Gilroy City Council
November 7, 2022

November 3, 2022 11:00 AM 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, NOVEMBER 7, 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 meetin g 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, 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’s Office at least 72 hours prior to the meeting at (408) 846-0204 or [email protected] to help ensure that reasonable arrangements can be made.

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

City Council Regular Meeting Agenda
11/7/2022 Page2 A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City.

Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available 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

If you need assistance with translation and would like to speak during public comment, please contact the City Clerk a minimum of 72 hours prior to the meeting at 408-846-0204 or e-mail the City Clerk’s Office at [email protected].

Si necesita un intérprete durante la junta y gustaría dar un comentario público, comuníquese con el Secretario de la Ciudad un mínimo de 72 horas antes de la junta al 408-846-0204 o envíe un correo electrónico a la Oficina del Secretario de la Ciudad a [email protected].

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

2.1.1. Proclamation - United Against Hate Week

2.1.2. Proclamation - Arbor Day

2.1.3. Proclamation Naming November Lung Cancer Awareness Month

City Council Regular Meeting Agenda
11/7/2022 Page3 2.1.4. Retirement Proclamation - Bill Headley

2.1.5. Annual Library Commission Presentation

2.1.6. Annual Open Government Commission Presentation

3. PRESENTATIONS TO THE COUNCIL

3.1. 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 ju risdiction but not on the agenda. Persons wishing to address the Council are request ed to complete a Speaker’s Card located at the entrances and handed to the City Clerk. Speakers are limited to 1 to 3 minutes each, varying at the Mayor’s discretion depending on the number of speakers and length of the agenda.

The law does not permit Council action or extended discussion of any item not on the agenda except under special circumstances. If Council action is requested, the Council may place the matter on a future agenda.

Written comments to address the Council on matters not on this agenda may be e-mailed to the City Clerk’s Office at [email protected] or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1:00pm on the day of a Council 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 b e 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 (alternate), 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 Wastewater Authority (Alternate)

City Council Regular Meeting Agenda
11/7/2022 Page4 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 Board, VTA Board of Directors Alternate, VTA Mobility Partnership, VTA Policy Advisory Committee, VTA South County City Group

5. COUNCIL CORRESPONDENCE

5.1. Council-Initiated Request for an Inventory of Youth Program and Facilities

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 th at 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. Action Minutes of the City Council - Regular Meeting - Oct 17, 2022 6:00 PM

7.2. Action Minutes of the City Council - Special Meeting - Study Session - Oct 24, 2022 6:00 PM

7.3. Approve Amendments to the 2023 City Council Meeting Schedule

7.4. City of Gilroy Recognition of Cesar Chavez Day (March 31) as an Observed Holiday

City Council Regular Meeting Agenda
11/7/2022 Page5 7.5. Authorize the City Administrator, or Designee, to Execute an Easement Deed to PG&E for a Relocated Joint Guy Stub Pole and Anchor within APN 799-08-051 for the Downtown Gourmet Parking Lot

7.6. First Amendment to the Agreement for Services with Luhdorff & Scalmanini Consulting Engineers (LSCE) to Extend Design and Construction Engineering Services through June 30, 2024 and Increase Existing Agreement by $99,502 for a Total Contract Amount of $719,502

8. BIDS AND PROPOSALS

9. PUBLIC HEARINGS

9.1. Approve Proposed Tentative Map to Divide 778 First Street Into Two Parcels

1. Disclosure of Ex-Parte Communications

2. Staff Report: Sharon Goei, Community Development Director, Jon Biggs, Special Assistant to City Administration

3. Open Public Hearing

4. Close Public Hearing

5. Possible Action:

Adopt a Resolution approving a Tentative Map to subdivide the property located at 778 First Street into two parcels (APN: 808-12-035 & 808-12-036) (File Number TM 22-04).

10. UNFINISHED BUSINESS

11. INTRODUCTION OF NEW BUSINESS

11.1. Annual Review and Adoption of the City's Investment Policy

1. Staff Report: Harjot Sangha, Finance Director

2. Public Comment

3. Possible Action:

Adopt a resolution establishing the City’s updated Investment Policy.

City Council Regular Meeting Agenda
11/7/2022 Page6 11.2. Introduce an Ordinance Adopting by Reference the 2022 California Building Codes with Amendments, and Set a Public Hearing on November 21, 2022, for Adoption of the Ordinance

1. Staff Report: Sharon Goei, Community Development Director, Hipolito Olmos, Building Official

2. Public Comment

3. Possible Action:

1. Move to read the Ordinance by title only and waive the first reading beyond the title.

2. Introduce an Ordinance amending Sections 6.1, 6.6, and 6.7 of Chapter 6 of the Gilroy Municipal Code adopting by reference the 2022 California Building Code, 2022 California Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Energy Code, 2022 California Historical Building Code, 2022 California Existing Building Code, 20 21 International Property Maintenance Code, and 2021 International Swimming Pool and Spa Code, with amendments.

3. Set a public hearing on November 21, 202 2, for the adoption of the Ordinance, pursuant to California Government Code Section 50022.3.

11.3. Introduce an Ordinance Adopting by Reference the 2022 California Green Building Standards Code with Amendments, and Set a Public Hearing on November 21, 2022, for Adoption of the Ordinance

1. Staff Report: Sharon Goei, Community Development Director, Hipolito Olmos, Building Official

2. Public Comment

3. Possible Action:

1. Move to read the Ordinance by title only and waive the first reading beyond the title.

2. Introduce an Ordinance amending Sections 6.6 and 6.7 of Chapter 6 of the Gilroy Municipal Code adopting by reference the 2022 California Green Building Standards Code with amendments.

3. Set a public hearing on November 21, 2022, for the adoption of the Ordinance, pursuant to California Government Code Section 50022.3.

City Council Regular Meeting Agenda
11/7/2022 Page7 11.4. Introduce an Ordinance Adopting by Reference the 2022 California Fire Code with Amendments, and Set a Public Hearing on November 21, 2022, for Adoption of the Ordinance

1. Staff Report: Sharon Goei, Community Development Director, Jonathan Crick, Hazardous Materials Supervisor/Deputy Fire Marshal

2. Public Comment

3. Possible Action:

1. Move to read the Ordinance by title only and waive the first reading beyond the title.

2. Introduce an Ordinance amending Sections 10.9 and 10.10 of Chapter 10 of the Gilroy Municipal Code adopting by reference the 2022 California Fire Code with amendments.

3. Set a public hearing on November 21, 2022, for the adoption of the Ordinance, pursuant to California Government Code Section 50022.3.

12. CITY ADMINISTRATOR'S REPORTS

13. CITY ATTORNEY'S REPORTS

14. CLOSED SESSION

15. ADJOURNMENT

FUTURE MEETING DATES

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

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

JANUARY 2023
9* Regular Meeting - 6:00 p.m.
23* Regular Meeting - 6:00 p.m.

Strategic Planning Workshop - Date and Time To Be Determined

*Meeting is webstreamed

2.1.1 Packet Pg. 8 Communication: Proclamation - United Against Hate Week (Proclamations, Awards, and Presentations)

2.1.2 Packet Pg. 9 Communication: Proclamation - Arbor Day (Proclamations, Awards, and Presentations)

2.1.3 Packet Pg. 10 Communication: Proclamation - Lung Cancer Awareness Month (Proclamations, Awards, and Presentations)

City of Gilroy

STAFF REPORT
Agenda Item Title: Council-Initiated Request for an Inventory of Youth Program and Facilities
Meeting Date: November 7, 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 receive the informational correspondence.

BACKGROUND

Attached is Council correspondence related to a request for an inventory of youth programs and facilities that was made at the August 15, 2022 City Council Regular Meeting.

Attachments:

5.1 Packet Pg. 11

1. Council Initiated Agenda Item - Recreation Programs, Parks, Facilities for low- income youth

2. Master Property List 11.2.22

5.1 Packet Pg. 12

City of Gilroy

STAFF REPORT

To: Mayor and City Councilmembers

From: Adam Henig, Recreation Manager

CC: Jimmy Forbis, City Administrator

Subject: Council-initiated agenda item requesting an inventory of available park acreage facilities and activities in the City, specifically that are youth focused and accessible to low income families.

I. List of City Recreational Facilities

1. Wheeler Center, 250 West 6th Street – Comprises of gym, multi-purpose room with a kitchen, classroom and dance studio.

2. Gilroy Senior Center, 7371 Hanna Street – Comprises of Main Hall, Meeting Room and two classrooms; all rooms equipped with SMART television monitors

3. Las Animas Recreation Building, 400 Mantelli Avenue – Classroom with restroom

4. Solorsano Middle School Gymnasium, 7121 Grenache Way – Joint use with GUSD. City has access in the evenings and on weekends.

5. Cesar Chavez Gym, Gilroy Prep, 277 IOOF Avenue – Joint use with GUSD.

City has access after school, evenings, and on weekends.

6. List of city facilities that are currently being leased to a provider:
a. Christopher High School Aquatics Center, 850 Day Road b. San Ysidro Recreation Building, 7700 Murray Avenue
c. Tom Car Boxing Gym, 7400 Railroad Street
d. Center for the Gilroy Arts, 7341 Monterey Road
e. Willey House, 150 5th Street (leased to a tenant)

II. List of vacant City-owned properties - N/A

III. Low-income youth-focused recreation programs/services

a. Adaptive services – program fees are heavily discounted to serve fixed- income residents on disability.
b. Gilroy Youth Center – free after school programming at Gilroy Prep for grades 1-8. Held M-Th.

5.1.a
Packet Pg. 13 Attachment: Council Initiated Agenda Item - Recreation Programs, Parks, Facilities for low-income youth (4025 : Council-initiated Request for

c. Youth Scholarship fund – income eligible families can apply for a reduction of fees toward any City of Gilroy recreation class or camp. Each approved applicant will receive up to $100 to be used for recreation programs within a calendar year. A listing of current programs are available online and in the 2022 Fall Recreation Guide. Program highlights include basketball, soccer, hip hop, and youth theater. d. Late Night Gym – hosted at Wheeler Gym on a weekly basis. e. San Ysidro Cultural Center – the following youth programming is offered here on a regular basis:
i. Families with Special Needs
ii. Family & Friends Game Night
iii. STEAM Camp Explorers
iv. Youth Leadership Circle
v. NSU Youth Fellowship
f. Cesar Chavez Gym
i. Open Sports Gym (evening)
ii. Volleyball (evening)

IV. Family-friendly city parks located within low income socio-economic neighborhoods, as identified by the U.S. Department of Housing and Urban Development’s 2022 Qualified Census Tracts, and/or provide social services

a. Forest Street Park: .75 acre, located in eastside; has playground and small field.
b. Las Animas Park: 31-acres, offers social services; has handball court, tennis court, fields, picnic areas, and playgrounds.
c. San Ysidro Park: 9-acres, located in eastside and offers social services; has handball court, field, picnic areas, and playgrounds.

5.1.a
Packet Pg. 14 Attachment: Council Initiated Agenda Item - Recreation Programs, Parks, Facilities for low-income youth (4025 : Council-initiated Request for

APN SITE
NUMBER SITE STREET LANDUSE TYPE LOT SQ. FT.APROX.

ACRE TOTAL SF Notes Property Type Active
Lease?
783-04-007 Burchell Rd * UNKNOWN LAND USE *70,066 1.61 0 Part of The Gilroy Golf Course Facility 783-04-021 2485 Hecker Pass Rd AGR,PASTURE,GRAZING AND RANGE LAND 555,390 12.75 0 Houses and land across from the Red Barn Facility 783-04-022 *no Site Address*AGR,PASTURE,GRAZING AND RANGE LAND 127,630 2.93 0 Land across from the Red Barn Landscaping/Open Space/Empty 783-04-026 2695 Hecker Pass Rd * UNKNOWN LAND USE *3,876,602 88.99 0 The Gilroy Golf Course Facility Yes 783-05-011 Hecker Pass Hwy VACANT,URBAN 64,500 1.48 0 Empty land near Gilroy Gardens Landscaping/Open Space/Empty 783-05-012 Land Only AGR,RESERVOIRS AND WATER SUPPLY 614 0.01 0 Empty land near Gilroy Gardens Landscaping/Open Space/Empty 783-05-039 Hecker Pass Hwy AGR,PASTURE,GRAZING AND RANGE LAND 159,701 3.67 0 Empty land near Gilroy Gardens Landscaping/Open Space/Empty 783-16-028 Santa Teresa Blvd * UNKNOWN LAND USE *5,725 0.13 0 Part of Street Infrastructure 783-20-050 880 Sunrise Dr RES,SINGLE FAMILY RESIDENCE 85,813 1.97 1,558 Fire Station Facility 783-20-052 Santa Teresa Blvd AGR,PASTURE,GRAZING AND RANGE LAND 350,643 8.05 0 Sunrise Park Parks/Trails 783-21-060 *no Site Address*VACANT,URBAN 4,560 0.10 0 Well Infrastructure 783-26-002 Welburn Ave RES,SINGLE FAMILY RESIDENCE 77,431 1.78 0 Water Tank Reservoir A Infrastructure 783-43-022 Rancho Hills Ct * UNKNOWN LAND USE *3,192 0.07 0 Pump Station Infrastructure 783-46-081 2256 Coral Bell Ct TRA,UTILITIES AND COMMUNICATIONS 31,325 0.72 0 Periwinkle Water Reservoir Infrastructure 783-46-082 2116 Mantelli Dr RES,SINGLE FAMILY RESIDENCE 55,254 1.27 0 Periwinkle Water Reservoir Infrastructure 783-46-083 2145 Country Dr RES,SINGLE FAMILY RESIDENCE 7,316 0.17 0 Pump station Infrastructure 783-52-010 *no Site Address*VACANT,PUBLIC USES 128,066 2.94 0 Park Parks/Trails 783-53-003 9001 Calle Del Rey AGR,PASTURE,GRAZING AND RANGE LAND 135,320 3.11 0 Del Rey Park Parks/Trails 783-75-082 *no Site Address*VACANT,URBAN 530,662 12.18 0 Trail Parks/Trails 790-01-022 Mantelli Dr AGR,FIELD CROPS,NON-ORCHARD 131,104 3.01 0 Park Parks/Trails 790-04-074 *no Site Address*VACANT,URBAN 6,098 0.14 0 Mantelli and Kern irrigation controler Infrastructure 790-08-012 *no Site Address** UNKNOWN LAND USE *3,289 0.08 0 Side of a small bridge Infrastructure 790-08-016 216 Vickery Ln VACANT,URBAN 156,154 3.58 0 Vacant dirt lot Landscaping/Open Space/Empty 790-16-126 *no Site Address** UNKNOWN LAND USE *1,585 0.04 0 Part of Street Infrastructure 790-26-047 Wren Ave * UNKNOWN LAND USE *1,205,721 27.68 0 Las Animas Park Parks/Trails 790-33-011 Hanna St * UNKNOWN LAND USE *25,755 0.59 0 Renz Park Parks/Trails 790-38-073 *no Site Address** UNKNOWN LAND USE *979 0.02 0 Used by local residences and a parking/ storage lot Landscaping/Open Space/Empty 790-38-074 *no Site Address** UNKNOWN LAND USE *922 0.02 0 Used by local residences and a parking/ storage lot Landscaping/Open Space/Empty 790-40-022 *no Site Address*PUB,BUILDINGS,PUBLIC 33,863 0.78 0 Fire Station Facility 790-46-049 Church St * UNKNOWN LAND USE *6,371 0.15 0 Las Animas Park Parks/Trails 790-52-098 *no Site Address*RES,SINGLE FAMILY RESIDENCE 109,771 2.52 0 Park Parks/Trails 799-01-033 2nd St * UNKNOWN LAND USE *1,230 0.03 0 Small section of land between two homes TBD 799-01-051 Monterey Rd * UNKNOWN LAND USE *2,883 0.07 0 Alley Alley/Street 799-03-046 *no Site Address** UNKNOWN LAND USE *1,177 0.03 0 Alley Alley/Street 799-06-029 5th St * UNKNOWN LAND USE *2,057 0.05 0 Alley Alley/Street 799-06-031 195 5th St * UNKNOWN LAND USE *6,000 0.14 0 Gilroy Museum Facility 799-06-060 *no Site Address** UNKNOWN LAND USE *17,750 0.41 0 Downtown Parking Lot Parking Lot 799-06-065 Church St * UNKNOWN LAND USE *634 0.01 0 Alley Alley/Street 799-07-023 140 5th St PUB,BUILDINGS,PUBLIC 11,347 0.26 0 Cultural center Facility 799-07-054 7453 Monterey St COM,BUSINESS DISTRICTS,LOCAL 2,758 0.06 0 Paseo Parks/Trails 799-07-074 Eigleberry St VACANT,URBAN 622 0.01 0 Downtown Parking Lot Parking Lot 799-07-075 7470 Eigleberry St VACANT,COMMERCIAL USES,PUB PRKG LOT 3,484 0.08 0 Downtown Parking Lot Parking Lot 799-07-076 7480 Eigleberry St VACANT,URBAN 12,788 0.29 0 Downtown Parking Lot Parking Lot 799-07-078 Eigleberry St * UNKNOWN LAND USE *15,400 0.35 0 Downtown Parking Lot Parking Lot 799-08-039 7355 Monterey St COM,RETAIL NOT IN SHOPPING CENTER 2,864 0.07 2,800 Gilroy Center for the Arts Facility 799-08-040 7353 Monterey St COM,RETAIL NOT IN SHOPPING CENTER 2,994 0.07 1,050 Gilroy Center for the Arts Facility 799-08-041 7347 Monterey St COM,RETAIL NOT IN SHOPPING CENTER 5,697 0.13 2,880 Gilroy Center for the Arts Facility 799-08-042 7341 Monterey St COM,RETAIL NOT IN SHOPPING CENTER 15,546 0.36 5,127 Gilroy Center for the Arts Facility Yes 799-08-043 Monterey Rd COM,RETAIL NOT IN SHOPPING CENTER 5,483 0.13 0 Gilroy Center for the Arts Facility Yes 799-08-044 7301 Monterey St COM,RETAIL NOT IN SHOPPING CENTER 6,667 0.15 1,404 Gilroy Center for the Arts Facility Yes 799-08-045 67 W 7th St RES,SINGLE FAMILY RESIDENCE 5,950 0.14 1,400 Downtown Gourmet Parking Lot Landscaping/Open Space/Empty 799-08-046 57 W 7th St RES,SINGLE FAMILY RESIDENCE 2,660 0.06 720 Downtown Gourmet Parking Lot Landscaping/Open Space/Empty 799-08-047 7310 Eigleberry St VACANT,URBAN 9,701 0.22 0 Downtown Gourmet Parking Lot Landscaping/Open Space/Empty 799-08-048 7320 Eigleberry St VACANT,URBAN 7,050 0.16 0 Downtown Gourmet Parking Lot Landscaping/Open Space/Empty

5.1.b
Packet Pg. 15 Attachment: Master Property List 11.2.22 (4025 : Council-initiated Request for Youth Program/Facility

APN SITE
NUMBER SITE STREET LANDUSE TYPE LOT SQ. FT.APROX.

ACRE TOTAL SF Notes Property Type Active
Lease?
799-08-049 7330 Eigleberry St VACANT,URBAN 11,576 0.27 0 Downtown Gourmet Parking Lot Landscaping/Open Space/Empty 799-08-050 7350 Eigleberry St VACANT,URBAN 10,920 0.25 0 Downtown Gourmet Parking Lot Landscaping/Open Space/Empty 799-08-051 7360 Eigleberry St VACANT,URBAN 9,000 0.21 0 Downtown Gourmet Parking Lot Landscaping/Open Space/Empty 799-08-054 7350 Rosanna St * UNKNOWN LAND USE *14,402 0.33 0 City Hall Parking Lot Parking Lot 799-08-058 250 W 6th PUB,BUILDINGS,PUBLIC 150,939 3.47 0 City Hall Facility 799-08-060 Eigleberry St VACANT,URBAN 6,909 0.16 0 New Parking Lot Parking Lot 799-09-059 7259 Monterey St RES,5 OR MORE FAMILY UNITS 9,164 0.21 4,892 Cherry Blossom Facility 799-09-059 7259 Monterey St RES,5 OR MORE FAMILY UNITS 9,164 0.21 3,300 Cherry Blossom Facility 799-14-002 *no Site Address** UNKNOWN LAND USE *2,000 0.05 0 Well 4 Pumping Station Infrastructure 799-15-026 7351 Rosanna St PUB,BUILDINGS,PUBLIC 5,980 0.14 0 Small parking lot near City Hall Parking Lot 799-15-027 7289 Rosanna St RES,SINGLE FAMILY RESIDENCE 5,980 0.14 1,154 Rosanna House - renovating prior to rental Facility 799-15-053 *no Site Address*RES,SINGLE FAMILY RESIDENCE 1,535 0.04 0 Alley Alley/Street 799-17-051 7380 Dowdy St RES,SINGLE FAMILY RESIDENCE 7,000 0.16 940 House to be demolished - Not rentable Facility 799-17-052 7390 Dowdy St Lawn 9,520 0.22 1,212 Lawn 6th and Dowdy Landscaping/Open Space/Empty 799-17-066 350 W 6th St RES,SINGLE FAMILY RESIDENCE 165,064 3.79 0 Site of the Gilroy SCC Library Facility Yes 799-17-069 *no Site Address*RES,SINGLE FAMILY RESIDENCE 76,020 1.75 0 Police Station (East)Facility 799-17-071 7300 Dowdy St RES,SINGLE FAMILY RESIDENCE 40,530 0.93 0 Police Station (West)Facility 799-21-005 2nd St * UNKNOWN LAND USE *182,098 4.18 0 Miller Park Parks/Trails 799-21-011 660 1st St AGR,RESERVOIRS AND WATER SUPPLY 104,544 2.40 0 Parking Lot and a Well Parking Lot Yes 799-30-001 *no Site Address** UNKNOWN LAND USE *1,465,751 33.65 0 Christmas Hill Park Parks/Trails 799-30-002 *no Site Address*AGR,ORCHARD 571,845 13.13 0 Christmas Hill Park Parks/Trails 799-30-007 W 10th St * UNKNOWN LAND USE *276,830 6.36 0 Parking and part of baseball field for Gilroy High School Parking Lot 799-35-015 Monterey Rd * UNKNOWN LAND USE *6,616 0.15 0 Bridge Alley/Street 799-44-107 *no Site Address** UNKNOWN LAND USE *4,826 0.11 0 Part of Bridge Alley/Street 808-01-001 Uvas Park Dr REC,PARKS,URBAN,METROPOLITAN,REGION 130,816 3.00 0 Uvas Creek Preserve Landscaping/Open Space/Empty 808-01-011 Uvas Park Dr REC,PARKS,URBAN,METROPOLITAN,REGION 243,216 5.58 0 Uvas Creek Preserve Landscaping/Open Space/Empty 808-01-014 Uvas Park Dr VACANT,URBAN 205,159 4.71 0 Uvas Creek Preserve Landscaping/Open Space/Empty 808-18-021 *no Site Address** UNKNOWN LAND USE *1,425,085 32.72 0 Uvas Creek Preserve Landscaping/Open Space/Empty 808-18-022 *no Site Address*AGR,PASTURE,GRAZING AND RANGE LAND 1,280,701 29.40 0 Uvas Creek Preserve Landscaping/Open Space/Empty 808-18-027 Santa Teresa Blvd VACANT,URBAN 16,139 0.37 0 Strip of land near road Landscaping/Open Space/Empty 808-19-006 7050 Miller Ave REC,PARKS,URBAN,METROPOLITAN,REGION 696,960 16.00 0 Christmas Hill Park Parks/Trails 808-19-007 *no Site Address*VACANT,URBAN 681,599 15.65 0 Christmas Hill Park Parks/Trails 808-20-015 Thomas Ln * UNKNOWN LAND USE *1,200 0.03 0 Part of Traffic Circle/Roundabout Alley/Street 808-20-024 465 Thomas Rd AGR,PASTURE,GRAZING AND RANGE LAND 157,023 3.60 0 Park Parks/Trails 808-21-018 W Luchessa Ave AGR,ORCHARD 44,846 1.03 0 Luchessa entrance to pathway to sportspark Parks/Trails 808-21-025 *no Site Address*AGR,ORCHARD 36,244 0.83 0 West Luchessa roadway in between round about and bridge Alley/Street 808-21-026 Land Only AGR,FIELD CROPS,NON-ORCHARD 895,593 20.56 0 Sports Park or Expansion Parks/Trails Yes 808-21-028 Land Only AGR,FIELD CROPS,NON-ORCHARD 1,373,446 31.53 0 Sports Park or Expansion Parks/Trails Yes 808-21-030 Land Only AGR,FIELD CROPS,NON-ORCHARD 1,144,321 26.27 0 Sports Park or Expansion Parks/Trails Yes 808-21-032 *no Site Address*AGR,ORCHARD 21,889 0.50 0 Pathway to sportspark Parks/Trails 808-30-054 Wren Ave * UNKNOWN LAND USE *154,653 3.55 0 El Roble Park Parks/Trails 808-33-002 Uvas Park Dr VACANT,URBAN 1,351,521 31.03 0 Uvas Creek Preserve Landscaping/Open Space/Empty 808-38-044 *no Site Address*VACANT,URBAN 104,108 2.39 0 Babbs Creek green space Landscaping/Open Space/Empty 808-40-077 *no Site Address** UNKNOWN LAND USE *4,640 0.11 0 Side of Road Infrastructure 810-17-024 *no Site Address*REC,OUTDOOR AMPHITHEATER,THEME PARK 125,452 2.88 0 Gilroy Gardens and extended hillside Parks/Trails Yes 810-17-026 *no Site Address*REC,OUTDOOR AMPHITHEATER,THEME PARK 99,752 2.29 0 Gilroy Gardens and extended hillside Parks/Trails Yes 810-17-029 *no Site Address*REC,OUTDOOR AMPHITHEATER,THEME PARK 361,983 8.31 0 Gilroy Gardens and extended hillside Parks/Trails Yes 810-17-030 *no Site Address*REC,OUTDOOR AMPHITHEATER,THEME PARK 436,339 10.02 0 Gilroy Gardens and extended hillside Parks/Trails Yes 810-17-031 Land Only REC,OUTDOOR AMPHITHEATER,THEME PARK 945,824 21.71 0 Gilroy Gardens and extended hillside Parks/Trails Yes 810-18-002 Whitehurst Rd AGR,PASTURE,GRAZING AND RANGE LAND 3,376,922 77.52 0 Gilroy Gardens and extended hillside Parks/Trails Yes 810-18-013 Hecker Pass Hwy REC,OUTDOOR AMPHITHEATER,THEME PARK 12,767,378 293.10 0 Gilroy Gardens and extended hillside Parks/Trails Yes 810-19-005 3090 Hecker Pass Rd REC,OUTDOOR AMPHITHEATER,THEME PARK 720,482 16.54 0 Gilroy Gardens and extended hillside Parks/Trails Yes 810-19-007 *no Site Address*REC,OUTDOOR AMPHITHEATER,THEME PARK 3,920 0.09 0 Gilroy Gardens and extended hillside Parks/Trails Yes

5.1.b
Packet Pg. 16 Attachment: Master Property List 11.2.22 (4025 : Council-initiated Request for Youth Program/Facility

APN SITE
NUMBER SITE STREET LANDUSE TYPE LOT SQ. FT.APROX.

ACRE TOTAL SF Notes Property Type Active
Lease?
810-19-010 *no Site Address*REC,OUTDOOR AMPHITHEATER,THEME PARK 1,383,465 31.76 0 Gilroy Gardens and extended hillside Parks/Trails Yes 810-19-011 *no Site Address*TRA,STREETS,LIMITED ACCESS 25,904 0.59 0 Gilroy Gardens and extended hillside Parks/Trails Yes 810-19-014 3050 Hecker Pass Rd REC,OUTDOOR AMPHITHEATER,THEME PARK 3,043,801 69.88 0 Gilroy Gardens and extended hillside Parks/Trails Yes 810-20-018 *no Site Address*AGR,FIELD CROPS,NON-ORCHARD 158,122 3.63 0 Red barn and related properties Facility 810-20-019 2480 Hecker Pass Rd AGR,FIELD CROPS,NON-ORCHARD 553,212 12.70 0 Red barn and related properties Facility 810-20-023 *no Site Address*VACANT,URBAN 158,851 3.65 0 Land by the river Landscaping/Open Space/Empty 810-20-024 *no Site Address*VACANT,URBAN 18,923 0.43 0 Land by the river Landscaping/Open Space/Empty 810-20-027 *no Site Address*AGR,FIELD CROPS,NON-ORCHARD 278,650 6.40 0 River Landscaping/Open Space/Empty 810-20-028 *no Site Address*AGR,FIELD CROPS,NON-ORCHARD 949,046 21.79 0 River Landscaping/Open Space/Empty 810-21-020 *no Site Address*AGR,ORCHARD 1,127,576 25.89 0 River Landscaping/Open Space/Empty 810-21-021 *no Site Address*AGR,FLOWER GROWERS 228,717 5.25 0 Third Street Dog Park Parks/Trails 810-21-022 *no Site Address*VACANT,URBAN 94,193 2.16 0 Third Street landscape Landscaping/Open Space/Empty 810-21-024 *no Site Address*AGR,ORCHARD 386,014 8.86 0 River Landscaping/Open Space/Empty 810-21-025 *no Site Address*AGR,ORCHARD 30,833 0.71 0 River Landscaping/Open Space/Empty 810-41-001 *no Site Address*FOR,FOREST AND BRUSH LANDS 308,404 7.08 0 Eagle Ridge Water towers Infrastructure 810-41-002 *no Site Address*FOR,FOREST AND BRUSH LANDS 192,099 4.41 0 Eagle Ridge Water Towers Infrastructure 810-46-006 1852 Club Dr AGR,ORCHARD 5,896 0.14 0 Pump station Infrastructure 810-65-006 *no Site Address*VACANT,URBAN 79,279 1.82 0 3rd Street Landscape Landscaping/Open Space/Empty 810-65-022 *no Site Address*AGR,ORCHARD 45,840 1.05 0 3rd Street open space Landscaping/Open Space/Empty 810-65-023 *no Site Address*AGR,ORCHARD 6,014 0.14 0 Cobblestone St streetside landscape Landscaping/Open Space/Empty 810-66-013 *no Site Address*VACANT,URBAN 19,558 0.45 0 Gateway Park Parks/Trails 810-75-008 *no Site Address*AGR,PASTURE,GRAZING AND RANGE LAND 767,962 17.63 0 Miller Water reservoir Infrastructure 810-75-010 Santa Teresa Blvd * UNKNOWN LAND USE *110,508 2.54 0 City Reservoir B & G Booster Station Infrastructure 810-75-012 *no Site Address** UNKNOWN LAND USE *4,195 0.10 0 City Reservoir B & G Booster Station Infrastructure 810-75-013 *no Site Address** UNKNOWN LAND USE *1,029 0.02 0 City Reservoir B & G Booster Station Infrastructure 810-83-117 *no Site Address*VACANT,URBAN 52,578 1.21 0 Open Space near Fennel Pl Landscaping/Open Space/Empty 810-84-071 *no Site Address*AGR,FLOWER GROWERS 29,267 0.67 0 Open Space allong 3rd Street Landscaping/Open Space/Empty 810-85-034 *no Site Address*VACANT,URBAN 70,182 1.61 0 Open space between Cinnamon Wy and Hecker Pass Hwy Landscaping/Open Space/Empty 810-86-096 *no Site Address*AGR,FIELD CROPS,NON-ORCHARD 33,843 0.78 0 Open space near 3rd and Grassland roundabout (South)Landscaping/Open Space/Empty 810-86-097 *no Site Address*AGR,FIELD CROPS,NON-ORCHARD 16,456 0.38 0 Open space near 3rd and Grassland roundabout (north)Landscaping/Open Space/Empty 841-01-061 *no Site Address** UNKNOWN LAND USE *5,191 0.12 0 Well 5 Pump station Infrastructure 841-02-004 *no Site Address*VACANT,PUBLIC USES 2,082 0.05 0 Small strip of land east of railroad at Howson and Monterey Landscaping/Open Space/Empty 841-03-002 490 IOOF Ave VACANT,PUBLIC USES 7,867 0.18 0 Part of the actual road Alley/Street 841-03-081 *no Site Address*REC,PARKS,NEIGHBORHOOD 397,419 9.12 0 San Ysidro Park Parks/Trails 841-03-115 *no Site Address*RES,5 OR MORE FAMILY UNITS 50,354 1.16 0 A section of Murray Ave Alley/Street 841-04-015 *no Site Address*VACANT,PUBLIC USES 12,065 0.28 0 A section of sidewalk Infrastructure 841-04-020 7780 Monterey St VACANT,PUBLIC USES 19,125 0.44 0 Gilroy Downtown Business Association leased office Facility Yes 841-05-055 *no Site Address*VACANT,PUBLIC USES 7,165 0.16 0 Downtown Parking Lot Parking Lot 841-06-001 7491 Railroad St IND,NON-MFG,COMBO MFG & NON-MFG 6,125 0.14 2,160 Old Creamery Building Lot 841-06-025 7400 Railroad St IND,YARDS,EQUIPMENT AND SUPPLIES 34,048 0.78 5,880 Boxing Gym and Parking Lot Facility Yes 841-06-061 7400 Monterey St COM,RETAIL NOT IN SHOPPING CENTER 15,672 0.36 0 Old City Hall Facility Yes 841-07-015 Chestnut St VACANT,PUBLIC USES 2,297 0.05 0 Alleyway Alley/Street 841-08-003 7310 Monterey St VACANT,URBAN 12,961 0.30 0 Downtown Parking Lot Parking Lot 841-08-031 *no Site Address*VACANT,PUBLIC USES 35,165 0.81 0 Forrest Street Park Parks/Trails 841-08-032 271 Old Gilroy St RES,SINGLE FAMILY RESIDENCE 7,375 0.17 1,436 Forrest Street Park Parks/Trails 841-08-044 *no Site Address*TRA,UTILITIES AND COMMUNICATIONS 10,934 0.25 0 Downtown Parking Lot Parking Lot 841-10-009 613 Old Gilroy St IND,YARDS,EQUIPMENT AND SUPPLIES 155,816 3.58 34,384 Corps Yard Facility 841-10-032 *no Site Address*IND,YARDS,EQUIPMENT AND SUPPLIES 42,177 0.97 0 Corps Yard Facility 841-11-039 *no Site Address*VACANT,PUBLIC USES 1,980 0.05 0 Butcher Park Parks/Trails 841-11-040 E 8th St VACANT,PUBLIC USES 800 0.02 0 Alleyway Alley/Street 841-18-089 *no Site Address*VACANT,URBAN 5,295 0.12 0 A small sliver of land near 6th St bridge East of Highway 101 Landscaping/Open Space/Empty

5.1.b
Packet Pg. 17 Attachment: Master Property List 11.2.22 (4025 : Council-initiated Request for Youth Program/Facility

APN SITE
NUMBER SITE STREET LANDUSE TYPE LOT SQ. FT.APROX.

ACRE TOTAL SF Notes Property Type Active
Lease?
841-18-090 *no Site Address*VACANT,URBAN 32,779 0.75 0 A section of road Alley/Street 841-18-093 *no Site Address*VACANT,URBAN 23,584 0.54 0 A bridge Alley/Street 841-19-035 *no Site Address*VACANT,PUBLIC USES 9,999 0.23 0 Pump station or well Infrastructure 841-53-013 *no Site Address*VACANT,URBAN 1,749 0.04 0 Small strip of land along creekside behind homes along Rogers Lane Landscaping/Open Space/Empty
841-66-012 E 9th St PUB,BUILDINGS,PUBLIC 74,160 1.70 0 Gilroy Fire department Facility 841-67-004 *no Site Address*AGR,RESERVOIRS AND WATER SUPPLY 1,400 0.03 0 Well #6 (adjacent to 841-67-031 below)Infrastructure 841-67-016 *no Site Address*AGR,RESERVOIRS AND WATER SUPPLY 2,060 0.05 0 Section of dirt road Alley/Street 841-67-031 *no Site Address** UNKNOWN LAND USE *3,791 0.09 0 Well #6 (adjacent to 841-67-004 above)Infrastructure 841-69-041 *no Site Address*INS,SCHOOLS,PUBLIC,PLAYFIELDS 2,952 0.07 0 A small strip of land near GUSD Landscaping/Open Space/Empty 841-70-013 *no Site Address*VACANT,PUBLIC USES 2,554 0.06 0 Near Camino Arroyo and Hecker Pass Hwy Infrastructure

5.1.b
Packet Pg. 18 Attachment: Master Property List 11.2.22 (4025 : Council-initiated Request for Youth Program/Facility

City Council Regular Meeting Minutes
October 17, 2022

City of Gilroy
City Council Regular Meeting Minutes
October 17, 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 Hilton led the Pledge of Allegiance.

2. Invocation
Pastor Malcolm MacPhail from New Hope Community Church 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 Absent
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

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

AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY

COUNCIL
Mayor Blankley opened Public Comment.

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

Mae Valentino Pickett voiced concerns that a particular individual acted as parliamentarian at the last Planning Commission.

7.1 Packet Pg. 19 Minutes Acceptance: Minutes of Oct 17, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))

City Council Regular Meeting Minutes
October 17, 2022

Renee Rocco echoed the same concerns from the previous speaker.

Jacqueline Castillo inquired about Council Member Tovar’s response from the October 3rd City Council Regular Meeting.

Xavier Garcia voiced concerns about the conduct of the recall proponents.

Hazel Quintero criticized the Council for focusing on recalling Council Member Armendariz instead of enforcing gun laws.

Reymundo Armendariz voiced opposition to recalling Council Member Armendariz.

Sally Armendariz voiced concerns about potential fraud from the proponents of the recall.

Delia Sandoval advocated for the City to build a youth center.

Marty Estrada voiced concerns about potential fraud from the proponents of the recall and advocated for the City to build a youth center.

Basil L. Romero Jr. voiced his support for Council Member Armendariz Olga Martinez voiced concerns about potential fraud from the proponents of the recall.

Ron Kirkish wished to provide three items for Council to review.

Tina Chavarria stated that the City should be going after the perpetrators that pulled the trigger on the night of October 30, 2021, and not Council Member Armendariz.

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

4. REPORTS OF COUNCIL MEMBERS
Council Member Marques reported on the Gilroy Gardens Board of Directors, the 7th Annual Halloween Beer Crawl, Gilroy Downtown Business Association Board, and thanked the volunteers who cleaned up Uvas Creek.

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

Council Member Tovar thanked the Gilroy Downtown Business Association and the volunteers for their work at the Halloween Beer Crawl.

Council Member Leroe-Muñoz reported that he will be attending the SCVWD Water Commission next week and thanked Police Chief Espinoza for his work on National Night Out.

Mayor Blankley reported on National Night Out, meetings with Impact Solutions, Dignity Moves, CalTrain, and notified that on November 1st, representatives from Sister City Angra do Heroísmo, Portugal, will be visiting the City.

5. COUNCIL CORRESPONDENCE
There was none.

6. FUTURE COUNCIL INITIATED AGENDA ITEMS
There were none.

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City Council Regular Meeting Minutes
October 17, 2022

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, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar ABSENT: Rebeca Armendariz

7.1. City Council - Regular Meeting - Oct 3, 2022 6:00 PM A motion was made to approve the minutes.

7.2. Approval of a Notice of Acceptance of Completion, and Reduction of the Faithful Performance and Payment Security Bonds for Property Improvement Agreement No. 2015-01, Vista Bella – Tract 10255 A motion was made to approve the Notice of Acceptance of Completion and Reduction of the Faithful Performance and Payment Security Bonds.

7.3. Authorize the City Administrator, or Designee, to Execute an Easement Deed to PG&E for a New Transformer within APN 799-08-045 for the Downtown Gourmet Parking Lot
A motion was made to adopt the resolution.

Enactment No. Resolution No.: 2022-79

8. BIDS AND PROPOSALS

8.1. Award a Contract for the Interim Fire Station Modular Building Fire Chief Wyatt provided staff presentation and responded to Council Member questions.

Mayor Blankley opened Public Comment.

There being no speakers, Mayor Blankley closed Public Comment.

Possible Action:

1. Award a sole-source contract for the interim fire station modular building to Mobile Modular in the amount of $204,908 to fund construction, installation, and leasing for three (3) years located on the corner of 10th Street & DeAnza Place in the Santa Teresa Fire Response District; and

2. Adopt a budget amendment resolution to appropriate $204,908 in the Capital Projects Fund for the construction at the alternate site of an interim fire station.

7.1 Packet Pg. 21 Minutes Acceptance: Minutes of Oct 17, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))

City Council Regular Meeting Minutes
October 17, 2022

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

Enactment No.: Resolution No. 2022-80

8.2. Award a Five-Year Lease-Purchase and Maintenance Agreements to Sharp Business Systems, Inc. for City-Wide Multi-Function Printers in the Combined Amount Not to Exceed $542,642
IT Manager Golden provided staff presentation and responded to Council Member questions.

Mayor Blankley opened Public Comment.

There being no speakers, Mayor Blankley closed Public Comment.

Possible Action:
a) Award a lease-purchase agreement to Sharp Business Systems, Inc. for city-wide multi-function printers in the amount not to exceed $371,975; b) Award a maintenance agreement to Sharp Business Systems, Inc. for city-wide multi-function printer maintenance in the amount not to exceed $170,667; and
c) Authorize the City Administrator to execute the agreement documents.

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

8.3. Award of a Three-Year Custodial Services Contract to Frank and Grossman Landscape Contractors Inc. in a Not to Exceed Amount of $976,866 (Project 23-RFP-FAC-480)
Facilities Superintendent Dunckel provided staff presentation and responded to Council Member questions.

Mayor Blankley opened Public Comment.

There being no speakers, Mayor Blankley closed Public Comment.

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City Council Regular Meeting Minutes
October 17, 2022

Possible Action:
a) Award a bid for custodial services to Frank and Grossman Landscape Contractors Inc., for a three-year term with a not to exceed amount of $976,866 and with the City's option to extend the agreement for an additional two years; and
b) Authorize the City Administrator to execute the contract.

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

9. PUBLIC HEARINGS

9.1. Review of the Draft Housing Element
Customer Service Manager McCormick provided staff presentation and responded to Council Member questions.

Mayor Blankley opened Public Hearing at 7:12 PM.

There being no speakers, Mayor Blankley closed Public Hearing at 7:12 PM.

Possible Action:

Accept the report and provide direction to staff on the Draft Housing Element.

RESULT: RECEIVE REPORT

10. UNFINISHED BUSINESS
There were none.

11. INTRODUCTION OF NEW BUSINESS

11.1. Gilroy Downtown Ad Hoc Committee Final Report and Adoption of Committee Recommendations
Assistant to the City Administrator Atkins provided staff presentation and responded to Council Member questions.

Mayor Blankley opened Public Comment.

Ron Kirkish voiced concerns about the proposed va cancy tax.

John Taft stated that he will reserve his comments later at the implementation plan meeting later this month.

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

7.1 Packet Pg. 23 Minutes Acceptance: Minutes of Oct 17, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))

City Council Regular Meeting Minutes
October 17, 2022

Possible Action:

Receive the Final Report and Adopt the Final Downtown Ad Hoc Committee Recommendations
RESULT: RECEIVE REPORT AND APPROVE AD HOC COMMITTEE
RECOMMENDATIONS [UNANIMOUS]
MOVER: Carol Marques, Council Member
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar ABSENT: Rebeca Armendariz
Adopt a Resolution of the City Council of the City of Gilroy amending the Fiscal Year 2023 operating budget for downtown beautification and lighting.

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

Enactment No.: Resolution No. 2022-81

11.2. Agreement with CSG Consultants, Inc. for Plan Check and Inspection Services for the Frontier Fiber Optic Project in the Amount of $419,765.

Public Works Director Jordan provided staff presentation and responded to Council Member questions.

Mayor Blankley opened Public Comment.

There being no speakers, Mayor Blankley closed Public Comment.

Possible Action:

Award a contract to CSG Consultants, Inc. for $419,765 to provide plan check and inspection services for Frontier's Fiber Optic Project.

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

11.3. Third Amendment to the Agreement for Services with CSG Consultants, Inc. to Extend On-Call Engineering Plan Review, Land Surveying Services, and Inclusion of Inspection Services through June 30, 2024 and Increase Existing Agreement by $280,000.

Public Works Director Jordan provided staff presentation and responded to Council Member questions.

Mayor Blankley opened Public Comment.

There being no speakers, Mayor Blankley closed Public Comment.

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City Council Regular Meeting Minutes
October 17, 2022

Possible Action:

Approve an amendment with CSG Consultants, Inc. to increase funding by $280,000 and extend the term of the existing agreement for engineering plan review and land surveying services, add inspection services, and authorize the City Administrator to execute the amendment and related documents.

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

12. CITY ADMINISTRATOR'S REPORTS
City Administrator Forbis provided a brief report and responded to Council Member questions.

13. CITY ATTORNEY'S REPORTS
City Attorney Faber provided a brief report and responded to Council Member questions.

14. CLOSED SESSION
Mayor Blankley opened Public Comment.

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

Mayor Blankley adjourned the Regular Meeting to Closed Session at 7:48 PM.

The City Council convened in Closed Session at 7:53 PM.

A motion was made to go into Closed Session. The Council voted to stay in closed session was unanimous.

14.1. Closed Session Pursuant to Government Code Section 54957(a) and Gilroy City Code Section 17A.11(1) Concerning Protection Against Cyber Threats to Essential Public Services
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 8:08 PM 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 Nam Pham, CMC, CPMC
City Clerk

7.1 Packet Pg. 25 Minutes Acceptance: Minutes of Oct 17, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))

City Council Special Study Session Minutes
10/24/2022

City of Gilroy
City Council Special Study Session Minutes
October 24, 2022

1. OPENING

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

1.2. City Clerk's Report on Posting the Agenda
City Clerk Pham reported on 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

2. STUDY SESSION

2.1. Gilroy Garlic Festival Study Session
Mayor Blankley provided a brief overview of the meeting.

Gilroy Garlic Festival Board President Jeff Speno shared the status of the organization.

Assistant City Administrator McPhillips provided staff presentation and responded to Council Member questions.

Discussion ensued between Council Members and Garlic Festival Board Members.

Mayor Blankley opened public comment.

John Zekanoski stated he is encouraged that the festival will be back after this study session and reminded the Garlic Festival is a worldwide brand.

Kirsten Carr stated she does not want 2019 to be the last festival and inquired what the City and the board do together to have the festival return.

Larry Mickartz emphasized the impact of the Garlic Festival on the community and that the community needs it back. He cautioned the board members not to take the festival out of Gilroy.

Janet Krulee emphasized that Gilroy is on the map be cause of the festival and inquired if other cities within the Municipal Pool Authority have fairs and festivals that require the $10 million insurance requirement.

7.2 Packet Pg. 26 Minutes Acceptance: Minutes of Oct 24, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))

City Council Special Study Session Minutes
10/24/2022

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

Council Members continued asking questions of staff.

3. ADJOURNMENT
The meeting was adjourned at 6:57 PM 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 Nam Pham, CMC, CPMC
City Clerk

7.2 Packet Pg. 27 Minutes Acceptance: Minutes of Oct 24, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))

City of Gilroy

STAFF REPORT
Agenda Item Title: Approve Amendments to the 2023 City Council Meeting Schedule
Meeting Date: November 7, 2022
From: Jimmy Forbis, City Administrator
Department: City Clerk
Submitted By: Thai Pham, City Clerk
Prepared By: Thai Pham, City Clerk

Strategic Plan Goals

☐ Develop a Financially
Resilient Organization

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

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

Approve the amended 2023 City Council Meeting Schedule.

EXECUTIVE SUMMARY

At the September 12, 2022 City Council Regular Meeting, Council adopted the 2023 City Council Regular Meeting Schedule.

Due to the proximity to major holidays, it is requested Council approve the cancellation of the following City Council Regular Meeting dates:

• Monday, July 3, 2023

7.3 Packet Pg. 28

• Monday, December 18, 2023

The following dates would replace the canceled regular meetings and would be scheduled as “Special City Council Meetings”:

• Monday, July 10, 2023
• Monday, December 11, 2023

Staff has attached a revised 2023 Meeting Schedule and is requesting Council to approve the amended 2023 City Council Meeting schedule.

Attachments:

1. Proposed 2023 City Council Meeting Schedule

7.3 Packet Pg. 29

CITY OF GILROY
2023 City Council Meeting Schedule

1st and 3rd Mondays every Month*
Gilroy City Council Chambers | 7351 Rosanna Street, Gilroy, CA 6:00 p.m.

* If a regular meeting falls on a holiday, it is rescheduled to the following Monday, with the exception of the single regula r meeting in July, which will fall on the first day of the month not a holiday, or a Friday, Saturday or Sunday January Monday, January 9, 2023* | Moved from January 2, 2023 Monday, January 23, 2023* | Moved from January 16, 2023

February Monday, February 6, 2023
Monday, February 27, 2023* | Moved from February 20, 2023

March Monday, March 6, 2023
Monday, March 20, 2023

April Monday, April 3, 2023
Monday, April 17, 2023

May Monday, May 1, 2023
Monday, May 15, 2023

June Monday, June 5, 2023
Monday, June 19, 2023

July Monday, July 3, 2023 | Canceled
Monday, July 10, 2023 (Special)

August Monday, August 7, 2023
Monday, August 21, 2023

September Monday, September 11, 2023* | Moved from September 4, 2023 Monday, September 18, 2023

October Monday, October 2, 2023
Monday, October 16, 2023

November Monday, November 6, 2023
Monday, November 20, 2023

December
Monday, December 4, 2023
Monday, December 11, 2023 (Special)
Monday, December 18, 2023 | Canceled

Adopted: September 12, 2022
Amended: November __, 2022

7.3.a
Packet Pg. 30 Attachment: Proposed 2023 City Council Meeting Schedule (4020 : 2023 City Council Meeting Schedule - AMENDED)

CITY OF GILROY
2023 City Council Meeting Schedule

1st and 3rd Mondays every Month*
Gilroy City Council Chambers | 7351 Rosanna Street, Gilroy, CA 6:00 p.m.

* If a regular meeting falls on a holiday, it is rescheduled to the following Monday, with the exception of the single regula r meeting in July, which will fall on the first day of the month not a holiday, or a Friday, Saturday or Sunday = Observed Holiday

= Regular Meeting

= Special Meeting

JANUARY FEBRUARY MARCH

S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 7 1 2 3 4 1 2 3 4
8 9 10 11 12 13 14 5 6 7 8 9 10 11 5 6 7 8 9 10 11
15 16 17 18 19 20 21 12 13 14 15 16 17 18 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25 29 30 31 26 27 28 26 27 28 29 30 31

APRIL MAY JUNE

S M T W T F S S M T W T F S S M T W T F S
1 1 2 3 4 5 6 1 2 3
2 3 4 5 6 7 8 7 8 9 10 11 12 13 4 5 6 7 8 9 10
9 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 17 16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24 23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30 30 JULY AUGUST SEPTEMBER

S M T W T F S S M T W T F S S M T W T F S
1 1 2 3 4 5 1 2
2 3 4 5 6 7 8 6 7 8 9 10 11 12 3 4 5 6 7 8 9
9 10 11 12 13 14 15 13 14 15 16 17 18 19 10 11 12 13 14 15 16 16 17 18 19 20 21 22 20 21 22 23 24 25 26 17 18 19 20 21 22 23 23 24 25 26 27 28 29 27 28 29 30 31 24 25 26 27 28 29 30 30 31

OCTOBER NOVEMBER DECEMBER

S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 7 1 2 3 4 1 2
8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9
15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16 22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 23 29 30 31 26 27 28 29 30 24 25 26 27 28 29 30 31 7.3.a
Packet Pg. 31 Attachment: Proposed 2023 City Council Meeting Schedule (4020 : 2023 City Council Meeting Schedule - AMENDED)

City of Gilroy

STAFF REPORT
Agenda Item Title: City of Gilroy Recognition of Cesar Chavez Day (March 31) as an Observed Holiday
Meeting Date: November 7, 2022
From: Jimmy Forbis, City Administrator
Department: Human Resources Department
Submitted By: LeeAnn McPhillips, Administrative Services/HR Director/Risk Manager
Prepared By: LeeAnn McPhillips, Administrative Services/HR Director/Risk 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

Adopt a resolution of the City Council of the City of Gilroy declaring Cesar Chavez Day (March 31st) as an Observed Holiday.

BACKGROUND

During the recent labor negotiations process, the topic of adding holidays was raised by two labor groups, AFSCME and GMA. The groups requested consideration of adding Cesar Chavez Day and Juneteenth as additional observed holidays. Most employees in

7.4 Packet Pg. 32

these labor groups would have a paid day off if these additional holidays are added to the City of Gilroy’s observed holiday list.

At the Council meeting of August 15, 2022, the Council unanimously a pproved a council-initiated item to conduct a future Council discussion on the topic of adding Cesar Chavez Day as an additional observed City of Gilroy holiday.

At the Council meeting of October 3, 2022, the City Council voted in support of moving forward with adding Cesar Chavez Day as an official observed holiday for the City of Gilroy and directed staff to complete the necessary next steps to complete this process.

Given the impacts on the City of Gilroy labor organizations and negotiated Memoranda of Understanding, a closed session was held on October 17, 2022, to provide direction to the City’s negotiators. City negotiators have communicated with all recognized labor groups and have reached tentative agreements relative to this item.

At this time, the final step in the approval process is for the City Council, by resolution, to declare Cesar Chavez Day (March 31) as an official observed holiday for the City of Gilroy. Upon adoption of this resolution, this holiday will be added to the City’s official observed holiday list, and going forward City offices will be closed on the designated date.

ADDITIONAL BACKGROUND

Cesar Chavez Day is a federal commemorative holiday and an observed holiday for the State of California since the year 2000, celebrated to honor the enduring legacy of the American labor rights hero. Cesar Estrada Chavez was born on March 31, 1927, to a Mexican American family in Yuma, Arizona. He spent his early years on a farm where his mother worked as a part-time laborer. In the late 1930s as a result of the Great Depression, Chavez and his family moved to California in search of a better livelihood.

Chavez spent most of his adult years fighting for workers’ rights. In 1962, Chavez, along with Dolores Huerta, established the National Farm Workers Association. Chavez passed away in 1993 and later that year he was posthumously awarded the Presidential Medal of Freedom by President Clinton. Cesar Chavez Day was initiated by former President Obama in 2014 and on March 31 of each year community leaders come together to celebrate the life of this American icon and take inspiration from his four decades of selfless service to the workers of the United States.

FISCAL IMPACT/FUNDING SOURCE

Employees work 2080 hours in a fiscal year. The value of pr oviding eight hours of holiday time off is .00385 or less than a ½ percent. While there is no additional hard cost as the non-safety employee is paid the same salary, the time off does carry a non- monetary impact as the employee is not working. The cost to proportionately increase the amount of holiday pay for safety employees is approximately $130,000 annually .

7.4 Packet Pg. 33

NEXT STEPS

Following the adoption of the resolution, staff will finalize side letters to the current Memoranda of Understanding with the City’s recognized labor groups consistent with the direction provided by the City Council and the tentative agreements reached with each labor group.

Attachments:

1. Draft Resolution

7.4 Packet Pg. 34

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF GILROY DECLARING CESAR CHAVEZ DAY
(MARCH 31) AS AN OFFICIAL OBSERVED HOLIDAY

FOR THE CITY OF GILROY

WHEREAS, Cesar Estrada Chavez was born near Yuma, Arizona on March 31, 1927, to a Mexican American family who lost their farm during the Great Depression; and

WHEREAS, Chavez left school and joined his family as a migrant farm worker, traveling throughout California laboring in the fields, orchards, and vineyards; and

WHEREAS, Chavez joined the U.S. Navy in 1946 in the aftermath of World War II and served for two years in the Western Pacific; and

WHEREAS, Chavez began his career in community organizing in 1952 with the Community Service Organization; and

WHEREAS, Chavez founded the National Farm Workers Association alongside Dolores Huerta in 1962 and collaborated with the Agricultural Workers Organizing Committee which later merged to become the United Farm Workers of America, which is still active today; and

WHEREAS, Chavez supported initiatives to benefit farm workers, such as safe working conditions, fair wages, job-training programs, and affordable housing; and

WHEREAS, Chavez passed away in 1993 and later that year he was posthumously awarded the Presidential Medal of Freedom by President Clinton; and

WHEREAS, in 2000, California Governor Gray Davis endorsed a bill to make Cesar Chavez’s birthday a holiday for state employees and schools, and, in 2014, U.S. President Barack Obama proclaimed March 31 as Cesar Chavez Day to “celebrate his courage, reflect on his lifetime of advocacy, and recognize the power in each of us to lift up lies and pursue social justice;” and

WHEREAS, the City Council of the City of Gilroy wishes to commemorate and honor the life and work of Cesar Chavez.

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

1. The City Council of the City of Gilroy hereby declares Cesar Chavez Day (March 31) as an official observed City holiday.

7.4.a
Packet Pg. 35 Attachment: Draft Resolution (4022 : Cesar Chavez Holiday Resolution)

Resolution No. 2022-XX
Declaring Cesar Chavez Day as Observed Holiday
City Council Regular Meeting | November 7, 2022

PASSED AND ADOPTED this 7th day of November, 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

7.4.a
Packet Pg. 36 Attachment: Draft Resolution (4022 : Cesar Chavez Holiday Resolution)

City of Gilroy

STAFF REPORT
Agenda Item Title: Authorize the City Administrator, or Designee, to Execute an Easement Deed to PG&E for a Relocated Joint Guy Stub Pole and Anchor within APN 799-08-051 for the Downtown
Gourmet Parking Lot
Meeting Date: November 7, 2022
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Daryl Jordan, PE, Public Works Director
Prepared By: Gary Heap, City Engineer/Transportation Engineer

Strategic Plan Goals

☐ Develop a Financially
Resilient Organization

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

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

Adopt a Resolution to Approve a Utility Easement Deed to Pacific Gas & Electric Company (PG&E) on a Portion of City-owned parcel APN 799-08-051 within the Downtown Gourmet Parking Lot, and Authorize the City Administrator, or designee, to execute the easement deed.

BACKGROUND

A new easement is required to install PG&E facilities at the new Downtown Gourmet Parking Lot at the northeast corner of Eigleberry and Seventh Street. The easement is

7.5 Packet Pg. 37

required by PG&E to relocate a joint guy stub pole and anchor that are currently in conflict with the Downtown Gourmet Parking Lot improvements. The easement area (shown in Attachment 2 – Exhibit “B”) will be repositioned on property owned by the City of Gilroy. The easement is approximately 100 square feet in area.

ANALYSIS

Staff has reviewed the new easement and proposed facilities and found that they do not conflict with the City’s other utilities within the immediate area. Staff recommends approval of this easement.

ALTERNATIVES

Council may deny the request to authorize the City Administrator, or Designee, to grant the easement to PG&E for the relocation of the joint guy stub pole and anchor. Staff does not recommend this option as this would require the redesign of a portion of the parking lot and would delay its construction.

FISCAL IMPACT/FUNDING SOURCE

There are no financial impacts with this action.

Attachments:

1. Draft Resolution

2. 2211-04-10029 Utility Distribution Easement

7.5 Packet Pg. 38

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF GILROY AUTHORIZING THE CITY

ADMINISTRATOR, OR DESIGNEE, TO EXECUTE AN

EASEMENT DEED TO PACIFIC GAS & ELECTRIC

COMPANY (PG&E) FOR THE RELOCATION OF
FACILITIES WITHIN APN 799-08-051

WHEREAS, the City of Gilroy is constructing a new parking lot, referred to as the Downtown Gourmet Parking Lot, at the northeast corner of Eigleberry and Seventh Streets; and

WHEREAS, an existing PG&E joint guy stub pole and anchor are in conflict with the new parking lot improvements; and

WHEREAS, the new parking lot improvements require the relocation of the joint guy stub pole and anchor to a new location within the same City-owned parcel APN 799-08-051; and

WHEREAS, to accommodate the relocation of the joint guy stub pole and anchor, a new easement approximately 100 square feet in area is required; and

WHEREAS, City staff has reviewed the new easement and proposed facilities and found that they will not conflict with the City’s other utilities within the immediate area; and

WHEREAS, staff recommends that the City grant this easement to PG&E for the placement of these planned facilities.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF GILROY authorizes the City Administrator, or Designee, to Execute an Easement Deed to Pacific Gas & Electric Company (PG&E) for Facilities within APN 799-08-051.

PASSED AND ADOPTED this 7th day of November, 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

7.5.a
Packet Pg. 39 Attachment: Draft Resolution (3997 : PG&E Utility Easement Deed #2 Downtown Gourmet Parking Lot)

Utility Distribution Easement (02/2020)
RECORDING REQUESTED BY AND RETURN TO:

PACIFIC GAS AND ELECTRIC COMPANY
245 Market Street, N10A, Room 1015
P.O. Box 770000
San Francisco, California 94177
Location: City/Uninc Gilroy
Recording Fee $_____________________________
Document Transfer Tax $ None
[X]This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax
Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD# 2211-04-10029 EASEMENT DEED
CITY OF GILROY, a municipal corporation,
hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the right from time to time to excavate for, construct, reconstruct, replace (of initial or any other size), remove, maintain, inspect, and use facilities and associated equipment for public utility purposes, including, but not limited to electric, gas, and communication facilities, together with a right of way therefor, on, over, and under the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situated in the City of Gilroy, County of Santa Clara, State of California, described as follows:
(APN 799-08-051)
The parcel of land described and designated 7360 EIGLEBERRY STREET in the final order of condemnation, wherein City of Gilroy is plaintiff, dated October 24, 2007 and recorded in as Document No. 19675633, Santa Clara County Records.

The easement area is described as follows:

The strip of land of the uniform width of 5 feet, the center line of which is delineated by the heavy dashed line shown upon the print of Grantee's Drawing No. SJL-16119 (Exhibit “A”), attached hereto and made a part hereof.

The foregoing description is based on a survey made by Grantee in October 2022. The basis of bearing used is based on a course between a found spike and washer and found brass disc along the centerline of Sixth Street which course according to the Record of Survey filed for record November 4, 2021 in Book 943 of Maps at Page 16, Santa Clara County Records, has a bearing of North 69°58’44”E and a distance of 337.98 feet.

Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee paying compensation, any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said

7.5.b
Packet Pg. 40 Attachment: 2211-04-10029 Utility Distribution Easement (3997 : PG&E Utility Easement Deed #2 Downtown Gourmet Parking Lot)

Utility Distribution Easement (02/2020)
easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations.

Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities.

Grantor reserves the right to use the easement area for purposes which will not interfere with Grantee's full enjoyment of the rights hereby granted; provided that Grantor shall not place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities.

Grantor further grants to Grantee the right to apportion to another public utility (as defined in Section 216 of the California Public Utilities Code) the right to excavate for, construct, reconstruct, replace, remove, maintain, inspect, and use the communications facilities within said easement area including ingress thereto and egress therefrom.

The legal description herein, or the map attached hereto, defining the location of this utility distribution easement, was prepared by Grantee pursuant to Section 8730 (c) of the Business and Professions Code.

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

The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land.

Dated: ___________________, ________.

CITY OF GILROY, a municipal corporation
By_________________________________
By_________________________________
I hereby certify that a resolution was adopted on
the ____ day of ____________, 20____, by the
_____________________________________
authorizing the foregoing grant of easement.

By__________________________________

7.5.b
Packet Pg. 41 Attachment: 2211-04-10029 Utility Distribution Easement (3997 : PG&E Utility Easement Deed #2 Downtown Gourmet Parking Lot)

EXHIBIT "A"
APN 799-08-060

EXTEND TO OR ALONG BOUNDARIES OR LINES

UNLESS OTHERWISE SHOWN ALL COURSES
PARCEL 1
575-M-51
PARCEL 2
575-M-51
APN 799-08-059

W EST SIXTH STREET
EI
GLEBERRY STREET (Wi
dt
h
7 5')
ROADMONTEREY GOURMET ALLEY (Wi
dt
h
1 8')
Per 943-M-16
and Washer
Found Spike
Per 943-M-16
Found Brass Disc
7360 Eigleberry Street
APN 799-08-051
Doc. No. 19675633
Deed Dated 10/24/2007
a municipal corporation
OWNER: CITY OF GILROY
Tie: S54°40'20"
E 314.33'
Basis of Bearings N69°58'44"E 337.98' Per 943-M -16ALLEY

24.00'
S79°21'06"W
"A"
Detail
See
Not to Scale
Detail "A"
S79°21'06"W 24.00'

UTILITY EASEMENT
C/L 5.00' WIDE PG&E
575-M-51
tagged RCE 13769
Found 3/4" Iron Pipe
Applicant:

SECTION TOWNSHIP RANGE

PLAT MAP

REFERENCES

MERIDIAN

DATESCALE
CITY OF:

DRAWING NO.AUTHORIZDIVISIONPG&E
COUNTY OF:

F.B.: DR.BY: CH.BY:

CITY OF GILROY 1"=50'10-13-2022
SW/NE/06 11 S MDB&M

SANTA CLARA GILROY
N/A KCV2 DAN9
SAN JOSE 35309733 SJL-16119
04 E
O-25-03 (Elec.)

7.5.b
Packet Pg. 42 Attachment: 2211-04-10029 Utility Distribution Easement (3997 : PG&E Utility Easement Deed #2 Downtown Gourmet Parking Lot)

Utility Distribution Easement (02/2020)
State of California
County of )
On __________________________, before me, Notary Public, Insert name
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Seal)
Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s) [ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

7.5.b
Packet Pg. 43 Attachment: 2211-04-10029 Utility Distribution Easement (3997 : PG&E Utility Easement Deed #2 Downtown Gourmet Parking Lot)

Utility Distribution Easement (02/2020)
Attach to LD 2211-04-10029
Area 3 , San Jose Division
Land Service Office: San Jose
Line of Business: Electric Distribution (43)
Business Doc Type: Easement
MTRSQ: (22.11.04.06.13) Las Animas Rancho
FERC License Number(s): N/A
PG&E Drawing Number(s): SJL-16119
PLAT NO.: O-25-03 (Elec.)
LD of any affected documents: N/A
LD of any Cross-referenced documents: N/A
TYPE OF INTEREST: Electric Pole Line Easement (4), Utility Easement (86) SBE Parcel Number: N/A
(For Quitclaims, % being quitclaimed): N/A
Order # or PM #: 35309733-1110
JCN: N/A
County: Santa Clara
Utility Notice Numbers (if applicable): N/A
851 Approval Application No. N/A Decision N/A
Prepared By: kcv2
Checked By: dan9
Approved By: N/A
Revised by: N/A

7.5.b
Packet Pg. 44 Attachment: 2211-04-10029 Utility Distribution Easement (3997 : PG&E Utility Easement Deed #2 Downtown Gourmet Parking Lot)

City of Gilroy

STAFF REPORT
Agenda Item Title: First Amendment to the Agreement for Services with Luhdorff & Scalmanini Consulting Engineers (LSCE) to
Extend Design and Construction Engineering Services
through June 30, 2024 and Increase Existing Agreement by $99,502 for a Total Contract Amount of $719,502
Meeting Date: November 7, 2022
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Daryl Jordan, PE, Public Works Director
Prepared By: Michael Lewis, 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

Approve an amendment with Luhdorff & Scalmanini Consulting Engineers (LSCE) to increase funding by $99,502 and extend the term of the existing agreement for design and construction engineering services, and authorize the City Administrator to execute the amendment and related documents.

7.6 Packet Pg. 45

EXECUTIVE SUMMARY

The City of Gilroy currently contracts with Luhdorff & Scalmanini Consulting Engineers (LSCE) to provide design and construction engineering services for the Potable Water Well Number 9 (McCarthy Well) project. The Engineering Division is requesting that an amendment be approved for additional funding of the project in the amount of $99,502.

Additionally, the Engineering Division is also requesting an extension of t he term to June 30, 2024 as the current term expires on December 31, 2022.

BACKGROUND

The City of Gilroy has undergone new development over the past several years resulting in an increase in demand for water. The City’s Department of Public Works has taken a proactive approach in determining the current level of water use versus the available water supply by producing a Report on Potable Water Demand and Supply for Imminent Development which was presented to Council in November 2018.

Based on the detailed analysis of imminent development, current daily water production, and historical consumption, Council approved the design and construction of a new well to meet the near-future water demand.

On May 12, 2019, the City issued a Request for Proposal s (RFP) to perform the design and construction and engineering services for the McCarthy Well project. The RFP was advertised on the City of Gilroy’s website and in the San Jose Mercury News. Two proposals were received by the June 7, 2019 deadline from the following consultants:

GHD, Inc. and LSCE.

LSCE was selected as the most qualified firm for this project based on their qualifications, thorough project understanding, and their approach to the design and coordination process for the project. On Sep tember 16, 2019, Council approved a contract amount of $620,000 which included a 10% contingency of the initial $562,145 that was proposed.

ANALYSIS

The Engineering Division has historically relied upon consultants to supplement design services to augment City staffing levels. LSCE has been providing the City with design and construction engineering services since September 16, 2019. To this point, LSCE has provided approximately 77 hours of work across all employee classifications including work related to property acquisition, environmental study, site investigation, production well design and construction, pump station design and construction, and permitting assistance from various regulatory agencies such as the State Water Resources Control Board Division of Drinking Water and the Santa Clara Valley Habitat Agency.

7.6 Packet Pg. 46

Several delays have occurred from the start of the project. Foremost among them are delays associated with ongoing supply shortages and other obstacles encountered during the COVID-19 pandemic. The coordination of the Right of Entry Agreement with the property owner to allow LSCE’s subcontractors to enter the property was also a challenge that affected the work schedule.

As a result of the various delays, there have been price escalations from the eight (8) subcontractors and sub-consultants. The Engineering Division would like to continue to utilize LSCE’s services to see this project to completion. LSCE has widespread resources as they relate to staffing and expertise . This gives the City peace of mind when dealing with the complexities that the design and construction of a project like this can present. Currently, the City does not have the necessary resources to complete these tasks without assistance. LCSE can continue to provide these resources with Council’s approval. The Engineering Division would like to extend the current contract term to June 30, 2024.

LSCE is providing a Principal Professional, Supervising Professional, Project Professional, Staff Professional, Staff Professional (Prevailing Wage), AutoCAD Programmer, and a Clerical Professional along with eight subcontractors to perform the work outlined in the scope. With the recent increases anticipated, a revised cost is being proposed below:

Description Cost
Initial Contract Amount w/Contingency $620,000
Proposed Contract Amount $654,093
10% Contingency $65,409
Total Increase $99,502
Revised Contract Amount $719,502

ALTERNATIVES

Council could reject the amendment. Not awarding the amendment would leave t he Engineering Division in a predicament as the Department does not possess the staffing resources to perform design and construction engineering services for this project. The Engineering Division would not be able to sustain this project without additional resources, therefore, this option is not recommended.

FISCAL IMPACT/FUNDING SOURCE

LCSE’s updated cost for design and construction engineering services for the McCarthy Well project is $654,093. Staff recommends including a 10% contingency of $65,40 9, addressing unforeseen issues that may arise during the design process, for a total contract of $719,502.

7.6 Packet Pg. 47

Funding for this project will continue to be drawn from the Water Development Impact Fee Fund (Fund 436). There are adequate funds and budgetary appropriations available to accommodate this increase in the Water Development Impact Fee Fund.

NEXT STEPS

Upon approval of this contract, staff will finalize the process with LSCE, and work will continue on the McCarthy Well project.

Attachments:

1. First Amendment - Contractor Signed

2. LSCE Contract

7.6 Packet Pg. 48

7.6.a
Packet Pg. 49 Attachment: First Amendment - Contractor Signed (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

7.6.a
Packet Pg. 50 Attachment: First Amendment - Contractor Signed (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

AGREEMENT FOR SERVICES
For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this September day of 16, 2019, between:

CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California
and CONSULTANT: Luhdorff & Scalmanini Consulting Engineers, having a principal place of business at 500 First Street, Woodland, CA 95695.

ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on 9/20/2019 and will continue in effect through 12/31/2022 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. 5 . L .

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

7.6.b
Packet Pg. 51 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

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 $562,145. , 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 4835-2267-0361A _2_ LAM04706083

7.6.b
Packet Pg. 52 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

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

7.6.b
Packet Pg. 53 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

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

7.6.b
Packet Pg. 54 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

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 frilly, 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 4835-2267-0361v1 _5_ LAC\04706083

7.6.b
Packet Pg. 55 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

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

B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ("the Act") in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either.
4835-2267-0361 v1 _6_ LAC104706083

7.6.b
Packet Pg. 56 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

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 party may be entitled.

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

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

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

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

No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. 4835-2267-0361 v1 _7_ LAC\04706083

7.6.b
Packet Pg. 57 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

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.

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

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

L. Waiver
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.

CONSULTANT:

Luhdorff & Scalmanini Consulting
Enaineers
By:.a--..

Name: Scott Lewis
Title: Principal Geologist
Social Security or Taxpayer
Identification Number 201984423
Approved as to Form
Citv Attornev I
i -
4835-2267-0361A -8-
LAC\04706083
CITY:

CITY OF GILROY
By: .........................

Name: Gabriel A. Gonzalez
Title: Citv Administrator
MA

7.6.b
Packet Pg. 58 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

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 Jason Coleman, 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, Faranak Mandavi 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 _1 _ LAC104706083

7.6.b
Packet Pg. 59 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

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

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

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

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

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

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

C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. 4835-2267-0361v1
LAC104706083

7.6.b
Packet Pg. 60 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

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

E. NO PLEDGING OF CITY'S CREDIT.

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

F. OWNERSHIP OF MATERIAL.

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

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

G. NO THIRD PARTY BENEFICIARY.

This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever.
4835-2267-03610 _3 _ LAM04706083

7.6.b
Packet Pg. 61 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

H. NOTICES.

Notices are to be sent as follows:

CITY: Faranak Mandavi
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Jason =
tln
500 First Street
Woodland, CA
95695
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.

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.

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.
4835-2267-0361 v1
LAC104706083

7.6.b
Packet Pg. 62 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

J. PREVAILING WAGE.

CONTRACTOR agrees and acknowledges that it is its obligation to determine whether, and to what extent, any work performed is or any workers employed relative to any construction to be performed under this Agreement are subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of CITY and the laws of the State of California and the United States, including, without limitation, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage requirements ("Prevailing Wage Laws"). To the extent Prevailing Wage Laws apply to work performed or workers employed for the purpose of performing work under this Agreement, CONTRACTOR shall fully comply with and ensure that all workers and/or subcontractors are informed of and comply with all Prevailing Wage Laws and specifically any applicable requirement of California Labor Code Sections 1720 et seq. and 1770 et seq. and the regulations thereunder, which require the payment of prevailing wage rates based on labor classification, as determined by the State of California, and the performance of other requirements on certain "public works" or "maintenance" projects. It is the duty of CONTRACTOR to post a copy of applicable prevailing wages at the job site. Prevailing wage information may be obtained at www.dir.ca.Rov .
5-

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Packet Pg. 63 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

EXHIBIT "B"

SCOPE OF SERVICES
4835-2267-0361v1
LAC\04706083 -1-

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Packet Pg. 64 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

CITY OF GILROY

SCOPE OF WORK
July 18, 2019
LSCE has reviewed and understands the project as outlined in the City's RFP. The Scope of Work identified in the tasks below addresses all the core objectives described in RFP. Claricationsand additions to the Scope of Work have been made below per the Citls request after City review of LSCE's original proposal All revisions are show in italicized textfor reference.

Task 1 - Project Coordination, Meetings, and Administration Task 1.1- Kickoff and Information Request
LSCE's work on the project will begin with a kickoff meeting with City staff and key LSCE team members to discuss the various aspects of the project. Items such as contact information, chain of command, the City's project expectations, respective roles and responsibilities, schedule, design preferences and parameters, and site constraints shall be discussed at the kick-off meeting. Following the meeting, LSCE will provide the City with a list of requested information.

Task 1.2 - Project Coordination, Meetings, and Administration Key LSCE team members will attend regular design meetings with the City to discuss various aspects of the project. For each meeting, LSCE will prepare and distribute meeting agendas, minutes, and action item summaries. LSCE will also provide frequent updates via email or telephone throughout the project as needed. This task also provides for project management and administrative activities such as: (a) Contractual Arrangements, (b) Ongoing Examination Regarding Adherence to The Scope, Budget, and Schedule, (c) Coordination of Staff Resources (d) Internal Review of Work Products, (e) Management of Subcontractors, (f) Billing Review, and (g) Scoping and Budgeting.

Task 2 - Property Acquisition and Permitting Assistance Task 2.1- Property Acquisition
LSCE will communicate and work with the property owner to acquire the property with the assistance of a licensed commercial land appraiser. This task includes the effort required to negotiate with the property owner regarding the value and dimensions of the new property site for the new proposed pump station, conducting of an independent appraisal of valuation of the approximately 14,450 sq. foot split lot area boundary line locations provided by City) within the existing 53,925 sq. foot lot, provide right of way acquisition for the new proposed site, and prepare a legal plat and description of the new parcel. LSCE assumes the services of an attorney for litigation or legal support is not required for the transfer of ownership of the property.

Task 2.2 — Permitting Assistance
Through our work on numerous projects in the past, LSCE has developed a good working relationship with the State Water Resources Control Board — Division of Drinking Water (SWRCB-DDW) and other regional permitting and regulatory entities in the area and can assist in expediting all necessary applications and supporting permit documents in a cost-efficient manner. LSCE envisions the following permitting activities will need to be undertaken to complete the project.

SWRCB-SWRCB-DDW Siting Concurrence: LSCE believes that early communications with SWRCB- SWRCB-DDW is essential to address any concerns that the agency may have regarding well siting and design before preparation of project plans and specifications. After approval of the well design by the City, LSCE will prepare an initial SWRCB-DDW submittal document requesting siting and design concurrence for the new well based on compliance with SWRCB-DDW and Department of Water

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Packet Pg. 65 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

Resources (DWR) regulations. The initial submittal will include a monitoring well profile, monitoring well water quality summary, preliminary well design, site layout, location may, map indicating location and distances of sanitary features from the proposed well location, delineation of wellhead control zone, and the preliminary Drinking Water Source Assessment Protection (DWSAP) Report.

SWRCB-DDW Water Supply Amendment: LSCE will interact with the SWRCB-DDW and the City for completion of a draft and final water supply permit. LSCE has completed numerous water supply permits and fully understands the SWRCB-DDW process and required submittals. A draft water supply amendment will be submitted to the SWRCB-DDW following construction of the production well. The draft water supply amendment package typically includes submittal of the well datasheet, well driller's logs, well completion report, well test data, DWSAP report, and Title 22 water quality results. Following final completion and acceptance of the project, LSCE will assist the City with preparation of the final SWRCB-DDW amended water supply permit which includes all documents from the draft watersupply amendment submittal and preparation of the permit application, As -Built drawings, well pump specifications, bacteriological test results and a facility operations plan. The SWRCB- DDW no longer charges a fee for filing of the watersupply amendment package.

CEQA: LSCE envisions the project may meet the requirements for a California Environmental Quality Act CEQA) categorical exemption, however, LSCE is prepared to develop an Initial Study/Mitigated Negative Declaration (IS/MND) with a "Notice of Completion". Mitigation measures will be incorporated into the project to reduce potential environmental impacts. A draft Mitigation, Monitoring, and Reporting Plan MMRP) will be prepared to ensure that each mitigation measure adopted as a condition of project approval, will be implemented. LSCE anticipates significant archeological or biological impediments are not present on or near the project site and therefore the Initial Study will only include a cursory review of the site biological resources and cultural resources and not require a full reporting and assessment effort.

Other Permitting Activities: LSCE will contact applicable agencies as needed to establish permitting requirements and prepare all permit documentation required by the Santa Clara Valley Habitat Agency SCVHA), Santa Clara Valley Water District (SCVWD), South County Regional Wastewater Authority (SCRWA), Bay Area Quality Management District (BAQMD), and Regional Water Quality Control Board (RWQCB). LSCE assumes the general contractors assigned to construct the well and well pump station will pay all specific permitting fees required City of Gilroy, County of Santa Clara, SCVWD, SCR WA, and R WQCB. LSCE assumes the City will pay the permit fees for the BAQMD (estimated to be no more than $1,000).

Task 3 — Site Specific Investigation
Task 3.11nitial Site Assessment
Well Siting Review: LSCE will complete a thorough onsite inspection/assessment of the site. Specifically, LSCE will evaluate the well site related to siting and constructability of the new well and with regards to SWRCB-DDW setback distances from sanitary features and control zone requirements. Specificitems to be assessed will include:

Site Size
Site Access
Minimum setback distances from sanitaryfeatures per DDW regulations Land Use —Site and Vicinity Seasonal
Ground Conditions Location
Relative to Distribution System Location
Relative to Utilities Equipment
Layout Water
Supplyfor Drilling Fluids
Disposal Cuttings
Storage and Disposal

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Neighbors
Need forSound Attenuation
Safety/Security
Hydrogeologic Review: The goal of the hydrogeologic review is to determine probable yield, water quality, the anticipated well depth, screen intervals, static and pumping water levels, specific capacity, and water level impacts to nearby wells due to pumping of the new well. LSCE will collect, review, and utilize available data and information to refine our conceptual hydrogeologic model of the Gilroy area to preliminarily characterize site specific conditions (well depth, water quality, yield) at the well site. LSCE will utilize the following sources of data and information to refine our understanding of the project area:

Well Construction Details, Water Quality, Water Levels, and Well Performance of City Wells and other wells in the Vicinity of the Project Area
State of California Water Well Drillers Completion Reports Santa Clara Valley Water District (SCVWD)
Reports Prepared for the City by Others
Hydrogeologic Reports Prepared by California Department of Water Resources (DWR), United States Geological Survey (USGS), California Department of Oil and Gas, and Others California State Water Resources Control Board, Division of Drinking Water (DDW) Previous Work Completed by LSCE
Local Drilling and Pump Contractors
Evaluation of Potential Impacts to Groundwater Quality: LSCE will investigate possible sources of groundwater contamination in the vicinity of the project site. LSCE will evaluate available information on possible sources of contamination and use this information and other references to address source water protection as required by the DWSAP program. LSCE will prepare a preliminary DWSAP document for the well site. LSCE will review information from the following sources:

Santa Clara County Environmental Health Department
Geo Tracker
California Department of Toxic Substance Control (DTSC) Environmental Data Resources, Inc. (EDR)
Sanborn Maps
Task 3.2 Test Hole and Monitoring Well
Task 3.2 will include test hole drilling and monitoring well installation. A test hole will be drilled to collect lithologic samples for analysis, and to conduct down hole geophysical surveys that will be used to design the new production well. The preliminary test hole depth will be based on the information developed as part of Task 3.1.

LSCE will provide subcontracted test hole drilling services from a licensed drilling contractor and will oversee the work to ensure that it is performed in accordance with our stringent specifications and high expectations. LSCE will require that the drilling contractor contains all fluids and cuttings generated by drilling operations and properly dispose of those materials at an appropriate facility.

LSCE will provide documentation and sampling services during the drilling process including a drilling log, geological samples at a minimum of 10foot intervals, geophysical (electric) logs, and sieve (grain size) analysis. If the nature, depth, and thickness of aquifer materials from the test hole are favorable, LSCE will recommend converting the test hole to a multiple -completion monitoring well. A typical monitoring well may include up to three, 2-inch diameter polyvinyl chloride (PVC) piezometers, completed in different zones. The screen section(s) of each piezometer will be isolated from one another using intermediate bentonite seals allowing for discrete water level measurements and water quality sampling. LSCE will oversee the construction and development of the monitoring wells. After development of the monitoring wells, LSCE will mobilize a sampling rig and collect water samples from each piezometer and submit to a state certified laboratory for Title 22 Drinking Water analysis. and other constituents of

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concern in the area.

Task 3.3 Well Design Recommendation Report
LSCE will prepare and deliver to the City an Investigation Summary and Preliminary Well Designs report that will summarize the findings of the site assessment and site characterization work performed as part of Tasks 3.1. The report will include:

A summary of all field activities associated with test hole drilling, monitoring well construction and development, and water quality testing
A lithologic log based upon interpretation of collected lithologic samples and geophysical logs Geophysical logs
Grain size distribution charts of selected formation samples Monitoring well as -built diagram
Daily inspection sheets
A summary of water quality results and analytical reports Copies of all project permits
Copy of Well Completion Report
LSCE will prepare preliminary production well designs based on data gathered during test hole and monitoring well evaluation and our experience in the area. The principal design elements to achieve a hydraulically efficient and sand - free well include:

Borehole and casing depths and diameters
Casing material type(s)
Screen placements
Screen type and material
Accessory pipe depth, material, and diameter
Casing and screen wall thickness
Gravel pack gradation
Screenslotsize
Seal depths
The report will include a drafted preliminary well design profile and conceptual site layout. The design elements of the well design and yield estimation will be discussed in the report. An engineer's estimate for the construction and testing of the well will be included in the report.

LSCE will meet with the City to discuss the results and findings of the test hole/monitoring well investigation and new well design recommendations. LSCE will incorporate the City's design comments into the final well design.

Task 3.4 Siting Concurrence
After approval of the well design by the City, LSCE will prepare an initial SWRCB-DDW submittal document requesting siting and design concurrence for the new well based on compliance with SWRCB- DDW and DWR regulations. The initial submittal will include a preliminary well design, site layout, location may, map indicating location and distances of sanitary features from the proposed well location, delineation of wellhead control zone, and the preliminary DWSAP Report.

LSCE will prepare DDW submittals for the preliminary and final amended water supply permit under Task 5. The preliminary water supply permit includes well design information, site plan, preliminary DWSAP, and CEQ4 documentation. The Final water supply permit submittal will include updates to the information from the preliminary submittal in addition to the Operations Plan, well and chlorination data sheets, an engineering report, and final As - Built diagrams.

Task 4 - Production Well Design and Construction

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Task 4.1— Production Well Construction Specifications
LSCE will prepare specifications that will include detailed construction requirements that must be followed by the well drilling contractor during every phase of the project, including the minimum acceptable methods for drilling fluid control, well development and testing, and performance standards.

Other site -specific items will include requirements for containment and disposal of drill cuttings and handling of discharge water during development and test pumping in accordance with applicable local, state and federal regulations.

Task 4.1 also includes interaction with regulatory agencies such as DDW, the City of Gilroy, County of Santa Clara, Santa Clara County Department of Environmental Health, and the SCVIND related to permitting for drilling, construction, and testing of the new well. Permits and plans that are typically required for a well installation project include drilling, discharge, water supply, encroachment permits, storm water pollution and prevention plan (SWPPP), and traffic control plans.

LSCE will prepare a complete set of specifications (Special Provisions and Technical Specifications), drawings in AutoCAD V10, and a bid sheet suitable for the solicitation of competitive bids. LSCE will provide a draft copy of the specifications and plans to the City for review. Upon acceptance by the City, LSCE will provide the City with the final specifications for incorporation with the City's front-end contract documents and forms for solicitation of bids. LSCE assumes that the City will contract directly with the selected contractor for the construction and testing of the wells.

Task 4.2 — Production Well Construction Bidding Assistance LSCE will provide the City with a list of at least three qualified drilling contractors to solicit bids from for the well installation project. LSCE will conduct a mandatory pre -bid conference for prospective contractors with the City and LSCE project managers present. LSCE will prepare any required written clarifications and/or addendums to clarifythe scope for bidding purposes.

LSCE will review and tabulate all formal bids to ensure responsiveness with the contract requirements. A thorough background check on qualifications and references will be conducted on the lowest responsible bidder and the findings of thatreview will be discussed with the City. LSCE will prepare a formal summary of the bid review and a recommendation for award to the lowest responsible bidder.

Task 4.3 — Well Construction and Testing Oversight Services As part of our inspection and oversight duties, LSCE will verify that all aspects of the project are carried out as set forth in the project specifications and according to accepted well drilling practices. LSCE will notify the contractor regarding lack of compliance with the project specifications or accepted water well drilling practices and, as the City's agent, will identify corrective measures to be implemented. LSCE will immediately stop work on the project if there are any safety, property damage, or permit violation concerns. LSCE will document all aspects of the project, including inspection items, calculations, and communications with the contractor and other involved parties. LSCE will provide frequent updates to the City via email, phone, and in person, if requested in addition to regular weekly updates.

Pre -construction Conference: LSCE will conduct a preconstruction meeting to address any final logistical questions and confirm the Contractors understanding of the project requirements before operations begin.

Well Location Verification: LSCE will verify the location of the planned well before drilling commences.

Mobilization/Site Preparation Inspection: LSCE will ensure that the contractor is set up per specifications and has all the required equipment/materials onsite before drilling operations begin.

Conductor Casing: LSCE will witness conductor/surface casing installation and grouting operations Borehole Construction: LSCE will monitor drilling operations and drilling fluid control to insure minimal

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Packet Pg. 69 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

formation damage.

Materials Inspection: LSCE will inspect and verify that all materials are as specified and in good condition.

Casing Installation: LSCE will witness borehole conditioning and casing assembly installation.

Gravel and Annular Seal Placement: LSCE will inspect gravel and seal(s) installation and estimate final quantities to be installed.

Well Development and Discharge Monitoring: LSCE will witness initial well development techniques with the drilling rig, final development of the well by pumping, and compliance with all discharge requirements.

Well Testing: LSCE will witness acceptance tests for minimum sand production and maximum well efficiency, monitor well pump tests, and evaluate well performance in order to develop pump design criteria.

Video Inspection, Plumbness and Alignment Testing, Well Disinfection: LSCE will witness video, plumbness and alignment testing, and final well disinfection.

Cleanup: LSCE will verify contractor's compliance with site cleanup and well security requirements.

Payment and Acceptance: LSCE will review all invoices for accuracy and make recommendations for payment and for final acceptance.

Well Construction Summary Report: LSCE will prepare two bound copies of a Well Construction and Testing Summary Report.

Task 5- Pump Station Design and Construction
Task 5.1— Preliminary Pump Station Design Activities
LSCE will meet with and conduct a site visit with City personnel to discuss the overall pump station project design requirements, construction concepts, and site constraints at both pump station sites. The primary goal of the site visit is to discuss design elements needed to serve the new facilities including, new water supply connections, storm drain pump -to -waste (overboard) operations, building sewer, electrical service, radio communications, access controls, etc.

Task 5.2 — Obtain Survey Basemap and Geotechnical Investigation Completion of a topographic survey basemap in ACAD format will be needed for the project site. The basemap will be used for preliminary layout of the pump station that in turn will be used for preparing the final bidding plans. LSCE will also solicit the services of a geotechnical sub consultant to perform geotechnical exploration and preparation of a geotechnical engineering report required to develop the project design drawings/specifications.

Task 5.3 —Pump Station Design and Construction Specifications This task covers the scope of work required to prepare the engineering plans and technical specifications for the project, consisting of a well pump and motor, motor control center, discharge piping, chemical treatment systems, standby diesel generator, instrumentation, electrical control panels, SCADA communication, CMU block building to house the above ground components onsite and other required site improvements. The design will also address all other site modifications and improvements including grading, drainage, paving, fencing, painting, etc. The design will be completed at 30%, 65% and 100% stages and an Engineer's Estimate of project construction costs will be prepared with each design phase.

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After review of each design phase by the City, LSCE will prepare the complete set of plans and specifications for the subsequent design stage, incorporating any comments received from the City in the previous design review.

Task 5.4 — Pump Station Bidding Assistance
LSCE will provide a list of a minimum of five (5) general and specialty contractors who may be interested in bidding on this project, for the City's review and approval. LSCE assumes the City will prepare and distribute advertisements for bids in newspaper, Builders Exchanges, and other media. LSCE will assist the City with preparing any required written clarifications and/or addendums to clarify the scope for bidding purposes.

Task 5.5 — Pump Station Construction and Commissioning
LSCE's approach to providing construction support services involves a close relationship with construction timing, schedule, progress and administrative processes so as to not delay progress. LSCE will act on behalf of the City and work in close coordination with the City's assigned project manager.

LSCE assumes the scope of construction period services include the following:

Pre -Construction Meeting: LSCE will hold a pre -construction conference to discuss the baseline schedule and the procedure for construction progress, RFls, status of submittals, and any miscellaneous items throughout construction. A formal agenda and meeting minutes documenting the status of the construction meetings will be prepared.

Construction Staking: LSCE will coordinate with the surveyorto provide the Contractorwith an initial set of construction staking for the well and pump station site, including building corners for both sites. LSCE assumes no more than 2 site visits are required by the surveyor for construction staking.

Submittal Review: LSCE will complete the review and transmittal of technical submittals provided by the general contractor. A submittal spreadsheet log will be maintained for use in tracking and documenting submittal review.' SGE ^ e than 49 a-brxiVcJ.o rgi11 Reed +^ he Fed approved Requests for Information: During the construction period, the general contractor will ask questions on details of the contract, substitutions, and alternative approaches that are best answered by the designer.

LSCE will review questions and provide written clarifications. SCE uccurNoc na-merc than 15 Change Order Assistance: LSCE will assist in the preparation of any necessary field instructions and change orders. Anticipated assignments may include: preparing requests to the general contractor for proposals for extra or changed work; review of contractor requests for change order to determine if work proposed is considered extra work; opinion of probable construction cost; and, review and negotiation of cost estimates. L-Sr-ii -Re mara "n 5 change erdeF-q V.411 .,o,,,1 W be On - site Inspections: LSCE will provide scheduled on -site milestone inspections including special inspections for electrical, structural and mechanical components. LSCE will prepare an inspection report for each site -visit indicating the date and times, people on -site, material delivered, work completed, and corrections noted. LSCE assumes the following milestone inspections will be required which include: Civil/ Mechanical Engineer Support (6 site visits) Furnish
an engineer for field observation of station layout/grading; pedestal construction and well pump installation; station piping/valving installations; transducer installation; utility service lines/ conduits and ventilation system construction; chemical feed equipment installations; and other site improvements. Structural
En,pineer Support (4 site visits) Furnish
an engineer for field observation of construction of pump station building components

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including the rebar for the concrete slab, CAPIU wall, and roof trusses for the pump station building.

Geotechnical Engineerinq Services (6 site visits)
The work will include observation of major excavations, grading, and fill areas to confirm that material encountered is consistent with assumptions developed during the design. Observe and advise field staff on unusual, questionable, or unanticipated soil conditions. Perform compaction testing of earthwork for pad/footing subgrade and utility trench backfill operations, and concrete breaktesting.

Electrical Enqineerinq Support (4 site visits)
Inspection of conduit routing, equipment anchorage, control and distribution panel configuration and electrical switchgear will be performed. Also included in this task will be to inspect the electrical for "green tagging" for power company electrical service connection.

Startup/Commissioning (4 site visits): LSCE will oversee and be responsible for the approval of the contractor's startup and commissioning activities for a fully functioning and operable facility, including all equipment acceptance testing, communications and programming, and close-out permitting requirements. This process will involve coordinating the general contractor, sub -contractors, systems integrator, equipment manufacturers, City staff and regulatory agencies. A preliminary site inspection will be conducted during startup/testing & commissioning of the pump station, in which LSCE will prepare list of incomplete construction items (punch list) for the general contractor to complete prior to final acceptance of the project by the City. Hydraulic performance acceptance testing will also be conducted to ensure the completed down hole pump assemblies at both sites operate as warranted by the equipment manufacturer and to ensure the pump station is operating at the flow rates, pressures and efficiencies for which the entire facility was designed.

As -Built Drawings. At the end of the construction phase of the project, LSCE will modify the project drawings into a set of project Record Drawings based on field changes and red line markups from the general contractor and LSCE construction managementstaff. Record Drawings and Operation & Maintenance manuals will be provided to the City after they have been reviewed and approved by LSCE and the City. Digital copies of the record drawings and technical specifications will be provided for City records.

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EXHIBIT "C"

MILESTONE SCHEDULE
4835-2267-0361 v1
LAC104706083

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EXHIBITC- MILESTONE SCHEDULE City Dl Gilroy McCarthy Well Project re 1-112/2019)
10 ITmkN..e iDuratipn Nun !Finish 15119 1)/19 18/19 19/19 130/19111/19112/1911/20 12/2013/20 14/2015/20 16/2017/20 18120 19/20 110/20111/20112/2011/21 12/2113/21 14/2115/21 16/2117/21 Pro, —Due 1100 PM1 Iday fin/19 6/7/19 6/7"
3 SeleNon of Cpnsulnnt ltlay ]/3/. ]/3/19 7/3
P • r :idli J6.i: ild:a51
5 Netice tp Pmceed !day ]0/1/19 SO/1/19 10/1
6 Prplect gkknlf Meeting Ltlay 10/B/]9 10/8/19 10/8
g CEOA Investlptlpn CwM 10/9/te 11/5/19
9 Eletltlnl5ervice 80Pgaatlpn ewkt I/e/eo 3/3/2o I
10 Prep,,D.ft Wate ppty—RDocuments 3wks 1/21/. 2/18/2e I will lI Complete Final Water Supply Permit 3wks 7/5/21 7/23121 13 Sile Rssessmenl iw4s 10/9/19 10/22/19
l4 Pmperty Rc9uit— 4wks 10/9/19 St/5/l9
l5 Nytlrogedpgiclnvettlgatlon — I1/6/19 12/31/19
lfi GepRNninl MvesOgatlpn 4wks 1t/fi/l9 12/3/19
17 5unW, — 11/6/19 12/3/19 I
10 r
Well Design Recommendation Report w 1/1/20 1/20/20 I
21 UN Review d Design Recommendation&Meeting w 1/29/20 2/Ie/20 2w s 3/19/20 3/3/20
eld Pedatl gentling with {itl Award) 3wks 3/4/20 3/24/20 i5 UN Review, CpnVavorinsunnce,-d, rnn[ntt 3 moos 3/25/20 6/I6/20 I 26 N-e to Proceed 1 tlay 6117/20 6/1]/m I 6/1T
2B well CpnsWalpn 0.._--•Er13/l0 all/Ll
r' i..ui° •' 21.4g uJij" I GL1L'L
Prepantlon p130%Oesiga sPea.451va and Cea FstimaR s5n3n We/19 t17M 1 32 UryRevlew of 30%0esign &Meelin{ 3wks 1/0/20 1/20/20
33 Prepantlpn pl65%Design, 5pedfintlons, and Cast Fstlmate 4wks 1/29/W 2/15/20 34 GWRevlewof65%0esi8n&MeeVn{ 3wks 2/26/20 3/17/20
35 Prep—d-pf100 —191, Speciilnlions•and Cost EAimate Iwks 3112120 3/31/20 36 UryRevlew o11009F Design&Meetlng 3wks 8/13/20 9/2/20 37 PrepanUan o101d Set 0esign. Spev6nllons, and Con Enimale 2wks 9/3. 9/16/20 muzus
Pedod (ending with BM 4wardl w4s3mons 9/17/M 10/14/20 I Cary peview, [entrattorimunnce, bends• —1— 10/15/20 t/6/M i 41 Iilc t. PI—d 1day 1/7/21 1/7/21
0 a:
4 Gndine; Formwork and Compaction fiwks 1/8/21 2/18/21
4 Sub{-d..er, Smrm, Sewer• and Flec 1Work ewks 118121 314/21 I 46 Fpunda0 —Slab fiwks 3/5/11 4/15/21
47 MU Bulltling 2— 4/16/21 4/29/21
40 ci- Palnlin&and Sile lmpnvemenV 6— 4/30/21 6/10/21 I 49 Pu,'.. .- 2— 4130/21 5/13/21 I
50 M[C Ins1311a1ion 6wks 4130/21 eit=t I
12 1.a p, CommVVodn&and Pu.6iai 3wM 6/11/21 110, I
53 final Pralect Meeting/ loner of 8cceptana 1day 7/2/21 7/2/21 I luhrlprn 6
sSu[ ontni
l e/21
1 1
I
I

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EXHIBIT "D"

PAYMENT SCHEDULE
4835-2267-0361v1
LACk04706083

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EXHIBIT D- PAYMENT SCHEDULE AND HOURLY RATES
LSCE's estimated cost to complete the scope of work outlined in our proposal was based on our understanding of the project and what would be typically expected to complete the tasks described based on our prior experience. The cost estimate assumed the following:

The City will provide daily inspection services during construction of the well pump station and LSCE will provide milestone inspections as identified in the workplan.

Prevailing wage rates for applicable work for LSCE personnel and subcontractors SWPPP is not required as the planned project will disturb less than 1 acre.

LSCE will retain the test hole driller and pay for monitoring well Title 22 water quality analysis.

General Conditions, Supplemental General Conditions, and other "front end" specifications will be prepared by City staff.

Design documents will conform to the City's standards.

The City will pay all permitting fees.

Exhibit D includes detailed estimated project costs that includes hours per LSCE work tasks and subtasks, billing rate by employee classification, estimated subcontracted costs, and miscellaneous expenses. LSCE will invoice monthly on a time and materials basis as incurred for labor, materials, and subcontracted services in accordance with our 2019 Schedule of Fees for Engineering and Field Services.

LSCE's 2019 Labor Fees shall remain in effect forthe full contract period (project completion).

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EXHIBIT D - PAYMENT SCHEDULE AND HOURLY RATES
Client
Project
CIty of oy
McCarthyarthyWell Pump StaBanProject Estimated Costs for Design and Construction of Luhdorff LSCE No. Est.

By 19.
5-060 JC,
SL City
of Gilroy - McCarthy Well Pump Station Scalmanini Date
6172019 Consulting
Engineers Principal
Supervising Project Stan
William
Merkel Staff
Professional Elecnlcal Power NorthSl., Hanna Brunetti AutoCAO Clerical Associates ENOEO
Valbrldge Roadrunner Drilling CLS (Water Test
Hole l Direct Expenses Professional
Professional Professional Professional (Prevailing Systems (Electrical) Consulting (CEQAI (Surveying) Geotaehnieal) (Appraiser) Quality) Task I Oescrlotion Task
1 -Project Coordination, Meetings, and Administrati Tnk Howa Task

1.1 - Kickoff and Took
Cod Information
Request ob.
d Espa.an Sub
Con.ulbni eubToh
Task

1.2-Project Teak
Hours Tsakcosl
Coordination,
Meetings, olnol&son... and
Administration sub c.nmibnl BubTobfTask
2 -Property Acqulsltlon and Permlding Assistance Wage) ( Structural)
Monitoring Well, 200 $
170 $140 $167 $130 S75 Incurred' Incurred' Incurred' incurred* Incurred' IncurredIncurred' Incurred' Incurred Summary 2, 400 ...,, .,._
Z' _.. 2.
522..
0 50.,._.. 336 50, R 15E1 - I 8.430 160 $160
I I
SO U M. ..$
22401..
o .....
s0 4l 0
B,SB
56 S1.
680-...

55.600 30.. I 9,
820
486 $4B0
SO 10,
300
Total Task
Cost Estimate $18,890 T.ak
Houn 0 8) 0 0 0 y, Taek 2.
1-Pro party T..k
cost 0 1.60G 0 SO SO SO 0 Acqulsltlon Espcored.
n.
mn
Sub
Comulbnl
9ubTabl a
Took
Hours
8 1' 40 78 0 0 0 Task 2.
2- Per mitting Task con

1.680 3.2001 6.800 510:920 s0 01 s0 Assistance ou.'
tE.uns.. flub Dons.
banl I Su .
lal
Task 3 -
Site Specific Investigation Took Hourg
10 0 12 16 0 9 Task 3.
1-Initial Site I Task Cml 2.100 0 2.040 2.240 0 Sri 1d Assessment I 1 Sub ...
ul I Sub C.mbnl 1 SubTaal
Took Hour.
17 0 8 19 120^ Q Taek 3.
2-Test Hole and I Took Cost 2.520 0 1.360 2.240 20.040 C SO Monitoring Well I Olr.
d a.pem.s Sub Con.
ulbnl SubT.bf
1 I Tad
it.un -- 9 0 12 1d 0 Task 3.
7-Weil Design 1 To. co.l 1.680 Sd 2'040 1,400 s0 Recommendation Report I oir.d Exp.rrsag oualde Servlc.

I, I 6ubTobf
1 Took
Hour 11 0 s 8
0 pg d Task 3.
4-S[tin g 1 Task co.f 2.520 s0 680 1, 120 0 f(1 R300 --- Concurrence 1 I
DOW
Eapan.
us Cubid. S. ...
1 6.
bT.bl I r Task 4-
Production Well Design and Construction I T..

N Hour. Task 4.
1- Production Wall l Taak Cosi $1. Construction Dbad
Espana, Specifications sub
C.-Its. l SubTobl Took
Hourg
Task 4.
2-Production Well Ta.k cool $2. Construction Bidding
Ur."Espana., Assistance sub
Can.ue.nl eubTolal Took
H.-
Task 4.
3 -Well Tmkcul $5. Construction and
Testing oboct Won... Oversight Services
sub Conoulbnl Sul,Tobl
Task 5-
Pump Station Design and Construction To.), Hour
Task 5.
1-Preliminary Took co' Pump Station
Design Dire., Exp.ns.' Activities Sub
C.neulbnl 6ubTobl Taak
How.

Task 5.
2-Obtain Survey Tusk cod BasemaIS and
Dhm Esp.n.es Geotechnlcal Investigation
sub Coneulbnl SubT.b1
Took Hour.

Task 5.
3-Pump Station Tusk coal Design and
Construction I oir.ot Esp.ns.. Specifications I
Sub C.-Itonl I 6ubTobl
Task Hour,
Task 6.
4-Pump Station C.l Bidding Assistance
obulEok I
Sub
Cansulbn SubT.bl
T.4
Hour' Task 5.
5-Pump Station I Tu.k C.el Construction and
I Dbect al)-n... Commissioning I
sub C.n..lbrd I SubTehl
3„450 $

4.800 8.050 9,65014222.
600
250 250

37.927

37.927 560,777
Total Task
Cost Estimate 570,427 38 6,
380
160 150
0 6,
540k15626.
1Go
2,400

2.400 1100001 $4.
000 114,000 142.5603055.
120
0 S01
28 4,
620
r - a
B 0
680 $0
12 0
520 $d
12 2
040
10 51.
700
8 51.
120
0 SO
01 0
OI SO
I o
n
0 $0
0 S0
0 24
0 040 $0
32 5.
440
40 5,
600
200 33.
400
0 Sn
s0

4. 620TotalTask
Cost Estimate $16.260 4.840
0 1SOs4,84020s16d
4,
220
160 0
4,
380
I 296

49.480
1 2,
40d I 52,400 4,000
4,000 5518:1
Total Task
Cost Estimate 1.5.100 o 90
14,070
100 so
s1a,
nD
I 12
1,840
0 515.
52 24.725 I 28,565 372 55,
580
450 47.
600
103,630
701 10.
490
160 so
10,
650
352 55,
920
300 37.
653

93.873
Total 'ask
Cost Estimate 248.886 1750 281.
170
2713955 7.
020
4 24
0 I 48 08404,
80d 0 6.720 s0 R1..iAl1 415f1 jII d 0
I -
0 0
0 8 o Boo so
so so 1,040 so i9200 Bit B7
0 125 0 19,(7 1 1,680 17,
300 SO 517,500 s0 si If 6 S90 836 100 S11
FOfI 0 20 0
32 0 1 0 54.000
SO 4A80 s0 R1.Sf 4h'R 8 1,580
92 48 0
1F 8 0 S4 $18.
400 $8.160 $22 400 fi8n _ Sfinn 10398 Tobl LSCE
Hours
134 291 178 T.al LSCE
Cost 28.14 58, 100 530.260 $81. SUMMARY I Tobl
subcouuMam Coel I DI-t E.p.nu. Tobl Reprotludlon Cos
Sub -Consultant and
Service Provider fees Include LSCE's 15 h markup. 415.1Bn $37 aT s19 32,200 45o 160 4,
600 $
110,
000 $8,000 7.020 Total
Cost Estimate $
562,145

7.6.b
Packet Pg. 77 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

Luhdorff & Scalmanini
Consulting Engineers
500 FIRST STREET WOODLAND, CALIFORNIA 95695

SCHED ULE OF FEES - ENGINEERING AND FIELD SERVICES
2019
Professional:

Senior Principal
Principal Professional
Su ervising Professional
Senior Professional
Project Professional
Project Professional —Prevailing Wage
Staff Professional
Staff professional —Prevailing Wage
Technical:

Engineering Inspector
ACAD Drafting/GIS
Engineering Assistant
Scientist
Technician
Clerical Support:

Word Processing, Clerical
Digital Communications Specialist
Project Admin/Accounting Assistant
Vehicle Use
Subsistence
Groundwater Sampling Equipment
Includes Operator)
Copies
Professional or Technical Testimony
Technical Overtime (if required)
Outside Services/Rentals
Services by Associate Firms
Engineer, Geologist, Hydrogeologist, and Hydrologist
215/hr.
210/hr.
200/hr.
187/hr.
145 to 170/hr.
177hr.
130 to 140/hr.
165 hr.
130/hr.
130/hr.
100 to 120/hr.
100 to 120/hr.
100 to 120/hr.
75/hr.
90/hr.
90/hr.

0.58/mi.

Cost Plus 15%
170.00/hr.
20 ea.
200% of Regular Rates
150% of Regular Rates
Cost Plats 15%
Cost Plats 15%

7.6.b
Packet Pg. 78 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

E LBCvw1 CALL.

P01WEIR
SYSTEMS INC.

PwcwfWwm1cbnam1 anni# =o nnsulting
01n=tr1c;a1 !_ng1rr4mr1ng

PROFESSIONAL RATE SCHEDULE
Expert Research Testimony and Depositions ------------------------------------------------------------------------------- $325.00 per hour Principal Electrical Engineer -------------------------------------------------------------------------------------------------------- $235.00 per hour Professional Engineer ----------------------------------------------------------------------------------------------------------------- $200.00 per hour E.I.T------------------------------------------------------------------------------------------------------------------------------------------- $180.00 per hour Field Tech./Designer/IT Programmer --------------------------------------------------------------------------------------------- $160.00 per hour Cad/Drafting Technician -------------------------------------------------------------------------------------------------------------- $122.00 per hour Clerical--------------------------------------------------------------------------------------------------------------------------------------- $ 85.00 per hour

1.0) RATES ARE FIXED AND VALID THROUGH JUNE 2022.

THANK YOU AND IF YOU HAVE ANY QUESTIONS, PLEASE CALL.

ELECTRICAL POWER SYSTEMS, INC.

JOSEPH P. PREVENDAR. P.E.. PRESIDENT
GARY R. OLSEN. P.E.. VP OF POWER/GENERATION

7.6.b
Packet Pg. 79 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

Jt WILLIAM MERKEL ASSOCIATES STRUCTURAL ENGINEERING
2804 FULTON AVE. - SACRAMENTO, CA 95821 - (916) 461-1962 • FAx (916) 481-016f • WMASEOPACBELL.NET

THE CURRENT BILLING RATES FOR ENGINEERING SERVICES FOR WILLIAM MERKEL ASSOCIATES ARE AS FOLLOWS:

Principle Time 290.00
Structural Engineering 260.00
Civil Engineering 1 190.00
Civil Engineering 11 160.00
Drafting 1 130.00
Drafting 2 100.00
Clerical Time 65.00
All rates shall be locked in through June 2022.

Printing, copies, travel, and any submittal fees are billed at 15% over cost in addition to the base rates for engineering services rendered.

Job billings will be billed once a month with a total breakdown of fees/hours included.

Payment is due in full for each invoice upon receipt. 1 1 /2 % per month interest will be charged on all overdue accounts.

7.6.b
Packet Pg. 80 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

HANNA-BRUNETTI
EST. 1910
CIVIL ENGINEERS • LAND SURVEYORS

CONSTRUCTION MANAGERS
CITY OF GILROY — MCCARTHY WELL PROJECT

PROFESSIONAL SERVICES HOURLY FEE SCHEDULE

OFFICE AND PROFESSIONAL
Principal Engineer
Associate Enoineer/Project Manager
Proiect Engineer
S u rvevor
Design Engineer
Assistant Survevor
Junior Civil Engineer
Technician
Inspector
Draftsperson
Clerical
Witness — Per Deposition Appearance
Witness — Per Court Appearance
FIELD
One -Person Survev Crew
Two -Person Survev Crew
Three -Person Survev Crew
190.00
170.00
155.00
165.00
135.00
130.00
115.00
115.00
127.00
110.00

74.00 Minimum 4-hour increments
Minimum 4-hour increments
Rates are locked in and valid through the estimated project completion date of June 2022 200.00
235.00
280.00
7651 Eigleberry Street 408-842-2173
Gilroy, CA 95020-5122 Fax 842-3662
Email:[email protected]

7.6.b
Packet Pg. 81 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

GEOTECHNICAL
ENG::O ENVIRONMENTAL

WATE-R RESOURCES

CONSTRUCTION SERVICES
Expect Excellence — -- — - - ----- -----

PREFERRED CLIENT FEE SCHEDULE

PROFESSIONAL SERVICES
President........................................................................................................................................ $380.00 per hour Principal Engineer/Geologist/Seismologist................................................................................... $290.00 per hour Associate Engineer/Geologist/Seismologist................................................................................. $245.00 per hour Senior Engineer/Geologist/Seismologist...................................................................................... $215.00 per hour Project Engineer/Geologist/Seismologist..................................................................................... $195.00 per hour Environmental Scientist................................................................................................................. $180.00 per hour Staff Engineer/Geologist/Seismologist......................................................................................... $174.00 per hour AssistantEngineer......................................................................................................................... $140.00 per hour Construction Services Manager.................................................................................................... $170.00 per hour* Senior Field Representative II....................................................................................................... $150.00 per hour*/'E* Senior Field Representative I........................................................................................................ $135.00 per hour*/** Field Representative...................................................................................................................... $125.00 per hour*/** Environmental Technician............................................................................................................. $130.00 per hour*/** Senior Laboratory Technician....................................................................................................... $155.00 per hour Laboratory Technician................................................................................................................... $140.00 per hour SeniorCAD Specialist................................................................................................................... $145.00 per hour CADSpecialist............................................................................................................................... $135.00 per hour GISAnalyst.................................................................................................................................... $150.00 per hour NetworkAdministrator................................................................................................................... $195.00 per hour ProjectAssistant............................................................................................................................ $118.00 per hour Two-hour minimum portal to portal.

OVERTIME RATES: Rates increased by factor of 1.5 for all hours worked in excess of eight (8) Monday through Friday, and the first eight (8) hours worked on Saturday. Rates increased by factor of 2.0 for all hours worked in excess of twelve (12) Monday through Friday, all hours worked in excess of eight (8) on Saturday and all hours worked on Sunday and holidays.

For Prevailing Wage projects, increase the hourly rate by $15.

Rates increased by factor of 1.25 for night shift hours (hours commencing after 4:00 p.m. or before 4:00 a.m.); rates increased by factor of 1.875 (an additional factor of 1.5) for all night shift hours in excess of eight (8). wmv.engeo.com

7.6.b
Packet Pg. 82 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

EQUIPMENT AND MATERIALS CHARGES
Air Content Meter 7.00 hour
Bailers (Disposable) 8.00 each
Concrete Crack Monitor 20.00 each
Coring Machine 25.00 hour
Double -Ring Infiltrometer 40.00 hour
Electronic Water Level Indicator 5.00 hour
Engineering Analysis Software 28.00 hour
Equipment Transport(er) 100.00 hour
Exploration Equipment (Percussion Penetrometer) 50.00 hour Floor Flatness/Floor Level Equipment 20.00 hour
Generator 15.00 hour
GIS Website Portal Maintenance 100.00 month
GPR/GPS Handheld Device 10.00 hour
GPR/GPS/Drone Survey Grade Equipment 175.00 hour
Hand Auger and Soil Sampler 15.00 hour
Hydraulic Pull -Test Equipment 25.00 hour
Interface Probe 2.00 hour
Magnetic Particle Test Equipment 25.00 hour
Moisture Content Test Equipment 6.00 hour
Multi -Parameter Water Meter 15.00 hour
pH Meter/Turbidity Meter 10.00 hour
Photo Ionization Detector 15.00 hour
Pachometer 100.00 hour
Sampling Tubes 10.00 each
Sand Cone Equipment and Material 5.00 hour
Schmidt Hammer 20.00 hour
Seisometer 50.00 hour
Skidmore Wilhelm Bolt Tension Calib. 40.00 hour
Slope Inclinometer/Settlement Indicator/VW Readout 50.00 hour Torque Wrench 15.00 hour
Transfer Pump 3.00 hour
Ultrasonic Equipment 50.00 hour
Vapor Emission Test Kit 40.00 kit
Vector Conversion 60.00 conversion
Vehicle, mileage, nuclear gauge, misc. equipment, wireless communication

27.00 hour
Vehicle, mileage, misc. equipment, wireless communication 18.00 hour Vibration Monitor 1800.00 month
Water Sampling Pumps 20.00 hour
Bridge Toll actual actual
Mileage 78 mile
Parking actual actual
AutoCAD, Civil 3D, GIS, Drone Data Processing 25.00 hour Photocopies Black & White 0.25 each
Photocopies Color 11 x 17 1.50 each
Photocopies Color 8'/z x 11 1.00 each
Plot - Black & White 3.00 square foot
Plot - Color 4.00 square foot
Postage actual actual
Scan - Black & White 1.50 each
Scan - Color 3.75 each
Telephone 0.50 minute
www.engeo.com

7.6.b
Packet Pg. 83 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

NORTHSTAR, l ...

Designing Solutions

STANDARD HOURLY RATES
Environmental/Planning/GIS
Principal Planner
Senior Biologist/Environmental Scientist/Planner/GIS Analyst Associate Biologist/Environmental Scientist/Planner/GIS Technician Assistant Biologist/Environmental Scientist/Planner
Hourly Rates for the City of Gilroy Potable Water Well Project are in effect for the duration of the project through 2022.

Hourlv Rate*
160.00
135.00
115.00

95.00 7.6.b
Packet Pg. 84 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

Jason Coleman
July 12, 2019

We will provide you with an electronic file (PDF) of the appraisal report. Upon request, we will furnish you with two bound copies.

Our fee for this appraisal will be $4,000. The amount of $2,000 is due in advance, as a deposit.

Our fee includes two hours of phone calls for Q&A related to the appraisal. Any additional work will be billed based on our hourly rates at $260 for Laura Hulberg, $360 for myself, Josh Fronen and $155 for analysts.

You may send the deposit by check or, if preferred, wired to the following account. Please be sure the payment includes a reference to the address of the property to be appraised.

If by Check:

Valbridge Property Advisors
55 South Market Street, Suite 1210
San Jose, CA 95113-1207
Attn: Claudia Romero
If by Wire:

Bank of Marin
180 Grand Avenue, Suite 1545
Oakland, CA 94612
Routing Number: 121141877
Account Number: 21797874
The estimated completion date of the appraisal is August 9, 2019. This date assumes that we will receive written authorization to proceed by July 11, (please return this letter by email) the deposit by July 15, and that the relevant information needed for the appraisal will be received from our client on a timely basis.

In order to appraise this property, please provide the information listed on page 4, as applicable.

Valbridge Property Advisors I Northern California

7.6.b
Packet Pg. 85 Attachment: LSCE Contract (4018 : First Amendment to Luhdorff & Scalmanini Consulting Engineers)

City of Gilroy

STAFF REPORT
Agenda Item Title: Approve Proposed Tentative Map to Divide 778 First Street Into Two Parcels
Meeting Date: November 7, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director Prepared By: Jon Biggs, Special Assistant to City Administration

Strategic Plan Goals

☐ Develop a Financially
Resilient Organization

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

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

Adopt a Resolution approving a Tentative Map to subdivide the property located at 778 First Street into two parcels (APN: 808-12-035 & 808-12-036) (File Number TM 22-04).

EXECUTIVE SUMMARY

The applicant proposes to subdivide an approximately 75 square-foot lot at 778 First Street into two lots having approximately 55,191 and 20,291 square feet respectively.

The site contains an existing building and a new building under construction, along with other site improvements. The subdivision is proposed to create separate parcels for the existing and new buildings.

9.1 Packet Pg. 86

POLICY DISCUSSION

The subdivision of this lot requires the approval of a tentative map by the City Council upon the recommendation of the Planning Commission. The site has a General Plan land use designation of Mixed-Use Corridor and a Zoning designation of C-3, Shopping Center Commercial. The resulting parcels comply with the site standards of the General Plan and Zoning designations.

BACKGROUND

Planning Commission Recommendation: On October 6, 2022, the Planning Commission reviewed the project, and by unanimous vote of all members present, recommended approval of the proposed Tentative Map to the City Council.

Environmental Assessment: The proposed subdivision is exempt from further environmental review and qualifies for the State CEQA Guidelines Class 15 Exemption, Minor Land Divisions, because the proposed subdivision results in less than four parcels, is in conformance with the City’s General Plan and Zoning, seeks no exceptions or variances, and all services and access to the resulting parcels is available.

ANALYSIS

Project Description: The applicant, Craig Filice representing Castlewood Corner LLC, is seeking approval of a Tentative Map Application, TM 22 -04, that will subdivide an approximately 75,482 square foot lot at 778 First Street into two lots having approximately 55,191 and 20,291 square feet respectively. There are an existing building and a building under construction on the site along with other site improvements; however, no new construction beyond these is proposed. There are two Assessor Parcels that make up the subject site, Assessor Parcel Numbers 808-12-035 & 808-12-036.

The proposed property line that will create the two separate lots is located roughly down the middle of the site access drive aisle that leads from the driveway apron fronting on First Street. A condition of approval requires that the owner formalize reciprocal easements between the proposed parcels to assure that access to each of the sites and parking spaces is maintained and available into the future.

General Plan Consistency: The City's General Plan designates the subject site as Mixed Use Corridor (MU), which supports the mix of uses on the site. This designation encourages a mix of retail, office, and high-density residential uses. Although there are no residential units on the current and proposed sites, it adjo ins a residential development along the southern property line (the existing drive aisle accessed from First Street provides alternate emergency access to these residential units) and there are more residential units within walking distance of the project site. The proposed division of the site does not impact the ability of the mix of uses on the site to continue.

9.1 Packet Pg. 87

As such, the proposal conforms to the following goals and policies of the General Plan:

General Plan Goal/Policy Consistency Analysis
LU 1.4 Mix of Uses Encourage a
diverse mix of land uses to achieve a
balance between jobs and housing,
to ensure the community’s long-term
viability, and to increase job
opportunities in the city to assist in
equalizing the jobs/housing balance.

The proposed subdivision helps preserve the
mix of uses on the project site and allows the
property owner flexibility in the future to quickly
address changing market circumstances.

LU 4.1 Clustering Commercial Uses
Encourage new commercial uses to
group into clustered areas or centers
containing professional offices, retail
sales and services.

The subdivision, although it creates separate
parcels, does maintain a cluster of commercial
uses of different types along the First Street
corridor.

LU 7.1 Mixed-Use Districts
Encourage mixed-use development
to locate within the Downtown and in
the First Street Mixed-Use District.

The proposed subdivision will help facilitate
mixed-use development on the site because it
provides flexibility to the property owner to
address market changes and preferences of
the future.

Goal EP 3 Maintain a supportive
business climate that increases the
City’s ability to support the
expansion of existing businesses
and attraction of new businesses.

The proposal supports the business climate by
providing flexibility for use of the site, which
can make it more responsive to market
conditions of the future.

Goal EP 5 Maintain and expand
Gilroy’s retail sector to meet local
and regional demands and generate
tax revenues for City operations.

The proposal allows for the expansion and
flexibility of retail establishments to meet local
and regional demand; thus, supporting the
generation of tax revenues for City operations.

Zoning Code Conformance: The proposed development is located in the C-3, Shopping Center Commercial, zone district. There are no minimum lot sizes in this zone district so the resulting lots of 55,191 square feet and 20,291 square feet respectively will be in compliance. The proposal is a request to subdivide an existing developed site and the buildings will be in conformance with the site development standards of the C -3 Zone District. The applicant is not requesting exceptions to any of the site development standards of the C-3 Zone District.

Tentative Map Analysis: The parcel map has been evaluated against the following criteria, which are used to ensure resulting lots can be developed in accordance with zoning and development standards:

a) Flood Zone: The site is located in Flood Zone X, which is not a Special Flood Hazard Area.

9.1 Packet Pg. 88

b) Site Layout: The site is developed with two buildings, one of which is under construction, and various other improvements such as drive aisles, parking spaces, landscaping, and utility improvements. No adjustments to the site layout are being proposed with the requested tentative map. Access to the site is by way of driveways that are on First Street and Wren Avenues.
c) Design and Size of Lots: The proposed parcels will have 55,191 square feet and 20,291 square feet respectively and are of sufficient size and ge ometry to accommodate their buildings and other improvements.
d) Circulation: Each resulting parcel will have frontage on First Street and the corner parcel will have frontage on Wren Avenue as well. Given the existing network of drive aisles on the site, all the parcels can be accessed from First Street or Wren Avenue.
e) Open Space: There are no open space requirements for parcels in this zoning district and most of the existing and proposed parcels are dedicated to buildings, drive aisles, and parking. However, the site is landscaped especially at the edges of the parcel along their street frontages.
f) Improvements: The existing and proposed parcels are developed and full services are and remain available.
g) Property Dedications and Easements: In order to maintain appropriate access among the existing and resulting parcels, a condition of approval requiring the dedication of reciprocal driveway ingress and egress between the parcels is being recommended and included in the Resolution attached with this agenda report.

Public Comment: At its meeting on October 6, 2022, a member of the public raised questions regarding how the proposed subdivision may affect existing and proposed uses and the neighboring residential properties. The applicant’s representative addressed these questions and noted this proposal simply divides an existing lot into two, does not modify existing uses or structures, and the function or operation of the site would continue as planned.

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

There is no fiscal impact associated with the adoption of the Resolution . The applicant has paid the fees associated with the application.

9.1 Packet Pg. 89

CONCLUSION

The Planning Commission recommends that the City Council adopt a Resolution approving a Tentative Map to subdivide the property located at 778 First Street into two parcels (APN: 808-12-035 & 808-12-036) (File Number TM 22-04).

NEXT STEPS

Upon City Council approval, the Public Works Department Engineering Division would complete the process of signing and recording the Parcel Map.

PUBLIC OUTREACH

On October 28, 2022, the project was published in the Gilroy Dispatch and on October 19, 2022, a notice of this City Council meeting was 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. Parcel Map

3. Planning Commission Staff Report

4. Planning Commission Resolution

5. Draft City Council Resolution

9.1 Packet Pg. 90

Note: Map is for reference purposes only.

City of Gilroy
3,920
City of Gilroy, GIS Services
653.3
1:NAD_1983_StatePlane_California_III_FIPS_0403_Feet
326.67 Feet653.30
LOCATION MAP - TM 22-04

9.1.a
Packet Pg. 91 Attachment: Vicinity Map (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)

COMPACTCIVIL ENGINEERSLAND SURVEYORSCONSTRUCTION MANAGERSHANNA-B UNTTIEST. 19107651 EIGLEBERRY STREET GILROY 95020 CALIFORNIAOFFICE (408) 842-2173 FAX (408) 842-3662EMAIL: ENGINEERING @ HANNABRUNETTI.COM1Preliminary Parcel MapCastlewood Corner LLC - 770 First Street - apn 808-12-036NOT FOR CONSTRUCTIONPRELIMINARY PLANSTentative Parcel Mapfor840 & 778 First Streetapn 808-12-036, 035in theCity of GilroyPARCEL 1 ON 830 M 6PROPOSEDCOMMERCIALBUILDINGEXISTING COMMERCIALBUILDING TO REMAIN9.1.bPacket Pg. 92Attachment: Parcel Map (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)

COMPACT
DRIVETHRUSTOPDRIVETHRUCIVIL ENGINEERSLAND SURVEYORSCONSTRUCTION MANAGERSHANNA-B UNTTIEST. 19107651 EIGLEBERRY STREET GILROY 95020 CALIFORNIAOFFICE (408) 842-2173 FAX (408) 842-3662EMAIL: ENGINEERING @ HANNABRUNETTI.COM2Existing ConditionsCastlewood Corner LLC - 770 First Street - apn 808-12-036NOT FOR CONSTRUCTIONPRELIMINARY PLANS9.1.bPacket Pg. 93Attachment: Parcel Map (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)

9.1.c
Packet Pg. 94 Attachment: Planning Commission Staff Report (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)

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Packet Pg. 95 Attachment: Planning Commission Staff Report (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)

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Packet Pg. 96 Attachment: Planning Commission Staff Report (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)

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Packet Pg. 97 Attachment: Planning Commission Staff Report (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)

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Packet Pg. 98 Attachment: Planning Commission Staff Report (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)

1 RESOLUTION NO. 2022-17

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY

RECOMMENDING APPROVAL TO THE GILROY CITY COUNCIL OF A TENTATIVE MAP FOR PROPERTY LOCATED AT 778 FIRST STREET INTO TWO PARCELS, APN’S: 808-12-035 & 808-12-036 (FILE NUMBER TM 22-04)

WHEREAS, On July 25, 2022 an application was filed by Craig Filice representing Castlewood Corner LLC proposing the subdivision of a parcel at 778 First Street within the C-3, Shopping Center Commercial zone district; and

WHEREAS, the application submittal was deemed complete on September 19, 2022; and

WHEREAS, proposed subdivision is exempt from further environmental review and qualifies for the State CEQA Guidelines Class 15 Exemption, Minor Land Divisions, because the proposed subdivision results in less than four parcels, is in conformance the City’s General Plan and Zoning, seeks no exceptions or variances, and all services and access to the resulting parcels is available; and

WHEREAS, the Planning Commission held a duly noticed public meeting on October 6, 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; and

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

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

FINDINGS

1. The proposed Tentative Map to subdivide an approximately 1.73 acre site into two (2) new commercial lots is consistent with the intent of the goals and policies of the City's General Plan and the uses anticipated within the General Plan Mixed Use Land designation and City’s Zoning Ordinance and the City's Subdivision and Land Development Code, and the State Subdivision Map Act in that the proposed subdivision does not alter the existing mix of uses or make prohibitive a mix of commercial uses on the resulting parcels.

2. The site is physically suitable for the type of development given that it is a level site that is not in flood prone location does not have unique physical constraints and the size and geometry of the property complies with all applicable codes and ordinances and there are no exceptions to the site development standards of the C-3 Zone District.

DocuSign Envelope ID: A8ACBF75-3616-4098-B6D7-FDADEB6F2C82

9.1.d
Packet Pg. 99 Attachment: Planning Commission Resolution (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)

Resolution No. 2022-17

3. There will be no significant environmental impacts as a result of this project, which qualifies for the State CEQA Guidelines Class 15 Exemption, Minor Land Divisions, because the proposed subdivision results in less than four parcels, is in conformance the City’s General Plan and Zoning, seeks no exceptions or variances, and all services and access to the resulting parcels is available.

4. The design of the subdivision is not likely to cause serious public health problems given that public utilities and infrastructure improvements to serve the proposed parcels are in place as evidenced by the existing development on the site and the construction that is taking place.

5. The design of the subdivision and existing improvements will not and do not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Gilroy hereby recommends to the Gilroy City Council approval of Tentative Map Application No. TM 22-04, subject to the conditions attached hereto as Attachment A.

PASSED AND ADOPTED this 6th day of October by the following roll call vote:

AYES: Elle, Kushner, Leongardt, Lewis, Moreno

NOES: None

ABSENT: Bhandal

ATTEST: APPROVED:

_________________________________ __________________________________ Sharon Goei, Secretary Annedore Kushner, Vice Chair

DocuSign Envelope ID: A8ACBF75-3616-4098-B6D7-FDADEB6F2C82

9.1.d
Packet Pg. 100 Attachment: Planning Commission Resolution (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)

Resolution No. 2022-17

ATTACMENT A

778 FIRST STREET, TM 22-04

TENTATIVE MAP CONDITIONS OF APPROVAL

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

1. APPROVED PROJECT: The approval for Tentative Parcel Map TM 22-04 is granted to subdivide a 75,482 square foot site into two (2) commercial parcels, located at 778 First Street (APN’s: 808-12-035 & 808-12-036) within the City of Gilroy C-3, Shopping Center Commercial, zoning district as shown on the Tentative Parcel Map prepared by Hanna and Brunetti, Civil Engineers and Land Surveyors for Castlewood Corner LLC, consisting of two (2) sheets, dated June 2022 and received by the Planning Division on July 25, 2022.

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.

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.

DocuSign Envelope ID: A8ACBF75-3616-4098-B6D7-FDADEB6F2C82

9.1.d
Packet Pg. 101 Attachment: Planning Commission Resolution (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)

Resolution No. 2022-17

4. 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.

5. COVENANTS, CONDITIONS, AND RESTRICTIONS: Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail.

ENGINEERING DIVISION CONDITIONS

6. DRIVEWAY ACCESS EASEMENT - The applicant or owner shall dedicate reciprocal driveway ingress and egress easements. Said easements shall be approved by both affected property owners. The easements shall be approved by the City Engineer, recorded with the County Recorder’s Office, and a recorded copy of the document returned to the City prior to any City permits. The easement may also be designated on any associated parcel or subdivision map.

7. PARCEL MAP - It shall be the applicant's responsibility to have a parcel map, prepared by a 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.

DocuSign Envelope ID: A8ACBF75-3616-4098-B6D7-FDADEB6F2C82

9.1.d
Packet Pg. 102 Attachment: Planning Commission Resolution (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GILROY APPROVING A TENTATIVE MAP TO SUBDIVIDE
THE PROPERTY LOCATED AT 778 FIRST STREET INTO
TWO PARCELS, APNS: 808-12-035 & 808-12-036 (FILE
NUMBER TM 22-04)

WHEREAS, On July 25, 2022, an application was filed by Craig Filice representing Castlewood Corner LLC proposing the subdivision of a parcel at 778 First Street within the C-3, Shopping Center Commercial zone district; and

WHEREAS, the application submittal was deemed complete on September 19, 2022; and

WHEREAS, the proposed subdivision is exempt from further environmental review and qualifies for the State CEQA Guidelines Class 15 Exemption, Minor Land Divisions, because the proposed subdivision results in less than four parcels, is in conformance with the City’s General Plan and Zoning, seeks no exceptions or variances, and all services and access to the resulting parcels are available; and

WHEREAS, the Planning Commission held a duly noticed public meeting on October 6, 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 and whereas and by unanimous vote of the members present recommended to the City Council approval of project TM 22-04; and

WHEREAS, the City Council held a duly noticed public meeting on November 7, 2022, received and considered the staff report, as well as all evidence, received including written and oral public testimony related to the project TM 22-04; 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 are at the City Clerk’s Office.

NOW, THEREFORE, BE IT RESOLVED that in order to deny the map, the City Council of the City of Gilroy would have to make one of the seven listed findings described in Government Code Section 66474 based upon substantial evidence in the record. The findings are listed below, along with an explanation for each one as to why the Council cannot make the finding:

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

This finding for denial cannot be made. The proposed Tentative Map to subdivide an approximately 75,482 square foot lot into two (2) new commercial lots is consistent with the intent of the goals and policies of the City's General Plan and the uses anticipated within the General Plan Mixed Use Land designation and City’s Zoning Ordinance, the City's Subdivision and Land Development Code, and the State Subdivision Map Act in that the proposed subdivision does not alter the existing mix of uses or make prohibitive a mix of commercial uses on the resulting parcels.

9.1.e
Packet Pg. 103 Attachment: Draft City Council Resolution (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)

Resolution No. 2022-XX
Approval of TM 22-04; 778 First Street
City Council Regular Meeting | November 7, 2022

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

This finding for denial cannot be made. The site development complies with all applicable codes and ordinances and the 2040 General Plan Mixed Use land use designation.

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 type of development given that it is a level site that is not in a flood-prone location does not have unique physical constraints and the size and geometry of the property comply with all applicable codes and ordinances and there are no exceptions to the site development standards of the C-3 Zone District.

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 this type of development because the resulting lot is proposed to accommodate existing development that is consistent with the City Zoning Ordinance and the 2040 General Plan Mixed Use land use designation.

5. That the design of the proposed subdivision TM 22-01 or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

This finding for denial cannot be made. The design of the subdivision and the proposed improvements will not cause substantial environmental damage, or substantially injure fish or wildlife because the site is located within a developed urban context and is not in or adjacent to any sensitive habitat areas. There will be no significant environmental impacts as a result of this project, which qualifies for the State CEQA Guidelines Class 15 Exemption, Minor Land Divisions, because the proposed subdivision results in less than four parcels, is in conformance the City’s General Plan and Zoning, seeks no exceptions or variances, and all services and access to the resulting parcels are available.

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 subdivision is not likely to cause serious public health problems given that public utilities and infrastructure improvements to serve the proposed parcels are in place as evidenced by the existing development on the site and the construction that is taking place.

9.1.e
Packet Pg. 104 Attachment: Draft City Council Resolution (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)

Resolution No. 2022-XX
Approval of TM 22-04; 778 First Street
City Council Regular Meeting | November 7, 2022

7. That the design of the proposed 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 the 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 th rough or use of property within the proposed subdivision.

This finding for denial cannot be made. The design of the subdivision and existing improvements will not and do not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Gilroy hereby approves Tentative Map Application No. TM 22-04, subject to the conditions attached hereto as Attachment A.

PASSED AND ADOPTED this 7th day of November 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

9.1.e
Packet Pg. 105 Attachment: Draft City Council Resolution (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)

Resolution No. 2022-XX
Approval of TM 22-04; 778 First Street
City Council Regular Meeting | November 7, 2022

ATTACHMENT A

TENTATIVE MAP CONDITIONS OF APPROVAL
778 FIRST STREET, TM 22-04

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

1. APPROVED PROJECT: The approval for Tentative Parcel Map TM 22-04 is granted to subdivide a 75,482 square foot site into two (2) commercial parcels, located at 778 First Street (APN’s: 808-12-035 & 808-12-036) within the City of Gilroy C-3, Shopping Center Commercial, zoning district as shown on the Tentative Parcel Map prepared by Hanna and Brunetti, Civil Engineers and Land Surveyors for Castlewood Corner LLC, consisting of two (2) sheets, dated June 2022 and received by the Planning Division on July 25, 2022.

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.

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.

4. TENTATIVE MAP: An approved tentative parcel map, which shall expire twenty-four (24)

9.1.e
Packet Pg. 106 Attachment: Draft City Council Resolution (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)

Resolution No. 2022-XX
Approval of TM 22-04; 778 First Street
City Council Regular Meeting | November 7, 2022

months from the approval date, may be extended pursuant to the provisions of the Map Act.

5. COVENANTS, CONDITIONS, AND RESTRICTIONS: Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail.

ENGINEERING CONDITIONS

6. DRIVEWAY ACCESS EASEMENT - The applicant or owner shall dedicate reciprocal driveway ingress and egress easements. Said easements shall be approved by both affected property owners. The easements shall be approved by the City Engineer, recorded with the County Recorder’s Office, and a recorded copy of the document returned to the City prior to any City permits. The easement may also be designated on any associated parcel or subdivision map.

7. PARCEL MAP - It shall be the applicant's responsibility to have a parcel map, prepared by a 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.

9.1.e
Packet Pg. 107 Attachment: Draft City Council Resolution (4048 : Proposed Tentative Map to Divide 778 First Street Into Two Parcels)

City of Gilroy

STAFF REPORT
Agenda Item Title: Annual Review and Adoption of the City's Investment Policy
Meeting Date: November 7, 2022
From: Jimmy Forbis, City Administrator
Department: Finance Department
Submitted By: Bryce Atkins, Assistant to the City Administrator Prepared By: Harjot Sangha, Finance Director

Strategic Plan Goals

 Develop a Financially
Resilient Organization

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

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

Adopt a resolution establishing the City’s updated Investment Policy.

BACKGROUND

Per California Code Section 53646(a) and the City’s Investment Policy, the City Administrator shall annually render to the City Council a statement of investment policy (Attachment 2), which shall be considered by the Council at a public meeting to ensure its consistency with respect to the overall objectives of safety, liquidity, and yield.

Council last reviewed the policy in May 2020.

11.1 Packet Pg. 108

Per the City’s Investment Policy, temporarily idle or surplus funds of the City shall be invested in accordance with principles of sound treasury management. The three basic objectives of Gilroy's Investment Program are, in order of priority, (1) safety of invested funds, (2) maintenance of sufficient liquidity to meet cash flow needs of the City; and (3) attainment of the maximum yield possible consistent with the first two objectives.

The City's investment portfolio is structured to provide that sufficient funds from investments are available every month to meet the City's anticipated cash needs.

Subject to the safety provisions outlined above, the choice in investment instruments and maturities is based upon an analysis of anticipated cash needs, existing and anticipated revenues, interest rate trends, and specific market opportunities. The maximum maturity for investment instruments is five years from the date of purchase.

ANALYSIS

The City’s current investment strategy is conservative and passive, and the City’s idle cash is primarily invested in the Local Agency Investment Fund (LAIF) which is a program offered to local agencies to participate in a major portfolio managed by the California State Controller with 2,385 participants and $29.5 billion in assets at the end of September 2022. All securities purchased by the pool follow Government Code Section 16430 and 14680.4.

Policy Updates

With this annual review of the investment policy, sta ff recommends updates to a few sections to provide clarification and to align the policy with the current standards and practice. Notable items include:

• Pooling of Funds – This section is added to clarify that the City currently pools its available cash, excluding monies held by trustee or fiscal agent, from all funds for investment purposes. Pooling allows the City to maximize investment earnings and provides efficiencies with investment pricing, safekeeping, and overall administration of the program.

• Benchmark/Performance Standard – This section determines the treasury bill utilized as a benchmark for the portfolio. Currently the six (6) month treasury bill is utilized as the benchmark. Staff recommends updating language to utilize the treasury bill term that most closely corresponds to the City’s portfolio’s weighted average effective maturity.

• Investment Standard – Updated to remove references to the “Prudent Man Rule” and maintains the Prudent Investor Standard as the primary prudence as per the California Government Code.

• Delegation of Authority – This section currently allows the City Council to delegate the authority to the City Treasurer (Finance Director) for a one -year

11.1 Packet Pg. 109

period. To ensure continued compliance with the investment policy year-round and as is the current practice, it is recommended the delegation be made one - time, until revoked as opposed to a one-year period. The investment policy is required to be reviewed and adopted annually by the City Council.

ALTERNATIVES

The City Council could approve or reject any of the proposed changes to the policy. The Council could also direct staff to amend any of the other sections of the policy. The current policy, with the proposed updates, provides adequate guidance for the City’s investment program.

FISCAL IMPACT/FUNDING SOURCE

There is no fiscal impact to adopting the City’s General Investment Policy. Review and update of the investment policy is an activity that is included in the Finance Department’s annual and ongoing workplan.

Attachments:

1. Draft Resolution

2. Exhibit A: Investment Policy 2022

11.1 Packet Pg. 110

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY ADOPTING THE CITY’S INVESTMENT
POLICY

WHEREAS, the City has a responsibility to ensure it handles public funds appropriately; and

WHEREAS, Section 53646 of the Government Code allows local agencies to annually approve a Statement of Investment Policy which has been prepared by the chief fiscal officer of such local agency; and

WHEREAS, the Investment Policy describes the investments the City can utilize in compliance with California Government Code Section 53646 and good practice dictate that local agencies prepare a written investment policy; and

WHEREAS, the City Council formally adopts the investment policy via a resolution that promotes sound financial management practices designed to meet the City Council’s goals and objectives; and

WHEREAS, the primary objective of the Investment Policy is to establish a conservative set of investment criteria that will prudently protect the City’s assets, provide liquidity to meet the City’s cash needs, and enable the City to generate a market rate of return from its investment activities; and

WHEREAS, the City Council has reviewed the investment policy and delegates investment authority to the City Treasurer pursuant to California Government Code Section 53607;

NOW, THEREFORE, the City Council of the City of Gilroy hereby adopts the amended Investment Policy attached hereto as Exhibit A, a copy of which is on file at the City offices and is available for inspection by the public.

11.1.a
Packet Pg. 111 Attachment: Draft Resolution (3996 : Annual Review & Update of the Investment Policy)

Resolution No. 2022-XX
Adoption of City’s Investment Policy
City Council Regular Meeting | November 7, 2022

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Gilroy at its meeting held on this 7th day of November 2022 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Marie Blankley, Mayor

ATTEST:

_______________________
Thai Nam Pham, City Clerk

11.1.a
Packet Pg. 112 Attachment: Draft Resolution (3996 : Annual Review & Update of the Investment Policy)

- 1 -

INVESTMENT POLICY
fOr
CITY Of GILrOY
Revised: November 20221

I. STATEMENT OF OBJECTIVES

The purpose of this Investment Policy (“Policy”) is to identify elements that will foster a prudent and systematic investment program that meet the City of Gilroy’s objectives through a diversified investment portfolio. This policy also serves to organize and formalize the City’s investment related activities, while complying with all applicable statutes governing the investment of public funds.

Temporarily idle or surplus funds of the City of Gilroy shall be invested in accordance with principles of sound treasury management and in accordance with the provisions of California Government Code Sections 53600, et seq., the Municipal Code, guidelines established by the California Municipal Treasurer's Association and the California Society of Municipal Finance Officers, and this Investment Policy. ("Policy").

A. Overall Risk Profile

The three basic objectives of Gilroy's Investment Program are, in order of priority:

1. Safety of invested funds;

2. Maintenance of sufficient liquidity to meet cash flow needs of the City; and

3. Attainment of the maximum yield possible consistent with the first two objectives.

The achievement of these objectives shall be accomplished in the manner described below:

1. Safety of Invested Funds

The City shall ensure the safety of its invested idle funds by limiting credit and interest rate risks. Credit risk is the risk of loss due to the failure of the security issuer or backer. Interest rate risk is the risk that the market value portfolio securities will fall due to an increase in general interest rates.

a. Credit risk will be mitigated by:

i. Limiting investments to the safest types of securities as outlined in this policy;
ii. By prequalifying the financial institutions with which it will do business; and iii. By diversifying the investment portfolio so that the failure of any one issuer or backer will not place an undue financial burden on the City.

b. Interest rate risk will be mitigated by:

11.1.b
Packet Pg. 113 Attachment: Exhibit A: Investment Policy 2022 (3996 : Annual Review & Update of the Investment Policy)

- 2 -
i. Maintaining adequate sums in 30 day or less funds.
ii. Structuring the City's portfolio so that securities mature to meet the City's cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to their maturation to meet those specific needs; and

c. The physical security or safekeeping of the City's investments is also an important element of safety. Detailed safekeeping requirements are defined in Section III of this Policy.

2. Liquidity

The City’s investment portfolio shall be structured in a manner which strives to achieve that securities mature at the same time as cash is needed to meet anticipated demands (static liquidity). Additionally, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity).

Funds equal to 20% of the total annual expenditure budget less any capital expenditures for which bond proceeds are available, less internal service fund charges and less Trust and Agency fund expenditures, as first adopted for each fiscal year, shall be invested in the California State LAIF or other 30 day or less securities for call requirements. However, this provision shall not require the sale of any investment due solely to the adoption of a new budget, or amendment to a budget, which would have the effect of increasing the dollar amount needed to maintain this 20% requirement in 30 day or less funds. At such time that the 30 day or less funds falls below 20% of the annual expenditure budget, the City Treasurer, within 30 days, will notify the Investment Committee with a proposed action plan. The City Council will be subsequently notified of the action taken. The specific percentage mix of different investment instruments and maturities is described in Section II of this Policy.

3. Yield

Yield on the City's investment portfolio is of secondary importance compared to the safety and liquidity objectives described above. Investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. While it may occasionally be necessary or strategically prudent of the City to sell a security prior to maturity to either meet unanticipated cash needs or to restructure the portfolio, this Policy specifically prohibits trading securities for the sole purpose of speculating on the future direction of interest rates.

B. Time Frame for Investment Decisions

The City's investment portfolio shall be structured to provide that sufficient funds from investments are available every month to meet the City's anticipated cash needs. Subject

11.1.b
Packet Pg. 114 Attachment: Exhibit A: Investment Policy 2022 (3996 : Annual Review & Update of the Investment Policy)

- 3 -
to the safety provisions outlined above, the choice in investment instruments and maturities shall be based upon an analysis of anticipated cash needs, existing and anticipated revenues, interest rate trends, and specific market opportunities. No investment should have a maturity of more than five (5) years from its date of purchase without receiving City Council approval within the prior 90 days.

The City will consolidate cash and reserve balances from all funds to maximize investment earnings and to increase efficiencies with regard to investment pricing, safekeeping and administration. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles.

C.D. Definition of Idle or Surplus Funds

Idle or surplus funds for the purpose of this Policy are all City funds which are available for investment at any one time, including the estimated checking account float, excepting those minimum balances required by the City's banks to compensate them for the cost of banking services. This Policy also applies to the idle or surplus funds included in the general fund, special revenue funds, debt service funds, capital projects funds, enterprise funds, internal service funds, trust/agency funds and of other entities for which the City of Gilroy personnel provide financial management services.

D.E. Applicability of Policy

This policy does not apply to:

1. The City's Deferred Compensation Plan, the investments in which are directed by the participating employees; and

2. Monies held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligations under agreements, of a local agency, or certificates of participation in such bonds, indebtedness or agreements, the investment of which may be in accordance with the statutory provisions governing the issuance of those bonds, indebtedness or agreements, or to the extent not inconsistent therewith, or if there are no specific statutory provisions, in accordance with the ordinance, resolution, indenture or agreement of the local agency providing for the issuance.

3. Monies held in a Section 115 trust for Post-Employment Benefits Trust (the “Program”) for the purpose of pre-funding pension obligations and/or OPEB obligations. Investment of such section 115 trust/s are directed by the separate Investment Guidelines Document (IGD) as approved by the Plan Sponsor.

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E.F. Benchmark and Performance Standards

1. The investment portfolio shall be designed to attain a market-average rate of return throughout budgetary and economic cycles, taking into account the City’s risk constraints, the cash flow needs, and state and local laws. The performance of the investment portfolio shall be compared to the average yield on the U.S. Treasury bill that most closely corresponds to the investment portfolio’s weighted average effective maturity.City's investment strategy is passive. Given this strategy, the portfolio is expected to meet or exceed the six (6) month treasury bill.

1. The investment portfolio shall be designed with the objective of obtaining a rate of return commensurate with risk constraints and cash flow needs.

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Packet Pg. 116 Attachment: Exhibit A: Investment Policy 2022 (3996 : Annual Review & Update of the Investment Policy)

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II. INVESTMENTS

This section of the Investment Policy identifies policies, types of investments, and related matters pertaining to instruments in which the City will invest its idle funds.

A. Investment Standards

The City of Gilroy operates its temporary pooled idle cash investments under the Prudent Man Rule, California Probate Code Section 16040(b) 1, the Prudent Investor Standard, California Government Code, Section 53600.3 21, and with additional guidance from the provisions of the Uniform Prudent Investor Act, California Probate Code Section 16045, et seq 32. This affords the City a broad spectrum of investment opportunities as long as the investment is deemed prudent and is allowable under current legislation of the State of California (Government Code Section 53600, et seq).

B. Eligible Securities

Subject to the Prudent Man Rule, the Prudent Investor Standard and other applicable laws and regulations, this policy permits investment in the following:

• Insured Certificates of Deposit (CD's) of California banks and/or savings and loan associations, and/or savings with a Superior or Excellent ranking of 165 or more as provided by IDC Financial Publishing Inc. or similar rating publication) which mature in five (5) years or less, provided that the City's investments shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per institution. If the investment exceeds the insured $250,000.00, the funds are to be collateralized at 110% of the deposit in government securities or 150% in mortgages. (limited to 15% of the portfolio)

1The Prudent Man Rule states, in essence, that "in investing . . . property for the benefit of another, a trustee shall exercise the judgment and care, under the circumstances then prevailing, which men of prudence, discretion, and intelligence exercise in the management of their own affairs . . ."

12Governing bodies of local agencies (e.g., a City Council) or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part to an overall strategy, a trustee is authorized to acquire investments as authorized by law.

23The standard of care for trustees investing and managing trust assets is the Prudent Investor Standard and takes into consideration the purposes, terms, distribution requirements and other circumstances of the trust, and in satisfying this standard, the trustee is required to exercise reasonable care, skill, and caution in light of the facts and circumstances existing at the time of a trustee's decision or action.

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□• Local Agency Investment Fund (State Pool) Demand Deposits

□• Securities of the U.S. Government, or its agencies

□• Negotiable Certificates of Deposit (NCDs) placed with federal and state savings and loan associations and federal and state chartered banks with an office in the State of California. (limited to 15% of the portfolio)

□• Bankers Acceptances (limited to 15% of the portfolio)

□• Commercial paper (limited to 10% of the portfolio)

□• Passbook Savings or Money Market Demand Deposits

□• Securities or bonds purchased under a prior investment policy, which may or may not meet the standards of this policy. (Such securities or bonds may be held or sold under this Policy but additional purchases shall not be made.)

□• Money Market Mutual Fund (with $1.00 net asset value and which invests only in instruments allowed under Government Code Section 53600, et seq.) - (limited to 5% of the portfolio)

C. Investments Deemed Not Appropriate at this Time

The City of Gilroy Investment Policy does not permit investment in the following instruments or securities:

□• Corporate bonds or stocks

□• Repurchase agreements or reverse repurchase agreements

□• Interest only or principal only strips

□• Certificates of Deposit issued by institutions not operating within California

□• Inverse floaters and range notes

□• Financial futures or financial option contracts

□• Securities lending or leveraging any portion of the portfolio

D. Collateralization Requirements

Uninsured Time Deposits with banks and savings and loans shall be collateralized in the manner prescribed by law for depositories accepting municipal investment funds.

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E. Preformatted Wire Transfers

Wherever possible, the City will use preformatted wire transfers to restrict the transfer of funds to preauthorized accounts only. When transferring funds to an account not previously approved, the bank is required to call back a second employee for confirmation that the transfer is authorized.

F. Qualification of Brokers, Dealers and Financial Institutions

The City Treasurer shall investigate brokers and dealers who wish to do business with the City to determine if they are adequately capitalized, have any pending legal actions against the firm or the individual broker, and that they market securities appropriate to the City's needs.

The City shall annually send a copy of the current edition of the Policy to all institutions and broker/dealers which are approved to handle City of Gilroy investments. Receipt of the Policy, including confirmation that it has been received by persons handling the City's accounts, shall be acknowledged in writing within thirty (30) days.

G. Diversification

The portfolio should consist of a prudent mix of various types of securities, issues and maturities.

H. Confirmation

Receipts for confirmation of purchase or sale of authorized securities should be received by the City Treasurer within five (5) days and include the following information: trade date, par value, rate, price, yield, settlement date, description of securities purchased, agency's name, net amount due, third party custodial information. These are minimum information requirements.

I. Internal Controls

Investment duties shall be separated by having at least three persons perform the following functions for any particular investment: the recordation of investments and disbursements, confirmation receipts, the preparation of Treasurer's reports, wire transfers, bank reconciliations and treasury reconciliations. An independent analysis by the external auditor shall be conducted annually to screen internal control, account activity, including verification of all securities, and compliance with policies and procedures.

J. Interest Earnings

All interest earned on investments authorized by this Policy shall be allocated quarterly to all City funds based on the positive cash balances in each fund as a percentage of the

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Packet Pg. 119 Attachment: Exhibit A: Investment Policy 2022 (3996 : Annual Review & Update of the Investment Policy)

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entire pooled portfolio. The interest allocated to those funds not legally required to have interest allocated shall be transferred to Fund 400, Capital Projects Fund.

III. SAFEKEEPING OF SECURITIES

A. Safekeeping Agreement

The City shall contract with a bank or banks with federally insured deposits for the safekeeping services through a third party custodial agreement, (California Government Code Section 53601)34 which includes delivery versus payment provisions, for securities which are owned by the City as part of its investment portfolio.

B. Handling of City-Owned Securities and Time Deposit Collateral

All securities owned by the City shall be held by the City or by its third- party custodian, except the collateral for time deposits in banks, savings banks, and savings and loan associations. The collateral for time deposits in banks and savings and loans shall be held in a trust account in the City of Gilroy's name. Dealers or brokers shall not hold any securities for the City. A broker is not an approved depository under California Government Code Section 53630 45 and Section 53608 65

C. Security Transfers

The authorization to release City's securities will be telephoned to the appropriate depository or custodian by a Finance Department member other than the person who initiated the transaction. A written confirmation outlining the details for the transaction and confirming the telephone instructions will be sent to the bank within five (5) working days. A confirming notice documenting the transaction will be sent by the bank to the City within five (5) working days of the transaction.

34Section 53601. Authorized Investments, circumstances. A local agency purchasing or obtaining any security . . . shall require delivery of the securities to the local agency . . . by book entry, physical delivery or by third party custodial agreement.

45Section 53630(c) allows state or national banks, state or federal savings banks or savings and loan associations, state or federal credit unions and federally insured industrial loan companies as approved depositories.

56Section 53608. Deposit of securities; delegation of authority. The legislative body of a local agency may deposit for safekeeping with a federal or state association, a trust company or a state or national bank located within this state or with the Federal Reserve Bank of San Francisco or any branch thereof within this state, or with any Federal Reserve Bank or with any state or national bank located in any city designated as a reserve city by the Board of Governors of the Federal Reserve System, the bonds, notes, bills, debentures, obligations, certificates or indebtedness, warrants, or other evidences of indebtedness in which the money of the local agency is invested pursuant to this article or pursuant to other legislative authority. The local agency shall take from such financial institution a receipt for securities so deposited. The authority of the legislative body to deposit for safekeeping may be delegated by the legislative body to the treasurer of the local agency; the treasurer shall not be responsible for securities delivered to and receipted for by a financial institution until they are withdrawn from the financial institution by the treasurer.

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Packet Pg. 120 Attachment: Exhibit A: Investment Policy 2022 (3996 : Annual Review & Update of the Investment Policy)

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D. Verification of Security

Securities held by an agent of depository as collateral securing time deposits will be verified in writing during the year by the City's independent auditors as part of the City's annual independent audit. The City's independent auditors confirm the collateral directly with the bank holding that collateral. Those securities held by that depository or custodian as collateral are subject to audit by the bank's auditors.

IV. STRUCTURE AND RESPONSIBILITY

This section of the Policy defines the overall structure of the investment management program.

A. Responsibilities of the Finance Department

The Finance Department, through its officers and representatives, is charged with the responsibility for maintaining custody of all public funds and securities belonging to or under the control of the City and for the deposit and investment of those funds in accordance with principles of sound treasury management and in accordance with applicable laws and ordinances.

B. Responsibilities and Ethics of the City Treasurer

1. Delegation of Authority

The authority to manage the City’s investment program is derived from the California Government Code Section 53600, et seq, The City Council is responsible for the management of the City’s funds, including the administration of this investment policy. The authority of the City Council to invest or to reinvest funds, or to sell or exchange securities so purchased, may be delegated for a one-year periodis hereby delegated to the City Treasurer, who shall thereafter assume full responsibility for those transactions until the delegation is revoked or expires and shall make quarterly reports of those transactions to the City Council. (California Government Code Section 53607).

Subject to review, the City Council may renew the delegation of authority each year.

2. Responsibilities

The City Treasurer is appointed by the City Administrator and is subject to his direction and supervision. The City Treasurer is charged with the responsibility for the purchase, sale, custody and investment of City funds, and the development of procedures to implement this Investment Policy. In fulfilling his responsibilities, the City Treasurer is subject to the Prudent Investor Standard and shall render reports regarding compliance with the Investment Policy. The City Treasurer is further responsible for the duties and subject to the powers imposed by and applicable to City Treasurers under the general laws of the State of California.

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3. Ethical Conduct

The City Treasurer will demonstrate integrity in all public and personal relationships, protect the public trust, and seek no favor or accept any personal gain which would influence or appear to influence the conduct of the office of Treasurer.

C. Responsibilities of the City Administrator

The City Administrator is responsible for directing and supervising the City Treasurer.

He is responsible further to keep the City Council fully advised as to the financial condition of the City and its compliance with this Policy.

D. Responsibilities of the City Council

The City Council shall consider and annually adopt a written investment policy. As provided in that policy, the Council shall receive and review quarterly investment reports and may annually delegate investment authority to the City Treasurer pursuant to California Government Code Section 53607.

E. Responsibilities of the Investment Committee

There shall be an Investment Committee consisting of the City Administrator, City Treasurer/Finance Director, and the Finance Manager. The committee shall meet quarterly to discuss cash flow requirements, monthly and quarterly investment reports, investment strategy, investment and banking procedures, significant investment related work projects being undertaken in each department which will affect the cash flow management of the City Treasurer and to review compliance with the investment policies adopted by the City Council. This will require timely reports from the department heads to the City Treasurer concerning significant future cash flow requirements.

V. REPORTING

The City Treasurer shall prepare a quarterly investment report, including a succinct management summary that provides a clear picture of the status of the current investment portfolio and transactions made over the past quarter by month. This management summary will be prepared in a manner which will allow the City Administrator and City Council to ascertain whether investment activities during the reporting period are in conformance with the City's Investment Policy.

The quarterly investment report will include the following:

A. A listing of individual securities held at the end of the reporting quarter showing the:

1. type of investment

2. institution

3. date of maturity

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Packet Pg. 122 Attachment: Exhibit A: Investment Policy 2022 (3996 : Annual Review & Update of the Investment Policy)

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4. amount of deposit or cost of the security

5. rate of return

B. Unrealized gain or loss resulting from appreciation or depreciation by listing the cost and market value of securities over one year in duration.

C. Average yield of return on the City's investments.

D. Maturity aging for the investments.

E. Compliance of the investment portfolio with the Investment Policy.

F. A statement denoting the ability of the City to meet expenditure requirements for the next six months.

VI. REVIEW OF INVESTMENT MANAGEMENT

A. Statement of Policy

As set forth in California Code Section 53646(a), the City Administrator shall annually render to the City Council a statement of investment policy, which shall be considered by the Council at a public meeting.

B. Policy Review

This Investment Policy shall be reviewed annually by the City Council at a public meeting in accordance with state law to ensure its consistency with respect to the overall objectives of safety, liquidity, and yield. Proposed amendments to the Policy shall be prepared by the City Treasurer and after review by the Investment Committee shall be forwarded to the City Council for consideration at a public meeting.

Any recommended modifications or amendments shall be presented to the City Council for their consideration and adoption.

VII. AUTHORITY

This Policy was duly adopted by authority of the City Council of the City of Gilroy on the 1st day of July 2015 and was most recently re-adopted on November 71, 20221.

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Packet Pg. 123 Attachment: Exhibit A: Investment Policy 2022 (3996 : Annual Review & Update of the Investment Policy)

City of Gilroy

STAFF REPORT
Agenda Item Title: Introduce an Ordinance Adopting by Reference the 2022 California Building Codes with Amendments, and Set a
Public Hearing on November 21, 2022, for Adoption of the Ordinance
Meeting Date: November 7, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director Prepared By: Hipolito Olmos, Building Official

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

1. Move to read the Ordinance by title only and waive the first reading beyond the title.

2. Introduce an Ordinance amending Sections 6.1, 6.6, and 6.7 of Chapter 6 of the Gilroy Municipal Code adopting by reference the 2022 California Building Code, 2022 California Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Energy Code, 2022 California Historical Building Code, 2022 California Existing Building Code, 2021 International Property Maintenance Code, and 2021 International Swimming Pool and Spa Code, with

11.2 Packet Pg. 124

amendments.

3. Set a public hearing on November 21, 2022, for the adoption of the Ordinance, pursuant to California Government Code Section 50022.3.

EXECUTIVE SUMMARY

Every three years, the California Building Standards Commission adopts new building standards and publishes the California Building Standards Code, which governs the design and construction of buildings and associated facilities and equipment throughout California. In accordance with California Health and Safety Code, a city may establish more restrictive building standards than those in the California Building Standards Code if the city finds that local amendments are reasonably necessary because of local climatic, geological, or topographical conditions. Staff recommends that the City Council adopt the latest codes with local amendments to ensure that buildings and structures in Gilroy will safeguard the public's health, safety, and general welfare.

POLICY DISCUSSION

This Ordinance adopts standardized codes and local amendments, fostering sound governance to ensure health and safety.

BACKGROUND

Every three years, the International Codes (model codes) are updated, revised, and published. Corresponding to the publishing of these model codes , the California Building Standards Commission (CBSC) amends and adopts the model codes as the California Building Standards Code.

Title 24 of the California Code of Regulations, also referred to as the California Building Standards Code, governs the design and construction of buildings and associated facilities and equipment throughout California. It is updated and published on a triennial basis by the California Building Standards Commission by order of the California legislature. This regular update is referred to as a “code cycle.” Each code cycle update improves safety, sustainability, and resiliency, and incorporates new technology, design, and construction methods. Throughout each code adoption cycle, amendments to the codes are developed through an extensive public participation process. Gilroy staff serves on two of the six Code Advisory Committees for the California Building Standards Commission. In July 2022, the CBSC published the 2022 edition of the California Building Standards Code, making this year a code adoption year.

The building regulations in the California Building Standards Code have the same force of law and take effect 180 days after their publication. On January 1, 2023, the 2022 California Building Standards Code will become effective statewide. This 2022 Code has prompted jurisdictions statewide to adopt the new code and complete local amendments as necessary.

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In accordance with California Health and Safety Code, a city may establish more restrictive building standards than those in the California Building Standards Code if the city makes an express finding that each amendment is reasonably necessary because of local climatic, geological, or topographical conditions.

ANALYSIS

As part of the triennial code adoption cycle, and pur suant to California Health and Safety Code Sections 17958 and 18941.5, staff recommends that the City of Gilroy adopt the 2022 California Building Standards Code. The parts of the 2022 California Building Standards Code that are included in this proposed a doption ordinance are: The California Building Code, Residential Code, Electrical Code, Mechanical Code, Plumbing Code, Energy Code, Historical Building Code, and Existing Building Code.

In addition to the California codes, staff proposes adopting the Int ernational Property Maintenance Code and Swimming Pool and Spa Code.

Staff also proposes several local amendments be adopted as part of the code adoption.

Staff participates in regional efforts in reviewing and developing local amendments. The amendments along with the findings that support them are included in the proposed ordinance. If approved, the Building Official will file a copy of this ordinance with the California Building Standards Commission.

Building Code

The 2022 California Building Code is proposed to be adopted by reference. A close examination of the current and prior California Building Code and Municipal Code was performed. One set of amendments is made to the administrative portion to clarify that fees will be assessed per the locally adopted comprehensive fee schedule and that the plan review fees shall be paid at the time of submitting plans and before review. Another set of amendments is to parallel the sprinkler system amendments to the Fire Code by the Fire Prevention team. Another amendment is to require higher classification roof covering for hillside construction to address a local climatic condition. Higher classification roof covering is effective against higher fire -test exposure. The recent fire danger in the hillside makes this local amendment important. Another amendment is made to implement more stringent special inspection requirements for spread concrete footings due to the expansive (clay) soils and seismic activity common to this geological area. Another amendment is to implement more stringent foundation requirements, again to address the expansive (clay) soils and seismic activity common to this geological area. Provisions already addressed in the referenced codes are deleted. All design methods, such as national standards and all materials allowed under the California Building Code, are amended to be permitted in Gilroy.

Residential Code; Mechanical Code; Plumbing Code; Energy Code; Historical Building Code; and Existing Building Code

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The Residential, Mechanical, Plumbing, Energy, Historical Building, and Existing Building Codes are proposed to be adopted by reference in the ordinance.

Electrical Code

The 2022 California Electrical Code is proposed to be adopted by reference with three local amendments. First, all new electrical services are required to be underground. As some buildings in Gilroy are located in high-wind areas, amending the code to eliminate overhead services that are inherently less safe in the event of disasters will provide a higher level of safety. Second, amending the Electrical Code to require the disconnects of electrical power for each building to be in a readily accessible location on the first floor will provide a quicker means of finding the main power disconnects in a seismic, fire, or another emergency event. Third, requiring grounding systems in new buildings to be an electrode encased in concrete allows significantly higher assurances that the grounding of the building's electrical system will not deteriorate and fail due to the acidic and expansive properties of local soils. Providing equipment grounding conductors enhances the capability of keeping electrical systems grounded, which is important in high-amperage electrical services.

Property Maintenance Code and Swimming Pool and Spa Code

In addition to the California codes, the International Property Maintenance Code (IPMC) and the International Swimming Pool and Spa Code (ISPSC) are proposed to be included in the code adoption. Staff determined that the inclusion of the ISPSC is needed and deemed appropriate as it contains more detailed provisions regarding the plumbing and mechanical elements and is in line with the California Codes. The IPMC is proposed to be adopted again and deemed needed and appropriate because the Gilroy Municipal Code and the State's Health and Safety Code do not have the requirements for property maintenance and housing habitability in the IPMC.

The California Green Building Standards Code is being adopted under a separate ordinance due to the introduction of local amendments known as "reach codes" as part of the adoption of these codes.

Adopting the new 2022 codes will ensure that buildings and structures in Gilroy will safeguard the public's health, safety, and general welfare. Therefore, staff recommends that the Council introduce the proposed ordinance adopting the new codes with amendments and set a public hearing on November 21, 2022. This timeline will allow notice of the public hearing to be published once a week for two successive weeks pursuant to Government Code Section 6066. The new codes with any approved local amendments will become effective on January 1, 2023.

ALTERNATIVES

The City Council may adopt the new codes without any of the amendments; adopt the new codes with only a portion of the amendments; or adopt the new codes with

11.2 Packet Pg. 127

modifications to the amendments. Staff does not recommend these actions. Without the complete code adoption with amendments, the base code would provide only the minimum standards without considering local conditions in Gilroy.

FISCAL IMPACT/FUNDING SOURCE

There is no direct cost to the City for adopting the Codes.

CONCLUSION

The adoption of building codes by reference with local amendments provides for an increased level of health and safety for Gilroy residents and businesses.

Attachments:

1. Draft Ordinance

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ORDINANCE NO. 2022-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING SECTIONS 6.1, 6.6, AND 6.7 OF
CHAPTER 6 OF THE GILROY MUNICIPAL CODE
ADOPTING BY REFERENCE THE 2022 CALIFORNIA
BUILDING CODE, 2022 CALIFORNIA RESIDENTIAL
CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022
CALIFORNIA MECHANICAL CODE, 2022 CALIFORNIA
PLUMBING CODE, 2022 CALIFORNIA ENERGY CODE,
2022 CALIFORNIA HISTORICAL BUILDING CODE, 2022
CALIFORNIA EXISTING BUILDING CODE, 2021

INTERNATIONAL PROPERTY MAINTENANCE CODE,
AND 2021 INTERNATIONAL SWIMMING POOL AND

SPA CODE, WITH AMENDMENTS
WHEREAS, the California Building Standards Commission has adopted and published an updated Title 24 of the California Code of Regulations, also referred to as the 2022 California Building Standards Code, that will become effective statewide on January 1, 2023; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958. 7, and 18941.5 establish the authority for a city to adopt and make local amendments and modifications to the building standards in the California Building Standards Code to establish more restrictive building standards than those contained in the California Building Standards Code; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 permit a city to make such local amendments and modifications as the city determines are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 require a city, before making any amendments and modifications to the California Building Standards Code, make an express finding that such amendments and modifications are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, the City of Gilroy has reviewed and intends to adopt the 2022 California Building Standards Code; and
WHEREAS, the City Council wishes to amend portions of the California Building Standards Code to better address local conditions and makes express findings that such amendments are reasonably necessary because of local climatic, geological or topographical conditions as set forth in this Ordinance.

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

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Packet Pg. 129 Attachment: Draft Ordinance (4049 : First Reading for Building Code Adoption)

Ordinance No. 2022-XX
Building Code Adoption
City Council Regular Meeting | November 7, 2022

SECTION I
The City Council has duly considered the full record before it, which may include but is not limited to the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

SECTION II

The City Council hereby finds and determines that this Ordinance has been assessed in accordance with the California Environmental Quality Act (Cal. Pub. Res. Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.) and is categorically exempt from CEQA under CEQA Guidelines, § 15061(b)(3), which exempts from CEQA any project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Adoption of the proposed Ordinance would not be an activity with potential to cause significant effect on the environment because the changes made to the California Building Standards Code within are enacted to mitigate the threats posed to public peace, health and safety from earthquakes, storms, floods, high winds and fire, and therefore is exempt from CEQA. Therefore, it can be seen with certainty that there is no possibility that the Ordinance in question may have a significant effect on the environment; accordingly, the Ordinance is categorically exempt from CEQA.

SECTION III
Section 6.1 of Chapter 6 of the Gilroy Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:

6.1 Construction codes adopted.

For the purpose of setting forth proper regulations for the protection of the public health, safety and welfare, regulating the erection, construction, enlargement, alteration, repair, relocation, demolition, conversion, occupancy, equipment, use, height, area and maintenance of buildings and structures in the city, providing for the issuance of permits and collection of fees therefor and provisions for the violation thereof, the following construction codes are adopted, as amended, to apply in the City of Gilroy:
(a) 2022 California Building Code;
(b) 2022 California Residential Code;
(c) 2022 California Electrical Code;
(d) 2022 California Mechanical Code;
(e) 2022 California Plumbing Code;
(f) 2022 California Energy Code;
(g) 2022 California Historical Building Code;

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Ordinance No. 2022-XX
Building Code Adoption
City Council Regular Meeting | November 7, 2022

(h) 2022 California Existing Building Code;
(i) 2021 International Property Maintenance Code;
(j) 2021 International Swimming Pool and Spa Code;
(k) 2022 California Green Building Standards Code;
(l) 2022 California Fire Code.

SECTION IV
Section 6.6 of Chapter 6 of the Gilroy Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:

6.6 Adoption.

1. This article shall be known and cited as the Gilroy Building Safety Code.

2. The following Codes are hereby adopted by reference for the City of Gilroy:
(a) The 2022 California Building Code, published by the International Code Council, Inc. and the California Building Standards Commission in Part 2 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The adoption includes Appendix J. Amendments, if any, are set forth in Section 6.7(a). The 2022 California Building Code shall be designated and referred to as the "Building Code" for the City of Gilroy. There is one copy of said Code on file in the office of the Building Official for use and examination by the public.
(b) The 2022 California Residential Code, published by the International Code Council, Inc. and the California Building Standards Commission in Part 2.5 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein.

The adoption includes Appendix K. Amendments, if any, are set forth in Section 6.7(b).

The 2022 California Residential Code shall be designated and referred to as the "Residential Code" for the City of Gilroy. There is one copy of said Code on file in the office of the Building Official for use and examination by the public. (c) The 2022 California Electrical Code, published by the National Fire Protection Agency and the California Building Standards Commission in Part 3 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The adoption includes Annexes A, B, C, D, and F. Amendments, if any, are set forth in Section 6.7(c). The 2022 California Electrical Code shall be designated and referred to as the “Electrical Code” for the City of Gilroy. There is one copy of said Code on file in the office of the Building Official for use and examination by the public.

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Ordinance No. 2022-XX
Building Code Adoption
City Council Regular Meeting | November 7, 2022

(d) The 2022 California Mechanical Code, published by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission in Part 4 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. Amendments, if any, are set forth in Section 6.7(d). The 2022 California Mechanical Code shall be designated and referred to as the "Mechanical Code" for the City of Gilroy. There is one copy of said Code on file in the office of the Building Official for use and examination by the public.
(e) The 2022 California Plumbing Code, published by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission in Part 5 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The adoption includes Appendices A, B, C, D, I, and M.

Amendments, if any, are set forth in Section 6.7(e). The 2022 California Plumbing Code shall be designated and referred to as the “Plumbing Code” for the City of Gilroy. There is one copy of said code on file in the office of the Building Official for use and examination by the public.
(f) The 2022 California Energy Code, published by the International Code Council, Inc. and the California Building Standards Commission in Part 6 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The adoption includes Appendices 1-A and 1-B. Amendments, if any, are set forth in Section

6.7(f). The 2022 California Energy Code shall be designated and referred to as the “Energy Code” for the City of Gilroy. There is one copy of said Code on file in the office of the Building Official for use and examination by the public. (g) The 2022 California Historical Building Code, published by the International Code Council, Inc. and the California Building Standards Commission in Part 8 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. Amendments, if any, are set forth in Section 6.7(g). The 2022 California Historical Building Code shall be designated and referred to as the “Historical Building Code” for the City of Gilroy. There is one copy of said Code on file in the office of the Building Official for use and examination by the public. (h) The 2022 California Existing Building Code, published by the International Code Council, Inc. and the California Building Standards Commission in Part 10 of Title 24 of the California Code of Regulations, is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The adoption includes Appendices A1, A2, A3, and A5. Amendments, if any, are set forth in Section 6.7(h). The 2022 California Existing Building Code shall be designated and referred to as the “Existing Building Code” for the City of Gilroy. There

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Ordinance No. 2022-XX
Building Code Adoption
City Council Regular Meeting | November 7, 2022

is one copy of said Code on file in the office of the Building Official for use and examination by the public.
(i) The 2021 International Property Maintenance Code, published by the International Code Council, Inc., is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The adoption includes Appendix A. Amendments, if any, are set forth in Section 6.7(i). The 2021 International Property Maintenance Code shall be designated and referred to as the "Property Maintenance Code" for the City of Gilroy. There is one copy of said Code on file in the office of the Building Official for use and examination by the public. (j) The 2021 International Swimming Pool and Spa Code, published by the International Code Council, Inc., is hereby adopted and referred to, and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein.

Amendments, if any, are set forth in Section 6.7(j). The 2021 International Swimming Pool and Spa Code shall be designated and referred to as the "Swimming Pool and Spa Code" for the City of Gilroy. There is one copy of said Code on file in the office of the Building Official for use and examination by the public.

SECTION V
Pursuant to California Health and Safety Code Sections 17958. 7 and 18941.5, the City Council hereby finds that the amendments are reasonably necessary due to local climatic, geological or topographical conditions as set forth below.

1. Many of the modifications or changes are reasonably necessary because of the following climatic conditions.
(a) The region is within a climate zone that requires compliance with energy efficiency standards for building construction. The amendment adds design flexibility that will add to energy efficiency in construction while maintaining nationally recognized health and safety standards. This reason is hereinafter referred to as “Climatic I.”
(b) The region is within a national climate zone that is designated “Very High” on the Termite Infestation Probability Map. This reason is hereinafter referred to as “Climatic II.”

2. Many of the modifications or changes are reasonably necessary because of the following geological conditions.
(a) The region is located in an area of high seismic activities as indicated by United States Geological Survey and California Division of Mines and Geology. Recent earthquake activities have indicated the lack of adequate design and detailing as a contributing factor to damages that reduced the protection of the life-safety of building occupants. This reason is hereinafter referred to as “Geological I.”

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Ordinance No. 2022-XX
Building Code Adoption
City Council Regular Meeting | November 7, 2022

(b) The region is located in an area of high seismic activities as indicated by United States Geological Survey and California Division of Mines and Geology. Recent earthquake activities have indicated the lack of flexibility of materials and/or building systems as a contributing factor to damages that reduced the protection of the life-safety of building occupants and increased the cost of rehabilitation of structures. This reason is hereinafter referred to as “Geological II.”

3. Many of the modifications or changes are reasonably necessary because of the following topographical conditions.
(a) Portions of the City are in hillside areas that are hazardous fire areas that have only limited fire suppression forces and facilities available for the protection of life and property. This reason is hereinafter referred to as “Topographical I” (b) Portions of the City are in hillside areas with extensive hillside construction that is prone to erosion. This reason is hereinafter referred to as “Topographical II”.

4. Some of the modifications or changes are reasonably necessary because of other climatic, geological or topographical conditions.

SECTION VI
Section 6.7 of Chapter 6 of the Gilroy Municipal Code is hereby repealed in its entirety and replaced with the text below to read as follows:

6.7 Amendments.
(a) Amendments to the Building Code
(1) Amend Section 1.8.4.2 to read as follows:

1.8.4.2 Fees. Fees shall be assessed in accordance with the adopted City of Gilroy Comprehensive Fee Schedule.

Reason for amendment: The City adopts the Comprehensive Fee Schedule annually. All Building and development fees shall be assessed in accordance with the most current and adopted Comprehensive Fee Schedule.

(2) Amend Section 105.7 to read as follows:

105.7 Placement of Permit. The building permit, along with all plans and documentation approved by the building official, shall be kept on the site of the work until final approval has been granted by the building official.

Reason for amendment: Clarifies that the approved plans and documentations are at the job site for the inspector and contractor to follow.

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Ordinance No. 2022-XX
Building Code Adoption
City Council Regular Meeting | November 7, 2022

(3) Amend Section 109.2 to read as follows:
109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alternations requiring a permit, a fee for each permit shall be paid as required by the adopted current adopted City of Gilroy Comprehensive Fee Schedule.

Reason for amendment: The City Council reviews and adopts the City of Gilroy Comprehensive Fee Schedule. All Building and development fees shall be assessed in accordance with the most current and adopted Comprehensive Fee Schedule. (4) Amend Section 109.4 to read as follows:
109.4 Work commencing before permit issuance. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, the fee for necessary permits shall be double the fee established by the current City of Gilroy Comprehensive Fee Schedule approved by the city council.

Reason for amendment: The City Council reviews and adopts the City of Gilroy Comprehensive Fee Schedule. All Building and development fees shall be assessed in accordance with the most current and adopted Comprehensive Fee Schedule. Doubling the permit fee is a standard procedure from prior practice and adopted codes. (5) Add Section 109.7 to read as follows:
109.7 Plan review fees. When a plan review requires a plan checking fee, the fee shall be paid at the time of submitting plans, calculation and specifications for checking. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items an additional plan review fee may be charged as deemed necessary by the building official at an hourly rate established in the City of Gilroy Comprehensive Fee Schedule adopted by the city council.

Reason for amendment: Provides clarification of when plan review fees are paid and maintains consistency with prior adopted code cycles that additional fees may be charged as deemed necessary by the Building Official at an hourly rate as established in the most current and adopted Comprehensive Fee Schedule.
(6) Add Section 110.7 to read as follows:
110.7 Inspection Record Card. Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder has posted or otherwise made available the inspection record card issued by the building official such as to allow the building official to conveniently make the required entries thereon regarding

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Ordinance No. 2022-XX
Building Code Adoption
City Council Regular Meeting | November 7, 2022

inspection of the work. This card shall be maintained and available by the permit holder until final approval has been granted by the building official.

Reason for amendment: The building official amends and adds this new section to require that the inspection card be available at the job site. The inspection card contains inspection description and building inspector signoff information to allow the inspector to follow through on each permit.
(7) Amend Section 402.5 as follows:

Delete exception.

Reason for amendment: Geological I and II
(8) Amend Section 403.3 as follows:

Delete exception.

Reason for amendment: Geological I and II
(9) Amend Section 404.3 as follows:

Delete all exceptions.

Reason for amendment: Geological I and II
(10) Amend Section 410.6 as follows:

Delete all exceptions.

Reason for amendment: Geological I and II
(11) Amend Section 903.2 to read as follows:
903.2 Where Required. Approved Automatic sprinkler system in new and existing buildings and structures shall be provided in the locations as set forth in the Gilroy Fire Code and the California Fire Code. If any conflicts occur between the California Building Code and the Gilroy Fire Code, the Gilroy Fire Code shall prevail.

Reason for amendment: Amending the Code to explicitly express that if any conflicts occur between the California Building Code and the Gilroy Fire Code, the Gilroy Fire Code shall prevail.
(12) Amend Section 1505.1.3 to read as follows:

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Ordinance No. 2022-XX
Building Code Adoption
City Council Regular Meeting | November 7, 2022

1505.1.3 Roofing requirements in a Wildland-Urban Interface Fire Area.

Roofing requirements for structures located in a Wildland-Urban Interface Fire Area shall comply with Section 705A. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A.

Reason for amendment: Amending the Code to require that the roof covering for structures in the hillside area is a minimum Class A, and this is necessary due to the climatic conditions of the area. The hillside area has a long history of high winds, with an associated higher risk of accelerated and more significant structure damage and higher potential for related casualties.
(13) Add Section 1505.1.4 to read as follows:
1505.1.4 Roofing. Class A roof covering shall be required for all Hillside Construction.

Reason for amendment: Amending the Code to require that the roof covering for structures in the hillside area is a minimum Class A, and this is necessary due to the climatic conditions of the area. The hillside area has a long history of high winds, with an associated higher risk of accelerated and more significant structure damage and higher potential for related casualties.
(14) Amend Section 1705.3 Exception 1 to read as follows:

1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based upon a specified compressive strength, f’c , no greater than 2,500 pounds per square inch (psi) (17.2 MPa).

Reason for amendment: Amending the Code to require special inspection for isolated spread concrete footings of buildings of three stories or less where the structural design of the footing is based upon a specified compressive strength of concrete greater than 2,500 psi, and this is necessary due to expansive (clay) soils and seismic activity common to this geological area.
(15) Amend Section 1808.1 by adding the following to the end of the section to read as follows:

All new foundations for building additions to R-3 occupancies shall be of the same type of foundation system as the existing structure, unless the foundation system is designed, and plans, calculations, and specifications are prepared, stamped and signed, by a California licensed engineer or architect.

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Ordinance No. 2022-XX
Building Code Adoption
City Council Regular Meeting | November 7, 2022

Reason for amendment: Amending the Code to require all new foundations for building additions to R-3 occupancies shall be of the same type of foundation system as the existing structure, unless the foundation system is designed, and plans, calculations, and specifications are prepared, stamped and signed, by a California licensed engineer or architect, and this is necessary due to expansive (clay) soils and seismic activity common to this geological area.
(16) Adopt the following Appendix:

Appendix J - Grading
(17) Add subsections to Section J110 Erosion Control to read as follows:

J110.3 Erosion Control.
a. The applicant shall submit an Interim Erosion and Sediment Control Plan. This can be incorporated on the Grading Plan and shall include the following information:

1. Maximum surface runoff from the site as calculated using the method approved by the Building Official.

2. A delineation and brief description of the surface runoff and erosion control measures to be implemented including, but not limited to, types and methods of applying mulches to be used.

3. A delineation and brief description of vegetative measures to be taken, including but not limited to, seeding methods, the type, location and extent of existing and undisturbed vegetation types, and a schedule for maintenance and upkeep.
b. No improvements planned. Where an applicant does not plan to construct permanent improvements on the site, or plans to leave portions of the site graded but unimproved, applicant must:

1. Submit an Interim Plan designed to control runoff and erosion on the site for the period of time during which the site, or portions thereof, remain unimproved.

2. Submit a request for release after the completion of grading. c. Work Schedule. The applicant must submit a master work schedule showing the following information:

1. Proposed grading schedule.

2. Proposed conditions of the site on each July 15, August 15, September 15, and October 15 during which the permit is in effect.

3. Proposed schedule for installation of all interim erosion and sediment control measures including, but not limited to, the stage of completion of erosion

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Ordinance No. 2022-XX
Building Code Adoption
City Council Regular Meeting | November 7, 2022

control devices and vegetative measures on each of the dates set forth in Subsection (2).

4. Schedule for construction of final improvements, if any.

5. Schedule for installation of permanent erosion and sediment devices where required.
d. Season Work (October 15 to April 15).

1. For commencement of the grading during the wet season, applicant must provide special documentation, as required by Building Official, showing the reasons other than financial, for the need to commence at that time.

2. For continuation of activities, other than installation, maintenance or repair of measures in the interim or final plans, during the wet season, permittee must apply for and receive in writing from the Building Official, every five (5) working days, special permission to proceed.

3. The Building Official shall grant permission under this subsection on the basis of weather forecasts, experience and other pertinent factors, which indicate the activity, may occur without excessive erosion occurring.

J110.4 Dust and Mud Control Measures. Contractors performing grading operations within the City where dry conditions or wet conditions are encountered shall adequately and effectively control dust or mud from spreading off site or onto existing structures on site. Prior to commencement of grading operations, contractor shall furnish details of proposed dust or mud control measures to the Building Official for approval. Failure to control dust or mud from grading operations shall result in suspension of grading operations until adequate measures are in place to allow continuance.

J110.5 Archeological Discovery. If in the course of any grading operation, any artifacts, human remains, or substantial fossils are discovered, all grading operations shall cease, and the discovery site shall be suitably marked and protected from further damage. A report of such findings shall be as outlined in the Zoning Ordinance.

Specifically, if human remains are discovered, the Sheriff-Coroner and the Building Official shall be notified. If no human remains are discovered, but artifacts or significant fossils are discovered, the Building Official shall be notified.

J110.6 Administration and Enforcement.

J110.6.1 Work Stoppage. Whenever the Building Official determines that the work does not comply with the terms of the permit or of this Ordinance Section, they may order the immediate cessation of all work hereunder until such corrective measures have been completed.

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Ordinance No. 2022-XX
Building Code Adoption
City Council Regular Meeting | November 7, 2022

J110.6.2 Right of Entry. Whenever the Building Official or designated subordinate(s) have reasonable or probable cause to believe that there exists accelerated erosion and/or a violation of this Ordinance Section, they may enter such site at all reasonable times to inspect the same, to perform any duty imposed upon them by this Ordinance Section; providing that if such premises are occupied, they shall first present proper credentials and request entry, and if the premises are found to be unoccupied, they shall first make a reasonable effort to locate the owner or other person having charge or control of said premises and request entry. If such entry is refused or the owner or person having charge or control cannot be located after reasonable effort, the Building Official shall have recourse to every remedy provided by law to secure entry and abate the erosion or violation.

J110.6.3 Notification of Violation. Any person found to be in violation of the provisions of this Ordinance Section shall be required to correct the problem upon written notification from the Building Official or designated subordinate(s). Such written notification may require that certain conditions be adhered to in the correction of the problem. These may include, but are not limited to, the following:
a. Use of specific erosion control techniques
b. Submittal of plans and specifications to be approved by the Community Development Department, and any other department affected by such work, prior to the commencement of corrective work.
c. Completion of corrective work within a specified time period.

J110.6.4 Abatement of Violation. If the responsible party fails to act in response to written notification of the Building Official, the violation may be declared a public nuisance and be abated as required to restore the site to its original condition. Where there is an emergency condition of erosion or sediment damaging a waterway, marsh, or other body of water, or significant habitat or archeological site, the Building Official may have the necessary corrective work done and bill the property owner or lien the property for repayment.

J110.6.5 Penalties.
a) Any person, whether as principal, agent, employee or otherwise, or firm or corporation violating, or causing or permitting the violation of any of the provisions of this Ordinance Section shall be subject to citations and penalties set forth in the Gilroy Municipal Code, Section 1.7, Section 6.16 and Chapter 6A.

b) Each separate day or portion thereof during which any violation occurs or continues without a good faith effort by the responsible person to correct the violation, shall be deemed to constitute a separate offense.

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Ordinance No. 2022-XX
Building Code Adoption
City Council Regular Meeting | November 7, 2022

c) In addition to the above noted penalties, the Building Official is hereby authorized to attach an investigation fee up to twice the grading permit fee, to any such permit issued for corrective action.

J110.6.6 Enforcement. The Building Official and or their designated subordinate(s) is hereby authorized and directed to enforce all the provisions of this Ordinance Section. For such purpose, the Building Official shall have the powers of a law enforcement officer.

J110.6.7 Appeals. Any person who believes the Building Official has erred in the technical application of this Ordinance Section may appeal such action to the Building Board of Appeals.

Reason for amendment: Geological II.
(b) Amendments to the Residential Code
(1) Adopt the following Appendix:

Appendix K – Sound Transmission
(c) Amendments to the Electrical Code
(1) Amend Section 230.2 by adding subsection (F) to read as follows:
230.2(F). Underground Service. All new electrical services shall be underground and installed per Section 230.30, Underground Service-Lateral Conductors. In existing commercial and industrial areas, existing overhead utilities shall be placed underground in connection with new development. In existing residential areas of the city in which development has occurred with overhead utilities in or along the frontage of properties, existing utilities shall be placed underground in connection with the development or redevelopment of property consisting of four (4) or more dwelling units.

Reason for amendment: Section is amended to require undergrounding for new electrical services. Section is also amended to remain consistent with the Gilroy Municipal code Chapter 21 Section 21.114 titled Undergrounding required with new streets and development. Many buildings in Gilroy are located in high wind areas. Due to this local climatic condition, amending the Code to provide for elimination of overhead services that are inherently less safe in the event of windstorms will provide a higher level of safety.

(2) Amend Section 230.70(A) by adding subsection (4) to read as follows:

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Ordinance No. 2022-XX
Building Code Adoption
City Council Regular Meeting | November 7, 2022

(4) Main Service Disconnect Location. The building main service disconnect and/or disconnects shall be installed on the first-floor level of the building, in accordance with 230.70(A)(l), (A)(2), and (A)(3).

Reason for amendment: Quick access to the buildings main service disconnect is critical for emergency services. This amendment provides a quicker means of finding the location of the main power disconnects to buildings in the event of seismic events and other emergencies. This critical as Gilroy is located in an area of high seismic activities.

(3) Amend Section 250.50 by adding subsection (A) to read as follows:

Main 250.50(A). Grounding System in New Buildings. Grounding electrode systems in all new buildings shall be an electrode encased by at least 50 mm (two inches) of concrete, located horizontally near the bottom or vertically, and within that portion of a concrete foundation or footing that is in direct contact with earth. The electrode shall consist of at least 6.0 m (20 feet) of one or more steel reinforcing bars or rods, of not less than 13 mm (½ inch) diameter or consisting of at least 6.0 m (20 feet) of bare copper conductor not smaller than 4 AWG. The connection side of this concrete-encased electrode shall be located remotely away from the main electrical service equipment.

Reason for amendment: Amending the Code allows significantly higher assurances that the grounding of the building electrical system will not deteriorate and fail due to the properties of local soils. Other types of grounding, such as rods, maybe subject to deterioration in local soils, whereas an encased electrode will not be in contact with the soils.

Providing a concrete-encased electrode enhances the capability of keeping electrical systems grounded, which is important for electrical services in the City of Gilroy. (4) Adopt the following Annex:

Annex A – Product Safety Standards
Annex B – Application Information for Ampacity Calculation Annex C – Conduit, Tubing, and Cable Tray Fill Tables for Conductors and Fixture Wires of the Same Size
Annex D – Examples
Annex F – Availability for Critical Operations Power Systems; and Development and Implementation of Functional Performance Tests (FPTs) for Critical Operations Power Systems

(d) Amendments to the Mechanical Code
(1) Adopt no amendments.

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Ordinance No. 2022-XX
Building Code Adoption
City Council Regular Meeting | November 7, 2022