents the last remaining
parcels needed to complete the full
development of the previously
contemplated Hanna Court Project.

Land Use Goal LU 3 Provide a variety
of housing types that offer choices for
Gilroy residents and create complete,
livable neighborhoods.

The project would develop an
underutilized property with four
townhome units, providing the city with a
housing choice that is not currently
prevalent in the City.

Land Use Policy LU 3.1 Existing
Neighborhoods: Maintain and
enhance the quality of existing
residential neighborhoods, ensuring
adequate public facilities such as
parks, schools, streets, water supply,
and drainage
The site will be served by adequate
public facilities such as parks, schools,
streets, and water supply. The project
drainage plan has been prepared in
accordance with City requirements.

Land Use Policy LU 3.4 Compatible
Lotting Pattern: For infill projects
where there is an established pattern
of lot sizes abutting a project site, new
development should reflect the existing
lotting pattern, particularly the lot width
of parcels directly across an existing
street.

The proposed infill project will be
compatible with the surrounding
residential uses, including the smaller
townhome units to the north and the
larger single-family units to the east and
south. The City is also processing
permits for a similar sized duet-style
development to the west.

Land Use Policy LU 3.6 Attached
Housing Require new development
projects located within the Medium
Density and High-density land use
designations to provide attached
dwelling units.

The project proposes attached
townhome units on a property
designated as Medium Density.

9.2.d
Packet Pg. 107 Attachment: Planning Commission Staff Report, 07-07-22 (3885 : Gurries Drive 4-unit Townhome Development)

5 General Plan Goal / Policy Consistency Analysis
Land Use Policy LU 3.8 Multi-Family
Residential Design Policy Encourage
new multi-family development to
incorporate distinctive site and
architectural design that also respects
existing and surrounding uses.

The proposal is consistent with the City’s
Multi-Family Residential Objective
Design Standards Policy in that the units
have been designed with multiple wall
planes, varying roof lines, and two (2)
different exterior materials (lap siding
and board and batt). Entry porches are
stepped back from the façade of the
building.

Land Use Policy LU 8.5 Public Art
Encourage the installation of public art
in conjunction with residential and non-
residential development.

In lieu of an on-site PUD amenity for this
small development, the applicant will
donate $4,000 towards the City’s Public
Art fund, for the benefit of the
community.

Land Use Policy LU 8.6 Utility
Undergrounding Proceed with the
undergrounding of existing overhead
utility lines throughout the city, as
funding allows, and require
undergrounding of utilities in all new
developments.

All new services to the development
shall be "underground service" designed
and installed in accordance with local
utility providers (e.g., PG&E).

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

Mobility Policy M 1.13 Transportation
Funding Ensure new development fully
funds the construction of transportation
facilities required to meet the City’s
LOS policy and other required
transportation mitigation, including
roadways, trails, and transit stops.

The applicant shall pay a transportation
improvement fee proportional to the
project's share of transportation
improvements needed to serve
cumulative development within the City
of Gilroy. The funds shall be used to
fund improvements identified in the City
Traffic Circulation Master Plan.

Mobility Policy M 3.2 New
Development Require new
development to include a system of
sidewalks, trails, and bikeways that link
all land uses, provide accessibility to
parks and schools, and connect to all
existing or planned external street and
trail facilities in accordance with the
Mobility Diagrams.

Per the project conditions of approval,
the applicant shall replace the sidewalk
surrounding the project site to existing
City standards. The non-continuous
sidewalk at the north side of Gurries will
be completed thereby enhancing the
pedestrian experience along Gurries.

The nearest existing bikeways are on
First Street, and on Church Lane at
Gurries Drive.

9.2.d
Packet Pg. 108 Attachment: Planning Commission Staff Report, 07-07-22 (3885 : Gurries Drive 4-unit Townhome Development)

6 General Plan Goal / Policy Consistency Analysis
Mobility Policy M 3.9 Bicycle
Parking Require adequate short- and
long-term bicycle parking for all land
uses except for single-family residential
uses.

Bicycle parking is not required for
residential townhome units. However,
individual homeowners could choose to
accommodate bicycle parking (e.g., wall
rack) within their own private garage for
personal use.

Mobility Policy M 3.17 Traffic Impact
Fee for Bicycle/Pedestrian
Improvements Support and finance
the construction of pedestrian and
bicycle improvements specified in the
Mobility Diagrams by using the
comprehensive traffic impact fee
In addition to paying traffic impact fees,
the applicant shall pay a Transportation
Improvement Fee, in proportion to the
project's share of transportation
improvements needed to serve
cumulative development within the City
of Gilroy. The funds shall be used to
fund improvements identified in the City
Traffic Circulation Master Plan, which
includes bikeways.

Conformance with Zoning Code Development Standards: The project is zoned Medium Density Residential (R3) PUD. The proposal may be permitted with a Planned Unit Development Zoning Amendment, Tentative Map, and Architectural and Site Review. The Planned Unit Development overlay is required to permit exceptions to the minimum R3 setback development standards, as provided in the following table:

STANDARD REQUIRED PROPOSED CONFORMS?
Minimum Lot Size
8,880 sq. ft.

8,256 sq. ft.
existing
Legal non-
conforming lot.

Consistent with
allowed density,
as discussed in
the staff report.

Maximum Building Height 45-feet 25-feet Yes
Minimum Front Yard Setback
(from face of curb)
26-feet 20-feet PUD exception
Left and Right Side 12-feet
5-feet,
10-inches
PUD exception
Rear 15-feet 8-feet PUD exception

9.2.d
Packet Pg. 109 Attachment: Planning Commission Staff Report, 07-07-22 (3885 : Gurries Drive 4-unit Townhome Development)

7 STANDARD REQUIRED PROPOSED CONFORMS?
Length of Driveway
(from back of Walk to garage)
18-feet 18-feet Yes
Parking
(2 stalls per 3-BR unit
+ 1 guest stall/4 units)
1 stall per unit shall be covered
(e.g. in a garage or under a carport)
8 + 1 8 + 1
Yes, guest
parking is shared
with the Hanna
Court PUD

Zoning Map Amendment / Planned Unit Development (PUD) Review: The PUD combining district provides an opportunity for projects to deviate from City Code where justified. Pursuant to City Code Section 30.26.10, the intent of the PUD Planned Unit Development combining district is to allow diversification in the relationships of buildings, structures, and open spaces in building groups and the allowable heights of said buildings and structures, while ensuring adequate standards related to the public health, safety and general welfare of the community. By allowing this diversification, the PUD planned unit development combining district intends to promote unified planning and development, economical and efficient land use, a higher standard of amenities, appropriate and harmonious variety in physical development, creative design, and an upgrading of the urban environment.

Planned Unit developments (PUD) are processed as a zone change according to the provisions of City Code Article LII. Pursuant to Gilroy City Code (GCC) Section

30.50.50 (Planned unit development approval), the planning commission shall review the PUD application and associated staff report and may recommend approval or deny the requested ordinance or map amendment. In the case of a denial, including a denial without prejudice, the planning commission shall adopt a resolution citing the specific and substantial reasons for denial. In the case of a recommendation of approval, the planning commission shall make findings demonstrating that the amendment is necessary to carry out the general purpose of the Zoning Ordinance and applicable general plan goals and policies. If recommended for approval, the application will be scheduled for a city council hearing.

Zoning Map Amendment / Planned Unit Development (PUD) Analysis: The project requests deviations from the R3 minimum setbacks standards as provided in the Development Standards Table.

PUD Findings: GCC Section 30.50.50(d) establishes nine (9) findings required for a PUD approval. Staff suggests the following determinations in support of the PUD:

1. “The project conforms to the Gilroy General Plan in terms of general location and standards of development.”
The proposed density is consistent with the Medium Density General Plan land use

9.2.d
Packet Pg. 110 Attachment: Planning Commission Staff Report, 07-07-22 (3885 : Gurries Drive 4-unit Townhome Development)

8 designation and R-3 zoning designation. This designation is intended primarily for multi-family attached structures (townhomes, condominiums, apartment buildings).

Per the General plan, buildings are typically two to three stories tall.

2. “The project provides the type of development that will fill a specific need of the surrounding area.”
The townhome project is consistent with Housing Element Goal H-1 (Housing Production) that strives to provide adequate residential sites to accommodate projected housing needs and encourage the production of a variety of housing types.

Smaller lots accommodate smaller units, such as the 1,576 square foot units being proposed, which is typically a more affordable housing option than the typical detached single-family housing that is predominate in Gilroy.

3. “The project will not require urban services beyond those that are currently available.” All utilities needed to serve the project are located adjacent to the property.

4. “The project provides a harmonious, integrated plan that justifies exceptions, if such are required, to the normal requirements of this ordinance.” The proposed development proposes reduced setbacks in order to achieve the allowable density and still provide a reasonable unit size (1,576 square feet). The site layout and building design is compatible with the surrounding townhome units.

5. “The project reflects an economical and efficient pattern of land uses.” The project proposes an economical and efficient pattern of land uses by developing the full potential of the allowed density of the medium density land use designation.

6. “The project includes greater provisions for landscaping and open space than would generally be required.”
The private rear yards area are a minimum 230 square feet in area, exceeding the minimum 150 square foot area for R3 properties (City Code section 30.7.5).

7. “The project utilizes aesthetic design principles to create attractive buildings and open space areas that blend with the character of surrounding areas.” In keeping with the existing surrounding development, the units have been designed with multiple wall planes, varying roof lines, and two (2) different exterior materials (lap siding and board and batt). Entry porches are stepped back from the façade of the building.

8. “Not create traffic congestion, noise, odor, or other adverse effect on surrounding areas.”
The infill project is designed in a consistent manner with the surrounding properties so as not to create any traffic congestion, noise, odor, or other adverse effect on surrounding areas.

9. “The project provides adequate access, parking, landscaping, trash areas and storage, as necessary.”

9.2.d
Packet Pg. 111 Attachment: Planning Commission Staff Report, 07-07-22 (3885 : Gurries Drive 4-unit Townhome Development)

9 The project provides adequate access from Gurries Drive and each unit provides a 2- car garage in addition to driveway parking. The property shares guest parking (lot to the west) with the development to the north and east, consistent with City Code. The applicant has requested a “Will Serve” letter from Recology, the City’s waste hauler.

Tentative Map Review: Pursuant to Gilroy City Code (GCC) Section 21.41 (Action on tentative map), the planning commission shall after considering all reports, recommendations, comments and opinions, transmit its recommendation for approval or conditional approval, to the city council within sixty (60) days from the date of its decision. The tentative map may be denied only if the property as proposed to be developed would conflict with the City code, statute, law or other valid regulation, or if the land is subject to severe flood hazard or severe inundation. A final map is not required for a parcel map under Section 66426 of the Subdivision Map Act.

Tentative Map Analysis: The project has been reviewed by all City departments and applicable agencies. Based on this review, conditions of approval have been prepared in conformance with the requirements of City Code. Residential subdivisions must comply with Chapter 21, Subdivisions and Land Development. The property is not subject to severe flood hazard or severe inundation and the project is consistent with City Code as follows:

1. Flood Zone: The project site is located in an area designated as Flood Zone X, which is not a 100-year flood zone or considered a special hazard flood zone per the FEMA Flood Rate Insurance Maps (FEMA 2009).

2. Density: The proposed four (4) dwelling units is consistent with the General Plan allowed density of 8-20 DU/NA, where fractional units are rounded up (20 DU/NA =

3.78 units). Although the project results in an actual residential density of 21.105 dwelling units per net acre (DU/NA), the City must allow the proposed number of units due to the rounding up allowance.

3. Lot Sizes: The proposed lot sizes are approximately 2,248 sq. ft. (Lot A), 1,879 sq. ft. (Lot B), 1,879 sq. ft. (Lot C), and 2,250 sq. ft. (Lot D).

4. Site Layout: The proposed townhomes would face Gurries Drive. The residences would be setback 20 feet from the face of curb, with minimum 18-foot driveways to the attached garage. Each lot would have 5-foot,10-inch side yard setbacks and an 8-foot rear yard setback to accommodate a small lawn and patio area.

5. Access and Parking. Each parcel would be accessed via new driveways off Gurries Drive. Each residence includes an attached two-car garage.

6. Utilities: The project would connect to the existing City of Gilroy water and sewer mains along Gurries Drive. The residences would also connect to an existing Pacific Gas & Electric (PG&E) gas main and electrical pole.

7. Grading/Excavation. The project proposes approximately 52 cubic yards of fill and 39 cubic yards of cut, for a net export of ~13 cubic yards of earth material.

8. Stormwater Management. The project proposes 4,460 square feet of impervious surfaces and will comply with the City’s stormwater management requirements.

9.2.d
Packet Pg. 112 Attachment: Planning Commission Staff Report, 07-07-22 (3885 : Gurries Drive 4-unit Townhome Development)

10 9. Landscaping. No trees are proposed for removal. Landscaping includes the planting of two (2) 24-inch box Chinese pistache trees and a variety of shrubs and groundcover. Irrigation for landscaping will be required to comply with the City’s water efficient irrigation standards.

Tentative Map Findings:

Pursuant to Government Code (G.C.) section 66473.5, for a city to approve a subdivision map, it must make a finding that a proposed subdivision is consistent with its general plan.
o As provided in this staff report, the proposed Tentative Parcel Map (TM 21-03), is consistent with the intent of the goals and policies of the Gilroy 2040 General Plan.

G.C. Section 66474 provides that a city shall deny approval of a tentative tract or parcel map if it makes any one of seven specific “negative” findings. Thus, for a city to approve a tentative tract or parcel map, it must find the inverse of the seven “negative” findings in section 66474. Pursuant to staff’s analysis, the following findings can be made in the negative, supporting a Planning Commission recommendation of approval of the proposed Tentative Parcel Map (TM 21-03), as conditioned in the attached resolution.

1. That the proposed subdivision is not consistent with applicable general and specific plans as specified in Section 65451.

This finding for denial cannot be made. The proposed subdivision (TM 21-03) is generally consistent with the goals and policies of the Gilroy 2040 General Plan, and no Specific Plan applies to this property or proposed development.

2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

The design of the proposed subdivision (TM 21-03) is also consistent with the Gilroy Mixed-use Residential and Multi-family Residential Objective Design Standards Policy.

3. That the site is not physically suitable for the type of development.

This finding for denial cannot be made. The site is physically suitable for the proposed development (TM 21-03) because it is generally consistent with the City’s Zoning Ordinance, Subdivision Ordinance, and Land Development Code. Public utilities and infrastructure improvements needed to serve the proposed project are in proximity to the site.

4. That the site is not physically suitable for the proposed density of development.

This finding for denial cannot be made. The site is physically suitable for the proposed density because the proposed development (TM 21-03) has been

9.2.d
Packet Pg. 113 Attachment: Planning Commission Staff Report, 07-07-22 (3885 : Gurries Drive 4-unit Townhome Development)

11 designed in conformance with the Gilroy 2040 General Plan density allowance and the City’s Zoning Ordinance, Subdivision Ordinance, and Land Development Code.

5. That the design of the proposed subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

There will be no significant environmental impacts as a result of this project which is statutorily exempt from the California Environmental Quality Act (CEQA), pursuant to Public Resources Code section 21083.3 and State CEQA Guidelines section 15183 since the project is consistent with the Gilroy 2040 General Plan and natural resource policies.

6. That the design of the subdivision or type of improvements is likely to cause serious public health problems.

This finding for denial cannot be made. The design of the proposed residential subdivision and the type of proposed residential improvements (TM 21-03) 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.

7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

This finding for denial cannot be made. The design of the proposed Tentative Parcel Map (TM 21-03) will not conflict with any easements identified by the Preliminary Title Report for the site, including but not limited to public use easement, private waterline, private utility, private ingress and egress, private parking and private overland release and incidental purposes.

Architectural and Site Permit Analysis: The project proposes four residential lots, which range in size from approximately 1,879 square feet to approximately 2,250 square feet. Each lot would include construction of a 1,576 square square-foot townhome in addition to the 456 square foot attached garage. The townhomes would have front yard setbacks of at least 20 feet from face of curb, rear yard setbacks of at least 8 feet, and side yard setbacks of at least 5-feet, 10-inches. The townhomes are

9.2.d
Packet Pg. 114 Attachment: Planning Commission Staff Report, 07-07-22 (3885 : Gurries Drive 4-unit Townhome Development)

12 proposed to be 25 feet in height. The application is consistent with the Multi-family Residential Objective Design Standards Policy.

Architectural and Site Permit Findings: Pursuant to staff’s analysis, the following findings can be made in support of a Planning Commission recommendation of approval of the requested Architectural and Site Review Permit (AS 21-14), as conditioned in the attached resolution.

1. The proposed development is permitted and in conformance with the Gilroy Zoning Ordinance development standards including height, parking and landscaping, and other adopted policies of the City of Gilroy. The applicant is requesting a deviation from the required setbacks for the R3 zoning District, as part of their Planned Unit Development application.

2. The proposed development would be consistent with all applicable goals and policies of the Gilroy General Plan in that townhomes are an allowed use pursuant to the General Plan Medium Density land use designation.

3. The proposed development would not impair the integrity and character of the area surrounding and in the vicinity of the subject property given that the project has been designed to comply with the City’s Multi-family Residential Objective Design Standards.

4. The subject site would be served by streets and highways adequate in width and structure to carry the kind and quantity of traffic such use will generate.

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

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

Technical Advisory Committee (TAC): Pursuant to the City policies and zoning requirements, the project was distributed for consideration by various departments and utility agencies including City Engineering, Parks, Building, Police, and Fire as well as Gilroy Unified School District and Valley Water. Recommendations of advisory agencies have been incorporated into the project plans and/or are included as recommended conditions in attached resolution(s).

Noticing: On May 11, 2022, notices of this Planning Commission meeting were mailed to property owners within 500 feet of the subject site, and on May 20, 2022, the project was published in the Gilroy Dispatch. In addition, the Planning Commission public hearing packets are available through the City's webpage.

Appeal Procedure: In accordance with Section 30.51.50 of the Gilroy City Code, the Planning Commission's decision may be appealed, in writing, to the City Council within 20 days of adoption of the resolution. Appeal forms may be obtained from the City Clerk and must be submitted with the appropriate fee before the end of the appeal period.

9.2.d
Packet Pg. 115 Attachment: Planning Commission Staff Report, 07-07-22 (3885 : Gurries Drive 4-unit Townhome Development)

13 Next Steps: The recommendation of the Planning Commission shall be forwarded to City Council within 50 days. Upon City Council approval, the Engineering Department would complete the process of signing and recording the Parcel Map.

Attachments:

1. Location Map

2. Tentative Map

3. Site and Architectural Plans

4. Resolution 2022-XX - Z 21-04 PC resolution

5. Resolution 2022-XX - TM 21-03 PC resolution

6. Resolution 2022-0X - AS 21-14 PC resolution

7. Public Comment, 6-2-22

9.2.d
Packet Pg. 116 Attachment: Planning Commission Staff Report, 07-07-22 (3885 : Gurries Drive 4-unit Townhome Development)

RESOLUTION NO. 2022-08

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

GILROY RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A
PLANNED UNIT DEVELOPMENT ZONING AMENDMENT (Z 21-04) FOR PROPERTY LOCATED ON GURRIES DRIVE (APN: 790-35-038, 039, & 054)

WHEREAS, on July 22, 2021 an application was resubmitted by El Encanto III LLC proposing subdivision of an 8,256 square foot site into four lots, located on Gurries Drive (APN:
790-35-038, 039, & 054) within the City of Gilroy R3 Medium Density Residential zoning district (“Project”); and

WHEREAS, the application was resubmitted on May 11, 2022 and accepted as complete on May 11, 2022; and

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

WHEREAS, the project has been determined to be exempt from the California Environmental Quality Act (CEQA) under a Statutory Exemption pursuant to Public Resources Code section 21083.3 and State CEQA Guidelines section 15183 (Projects Consistent with General Plan, Community Plan or Zoning). Public Resources Code Section 21083.3 allows a lead agency to avoid repeating analyses that were already provided in a certified General Plan EIR and where projects are zoned to accommodate a particular density of development; and

WHEREAS, the Planning Commission held a duly noticed public meeting on July 7, 2022, at which time the Planning Commission received and considered the staff report as well as all evidence received including written and oral public testimony related to the project Z 21-04; and

WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which the project approval is based is the Community Development Department, Planning Division.

WHEREAS, the Planning Commission of the City of Gilroy has determined that the proposed Planned Unit Development design complies with all required Planned Unit Development findings, presented below:

A. “The project conforms to the Gilroy General Plan in terms of general location and standards of development.”: The proposed density is consistent with the Medium Density General Plan land use designation and R-3 zoning designation. This designation is intended primarily for multi-family attached structures (townhomes, condominiums, apartment buildings). Per the General plan, buildings are typically two to three stories tall. “The project provides the type of development that will fill a specific need of the surrounding area.”: The townhome project is consistent with Housing Element Goal H-1 (Housing Production) that strives to provide adequate residential sites to accommodate DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

9.2.e
Packet Pg. 117 Attachment: PC Resolution 2022-08 - Z 21-04 - signed (3885 : Gurries Drive 4-unit Townhome Development)

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Page 2 ends

projected housing needs and encourage the production of a variety of housing types.

B. “The project will not require urban services beyond those that are currently available.”:

All utilities needed to serve the project are located adjacent to the property.

C. “The project provides a harmonious, integrated plan that justifies exceptions, if such are required, to the normal requirements of this ordinance.”: The proposed development proposes reduced setbacks in order to achieve the allowable density and still provide a reasonable unit size (1,576 square feet). The site layout and building design is compatible with the surrounding townhome units. The townhome project is consistent with Housing Element Goal H-1 (Housing Production) to provide adequate residential sites to accommodate projected housing needs and encourage the production of a variety of housing types.

D. “The project reflects an economical and efficient pattern of land uses.”: The project proposes an economical and efficient pattern of land uses by developing the full potential of the allowed density of the medium density land use designation.

E. “The project includes greater provisions for landscaping and open space than would generally be required.”: The private rear yards area are a minimum 230 square feet in area, exceeding the minimum 150 square foot area for R3 properties (City Code section

30.7.5).

F. “The project utilizes aesthetic design principles to create attractive buildings and open space areas that blend with the character of surrounding areas.”: In keeping with the existing surrounding development, the units have been designed with multiple wall planes, varying roof lines, and two (2) different exterior materials (lap siding and board and batt). Entry porches are stepped back from the façade of the building.

G. “Not create traffic congestion, noise, odor, or other adverse effect on surrounding areas.”: The infill project is designed in a consistent manner with the surrounding properties so as not to create any traffic congestion, noise, odor, or other adverse effect on surrounding areas.

H. “The project provides adequate access, parking, landscaping, trash areas and storage, as necessary.”: The project provides adequate access from Gurries Drive and each unit provides a 2-car garage in addition to driveway parking. The property shares guest parking (lot to the west) with the development to the north and east, consistent with City Code. The applicant has requested a “Will Serve” letter from Recology, the City’s waste hauler.

DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

9.2.e
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy hereby recommends to the City Council approval of application Z 21-04 for a Planned Unit Development Zoning Amendment.

PASSED AND ADOPTED this 7th day of July, 2022 by the following roll call vote:

AYES: Bhandal, Doyle, Elle, Kushner, Leongardt, Moreno

NOES: None

ABSENT: None

ABSTAIN: Lewis

_________________________________ __________________________________ Jon Biggs, Secretary Many Bandhal, Chairperson

DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135 7/14/20227/14/2022

9.2.e
Packet Pg. 119 Attachment: PC Resolution 2022-08 - Z 21-04 - signed (3885 : Gurries Drive 4-unit Townhome Development)

1 RESOLUTION NO. 2022-09

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY

RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A TENTATIVE MAP TO ADJUST THE LOT LINES AND SUBDIVIDE THREE (3) PARCELS ON GURRIES DRIVE (APN: 790-35-038, 039, & 054) INTO A TOTAL OF FOUR (4) PARCELS (FILE NUMBER TM 21-03)

WHEREAS, on July 22, 2021 an application was resubmitted by El Encanto III LLC proposing subdivision of a 8,256 square foot site into four lots, located on Gurries Drive (APN: 790- 35-038, 039, & 054) within the City of Gilroy R3 Medium Density Residential zoning district (“Project”); and

WHEREAS, the application was resubmitted on May 11, 2022 and accepted as complete on May 11, 2022; and

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy hereby finds that the proposed Tentative Parcel Map (TM 21-03), is consistent with the intent of the goals and policies of the Gilroy 2040 General Plan; and

NOW, THEREFORE, BE IT FURTHER RESOLVED THAT in order to recommend denial of the proposed Tentative Parcel Map, the Planning Commission would have to make one of the seven listed findings described in Government Code Section 66474 based upon substantial evidence in the record. The seven findings are listed below, along with an explanation for each one as to why the Commission cannot make the finding:

DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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1. That the proposed subdivision is not consistent with applicable general and specific plans as specified in Section 65451.

2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

This finding for denial cannot be made. The design or improvement of the proposed subdivision (TM 21-03) is generally consistent with the goals of the Gilroy 2040 General Plan and no Specific Plan applies to this property or proposed development. The design of the proposed subdivision (TM 21-03) is also consistent with the Gilroy Mixed-use Residential and Multi-family Residential Objective Design Standards Policy.

3. That the site is not physically suitable for the type of development.

4. That the site is not physically suitable for the proposed density of development.

This finding for denial cannot be made. The site is physically suitable for the proposed density because the proposed development (TM 21-03) has been designed in conformance with the Gilroy 2040 General Plan density allowance and the City’s Zoning Ordinance, Subdivision Ordinance, and Land Development Code.

This finding for denial cannot be made. The design of the subdivision and the proposed improvements (TM 21-03) 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. There will be no significant environmental impacts as a result of this project which is statutorily exempt from the California Environmental Quality Act (CEQA), pursuant to Public Resources Code section 21083.3 and State CEQA Guidelines section 15183 since the project is consistent with the Gilroy 2040 General Plan and natural resource policies.

DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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6. That the design of the subdivision or type of improvements is likely to cause serious public health problems.

7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection sh all 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.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Gilroy hereby recommends to the City Council the approval of application TM 21-03, subject to the Conditions of approval attached hereto as Exhibit A.

PASSED AND ADOPTED this 7th day of July, 2022 by the following roll call vote:

AYES: Bhandal, Doyle, Elle, Kushner, Leongardt, Moreno

NOES: None

ABSENT: None

ABSTAIN: Lewis

ATTEST: APPROVED:

_________________________________ __________________________________ Jon Biggs, Secretary Many Bandhal, Chairperson
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135 7/14/20227/14/2022

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EXHIBIT A

CONDITIONS OF APPROVAL
TM 21-03

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

1. APPROVED PROJECT: The approval for Tentative Parcel Map TM 21-03 is granted to adjust the lot lines and subdivide three (3) parcels on Gurries Drive (APN: 790-35-038, 039, & 054) into a total of four (4) parcels within the City of Gilroy R3 Medium Density Residential zoning district as shown on the Parcel Map prepared by HANNA-BRUNETTI for El Encanto III LLC, consisting of one (1) sheet, dated November 2021 and received by the Planning Division on February 11, 2022.

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

2. COMPLIANCE WITH CONDITIONS: If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to permit revocation or enforcement actions pursuant to the City Code. All costs associated with any such actions shall be the responsibility of Developer, owner or tenant.

3. INDEMNIFICATION: Developer agrees, as a condition of permit approval, at Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy (“the City”) and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against the City or its officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process.

4. SIGNS: No signs are approved as part of this application. Prior to issuance of a sign permit for this site, Developer shall propose well-designed, quality signs that comply with the allowances of the City Code and are to the satisfaction of the Community Development DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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Director or designee.

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

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

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

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

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

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

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

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

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

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

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 DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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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.”

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

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

a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day; b. All haul trucks transporting soil, sand, or other loose material onsite or offsite shall be covered;
c. All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited;
d. All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles per hour;
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used;
f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points;
g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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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.”

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

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

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

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

“If archaeological or cultural resources are discovered during earth-moving, grading, or construction activities, all work shall be halted within at least 50 meters (165 feet) of the find and the area shall be staked off immediately. The monitoring professional archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring professional archaeologist is not onsite, the City shall be notified DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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immediately and a qualified professional archaeologist shall be retained (at Developer’s expense) to evaluate the find and report to the City. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party.”

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

“If human remains are found during earth-moving, grading, or construction activities, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.”

PUBLIC WORKS CONDITIONS OF APPROVAL
The following conditions authorize the specific terms and are a part of the project ENTITLEMENT(S); and which shall be addressed on the construction plans submitted for any BUILDING PERMIT, GRADING PERMIT or SUPERSTRUCTURE, and shall be satisfied prior to issuance of whichever permit is issued first, or if another deadline is specified in a condition, at that time.

16. PAYMENT OF PUBLIC WORKS PLAN CHECK AND INSPECTION FEE: At the time of first improvement plan submittal, the applicant shall submit a $10,000 (Ten Thousand Dollar) initial deposit for project plan check and construction inspection. This deposit will be DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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credited/accounted toward final plan check and inspection fee for the project. In addition, the applicant shall submit a detailed project cost estimate prepared by the project engineer, to approval of the City Engineer, with the initial project plan submittal. The cost estimate shall be broken out into on-site and off-site improvements. Prior to plan approval, the applicant shall pay 100% of the plan check and inspection fee based on the approved project cost estimate.

Public Works will not sign-off on the issuance of the project building permit without full payment of this plan check and inspection fee. (PUBLIC WORKS).

17. PLAN SUBMITTAL: The Engineering project plans shall be submitted, in full, with the building permit plans. Improvement plans are required for both on-site and off- site improvements, and the improvement plan set cover sheet shall include an index referencing on- site and off-site improvements. All improvements shall be designed and constructed in accordance with the City of Gilroy Municipal Code and Standard Specifications and Details and are subject to all laws of the City of Gilroy by reference. The improvement plans shall include all improvements per the Public Works Site Improvement Plan Checklist. (PUBLIC WORKS).

18. UTILITY PLANS: A utility plan shall be provided for all projects as specified within these conditions of approval. To ensure coordination between the applicant and the relevant utility company:
a. The applicant shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground). b. The applicant shall negotiate any necessary right-of-way or easement with PG&E, or any other utilities, subject to the review and approval by the Engineering Division and the utility companies.
c. A “Will Serve Letter” shall be provided for each utility company expected to service the subdivision. Early coordination with the utility companies is necessary to obtain this letter. Coordination of City utilities shall be through the Engineering Division.

A note shall be placed on the joint trench composite plans which states that the plan agrees with City Codes and Standards and that no underground utility conflict exists. (PUBLIC WORKS)

19. UTILITY RESPONSIBILITIES: Storm and sewer utilities in private areas shall be privately owned and privately maintained. The water system in Gilroy is owned and maintained by the City. Conversely, public utilities within utility easements on private property remain the responsibility of the individual utility companies to maintain. The plans shall note the inspection, ownership and maintenance responsibility for each utility shown on the plans within a Table of Responsibilities on the project cover sheet of the improvement plans submitted with DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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the initial plan submittal. The table shall include the list of streets, the responsible party for inspection of the improvements, who is responsible for the ownership of the utility, and who is responsible for the maintenance of the utility. An example of this table, including the types of utilities to be listed, can be provided by the Engineering Division upon request. (PUBLIC WORKS)

20. PREPARATION OF ELECTRICAL PLANS: The project electrical plans shall be prepared by a registered professional engineer experienced in preparing these types of plans. The applicant shall submit, with the improvement plans submitted with the initial plan submittal, a letter from the design Electrical or Civil Engineer that states the electrical plan conform to City Codes and Standards, and to the approved improvement plans. The letter shall be signed and stamped by the professional engineer that prepares the improvement plans. (PUBLIC WORKS)

21. EXISTING FACILITIES PROTECTION: All existing public utilities shall be protected in place and if necessary, relocated as approved by the City Engineer. No permanent structure is permitted within City easements without the approval of the City of Gilroy. (PUBLIC WORKS)

22. STORMWATER QUALITY: Project design shall comply with the Stormwater Management Guidance Manual for Low Impact Development & Post-Construction Requirements. The applicant shall submit the Source Control Checklist as well as the appropriate Performance Requirements Checklist found in Appendix A of the manual at the time of the initial submittal for building permit. The manual can be found at the following site:
www.cityofgilroy.org/261/Storm-Water-Management
(PUBLIC WORKS)

23. DEVELOPER STORMWATER QUALITY RESPONSIBILITY: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and implement such measures. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations, or a project stop order. (PUBLIC WORKS)

24. BEST MANAGEMENT PRACTICES (BMP): The applicant shall perform all construction activities in accordance with Gilroy Municipal Code Section 27C, Municipal Storm Water Quality Protection and Discharge Controls, and Section E.10, Construction Site Storm Water Run-Off Control Program of the Regional NPDES Permit. Detailed information can be located at: www.flowstobay.org/documents/business/construction/SWPPP.pdf . This sheet shall be printed and included in all building construction plan sets permitted for construction in the City of Gilroy. (PUBLIC WORKS)

25. FIRE DEPARTMENT HYDRANT FLOW TEST: The applicant shall perform a Fire Hydrant flow test to confirm the water system will adequately serve the development and will modify any part of the systems that does not perform to the standards established by the City.

Applicant shall coordinate with Fire Department for the Fire Hydrant flow test. The flow test results shall be submitted with the initial plan submittal. (PUBLIC WORKS) DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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26. WATER CONSERVATION: The project shall fully comply with the measures required by the City’s Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments to meet the requirements imposed by the State of California’s Water Board. This ordinance established permanent voluntary water saving measures and temporary conservation standards. (PUBLIC WORKS)

27. PROJECT STUDIES: The applicant shall submit, for City approval, any applicable water, sewer, storm drain or traffic studies for the development deemed appropriate by the City Engineer. These studies shall provide the supporting hydraulic calculation for pipe sizing per the City Standard Design Guidelines. The study shall be reviewed and approved by Engineering. If the results of the study indicate that this development contributes to the over- capacity of the trunk line, the applicant will be required to mitigate the impact by removing and replacing, or upsizing of the existing utilities to accommodate the appropriate level of project flows to the approval of the City Engineer. The improvements shall be addressed on the construction drawings, to the approval of the City Engineer, prior to the issuance of the first building permit. (PUBLIC WORKS)

28. MASTER PLAN COMPLIANCE: The project shall comply with all City Master Plans to the approval of the City Engineer. Street improvements, all street sections, the design of all off-site storm drainage facilities, sewer and water lines shall be in accordance with City Standards and shall follow the most current City Master Plan as approved by the City Engineer.

Improvements deemed necessary by the City Engineer shall be shown on the project improvement plans. (PUBLIC WORKS)

29. IMPACT FEES: The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. The City’s latest impact fee schedule is available on the City’s website. Payment of all Impact Fees is required at first building permit issuance. Fees shall be based on the current fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy. Note that impact fees increase at the beginning of each fiscal year, July 1. Specific fee language is provided further in these conditions of approval. (PUBLIC WORKS)

30. STORMWATER MANAGEMENT PLAN: At first improvement plan submittal, the applicant shall submit a Storm Water Management Plan (SWMP) prepared by a registered Civil Engineer. The SWMP shall analyze the existing and ultimate conditions and facilities, and the study shall include all off-site tributary areas. Study and the design shall be in compliance with the City’s Stormwater Management Guidance Manual (latest edition). Existing off-site drainage patterns, i.e., tributary areas, drainage amount, and velocity shall not be altered by the development. The plan shall be to the approval of the City Engineer and shall be approved prior to the issuance of the building permit. (PUBLIC WORKS)

31. REPAIR OF PUBLIC IMPROVEMENTS: The applicant shall repair or replace all existing improvements not designated for removal, and all new improvements that are damaged during DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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construction or removed because of the applicant’s operations. The applicant shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. Said repairs shall be completed prior to the first occupancy of the project. (PUBLIC WORKS)

32. TRIANGULAR AREA OF VISIBILITY : Landscaping and permanent structures located within the 10' triangular area of visibility at the driveway, and 45’ triangular area of visibility at any project corner, shall have a minimum vertical clearance of 9’, and/or be less than 2’ in height. This includes all PG&E above ground structures and other utility facilities. The sight triangle shall be shown on the site civil plans, to the approval of the City Engineer, to demonstrate this condition. (PUBLIC WORKS)

33. DRIVEWAY DESIGN: Driveway grades shall be designed to keep a standard design vehicle from dragging or “bottoming out” on the street or driveway, and to keep water collected in the street from flowing onto the lots. The details of such design shall be provided on the site civil plans to the satisfaction of the City Engineer. (PUBLIC WORKS)

34. GRADING & DRAINAGE: All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. There shall be no earthwork disturbance or grading activities between October 15th and April 15th unless otherwise approved by the City Engineer.

If approved, the applicant shall submit a Winterization Erosion Control Plan to the City Engineer for review and approval. This plan shall incorporate erosion control devices and other techniques in accordance with Gilroy Municipal Code § 27C to minimize erosion. Specific measures to control sediment runoff, construction pollution and other potential construction contamination sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on-site while the project is under construction. A Notice of Intent (NOI) shall be filed with the State Water Resources Control Board, with a copy provided to the Engineering Division before a grading permit will be issued.

A project WDID# shall be added to the grading plans prior to plan approval. (PUBLIC WORKS)

35. GEOTECHNICAL ENGINEER: Prior to building permit issuance, the applicant’s Geotechnical Engineer shall review the final grading, pavement design and drainage plans to ensure that said designs are in accordance with the recommendations or the project geotechnical study, and the peer review comments. The applicant’s Geotechnical Engineer’s approval shall then be conveyed to the City either by letter, or by signing the plans.

All grading operations and soil compaction activities shall be per the approved project’s design level geotechnical report. All grading activities shall be conducted under the observation of, and tested by, a licensed geotechnical engineer. A report shall be filed with the City of Gilroy for each phase of construction, stating that all grading activities were performed in conformance with the requirements of the project’s geotechnical report. The applicant shall add this DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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condition to the general notes on the grading plan.

Certification of grades and compaction are required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan. (PUBLIC WORKS)

36. ENCROACHMENT PERMITS, BONDS, AND INSURANCE: The applicant must obtain an encroachment permit, posting the required bonds and insurance, and provide a one (1) year warranty for all work to be done in the City's right-of-way or City easement. This encroachment permit shall be obtained prior to the issuance of a foundation building permit and prior to any work being done in the City's right-of-way. All existing public utilities shall be protected in place and if necessary relocated as approved by the City Engineer. No permanent structures are permitted within the City right-of-way, or within any City easement unless otherwise approved by the City Engineer. The applicant shall have street improvement plans prepared for all work in the public right-of-way by a licensed civil engineer, whose signed engineer’s stamp shall appear on the plans. Prior to issuance of the encroachment permit, the applicant shall submit any applicable pedestrian or traffic control plans for any lane or sidewalk closures. The traffic control plan shall comply with the State of California Manual of Uniform Traffic Control Devices (MUTCD), and standard construction practices. [(For major street improvements) Construction plans for improvements in the right-of-way shall be submitted to the City Engineer at 30%, 60%, and 90% design for review. All design assumptions and criteria shall be submitted with each phase of design submittal. Project specifications shall be included for review with the 90% design review.]
Final construction plans and specifications shall be approved by the City Engineer, and released for construction, prior to the issuance of the encroachment permit. The applicant is required to confirm the location of existing utility lines along the project frontage by potholing. Prior to any potholing, applicant shall submit a pothole plan for City review and approval. Applicant shall provide the pothole result to the City Engineer prior to final design. Right-of-way improvements shall include, at a minimum, the following items: (PUBLIC WORKS)

a. STREET MARKINGS: The applicant shall install necessary street markings of a material and design approved by the City Engineer and replace any that are damaged during construction. These include but are not limited to all pavement markings, painted curbs and handicap markings. All permanent pavement markings shall be thermoplastic and comply with Caltrans Standards. Color and location of painted curbs shall be shown on the plans and are subject to approval by the City Engineer. Any existing painted curb or pavement markings no longer required shall be removed by grinding if thermoplastic, or sand blasting if in paint.

b. SIDEWALK: The applicant shall replace to existing City standards all sidewalk surrounding the project site. The actual amount of sidewalk to be replaced shall be DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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determined by the Public Works Construction Inspector in the field prior to construction. Sidewalk replacement shall be constructed per the City Standard Drawings.

c. CURB AND GUTTER: The applicant shall replace to existing City standards all curb and gutter surrounding the project site. The actual amount of curb and gutter to be replaced shall be determined by the Public Works Construction Inspector in the field prior to construction. New curb and gutter shall be constructed per the City Standard Drawing STR-12.

d. DRIVEWAY APPROACHES: The applicant shall install City Standard Residential driveway approaches as shown on the approved plans. The new residential driveway approach shall be constructed per the City Standard Drawing.

e. SEWER LATERAL:
i. The applicant shall install as a minimum a six (6) inch City Standard sewer lateral connection from the property line to the sewer main located in the street right-of-way. The installation shall be done in accordance with the City Standard Drawing SWR-6 including a 6" property line clean-out.

f. SEWER CLEAN-OUT: The applicant shall install a sewer lateral clean-out behind the public service easement in accordance with the City Standard Drawing SWR-6.

g. SEPARATE WATER SERVICES: The applicant shall provide separate water services for residential and irrigation use of the project. These separate services shall be clearly identified on the plans.

h. SANITARY (STORM) SEWER MANHOLE(S): The applicant shall install standard sanitary sewer manholes per approved plans and in accordance with the City Standard Drawing.

i. STORM WATER CATCH BASIN(S): The applicant shall install standard storm water catch basins per approved plans and in accordance with the City Standard Drawing.

SIDEWALK UNDERDRAIN(S): The applicant shall install standard sidewalk underdrains in accordance with the City Standard Drawing STR-19.

37. UTILITIES: All new services to the development shall be "underground service" designed and DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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installed in accordance with the Pacific Gas and Electric Company, AT&T (phone) Company and local cable company regulations. Transformers and switch gear cabinets shall be placed underground unless otherwise approved by the Planning Director and the City Engineer.

Underground utility plans must be submitted to the City prior to installation. (PUBLIC WORKS)

38. EXTERIOR SITE LIGHTING STANDARDS: The applicant shall submit a photometric plan for on-site lighting showing lighting levels to Illuminating Engineering Society (IES) Standards. The plan shall comply with the requirement of an average of 1 foot-candle with a 4:1 minimum to average ratio and a minimum lighting of 0.3 foot-candle. This lighting standard is applicable to all publicly-accessibly parking lots, driveways, circulation areas, aisles, passageways, recesses, and publicly accessible grounds contiguous to all buildings. Private, interior courtyards not accessible to the public are not required to meet this standard. The lighting system shall be so designed as to limit light spill beyond property lines and to shield the light source from view from off site. The photometric plan shall be approved by the City Engineer or their designee and shall be addressed on the construction plans submitted for any demolition permit, building permit, or grading permit and shall be satisfied prior to issuance of whichever permit is issued first. Any subsequent building permits that include any site lighting shall also meet these requirements. (PUBLIC WORKS)

39. STORM DRAIN INLETS AND WATERWAYS: Per the City’s Clean Water Program’s requirements, the applicant shall mark with the words “No Dumping! Flows to Bay,” or equivalent, using methods approved by the City standards on all storm inlets surrounding and within the project parcel. Furthermore, storm drains shall be designed to serve exclusively stormwater. Dual-purpose storm drains that switch to sanitary sewer are not permitted in the City of Gilroy. (PUBLIC WORKS)

40. SITE LANDSCAPING COORDINATION: The site landscaping needs to be coordinated between the stormwater treatment area and the overall site landscaping plan area. The landscaping within the stormwater treatment area will not count towards the site landscaping requirement. Stormwater treatment areas should be identified on the site first, and then site landscaping to make sure the correct plant material is identified for each area. Some site landscaping plant material may not be suitable in stormwater treatment areas due to the nature of the facility. Sewer facilities cannot be aligned through stormwater treatment facilities. It is the applicant’s responsibility to coordinate the civil stormwater treatment facilities and the plans from the project landscaper. (PUBLIC WORKS)

41. ADDRESS PLAN: The applicant shall submit to the Public Works Department a final address plan. The plan shall be substantially in conformance with the address plan approved with the Arch & Site application. Said submittal shall be approved by the City Engineer prior to the submittal of plans for any demolition permit, building permit, or site development permit and shall be satisfied prior to issuance of whichever permit is issued first. (PUBLIC WORKS) DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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42. STREET TREE DEVELOPMENT IMPACT FEE: The applicant shall pay a fee to prove funding towards additional tree planting in the City. The fee is based on the amount of added hardscape the project is adding. The estimated impact fee, based on the approved plans, is $400.00 (Four-Hundred Dollars). This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS)

43. STORM DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional to the project's share of storm drainage flowing off-site and shall be used to enhance the City’s storm drainage system based on the recommendations of the adopted Storm Drainage Master Plan.

The estimated impact fee, based on the approved plans, is $174.00 (One-Hundred Seventy- Four). This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS)

44. SANITARY SEWER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional to the project’s share of the increase amount of sewage generated by the project, which shall be used to enhance the City’s sewer system based on the adopted Sewer Master Plan. The estimated impact fee, based on the approved plans, is $27,868 (Twenty-Seven Thousand Eight-Hundred Sixty-Eight). This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. At first improvement plan submittal, applicant’s engineer shall submit a calculation for sanitary sewer and water generation per the City’s Master Plan design criteria. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS)

45. WATER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional to the project's share of impact to the City’s water system, and the water needs of the development.

The fee shall be used to fund improvements identified in the City’s Water Master Plan. The estimated impact fee, based on the approved plans, is $7,156 (Seven-Thousand One-Hundred Fifty-Six). This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. At first improvement plan submittal, applicant’s engineer shall submit a calculation for water generation per the City’s Master Plan design criteria. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS)

46. TRANSPORTATION IMPROVEMENT FEE: The applicant shall pay a fee proportional to the project's share of transportation improvements needed to serve cumulative development DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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within the City of Gilroy. The funds shall be used to fund improvements identified in the City Traffic Circulation Master Plan. The estimated impact fee, based on the approved plans, is $40,964 (Forty Thousand Nine-Hundred Sixty-Four) . This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS)

47. PUBLIC FACILITIES IMPACT FEE: The applicant shall pay a fee proportional to the project’s share of the increase to the use of City Public facilities. The estimated impact fee, based on the approved plans, is $73,896 (Seventy-Three Thousand Eight-Hundred Ninety-Six).

This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS)

48. CONSTRUCTION NOTICING: At least one week prior to commencement of any on or off- site work, the applicant shall post at the site, and to property owners within (300') three hundred feet of the exterior boundary of the project site a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. Noticing shall be in both English and Spanish. The notice shall be submitted for review to the approval of the City Engineer two weeks prior to the issuance of the building permit. (PUBLIC WORKS)

49. DRAIN BOX LOCATIONS: The proposed drain boxes are shown to be located in within the public utility easement (PUE). Public easements and right of ways to be kept clear of private structures. Relocate the proposed drain boxes out of the PUE. (PUBLIC WORKS)

50. SAWCUT LINES: The Grading and Drainage plans do not show the proposed sawcut lines for the proposed water services connections to the existing water main along the project frontage.

Show all sawcut lines for the required work in the paved areas of the public right of way. (PUBLIC WORKS)

51. PAVEMENT IN RIGHT OF WAY: The landscaping and grading and drainage plans show a 2-foot wide landscape strip behind the proposed sidewalk to the public right of way. Extend the concrete pavement up to the existing right of way boundary. (PUBLIC WORKS) The following conditions shall be met prior to the approval of the PARCEL MAP.

52. PARCEL MAP: It shall be the applicant's responsibility to have a parcel map, prepared by a DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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person authorized to practice land surveying in California, delineating all parcels created or deleted and all changes in lot lines in conformance with the Gilroy Municipal Code. The parcel map shall be approved by the Department of Public Works and recorded with the County Recorder’s Office prior to the issuance of any City permits. A parcel map guarantee shall be submitted to the City, by the applicant’s title company, prior to release of the parcel map to the title company for recordation. Prior to the City’s release of the parcel map to the title company, the applicant may, at the discretion of the City Engineer, be required to submit to the City an electronic copy of the map in the AutoCAD Version being used by the City at the time of recordation. It is the applicant's responsibility to check with their title company and the County Recorder’s Office to determine the time necessary to have the map recorded after City approval. (PUBLIC WORKS)

53. COVANANTS, CONDITIONS & RESTRICTIONS (CC&R): The applicant shall prepare project Covenants, Conditions and Restrictions (CC&R) for the project. The CC&Rs shall be submitted with the project map for review and approval of the City Engineer, the City Attorney, and the Planning Manager. The CC&Rs shall include relevant project Conditions of Approval and shall include language that restricts the Homeowner’s Association from making changes to the CC&Rs without first obtaining approval from the City. The CC&Rs shall be reviewed and approved prior to permit issuance. (PUBLIC WORKS)

54. RECORD DRAWINGS: The applicant shall submit one full set of original record drawings and construction specifications for all off-site improvements to the Department of Public Works. All underground facilities shall be shown on the record drawings as constructed in the field. The applicant shall also provide the City with an electronic copy of the record drawings in the AutoCAD Version being used by the City at the time of completion of the work. The applicant shall also submit an AutoCAD drawing file of all consultants composite base map linework showing all public improvements and utility layouts. This condition shall be met prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first. (PUBLIC WORKS)

55. PAVEMENT RESTORATION: Due to construction activities, new utility cuts along the project frontage, and the anticipated project’s truck traffic the applicant shall grind and overlay with 2-inches of asphalt concrete the roadways anticipated to be damaged as a result of construction activities within the general area of the project or along the designated haul route.

If the street abutting the property has been classified as being in a failed condition or a Pavement Condition Index (PCI) of 50 or below, the applicant will be required to reconstruct the street. Limits of the roadway repair shall be from the west property line to the east property line. The City Engineer shall approve the roadway repair prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first. (PUBLIC WORKS) The following conditions shall be complied with AT ALL TIMES DURING THE CONSTRUCTION PHASE OF THE PROJECT, or if another deadline is specified in a condition, at that time.

DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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56. PUBLIC WORKS CONSTRUCTION ACTIVITIES: The City shall be notified at least ten (10) working days prior to the start of any construction work, and at that time the contractor shall provide a project construction and phasing schedule, and a 24-hour emergency telephone number list. The schedule shall be in Microsoft Project, or an approved equal, and shall identify the scheduled critical path for the installation of improvements to the approval of the City Engineer. The schedule shall be updated weekly. The approved construction and phasing schedule shall be shared with Gilroy Unified School District (GUSD) to avoid traffic impacts to surrounding school functions. An approved construction information handout(s) shall also be provided to GUSD to share with school parents. (PUBLIC WORKS)

a. All work shown on the improvement plans shall be inspected to the approval of the City Engineer as applicable. Uninspected work shall be removed as deemed appropriate by the City Engineer.

b. Construction activities related to the issuance of any Public Works permit shall be restricted to the weekday between 7:00 a.m. and 7:00 p.m., Saturday 9:00 a.m. to 7:00 p.m. for general construction activities. No work shall be done on Sundays and on City Holidays unless otherwise approved by the City Engineer. Please note that no work shall be allowed to take place within the City right-of-way after 5:00 p.m.

Monday through Friday. In addition, no work being done under the issuance of a Public Works encroachment permit may be performed on the weekend unless prior approvals have been granted by Public Works. The City Engineer may apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. Signs outlining the project construction times shall be posted at conspicuous locations on site where it is visible to the public. The signs shall be per the City Standard Drawing for posting construction hours. The sign shall be kept free of graffiti at all times. Contact the Public Works Department to obtain sample City Standard sign outlining hours of operation.

c. The allowed hours of Public Works construction activities may be waived or modified through an exemption, for limited periods, if the City Engineer finds that the following criteria are met:

i. Permitting extended hours of construction will decrease the total time needed to complete the project thus mitigating the total amount of noise associated with the project as a whole; or,

ii. Permitting extended hours of construction are required to accommodate design or engineering requirements, such as a large concrete pour. Such a need would be determined by the project's design engineer and require approval of the City Engineer.

DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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iii. An emergency situation exists where the construction work is necessary to correct an unsafe or dangerous condition resulting in obvious and eminent peril to public health and safety. If such a condition exists, the City may waive any of the remaining requirements outlined below.

iv. The exemption will not conflict with any other condition of approval required by the City to mitigate significant impacts.

v. The contractor or owner of the property will notify residential and commercial occupants of property adjacent to the construction site of the hours of construction activity which may impact the area. This notification must be provided three days prior to the start of the extended construction activity.

vi. The approved hours of construction activity will be posted at the construction site in a place and manner that can be easily viewed by any interested member of the public.

vii. The City Engineer may revoke the exemption at any time if the contractor or owner of the property fails to abide by the conditions of exemption or if it is determined that the peace, comfort and tranquility of the occupants of adjacent residential or commercial properties are impaired because of the location and nature of the construction. The waiver application must be submitted to the Public Works Construction Inspector ten (10) working days prior to the requested date of waiver.

d. The following provision to control traffic congestion, noise, and dust shall be followed during site excavation, grading and construction:

i. All construction vehicles should be properly maintained and equipped with exhaust mufflers that meet State standards.

ii. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible.

iii. Further, water trucks shall be present and in use at the construction site.

All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project.

DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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iv. Watering on public streets and wash down of dirt and debris into storm drain systems will not be allowed. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Construction Inspector, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust.

Recycled water shall be used for construction watering to manage dust control where possible, as determined by the City Engineer. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District’s municipal industrial rate. Where recycled water is not available potable water shall be used. All potable construction water from fire hydrants shall be metered and billed at the current portable fire hydrant meter rate.

v. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Construction Inspector.

vi. Construction grading activity shall be discontinued in wind conditions that in the opinion of the Public Works Construction Inspector cause excessive neighborhood dust problems.

vii. Site dirt shall not be tracked into the public right-of-way, and shall be cleaned immediately if done, or the project may risk being shut down. Mud, silt, concrete and other construction debris shall not be washed into the City’s storm drains.

viii. Construction activities shall be scheduled so that paving and foundation placement begin immediately upon completion of grading operation.

ix. All aggregate materials transported to and from the site shall be covered in accordance with Section 23114 of the California Vehicle Code during transit to and from the site.

x. Prior to issuance of any permit, the applicant shall submit any applicable pedestrian or traffic detour plans, to the satisfaction of the City Engineer, for any lane or sidewalk closures. The traffic control plan shall be prepared by a licensed professional engineer with experience in preparing such plans. The Traffic Control Plan shall be prepared by a licensed engineer in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD) and standard construction practices. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right-of-way.

DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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xi. During construction, the applicant shall make accessible any or all City utilities as directed by the City Engineer.

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

57. HERITAGE TREE PROTECTION MEASURES: (use the following condition for projects with Heritage Trees that require protection) The applicant shall submit a tree protection plan showing how all on and off-site heritage trees will be protected during construction. All approved and installed Heritage Tree protection measures shall be installed prior to any site activities and maintained throughout the period of construction. The Project Arborist shall complete inspections on an as-need basis during the construction period and shall submit a monthly report of his/her findings in a letter sent by fax or email to the City Planner assigned to this project. (PUBLIC WORKS)

58. HOLIDAY CONSTRUCTION MORATORIUM: Due to concerns for businesses within the vicinity of the Gilroy Outlets and within the Downtown area during the holiday season (November 20 to January 1), there shall be no construction activities within the right-of-way which would create lane closures, eliminate parking, create pedestrian detours, or other activities that may create a major disturbance as determined by the City Engineer. This prohibition shall apply to Leavesley Road east of US101, and Camino Arroyo in the vicinity of the Gilroy Outlets. For the Downtown, the prohibition shall be along Monterey Road between 4th Street and 8th Street, and for one block east and west of Monterey in the specified restricted zone. (PUBLIC WORKS)

59. MATERIAL HAULING ROUTE AND PERMIT: For material delivery vehicles equal to, or larger than two-axle, six-tire single unit truck (SU) size or larger as defined by FHWA Standards, the applicant shall submit a truck hauling route and receive a haul permit that conforms to City of Gilroy Standards to the approval of the City Engineer. Note that the City requires a Haul Permit be issued for any hauling activities. The project sponsor shall require contractors to prohibit trucks from using “compression release engine brakes” on residential streets. The proposed haul route for this project shall be established prior to building permit issuance. A letter from the applicant confirming the intention to use this hauling route shall be submitted to the Department of Public Works, and approved, prior to the issuance of any City permits. All material hauling activities including but not limited to, adherence to the approved route, hours of operation, staging of materials, dust control and street maintenance shall be the responsibility of the applicant. All storage and office trailers will be kept off the public right- of-way. Tracking of dirt onto City streets and walks will not be allowed. The applicant must provide an approved method of cleaning tires and trimming loads on-site. Any job-related dirt and/or debris that impacts the public right-of-way shall be removed immediately. No wash down of dirt into storm drains will be allowed. All material hauling activities shall be done in DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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accordance with applicable City ordinances and conditions of approval. Mud, silt, concrete and other construction debris shall not be washed into the City’s storm drains. Violation of such may be cause for suspension of work. (PUBLIC WORKS)

60. CONSTRUCTION WORKER PARKING: The applicant shall provide a construction- parking plan that minimizes the effect of construction worker parking in the neighborhood and shall include an estimate of the number of workers that will be present on the site during the various phases of construction and indicate where sufficient off-street parking will be utilized and identify any locations for off-site material deliveries. Said plan shall be approved by the City Engineer prior to issuance of City permits and shall be complied with at all times during construction. Failure to enforce the parking plan may result in suspension of the City permits.

No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the City Engineer (§15.40.070). (PUBLIC WORKS)

61. SITE WATER DISCHARGE: In accordance with the City’s Municipal Code, Prohibition of Illegal Discharges (Gilroy Municipal Code Section 27C.7), the City Engineer may approve the discharge of uncontaminated pumped ground waters to the sanitary sewer only when such source is deemed unacceptable by State and Federal authorities for discharge to surface waters of the United States, whether pretreated or untreated, and for which no reasonable alternative method of disposal is available. Following the verification of the applicable local, state and/or federal approvals, a Discharge Plan will be approved and monitored by the City Engineer. (PUBLIC WORKS)

62. ARCHITECTURAL COPPER: Per Gilroy Municipal Code Section 27C.7 Prohibition of Illegal Discharges, the applicant shall follow the specific best management practices for the installation of the Architectural Copper. For detailed information please distribute the flyer to all construction personnel involved in the fabrication and installation of the Architectural Copper that is located at:
http://flowstobay.org/files/newdevelopment/flyersfactsheets/ArchitecturalcopperBMPs.pdf (PUBLIC WORKS)
The following conditions shall be complied with AT ALL TIMES that the use permitted by this entitlement occupies the premises

63. accordance with Gilroy Municipal Code Chapter 27D Post Construction Storm Water Pollution Prevention all projects that meet the criteria described in the Storm Water Guidance Manual for Low Impact Development and Post-Construction Requirements shall prepare a storm water control plan (SWCP) and shall meet the requirements of the design standards and selection of best management practices and shall be selected and designed to the satisfaction of the City Engineer or designee. Requirements shall include:

a. Owner/occupant shall inspect private storm drain facilities at least two (2) times per year DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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and sweep parking lots immediately prior to and once during the storm season. b. The applicant shall be charged the cost of abatement for issues associated with, but not limited to, inspection of the private storm drain facilities, emergency maintenance needed to protect public health or watercourses, and facility replacement or repair in the event that the treatment facility is no longer able to meet performance standards or has deteriorated. Any abatement activity performed on the applicant’s property by City staff will be charged to the applicant at the City’s adopted hourly rate. c. Label new and redeveloped storm drain inlets with the phrase “No Dumping: Drains to Bay” plaques to alert the public to the destination of storm water and to prevent direct discharge of pollutants into the storm drain. Template ordering information is available at www.flowstobay.org .
d. All process equipment, oils fuels, solvents, coolants, fertilizers, pesticides, and similar chemical products, as well as petroleum-based wastes, tallow, and grease planned for storage outdoors shall be stored in covered containers at all times. e. All public outdoor spaces and trails shall include installation and upkeep of dog waste stations.

Garbage and recycling receptacles and bins shall be designed and maintained with permanent covers to prevent exposure of trash to rain. Trash enclosure drains shall be connected to the sanitary sewer system. (PUBLIC WORKS)

BUILDING DIVISION STANDARD CONDITIONS

64. All conditions of approval shall be included on the first sheet after the cover sheet of the construction drawing submitted for a building permit.

65. A pre-construction meeting shall be held at a time and location agreed upon by the City and applicant for the purpose of reviewing conditions of approval, pre-occupancy requirements / temporary certificate of occupancy and construction-site procedures. This meeting shall be held prior to the issuance of any permit issued by the building department. The applicant shall be represented by his design and construction staff, which includes any sub-contractors.

Departments having conditions of approval for the project will represent the City.

66. Temporary fencing along the perimeter of a building site, during construction is required to ensure security, public safety, and/or noise/dust mitigation. “Temporary” shall mean the placement of fencing in a manner that is not permanently attached to the ground or attached to any other structure or material that is itself permanently attached to the ground. Temporary construction fences consisting of chain-link or plywood, no more that 6-feet in height above the ground and shall not require any permits or special authorization.

Unless letters of permission from adjacent property owners or a City encroachment permit have been obtained, temporary construction fencing shall be placed only on the property that DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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contains the subject construction project. All temporary construction fencing shall be thoroughly removed from the project site upon completion of construction.

67. Prior to construction, A 24-inch by 36-inch weatherproof copy of the approved Construction Management Plan shall be posted on the site as part of a job site sign and located so as to be clearly readable from the public right-of-way. In addition to the approved construction management plan, the sign shall include the following information:
a) Address of the project site.
b) Permitted hours of construction and of deliveries/off-haul. c) Name, e-mail address and direct phone number of the General Contractor. d) Name, e-mail address and direct phone number of the person responsible for managing the project.
e) Name and direct phone number of the party to call in case of an emergency. f) City of Gilroy Code Enforcement Officer (408-846-0264).

68. Construction activities shall be limited between the hours of seven am and seven pm Monday through Friday and nine am to seven pm on Saturday. These hours do not apply to construction work that takes place inside a completely enclosed building and does not exceed the exterior ambient noise level as measured 10 feet from the exterior property lines.

Construction Activities shall not occur on Sundays or city holidays which include New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas.

69. At the time of building permit submittal, the project developer shall submit a final grading and drainage plan prepared by a licensed civil engineer depicting all final grades (with accurate elevations above sea level indicated) and on-site drainage control measures to prevent storm water runoff onto adjoining properties.

70. The applicant and/or developer shall submit a pad elevation certification prepared by a licensed land surveyor or registered civil engineer to the Building Official certifying that the pad elevation(s) and building location (setbacks) are pursuant to the approved plans, prior to receiving a foundation inspection for the structure.

71. The building(s) covered by this approval shall be designed and constructed to current adopted Title 24 Building Standards, including Building, Electrical, Mechanical, Plumbing, Energy, Fire, Green Building and both State and Federal accessibility requirements in effect and as amended by the City of Gilroy at the time of building permit submittal.

72. The project developer shall include erosion control/stormwater quality measures on the DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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Gilroy City CouncilAugust 1, 2022

Gilroy City Council
August 1, 2022