February 27, 2023 | 6:00 PM Page 1 of 8 City Council
Regular Meeting Agenda
CITY COUNCIL & GILROY PUBLIC FACILITIES
FINANCING AUTHORITY
REGULAR MEETING
AGENDA PACKET
MONDAY, FEBRUARY 27, 2023 | 6:00 PM
CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET, GILROY, CA 95020
MAYOR / CHAIR
Marie Blankley
COUNCIL MEMBERS / DIRECTORS
Rebeca Armendariz
Dion Bracco
Tom Cline
Zach Hilton
Carol Marques
Fred Tovar
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 www.cityofgilroy.org for any updates to meeting information.
COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker. Please limit your comments to 3 minutes. The amount of time allowed per speaker may vary at the Mayor’s discretion depending on the number of speakers and length of the agenda.
Written comments on any agenda item may be emailed to the City Clerk’s Office at [email protected] or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1 p.m. on the day of a Council meeting will be distributed to the City Council prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351 Rosanna Street prior to the meeting. Any correspondence received will be incorporated into the meeting record. Items received after the 1 p.m. deadline will be provided to the City Council as soon as practicable. Written comments are also available on the City’s Public Records Portal at bit.ly/3NuS1IN.
City Council
Regular Meeting Agenda Page 2 of 8 February 27, 2023 | 6:00 PM 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 review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure.
A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City.
Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available 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].
To access written translation during the meeting, please scan the QR Code or click this link:
Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace:
bit.ly/3FBiGA0
Choose Language and Click Attend | Seleccione su lenguaje y haga clic en asistir Use a headset on your phone for audio or read the transcript on your device.
Use sus auriculares para escuchar el audio o leer la transcripción en el dispositivo.
The agenda for this regular meeting is as follows:
City Council
Regular Meeting Agenda Page 3 of 8 February 27, 2023 | 6:00 PM
1. OPENING (CITY COUNCIL)
1.1. Call to Order
1.2. Pledge of Allegiance
1.3. Invocation
1.4. City Clerk's Report on Posting the Agenda
1.5. Roll Call
1.6. Orders of the Day
1.7. Employee Introductions
2. CEREMONIAL ITEMS - Proclamations and Awards
2.1. Proclamation – Proclaiming March 2023 as Youth Arts Month
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 jurisdiction but not on the agenda. Persons wishing to address the Council are requested to complete a Speaker’s Card located at the entrances and handed to the City Clerk. Speakers are limited to 1 to 3 minutes each, varying at the Mayor’s discretion depending on the number of speakers and length of the agenda. The law does not permit Council action or extended discussion of any item not on the agenda except under special circumstances. If Council action is requested, the Council may place the matter on a future agenda.
Written comments to address the Council on matters not on this agenda may be e-mailed to the City Clerk’s Office at [email protected] or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1:00pm on the day of a Council meeting will be distributed to the City Council prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351 Rosanna Street, prior to the meeting. Any correspondence received will be incorporated into the meeting record.
Items received after the 1:00pm deadline will be provided to the City Council as soon as practicable. Written material provided by public members under this section of the agenda will be limited to 10 pages in hard copy. An unlimited amount of material may be provided electronically.
4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco – Cities Association Santa Clara County Board of Directors (alternate), Santa Clara County Library Joint Powers Authority, Santa Clara Valley Water Commission, Santa Clara Valley Water Joint Water Resources Commission, SCRWA Council Member Armendariz – Santa Clara County Library Joint Powers Authority, Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy Authority JPA Board (alternate), South City Council
Regular Meeting Agenda Page 4 of 8 February 27, 2023 | 6:00 PM County United for Health
Council Member Marques – ABAG, Gilroy Gardens Board of Directors, Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, SCRWA (alternate)
Council Member Hilton – CalTrain Policy Group (alternate), Silicon Valley Clean Energy Authority JPA Board, South County United for Health (alternate), VTA Policy Advisory Committee
Council Member Cline – Gilroy Economic Development Partnership (alternate), Gilroy Sister Cities Association, Gilroy Youth Task Force, Silicon Valley Regional Interoperability Authority Board, VTA Policy Advisory Committee (alternate), Visit Gilroy California Welcome Center Board
Council Member Tovar – Gilroy Youth Task Force (alternate), Santa Clara County Expressway Plan 2040 Advisory Board, Santa Clara Valley Water Commission, SCRWA, South County Youth Task Force Policy Team, VTA Mobility Partnership Mayor Blankley – ABAG (alternate), CalTrain Policy Group, Cities Association Santa Clara County Board of Directors, Gilroy Economic Development Partnership, Gilroy Sister Cities Association (alternate), Gilroy Youth Task Force, Santa Clara Valley Water Joint Water Resources Commission, SCRWA, South County Youth Task Force Policy Team, VTA Board of Directors, VTA Mobility Partnership
5. COUNCIL CORRESPONDENCE
5.1. Advisory and Request from the California League of Cities for a Resolution Opposing the Taxpayer Protection and Government Accountability Act Ballot Measure
6. FUTURE COUNCIL INITIATED AGENDA ITEMS
7. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of the City Council or a member of the public. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears.
7.1. Approval of the Action Minutes of the February 6, 2023 City Council Regular Meeting
7.2. Adoption of a Resolution Approving Budget Amendments in Fiscal Year 2022-23 Adding $43,529 from the Board of State and Community Corrections Officer Wellness and Mental Health Grant Program to the Police Department Grants Fund.
7.3. Resolution of the City Council of the City of Gilroy Declaring Weeds a Nuisance
7.4. Tentative Map Time Extension Request for Greenfield Subdivision approval City Council
Regular Meeting Agenda Page 5 of 8 February 27, 2023 | 6:00 PM to subdivide 8.36 acres into 14 residential lots, and dedication of 3.7 acres to Uvas Creek Preserve, located at the northerly end of Greenfield Drive, APN 808-20-008, Applicant James Suner (TM 16-02)
7.5. Adopt an Ordinance of the City Council of the City of Gilroy Amending Chapter 19B of the Gilroy City Code Relating to Smoking Pollution Control to Prohibit Smoking at Multi-Family Housing Properties and Public Events Except in Designated Areas
7.6. Adopt an Ordinance of the City Council of the City of Gilroy Amending Chapter 19C of the Gilroy City Code Relating to Social Host Accountability to Increase the Penalty Amounts and Increase the Period of Time for Issuing Citations
7.7. Claim of Loreen Clark (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute a denial of the claim).
8. BIDS AND PROPOSALS
8.1. Award a Contract to Itech Solution in the Amount of $134,140 with a project contingency of $13,414 (10%) and Approve a Project Expenditure of $147,554 for Gilroy Sports Park Playground Surface Repair, Project No. 23- PW-276
1. Staff Report: Daryl Jordan, Public Works Director
2. Public Comment
3. Possible Action:
Award a contract to Itech Solution in the amount of $134,140 with an additional project contingency of $13,414 (10%), for a total construction cost of $147,554 for the Gilroy Sports Park Playground Surface Repair, Project No. 23-PW-276, and authorize the City Administrator to execute the contract and associated documents.
8.2. Approve an Amendment to the Agreement for Services with Alpine Landscapes for Community Facilities District (CFD) Landscape Maintenance Services to Include Trash and Debris Removal, the Annual Cost for the Expanded Service, Extend the Agreement for 18 Months, with a Total Cost of $500,450 for the 18 Month Extension
1. Staff Report: Daryl Jordan, Public Works Director
2. Public Comment
3. Possible Action:
Approve an amendment with Alpine Landscapes to increase the annual contract amount by $26,916 per year to a total amount of $333,633 and extend the term of the existing agreement by 18 months for landscape and maintenance services and authorize the City Administrator to execute the amendment and related documents.
8.3. Approve an Amendment to the Agreement for Services with Jensen Landscape Services, LLC for Parks and Landscape Maintenance Services to Include Trash and Debris Removal, the Annual Cost for the Expanded Service, Extend the Agreement for 18 Months, with a Total Cost of $1,541,637 for the 18 Month Extension
1. Staff Report: Daryl Jordan, Public Works Director
City Council
Regular Meeting Agenda Page 6 of 8 February 27, 2023 | 6:00 PM
2. Public Comment
3. Possible Action:
Approve an amendment with Jensen Landscape Services, LLC to increase the annual contract amount by $92,750 to a total annual amount of $1,027,758 and extend the term of the existing agreement by 18 months for landscape and maintenance services and authorize the City Administrator to execute the amendment and related documents.
9. PUBLIC HEARINGS
9.1. Proposed Tentative Map to divide 6955 Camino Arroyo into two parcels (within Gilroy Crossing commercial development), Application No. TM 22- 05 1. Disclosure of Ex-Parte Communications
2. Staff Report: Sharon Goei, Community Development Director
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Staff has analyzed the proposed project and recommends that the City Council take the following actions:
Determine that the proposed Tentative Map 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, based on its independent analysis; and Adopt a resolution to approve the proposed tentative map to divide the property known as APN 841-70-045 into two separate parcels.
10. UNFINISHED BUSINESS
11. INTRODUCTION OF NEW BUSINESS
11.1. Renaming of the Gilroy Senior Center’s Classroom One after Theodore “Ted” Carpenetti
1. Staff Report: Adam Henig, Recreation Manager
2. Public Comment
3. Possible Action:
Staff recommends renaming the Gilroy Senior Center’s Classroom One after Theodore “Ted” Carpenetti.
11.2. Adopt a Resolution Declaring Additional Gilroy Gardens Property as Surplus Pursuant to Government Code Section 54221; find that the Council’s action in doing so is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3)
1. Staff Report: Bryce Atkins, Assistant to the City Administrator
2. Public Comment
3. Possible Action:
Council adopt the resolution.
City Council
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11.3. Accept the Annual Comprehensive Financial Report for Fiscal Year-Ended June 30, 2022
1. Staff Report: Harjot Sangha, Finance Director
2. Public Comment
3. Possible Action:
Accept and file the report.
11.4. Report on Illegal Fireworks Administrative Citations
1. Staff Report: Sharon Goei, Community Development Director
2. Public Comment
3. Possible Action:
Receive report on illegal fireworks administrative citations and provide direction for the Fireworks Citation program.
12. ADJOURN TO THE MEETING OF GILROY PUBLIC FACILITIES FINANCING
AUTHORITY
13. OPENING (GILROY PUBLIC FACILITIES FINANCING AUTHORITY)
13.1. Call to Order
13.2. Roll Call
14. CONSENT CALENDAR (GILROY PUBLIC FACILITIES FINANCING AUTHORITY) All matters listed under the Consent Calendar are considered by the Gilroy Public Facilities Financing Authority 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 Authority or a member of the public. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears.
14.1. Approval of the Action Minutes of the December 5, 2022 Gilroy Public Facilities Financing Authority Regular Meeting
15. INTRODUCTION OF NEW BUSINESS (GILROY PUBLIC FACILITIES FINANCING
AUTHORITY)
15.1. Approval of Resolutions Specifying Circumstances Under Which Regular Meetings Will Not Be Held; Designating Certain Officers and Employees as Ex Officio Positions; and Adopting a Budget for Fiscal Year 2023-24
1. Staff Report: Andy Faber, General Counsel/Legal Advisor
2. Public Comment
3. Possible Action:
Staff recommends the Board to adopt resolutions of the Gilroy Public Facilities Financing Authority (“Authority”) specifying circumstances under which regular meetings will not be held; designating certain officers and employees as ex officio positions; and adopting a budget for fiscal year 2023-24.
16. ADJOURN TO THE MEETING OF GILROY CITY COUNCIL
17. CITY ADMINISTRATOR'S REPORTS
17.1. Gilroy Clean Up Program Announcement
City Council
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18. CITY ATTORNEY'S REPORTS
19. CLOSED SESSION
19.1. Conference with Negotiator – Collective Bargaining Unit Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.11 (4) Collective Bargaining Unit: Gilroy Police Officers Association, Inc., Representing Gilroy Police Officers;
City Negotiators: Jimmy Forbis, City Administrator; LeeAnn McPhillips, Assistant City Administrator/Administrative Services & Human Resources Director;
Anticipated Issue(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandum of Understanding: MOU Between City of Gilroy & Gilroy Police Officers
20. ADJOURN TO OPEN SESSION
Report of any action taken in Closed Session and vote or abstention of each Council Member if required by Government Code Section 54957.1 and GCC Section 17A.13 (a); Public Report of the vote to continue in closed session if required under GCC Section 17A.11 (e).
21. ADJOURNMENT
FUTURE MEETING DATES
March 2023
6 Regular Meeting - 6:00 p.m
13 Council Goal / Priority Setting Workshop - 6:00 p.m
20 Regular Meeting - 6:00 p.m
April 2023
3 Regular Meeting - 6:00 p.m
17 Regular Meeting - 6:00 p.m
May 2023
1 Regular Meeting - 6:00 p.m
15 Regular Meeting - 6:00 p.m
Meetings are webstreamed on the City of Gilroy’s website at gilroy.city/meetings.
CaliforniaCityFinance.Com
Fiscal and Program Effects of
Initiative 21-0042A1 on Local Governments
If Initiative 21-0042A1 is placed on the ballot and passed by voters, it will result in:
Over $20 billion of local government fee and charge revenues over 10 years placed at heightened legal peril. Related public service reductions across virtually every aspect of city, county, special district, and school services especially for drinking water, sewer sanitation, and public health and safety. About $2 billion of revenues each year from fees and charges adopted after January 1, 2021 subject to legal peril.
1 Over $2 billion dollars of annual revenues from dozens of tax measures approved by voters between January 1, 2022 and the effective date of the act2 subject to additional voter approval if not in compliance with the initiative.
Indeterminable legal and administrative burdens and costs on local government from new and more empowered legal challenges, and bureaucratic cost tracking requirements. The delay and deterrence of municipal annexations.
Substantially higher legal and administrative cost of public infrastructure financing which will delay and deter new residential and commercial development.
Service and infrastructure declines including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services.
1. Local Government Taxes and Services Threatened
With regard to taxes, Initiative 21-0042A1:
Prohibits advisory, non-binding measures as to use of tax proceeds on the same ballot. o Voters may be less informed and more likely to vote against measures. Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter approval (Upland).3
o Because the case law regarding citizen initiative special taxes approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures after the effective date of the initiative. Any such measures adopted after January 1, 2022 through the effective date of the Act should it pass would be void a year after the effective date of the initiative. Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to require that all tax increases or extensions contain a sunset (end date). o This would require additional tax measures to extend previously approved taxes. A city charter may not be amended to impose, extend, or increase a tax might interfere with the ability of cities that do not already have such authority in their charters to adopt Property Transfer Taxes. o There are no more than a few of these every few years, but it is a valuable tax for those that adopt it.
1 Assumes fee increases since January 1, 2022 would be subject to possible legal challenge if not adopted in compliance with the Initiative.
2 The effective date of the initiative would be sometime in December 2024, the date the California Secretary of State certifies the election results of the November 5, 2024 election.
3 Unlike the initiative 17-0050, this initiative does not eliminate that ability of cities and counties to adopt general taxes by majority voter approval.
2217 Isle Royale Lane • Davis, CA • 95616-6616
Phone: 530.758.3952 • Fax: 530.758.3952
Rev. January 14, 2023
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Requires that a tax measure adopted after January 1, 2022 and before the effective date of the initiative that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative. o If past election patterns and elections in 2022 are an indication, over 200 tax measures approving more than $2 billion annual revenues to support local public services would not be in compliance and would be subject to reenactment. Most will be taxes without a specific end date and special taxes (including parcel taxes). Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, the measures would each require declaration of emergency and unanimous vote of the governing board to be placed on a special election ballot within a year for approval or the tax will be void after that date. I would expect most to succeed, but some will not, in particular citizen initiative majority vote special taxes which would have to meet a higher voter approval threshold to continue. Requires voter approval to expand an existing tax to new territory (annexations). This would require additional tax measures and would deter annexations and land development in cities. o If a tax is "extended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions would each require unanimous vote of the agency board to be placed on a special election ballot or would be void a year later.
1.a. Number of Measures and Value of Local Taxes at Risk4 Over a hundred local measures were approved in 2022 that likely do not comply with the provisions of Initiative 21-0042A1. Nearly $2 billion of annual revenues from these voter approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures. We can expect a similar volume of measures in 2024 and a similar volume of non-compliance. So the combined total of annual local funding directly affected by Initiative 21-0042A1 due to its retroactivity provision is about $4 billion.
Citizen Initiative Special Taxes in 2022.
Special taxes placed on the ballot by citizen initiative and approved after January 1, 2022 by a majority but less than two-thirds of the voters are out of compliance with Initiative 21-0042A1.
On June 7, 2022, there were three local special tax measures placed on the ballot by citizen initiative. Two failed to get majority voter approval. A one percent transactions and use tax (sales tax) for the John C. Fremont Healthcare District in Mariposa County received 69.6 percent approval, over the two thirds needed for any special tax under California Constitution Article XIIIC. So this measure was passed in compliance with Initiative 21- 0042A1.
On November 8, 2022, there were 14 local special taxes placed on the ballot by citizen initiative. Seven of these 4 Source: Compilation and summary of data from County elections offices.
June 2022 Initiative Special Taxes - majority voter approval Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
John C. Fremont
Healthcare District Mariposa Measure N Transactions & Use Tax 1 cent $ 150,000 hospital 40yrs 69.6% PASS County of Kings Kings Measure F Transactions
& Use Tax 1/2 cent $ 11,700,000 fire none 37.6% FAIL
Manhattan Beach
USD Los Angeles Measure A School Parcel Tax $1095/yr $ 12,000,000 schools 12yrs 31.2% FAIL
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measures failed with less than majority voter approval. The other seven measures received majority, but less than two-thirds, voter approval. These measures passed under current law but are out of compliance with Initiative 21- 0042A1. Taken together these seven taxes will provide estimated annual revenues of from $900,000 to $1.4 billion in support of parks and recreation, zoo, library, affordable housing, transportation, homelessness prevention, and schools in these communities.
Non-Specific Tax Durations in 2022
Voters approved 106 measures in June 2022 (10) and November 2022 (96) that do not provide a specific duration of time that the tax will be imposed (end date). Typically, the ballot titles for these measures state that the tax would be imposed “until ended by voters.” Four of these measures also did not include any estimate of the annual revenues that the tax would generate, another violation of initiative 21-0042A1. Taken together, these approved local measures generate $561 million per year that will expire a year after the effective date of the initiative if Initiative 21-0042A1 passes.
November 2022 Initiative Special Taxes - majority voter approval Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
Crockett Community
Services District Contra Costa Measure L Parcel Tax $50/parcel $ 60,000 parks/recr none 62.8% PASS Oakland Alameda Measure Y Parcel Tax $68/parcel $ 12,000,000 zoo 20yrs 62.5% PASS County of Mendocino Measure O Transactions
& Use Tax
1/8 cent then 1/4
cent in 2027 $ 4,000,000 library none 60.8% PASS
Los Angeles Los Angeles Measure ULA Property
Transfer Tax
4% if >$5m, 5.5%
if >$10m $600 m to $1.1 b affordable housing none 57.3% PASS County of Sacramento Measure A Transactions
& Use Tax same 1/2 cent $ 212,512,500 transportati
on
40yrs 55.3% PASS
San Francisco Proposition M Business
Operations Tax
$2500-$5000/
vacant resid unit $ 20,000,000 housing 30yrs 54.5% PASS Santa Monica Los Angeles Measure GS Property
Transfer Tax
$56/$1000 if
>$8m $ 50,000,000
schools,
homelessne
ss, afford.
housing
none 53.3% PASS
Total $900,000 to
$1.4 billion
Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
County of Calaveras Measure A Transactions
& Use Tax 1 cent $ 5,000,000 fire none 49.4% FAIL
South San Francisco
(for Schools) San Mateo Measure DD School Parcel Tax $2.50/sf $ 55,900,000 schools none 47.2% FAIL County of Fresno (for CSU ) Measure E Transactions
& Use Tax
1/5 ct,
1/40 ct (Reedley) $ 36,000,000 Calif State Univ 20yrs 46.9% FAIL Santa Cruz Santa Cruz Measure N Parcel Tax $6k/vacant SFU xxx vacant property
xxx 44.2% FAIL
County of Monterey Measure Q Parcel Tax $49/parcel $ 5,500,000 childcare 10yrs 41.1% FAIL San Francisco City
College
San
Francisco Measure O School Parcel Tax $150/sfu $ 37,000,000 schools 10yrs 36.7% FAIL Morro Bay San Luis
Obispo Measure B Parcel Tax $120+/parcel $ 680,000 harbor none 36.0% FAIL Inverness Public
Utility District Marin Measure O Parcel Tax $0.20/sf, $150/vacant $ 276,000 fire none 27.0% FAIL
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Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Oakland Alameda Measure T Business Tax
General various $ 20,900,000 none 71.4% PASS
Culver City Los Angeles Measure BL Business Tax
General various $ 10,000,000 none 60.5% PASS
El Segundo Los Angeles Measure BT Business Tax
General various $ 3,000,000 none 51.2% PASS
Pico Rivera Los Angeles Measure AB Business Tax
General various $ 5,800,000 none 75.5% PASS
Santa Ana Orange Measure W Business Tax
General various neutral none 64.8% PASS
Tracy San Joaquin Measure B Business Tax
General various $ 3,200,000 none 72.6% PASS
Burlingame San Mateo Measure X Business Tax
General various $ 2,500,000 none 75.1% PASS
Los Gatos Santa Clara Measure J Business Tax
General various $ 1,100,000 none 53.4% PASS
Santa Clara Santa Clara Measure H Business Tax
General
$45/employee,
$15/rental unit $ 6,000,000 none 59.5% PASS
Brisbane San Mateo Measure O Business Tax
lodging busn $2.50/rm/day $ 250,000 none 69.2% PASS
East Palo Alto San Mateo Measure L Business Tax
resid. rentals
2.5%
grossRcpts $ 1,480,000 none 69.9% PASS
County of Santa Cruz Unincorporated Measure C Busn Tax - disp cups 12.5cents/cup $ 700,000 none 68.2% PASS
South Lake Tahoe El Dorado Measure G Busn Tax
Cannabis
6% retail,
manufacturing $ 950,000 none 62.9% PASS
McFarland Kern Measure O Busn Tax
Cannabis
8% of gross
receipts retail, $ 1,800,000 none 63.5% PASS
Avenal Kings Measure C Busn Tax
Cannabis
$25+/sf or
15% gr rcpts $ 600,000 none 61.8% PASS
Baldwin Park Los Angeles Measure CB Busn Tax
Cannabis
4%
grossRcpts $ 300,000 none 51.3% PASS
Claremont Los Angeles Measure CT Busn Tax
Cannabis
4%-7% gr
rcpts, $1- $ 500,000 none 61.1% PASS
County of Los Angeles Unincorporated Measure C Busn Tax Cannabis
4% gross
receipts retail, $ 15,170,000 none 60.1% PASS
Cudahy Los Angeles Measure BA Busn Tax
Cannabis
15%
grossRcpts $ 3,600,000 none 54.0% PASS
El Segundo Los Angeles Measure Y Busn Tax
Cannabis
10%
GrossRcpt, $ 1,500,000 none 72.8% PASS
Hermosa Beach Los Angeles Measure T Busn Tax
Cannabis
10%
GrossRcpt, $ 1,500,000 none 67.6% PASS
Lynwood Los Angeles Measure TR Busn Tax
Cannabis 5%to10% $ 3,000,000 none 66.4% PASS
Santa Monica Los Angeles Measure HM Busn Tax
Cannabis
10% gross
Rcpts $ 5,000,000 none 66.4% PASS
South El Monte Los Angeles Measure CM Busn Tax
Cannabis
6% special
excise tax on $ 126,000 none 53.7% PASS
Monterey Monterey Measure J Busn Tax
Cannabis 6% grossRcpt $ 1,300,000 none 65.2% PASS
Pacific Grove Monterey Measure N Busn Tax
Cannabis 6% grossRcpt $ 300,000 none 70.8% PASS
Huntington Beach Orange Measure O Busn Tax
Cannabis
6% retail, 1%
other $ 600,000 none 54.7% PASS
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Notes
?= Ballot measure title did not include an estimate of annual revenues, also not in compliance with Initiative 21-0042A1. n/a*= Arcadia Measure SW passed but sports betting remains illegal after the failure of Propositions 26 and 27 on the November statewide ballot.
Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Laguna Woods Orange Measure T Busn Tax
Cannabis
4%-10% of
gross receipts $ 750,000 none 61.1% PASS
Corona Riverside Measure G Busn Tax
Cannabis
9% of gross
receipts for $ 5,000,000 none 61.6% PASS
Montclair San Bernardino Measure R Busn Tax
Cannabis
7%
grossRcpts $ 3,500,000 none 70.3% PASS
County of San Diego Unincorporated Measure A Busn Tax
Cannabis
6% retail, 3%
distribution, $ 5,600,000 none 57.4% PASS
Encinitas San Diego Measure L Busn Tax
Cannabis
4% to 7% of
gross receipts $ 1,400,000 none 65.1% PASS
Healdsburg Sonoma Measure M Busn Tax
Cannabis 8% grossRcpt $ 500,000 none 72.7% PASS
Exeter Tulare Measure B Busn Tax
Cannabis
10% retail and
other, $10/sf ? none 66.5% PASS
Tulare Tulare Measure Y Busn Tax
Cannabis
10% retail and
other, $10/sf ? none 65.2% PASS
Woodland Yolo Measure K Busn Tax
Cannabis
10%
grossRcpts
? none 66.2% PASS
Redlands San Bernardino Measure J Busn Tax
Distrib centers
from $0.047/sf
to $0.105/sf $ 530,000 none 53.5% PASS
Arcadia Los Angeles Measure SW Busn Tax
Sports Betting
5%
grossRcpts
n/a* none 63.9% PASS
Albany Alameda Measure K ParcelTax $0.074+/sf $ 1,950,000 fire/EMS none 76.0% PASS Cameron Park Airport
District El Dorado Measure J ParcelTax by $600 to $900/parcel $ 117,900 airport/ streets none 78.2% PASS Highlands Village
Lighting Benefit Zone El Dorado Measure L ParcelTax $140+/parcel $ 10,920 streets none 86.3% PASS Knolls Property
Owners CSD El Dorado Measure P ParcelTax by $300+ to $600+/parcel $ 8,400 streets none 75.5% PASS Sundance Trail Zone of
Benefit El Dorado Measure C ParcelTax $600+/yr $ 24,000 roads none 73.2% PASS South Pasadena Los Angeles Measure LL ParcelTax xxx ? library none 86.2% PASS River Delta Fire District Sacramento Measure H ParcelTax $90/yr $ 130,000 fire none 72.1% PASS Emeryville Alameda Measure O PropTransfTax $15/$1000 if $1m-$2m, $ 5,000,000 none 71.6% PASS
San Mateo San Mateo Measure CC PropTransfTax by 1% to 1.5% if >$10m $ 4,800,000 none 71.8% PASS
Alameda Alameda Measure F TOT by 4% to 14% $ 910,000 none 59.2% PASS Clovis Fresno Measure B TOT by 2% to 12% $ 500,000 none 69.7% PASS Kerman Fresno Measure G TOT 10% $ 40,000 none 62.3% PASS Trinidad Humboldt Measure P TOT by 4% to 12% $ 65,000 none 77.6% PASS Imperial Imperial Measure G TOT by 4% to 12% $ 600,000 none 56.2% PASS Arcadia Los Angeles Measure HT TOT by 2% to 12% $ 730,000 none 54.1% PASS Santa Monica Los Angeles Measure CS TOT by 1%, 3%
home shares $ 4,100,000 none 73.7% PASS
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Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Anaheim Orange Measure J TOT online travel
companies $ 3,000,000 none 59.2% PASS
La Palma Orange Measure P TOT by 4% to 12% $ 200,000 none 71.1% PASS Colfax Placer Measure B TOT by 2% to10% $ 29,000 none 73.5% PASS Rocklin Placer Measure F TOT by 2% to 10% $ 300,000 none 59.8% PASS Roseville Placer Measure C TOT by 4% to 10% $ 3,000,000 none 73.0% PASS Big Bear Lake San Bernardino Measure P TOT by 2% to 10% $ 1,300,000 none 54.4% PASS Grand Terrace San Bernardino Measure M TOT new 10% $ 250,000 none 51.9% PASS Yucca Valley San Bernardino Measure K TOT by 5% to 12% $ 1,300,000 none 71.9% PASS Imperial Beach San Diego Measure R TOT by 4% to 14% $ 400,000 none 67.4% PASS El Paso de Robles San Luis ObispoMeasure F TOT by 1% to 11% $ 750,000 none 61.2% PASS Belmont San Mateo Measure K TOT by 2% to 14% $ 600,000 none 79.3% PASS Millbrae San Mateo Measure N TOT by 2% to 14% $ 1,500,000 none 75.8% PASS County of Humboldt Unincorporated Measure J TOT by 2% to 12% $ 3,080,000 none 63.3% PASS County of Placer -
North Tahoe TOT Area Measure A TOT by 2% to 10% $ 4,000,000 none 90.0% PASS County of Santa Cruz Unincorporated Measure B TOT by 1% to 12% $ 2,300,000 none 69.2% PASS County of El Dorado -
East Slope Tahoe Measure S TOT 2/3 by 4% to 14% $ 2,500,000 none 81.8% PASS Chico Butte Measure H TrUT 1 cent $ 24,000,000 none 52.4% PASS Mendota Fresno Measure H TrUT 1.25 cent $ 493,498 none 57.2% PASS Blue Lake Humboldt Measure R TrUT 1 cent $ 30,000 none 55.4% PASS Rio Dell Humboldt Measure O TrUT 3/4cent $ 400,000 none 53.3% PASS County of Kern unincorporated areas Measure K TrUT 1 cent $ 54,000,000 none 50.8% PASS McFarland Kern Measure M TrUT 1 cent $ 579,662 none 62.2% PASS Tehachapi Kern Measure S TrUT 1 cent $ 4,000,000 none 57.2% PASS Avenal Kings Measure A TrUT 1 cent $ 500,000 none 72.5% PASS Susanville Lassen Measure P TrUT 1 cent $ 1,750,000 none 54.7% PASS Baldwin Park Los Angeles Measure BP TrUT 3/4 cent $ 6,000,000 none 58.1% PASS Malibu Los Angeles Measure MC TrUT 1/2 cent $ 3,000,000 none 52.6% PASS Monterey Park Los Angeles Measure MP TrUT 3/4 cent $ 6,000,000 none 58.5% PASS Torrance Los Angeles Measure SST TrUT 1/2 cent $ 18,000,000 none 55.0% PASS Larkspur Marin Measure G TrUT 1/4 cent $ 700,000 none 59.4% PASS Sand City Monterey Measure L TrUT by 1/2cent to
1.5cents $ 1,400,000 none 68.7% PASS
Hemet Riverside Measure H TrUT same 1 cent $ 15,000,000 none 58.0% PASS Elk Grove Sacramento Measure E TrUT 1 cent $ 21,000,000 none 54.1% PASS Galt Sacramento Measure Q TrUT 1 cent $ 3,600,000 none 52.4% PASS Colton San Bernardino Measure S TrUT 1 cent $ 9,500,000 none 66.8% PASS Ontario San Bernardino Measure Q TrUT 1 cent $ 95,000,000 none 53.2% PASS Solana Beach San Diego Measure S TrUT 1 cent $ 3,000,000 none 66.7% PASS Brisbane San Mateo Measure U TrUT 1/2 cent $ 2,000,000 none 63.9% PASS Goleta Santa Barbara Measure B TrUT 1 cent $ 10,600,000 none 64.7% PASS Solvang Santa Barbara Measure U TrUT 1 cent $ 1,600,000 none 63.1% PASS
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Co-temporal Advisory Measures in 2022
At the November 2022 election, there was just one local general tax measure that was accompanied by an advisory measure as to the use of funds. The City of Santa Monica’s Measure DT property transfer tax failed with just 34 percent approval as voters instead chose the citizen initiative Measure GS.
There was also just one such tax use advisory measure on the June 2022 election. Susanville’s voters passed Measure P, a 1 percent transactions and use (sales) tax that generates $1.75 million per year5 for general city services. The measure was accompanied by advisory Measure Q, accompanied the city’s It asked, “If Measure P passes, should the revenues be used to balance the budget to maintain and enhance existing public safety services (police and fire), and provide funding to support street infrastructure improvements and provide funding to support economic development efforts designed to increase businesses, jobs and visitors to Susanville?” Both measures passed. Under Initiative 21-0042A1, the tax will expire a year after the effective date of the initiative (i.e., in December 2025).
1.b. Additional Costs and Public Service Effects of the Tax Provisions Assuming a similar volume of local measures through 2024 as we saw in 2022, there will be over 200 local measures that will need to be redrafted to comply with the Initiative and placed back on the ballot for the taxes to continue after December 2025. The costs of re-drafting, re-placing and re-voting on these measures, previously legally approved by voters, will be in the tens of millions in total statewide.
2. “Exempt Charges” (fees and charges that are not taxes) and Services Threatened With regard to fees and charges adopted after January 1, 2022, Initiative 21-0042A1:
Subjects new fees and charges for a product or service to a new "actual and reasonable test." Subjects fees and charges for entrance to local government property; and rental and sale of local government property to a new, undefined, “reasonable” test. Allows legal challenge to any tax adopted before the effective date of the initiative and after January 1, 5 The Susanville measure also did not include a specific end date and so is included in the list and totals of those measures.
Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Watsonville Santa Cruz Measure R TrUT 1/2 cent $ 5,000,000 none 64.4% PASS Vallejo Solano Measure P TrUT 7/8 cent $ 18,000,000 none 54.7% PASS Modesto Stanislaus Measure H TrUT 1 cent $ 39,000,000 none 62.8% PASS County of Colusa Measure A TrUT 2/3 1/2 cent $ 2,400,000 EMS none 69.4% PASS Atwater Merced Measure B TrUT 2/3 same 1 cent $ 4,000,000 police/fire none 73.7% PASS Truckee Nevada Measure U TrUT 2/3 by 1/4 cent to
1/2 cent $ 3,000,000 open space / trails none 76.4% PASS Palo Alto Santa Clara Measure L UtilityTransfer 18% gas $ 7,000,000 none 77.7% PASS Santa Clara Santa Clara Measure G UtilityTransfer 5 % $ 30,000,000 none 84.2% PASS Hercules Contra Costa Measure N UUT 8% $ 3,600,000 none 69.3% PASS Carson Los Angeles Measure UU UUT 2% electr, gas $ 8,000,000 none 78.4% PASS Sebastopol Sonoma Measure N UUT 3.75% (same) $ 700,000 none 83.5% PASS
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2022. Such a lawsuit could enjoin (stop) the enactment of the tax pending the outcome of the legal challenge.
Subjects a challenged fee to new, higher burdens of proof if legally challenged.
2.a. Value on New Local Government Fees and Charges at Risk6 Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount of local government fee and charge revenue placed at risk is about $2 billion per year including those adopted since January 1, 2022. Of $2 billion, about $900 million (45 percent) is for special districts, $800 million (40 percent) is cities, and $300 million (15 percent) is counties.7 Major examples of affected fees and charges are:
1. Certain water, sanitary sewer, wastewater, garbage, electric, gas service fees.
2. Nuisance abatement charges - such as for weed, rubbish and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.
3. Emergency response fees - such as in connection with DUI.
4. Advanced Life Support (ALS) transport charges.
5. Business improvement district charges.
6. Fees for processing of land use and development applications such as plan check fees, use permits, design review, environmental assessment, plan amendment, subdivision map changes.
7. Document processing and duplication fees.
8. Facility use charges, parking fees, tolls.
9. Fines, penalties.
10. Fees for parks and recreation services.
2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions In addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk, there would be substantial additional costs for legal defense. The risk to fees and charges will make infrastructure financing more difficult and will deter new residential and commercial development. ***********
mc
6 Source: California State Controller Annual Reports of Financial Transactions concerning cities, counties and special districts, summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually. 7 School fees are also affected but the amount is negligible by comparison.
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1 The Taxpayer Protection and Government Accountability Act Initiative No. 21-0042A11
Feb. 1, 2023
Effective date: Any new or increased tax or fee adopted by the Legislature, a city council, or the local voters after January 1, 2022, must comply with the Act’s new rules.
Voters
• Local advisory measures are prohibited. No measure may appear on the ballot asking for approval of a general tax that would allow the voters to express a preference for how the revenue from the general tax will, could, or should be used.
• Overturns Upland decision which upheld a special tax that had been placed on the ballot by the voters to be approved by a majority vote. Taxes proposed by initiative will be subject to the same rules as taxes placed on the ballot by a city council.
• Voters may not amend a city charter to impose, extend, or increase a tax or fee.
Local taxes
• Requires voter approval in order to apply an existing tax:
o to territory that is annexed.
o to a new service or product, for example when a utility user tax is applied to a new service.
• All new or increased taxes adopted after Jan. 1, 2022, must include a sunset date.
State taxes
• All new or increased state taxes require statewide voter approval. • Prohibits a property tax “surcharge” (increase). Prohibits any allocation of property tax to the state.
1 This is a summary of some of the more significant provisions of the Act. Please review the Act for a complete understanding of the changes it makes to the Constitution.
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2 Fees and charges
• Fees and charges for services and permits may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” Examples include planning services, excavation and encroachment permits, preparation of candidate statement, and permit parking.
• State and cities have the burden of proving by “clear and convincing evidence” that a fee/charge is not a tax, that the amount is reasonable, and that it does not exceed “actual cost.”
• Franchise fees — historically considered fees, not taxes — will more likely be considered taxes due to the elimination of an existing category of “fee” and the requirement that charges to entrance, purchase, rental, or lease of government property be “reasonable.” The state and cities issue franchises to oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations.
• No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy.
Fines and penalties (administrative enforcement of state law and municipal codes)
• May require voter approval of fines and penalties for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties. Examples include nuisance abatement, organic waste reduction requirements, and failure to maintain a vacant property.
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ACTION ALERT
State Ballot Measure
Restricting Voters’ Input and Local Taxing Authority
*** CITY RESOLUTIONS NEEDED ***
ACTION:
The anti-local control California Business Roundtable measure has qualified for the November 2024 ballot. Cal Cities requests cities adopt a city resolution to demonstrate how harmful this measure would be to their community and the people of California.
Send adopted city resolutions to [email protected] as soon as possible. A sample city resolution is attached.
BACKGROUND
On Feb. 1, 2023, the “Taxpayer Protection and Government Accountability Act,” or AG# 21-0042A1, qualified for the November 2024 ballot. This anti-local control measure will decimate vital local and state services to the benefit of wealthy corporations. The measure is sponsored by the California Business Roundtable (CBRT) — the lobbying arm of the largest and wealthiest corporations in California.
Cal Cities, along with a broad coalition of local governments, labor, public safety, education, and infrastructure advocates, strongly oppose this initiative.
SUMMARY
The initiative limits voters’ authority, adopts new and stricter rules for raising taxes and fees, and may make it more difficult to hold violators of state and local laws accountable.
Effective date
• All new or increased taxes or fees adopted by the Legislature, a city council, or the local voters after Jan. 1, 2022, must comply with the Act’s new rules.
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State taxes
• All new or increased state taxes will require majority voter approval.
Local taxes
• New requirements for voter approval:
o when an existing tax is applied to a newly annexed territory. o when an existing tax is applied to a new service or product, for example when a utility user tax is applied to a new service.
• All new or increased taxes adopted after Jan. 1, 2022, must include a sunset date.
Fees and charges
• Requires that charges for access, use and rental of government property be “reasonable” such as fees charged for use of government facilities and public works infrastructure to oil companies, utilities, gas companies, cable companies, and other corporations.
• Fees and charges for services and permits may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” Examples include planning services, excavation and encroachment permits, preparation of candidate statement, and permit parking.
• State and cities have burden of proving by “clear and convincing evidence” that a fee/charge is not a tax, that the amount is reasonable, and that it does not exceed the “actual cost.”
• No fee or charge or exaction regulating vehicle miles traveled can be imposed on new development.
Fines and penalties [administrative enforcement of state law and municipal codes]
• May require voter approval of fines and penalties for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties. Examples include nuisance abatement, organic waste reduction requirements, and failure to maintain a vacant property.
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Voters
• Local advisory measures are prohibited. No measure may appear on the ballot asking for approval of a general tax that would express the voters' preference for how the tax revenue should be used.
• Overturns Upland decision so taxes proposed by initiative are subject to the same rules as taxes placed on the ballot by a city council. • Voters may not amend a city charter to impose, extend, or increase a tax or fee.
Fiscal
• Puts approximately $2 billion from fees and charges at risk each year, subject to legal peril.
• Puts approximately $2 billion of annual tax revenue at risk. Many tax measures approved between 2022-2024 will need to be resubmitted to voters to comply and be reapproved.
TALKING POINTS
Jeopardizes vital local and state services
• This far-reaching measure puts at risk billions of dollars currently dedicated to critical state and local services.
• It could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more.
Undermines voter rights, transparency, and accountability • This misleading measure changes our Constitution to make it more difficult for local voters to pass measures needed to fund local services and projects.
• It also includes a provision that would retroactively cancel measures that were passed by local voters — effectively undermining the rights of voters to decide for themselves what their communities need. • It would limit voter input by prohibiting local advisory measures, where voters provide direction to politicians on how they want their local tax dollars spent.
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Opens the door for lawsuits, bureaucracy, and red tape that will cost taxpayers and hurt our communities
• The measure would encourage lawsuits, bureaucracy, and red tape that would cost local taxpayers millions — while significantly delaying and stopping investments in vital services.
Gives wealthy corporations a major loophole to avoid paying their fair share — forcing local residents and taxpayers to pay more
• The measure would create new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment — shifting the burden and making individual taxpayers pay more.
Allows corporations to dodge enforcement when they violate environmental, health, public safety, and other laws
• The deceptive scheme may create new loopholes that make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.
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February 6, 2023 | 6:00 PM Page 1 of 7
City Council
Regular Meeting Minutes
City of Gilroy
City Council Regular Meeting Minutes
Monday, February 6, 2023 | 6:00 PM
1. OPENING
1.1. Call to Order
The meeting was called to order by Mayor Blankley at 6:00 PM.
1.2. Pledge of Allegiance
Council Member Cline led the Pledge of Allegiance.
1.3. Invocation
Pastor Greg Quirke from South Valley Community Church provided the Invocation.
1.4. City Clerk’s Report on Posting the Agenda
City Clerk Pham reported on the Posting of the Agenda.
1.5. Roll Call
Attendee Name Title Status
Rebeca Armendariz Council Member Present
Dion Bracco Mayor Pro Tempore Present
Tom Cline Council Member Present
Zach Hilton Council Member Present
Carol Marques Council Member Present
Fred Tovar Council Member Present
Marie Blankley Mayor Present
1.6. Orders of the Day
Mayor Blankley announced that Council will postpone in hearing of Closed Session Item No. 14.1 to February 27, 2023 City Council Regular Meeting.
Mayor Blankley requested to move 11.4 to be the first item heard in Introduction to New Business. She received no objections to the request.
1.7. Employee Introductions
Police Chief Espinoza introduced the following Police Officers Mario Corvera, Luis Gonzalez, Travis Johnson, and Justin Rhodes.
2. CEREMONIAL ITEMS - Proclamations and Awards
2.1. Proclamation – Gun Violence Survivors Week
Mayor Blankley read aloud the proclamation.
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Regular Meeting Minutes
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 members spoke on items that were not on the agenda.
Robert Zepeda to discuss the issue of acceptance of drag entertainment within the community.
There being no further speakers, Mayor Blankley closed Public Comment.
4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco recognized Mayor Blankley’s birthday.
Council Member Armendariz reported on Santa Clara County Library Joint Powers Authority.
Council Member Marques had nothing to report.
Council Member Hilton reported on Silicon Valley Clean Energy Authority JPA Board.
Council Member Cline reported on Visit Gilroy California Welcome Center Board and Gilroy Youth Task Force Policy Team. He also mentioned his attendance to the Mayor and New Mayors and Council Members Academy hosted by the League of California Cities.
Council Member Tovar wished a Happy Birthday to the Mayor and Council Member Hilton and thanked the public for attending the January 28th Strategic Planning Meeting.
Mayor Blankley reported on CalTrain Policy Group, VTA Board of Directors, VTA Board Workshop, VTA Administrative and Finance Committee, and Gilroy Youth Task Force.
5. COUNCIL CORRESPONDENCE
5.1. Current Grant Status Update
Council received the report.
6. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Hilton requested for Council to receive a presentation from CARAS a youth center at a future meeting. The item received majority support.
7. CONSENT CALENDAR
Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment.
Motion: Adopt the Consent Calendar.
RESULT: Pass
MOVER: Dion Bracco, Mayor Pro Tempore
SECONDER: Rebeca Armendariz, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley
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City Council
Regular Meeting Minutes
7.1. Approval of the Action Minutes of the January 23, 2023 City Council Regular Meeting
A motion was made to approve the minutes.
7.2. Approval of the Action Minutes of January 28, 2023 City Council Strategic Planning Workshop
A motion was made to approve the minutes.
7.3. Claim of Javier Roacho (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim.) A motion was made to deny the claim.
7.4. Claim of Mark Ribeiro (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim.) A motion was made to deny the claim.
8. BIDS AND PROPOSALS
8.1. Approve the Purchase of Two Public Works Vehicles (One 2023 Ford Super Duty F-550 Dump Truck and One 2023 Ford F-150 Crew Cab) Utilizing Sourcewell Bid 091521-NAF in an amount not to exceed $154,829 Administrative Services and Human Resources Director McPhillips gave staff presentation and responded to Council Member questions.
Mayor Blankley opened Public Comment. There being no further speakers, Mayor Blankley closed Public Comment.
Motion: Approve the purchase of two public works vehicles (One 2023 Ford Super Duty F-550 Dump Truck and One 2023 Ford F-150 Crew Cab) utilizing Sourcewell bid 091521-NAF in an amount not to exceed $154,829 RESULT: Pass
MOVER: Fred Tovar, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley
9. PUBLIC HEARING
There were none.
10. UNFINISHED BUSINESS
There were none.
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City Council
Regular Meeting Minutes
11. INTRODUCTION OF NEW BUSINESS
11.4. Approve a School Resource Officer Memorandum of Understanding for Fiscal Year 2023-2024
Police Chief Espinoza provided staff presentation and responded to Council Member questions.
Mayor Blankley opened Public Comment.
The following speakers spoke in favor of the item:
Debbie Flores
Ron Kirkish
Mike Nebsnick
There being no further speakers, Mayor Blankley closed Public Comment.
Motion: Adopt a resolution of the City Council of the City of Gilroy authorizing the City Administrator to enter into an agreement between the City of Gilroy and Gilroy Unified School District for two school resource officers, including cost sharing, for Fiscal Year 2023-2024 (FY24).
RESULT: Pass
MOVER: Fred Tovar, Council Member
SECONDER: Tom Cline, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley
Enactment No.: Resolution No. 2023-06
11.1. Introduction of An Ordinance of the City Council of the City of Gilroy Amending Chapter 19C of the Gilroy City Code Relating to Social Host Accountability to Increase the Penalty Amounts and Increase the Period of Time for Issuing Citations
Assistant to City Administrator Bryce Atkins provided staff presentation and responded to Council Member questions.
Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment.
Motion: Read the ordinance by title only and waive further reading.
RESULT: Pass
MOVER: Dion Bracco, Mayor Pro Tempore
SECONDER: Carol Marques, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley
City Clerk Pham read aloud the title of the ordinance.
Motion: Introduce an Ordinance of the City Council of the City of Gilroy Amending Chapter 19C of the Gilroy City Code Relating to Social Host Accountability to Increase the Penalty Amounts and Increase the Period of Time for Issuing Citations.
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City Council
Regular Meeting Minutes
RESULT: Pass
MOVER: Dion Bracco, Mayor Pro Tempore
SECONDER: Fred Tovar, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley
11.3. Introduction of an Ordinance of the City Council of the City of Gilroy Amending Chapter 19B of the Gilroy City Code Relating to Smoking Pollution Control to Prohibit Smoking at Multi-family Housing Properties and Public Events
Assistant to City Administrator Bryce Atkins provided staff presentation and responded to Council Member questions.
Mayor Blankley opened Public Comment.
Thomas Lopez Lara spoke in support of the ordinance.
There being no further speakers, Mayor Blankley closed Public Comment.
Motion: to read the ordinance by title only and waive further reading of the ordinance.
RESULT: Pass
MOVER: Marie Blankley, Mayor
SECONDER: Tom Cline, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley
City Clerk Pham read aloud the title of the ordinance.
Motion: Introduce an Ordinance of the City Council of the City of Gilroy Amending Chapter 19B of the Gilroy City Code Relating to Smoking Pollution Control to Prohibit Smoking at Multi-family Housing Properties and Public Events.
RESULT: Pass
MOVER: Zach Hilton, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley
11.4. Discussion and Possible Direction Concerning Oversight/Administration of Council-Adopted Downtown Initiatives
City Administrator Forbis provided staff presentation and responded to Council Member questions.
Mayor Blankley opened Public Comment.
Jeanie Rizzuto thanked City Administrator Forbis for having a meeting with her with regard to the beautification of downtown and inquired how she and other members of the community could get involved in the committee.
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February 6, 2023 | 6:00 PM Page 6 of 7
City Council
Regular Meeting Minutes
Ron Kirkish opined that downtown business owners should have longer terms in the standing committee as opposed to the proposed one year.
Terence Fugazzi stated that the City should enforce the current codes.
There being no further speakers, Mayor Blankley closed Public Comment.
Motion:
• To continue the current reporting structure for Council to receive information concerning Downtown-related projects/issues; • To form a City Council Downtown Committee for two years with the first year focusing on the nine goals, and year two focusing on new additional goals; and
• Council flesh out the goal parameters and the structure of the committee at the March 13, 2023 City Council / Priority Setting Workshop.
RESULT: Pass
MOVER: Rebeca Armendariz, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Council Member Armendariz, Council Member Cline, Council Member Marques, Council Member Tovar
NAYS: Mayor Pro Tempore Bracco, Council Member Hilton, Mayor Blankley
12. CITY ADMINISTRATOR'S REPORTS
City Administrator Forbis provided an update on the Shark Ice Rink Arena and housing update efforts.
12.1. PG&E Scheduling Impacts on City Projects
Director of Public Works Jordan provided a brief report and responded to Council Member questions.
12.2. Downtown Parking Lot Update
Director of Public Works Jordan provided a brief report and responded to Council Member questions.
13. CITY ATTORNEY'S REPORTS
City Attorney Faber gave an update on the Civil Grand Jury Report and Housing Element.
14. CLOSED SESSION
14.1. Conference with Negotiator – Collective Bargaining Unit Pursuant to Government Code Section 54957.6, Gilroy City Code Section 17A.11 (4) Collective Bargaining Unit: Gilroy Police Officers Association, Inc., Representing Gilroy Police Officers;
City Negotiators: Jimmy Forbis, City Administrator; LeeAnn McPhillips, Assistant City Administrator/Administrative Services & Human Resources Director; Anticipated Issue(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandum of Understanding: MOU Between City of Gilroy & Gilroy Police Officers
The item was postponed to the February 27, 2023 City Council Regular Meeting.
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February 6, 2023 | 6:00 PM Page 7 of 7
City Council
Regular Meeting Minutes
15. ADJOURN TO OPEN SESSION
N/A.
16. ADJOURNMENT
The meeting was adjourned by Mayor Blankley at 8:00 PM.
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
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City of Gilroy
STAFF REPORT
Agenda Item Title: Adoption of a Resolution Approving Budget Amendments in Fiscal Year 2022-23 Adding $43,529
from the Board of State and Community Corrections
Officer Wellness and Mental Health Grant Program to
the Police Department Grants Fund.
Meeting Date: February 27, 2023
From: Jimmy Forbis, City Administrator
Department: Police
Submitted By: Pedro Espinoza, Police Chief
Prepared By: Patricia Vigil, Management Analyst
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Adopt a resolution of the City Council of the City of Gilroy approving budget amendments for Fiscal Year 2022-23 in the Police Department Grants Fund.
EXECUTIVE SUMMARY
The Budget Act of 2022 (Assembly Bill 178, Chapter 45, Statutes of 2022) established the Board of State and Community Corrections (BSCC) Officer Wellness and Mental Health Grant Program which provides $50 million for city and county law enforcement agencies for the purpose of improving officer wellness and expanding mental health sources.
BACKGROUND
In June 2022, Governor Newsom signed the Budget Act of 2022 placing a spending plan to include $50 million towards:
• Establishing or expanding officer wellness units,
• Establishing or expanding peer support units,
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Adoption of a Resolution Approving Budget Amendments in Fiscal Year 2022-23 Adding $43,529 from the Board of State and Community Corrections Officer Wellness and Mental Health Grant Program to the Police Department Grants Fund.
City of Gilroy Page 2 of 3 February 27, 2023
• Services provided by licensed mental health professional, counselor, or other professionals that work with law enforcement,
• Expanding multi agency mutual aid programs focused on officer wellness and mental health, and
• Other programs and services that are evidence-based or have a successful track record of enhancing officer wellness.
ANALYSIS
The allocation of funds was determined by the number of officers described in Penal Code section 830.1. The funding allocation Gilroy Police Department will receive on or before February 15, 2023, is $43,529.
The Gilroy Police Department Critical Incident Support Debrief (CISD)/ Peer Support Team is responsible for the long-term success of the Department’s wellness program.
The team consists of trained department personnel to include two Sergeants, five Officers, one Public Safety Dispatcher, one Records Technician, three Police Chaplains, and a retired Police Corporal who is also a licensed marriage and family therapist. The CISD Team is available to help all department personnel in the aftermath of a critical incident such as mass-casualty events, line of duty deaths, colleague suicide, and calls for service involving traumatic scenes.
CISD Team members attend P.O.S.T. reimbursable training including Critical Incident Response and Critical Incident Stress Debrief. Members of CISD avail themselves to counsel coworkers or to help guide coworkers to professional service providers.
A core goal of the Police Department work plan is to implement an employee wellness and resiliency program. The funds will be used with the focus of developing and expanding the CISD goals, incorporating a resiliency component, as well as programs to assist police personnel with their physical and mental health.
ALTERNATIVES
Council may reject the recommendation to appropriate the BSCC Officer Wellness and Mental Health Grant Funds for $43,529 into the FY23 budget. Staff does not recommend this alternative as funds would not be available to further enhance Department wellness goals.
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Adoption of a Resolution Approving Budget Amendments in Fiscal Year 2022-23 Adding $43,529 from the Board of State and Community Corrections Officer Wellness and Mental Health Grant Program to the Police Department Grants Fund.
City of Gilroy Page 3 of 3 February 27, 2023
FISCAL IMPACT/FUNDING SOURCE
Approval of this action would increase revenue and expenditure appropriations to the Police Department Grants Fund, by $43,529 in the FY23 budget.
Program/Project Cost Amount
30BSCCWell-Prog Exp (2253000-52610)
30BSCCWell-State (2253000-43120) $43,529.13
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RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING THE BUDGET FOR THE CITY OF
GILROY FOR FISCAL YEAR 2022-2023 IN THE POLICE
DEPARTMENT GRANTS FUND AND APPROPRIATING
PROPOSED EXPENDITURE AMENDMENTS
WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2021-2022 and 2022-2023, and the City Council carefully examined, considered and adopted the same on June 7, 2021; and WHEREAS, City Staff has prepared and submitted to the City Council a proposed amendment to said budget for Fiscal Year 2022-2023 for the City of Gilroy in the staff report dated February 27, 2023 for the Police Department Grants Fund, appropriating funding received from the Bureau of State and Community Corrections; and WHEREAS, the City Council has carefully examined and considered the same and is satisfied with said budget amendments.
NOW, THEREFORE, BE IT RESOLVED THAT appropriations in the Police Department Grants Fund, is hereby increased by $43,529 for Fiscal Year 2022-2023.
PASSED AND ADOPTED this 27th day of February 2023 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
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City of Gilroy
STAFF REPORT
Agenda Item Title: Resolution of the City Council of the City of Gilroy Declaring Weeds a Nuisance
Meeting Date: February 27, 2023
From: Jimmy Forbis, City Administrator
Department: Fire
Submitted By: Jim Wyatt, Fire Chief
Prepared By: Jonathan Crick, Deputy Fire Marshal
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Council adopt the resolution declaring weeds and accumulated refuse a nuisance in order to commence the 2023 weed abatement process and program for the City of Gilroy.
EXECUTIVE SUMMARY
Gilroy City Code, Chapter 12, Article III, establishes a procedure for the abatement of weeds and refuse. The annual weed and refuse abatement program includes an initial resolution declaring weeds and refuse a public nuisance. The resolution sets April 17, 2023, for a public hearing of the list of properties subject to abatement. The list created for public hearing includes sites identified as having a weed or refuse problem in the current year as well as during any one of the prior three years. Adoption of the list at the public hearing provides authority for the City (or its contractor) to perform the abatement of weeds and/or refuse for the listed sites and provides for cost recovery by adding it to the property owner’s property tax bill as an assessment.
BACKGROUND
The Santa Clara County Weed Abatement Program began in the mid-1970s to reduce the spread of wildfire. The Santa Clara County Weed Abatement Program provides
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Resolution of the City Council of the City of Gilroy Declaring Weeds a Nuisance City of Gilroy Page 2 of 4 February 27, 2023
weed abatement services for 10 cities in Santa Clara County and the unincorporated areas of Santa Clara County. Pursuant to an updated agreement signed in 2021 between the City of Gilroy and the Santa Clara County Agriculture Commissioner’s Office, the County Vegetation Management Program has been implementing the weed abatement program as a contractor to the City. Under the agreement, all abatement activities are conducted by the County including the noticing of property owners, property inspections, and the collection of abatement fees and inspection costs. The City is responsible for adopting necessary resolutions and conducting public hearings on the matter.
ANALYSIS
Program Details
The list created for the public hearings includes sites identified as having a weed or refuse problem in the current year as well as during any one of the prior three years.
County staff will mail the initial abatement notice to identified property owners within approximately two weeks of the resolution being adopted. Required information in the weed abatement notice includes the public hearing date, instructions on the proper abatement of the sites, and the May 15, 2023 deadline for abatement activities. In addition, the notice also identifies the consequences of not meeting the deadline.
All identified sites will be required to pay the initial inspection fee, currently set at $92. If a site is abated by the May 15, 2023 abatement deadline then additional fees, such as re-inspection fees and/or abatement oversight fees, will not be assessed. The property owner is required to maintain the abated site and failure to do so will result in the assessment of additional fees. All properties must be free of fire hazards throughout the year to meet minimum safety standards.
Sites that are identified to have weed and/or refuse problems will remain on the list for at least three years. However, property owners can have their property removed from the list. For instance, a site that has achieved three “compliant” years in a row, or a vacant site that has since been developed and is fully landscaped may be removed from the list.
After the initial outreach, the County will also send all property owners a reminder letter 30 days prior to the May 15, 2023 abatement deadline.
After May 15, 2023, the County will conduct inspections and notify those property owners who have not abated their properties. For sites not in the Wildland Urban Interface (WUI) Hazardous Fire Area, the property owner has two weeks to complete the work. If abatement is completed prior to the next inspection, these properties will not be subject to additional fees.
The two-week extension is not provided to properties in the WUI Hazardous Fire Area because these areas are considered to have high fire hazards. In addition, the Public Resources Code requires weed abatement in these areas without any extensions. For
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Resolution of the City Council of the City of Gilroy Declaring Weeds a Nuisance City of Gilroy Page 3 of 4 February 27, 2023
sites in the WUI Hazardous Fire Area, the County will immediately assign the site for abatement by a private contractor. Any site that is abated by the County will be assessed the inspection fee ($92), the failed inspection fee ($519), and the cost incurred by the abatement contractor, which is based primarily on the square footage of the site, as well as the abatement oversight cost ($891).
Since the implementation of this program in 2010, the number of sites on the County’s list has fluctuated from year to year but the numbers for Gilroy have decreased since 2017. In Gilroy, there were: 282 sites identified in 2017, 166 sites in 2018, 174 sites in 2019, 146 sites in 2020, 150 in 2021, 147 for 2022, and 166 for 2023.
Key dates associated with this year’s program are as follows:
February 27, 2023 City Council Resolution of Public Nuisance March 13, 2023* County Notification to Listed Property Owners April 17, 2023 Public hearing to consider List of Properties requiring abatement May 1, 2023* County Notification of Abatement Deadline
May 15, 2023 Abatement Deadline
May 30, 2023* County conducts initial inspections
June 13, 2023* Extended Deadline for non-WUI properties only August 7, 2023* Public hearing for City Council to Authorize Assessments *Dates are approximate at this time and provide an estimate as determined by the responsible Agency.
ALTERNATIVES
There are no alternatives. Section 12.48 of Chapter 12 of the Gilroy Municipal Code requires that City Council pass a resolution declaring weeds and accumulated refuse to be a public nuisance. Chapter 12 further requires that City Council order the Fire Chief to implement the weed abatement process.
FISCAL IMPACT/FUNDING SOURCE
The use of the County as a contract agency to carry out their portions of the program has been self-funded through cost recovery from property owners that have failed to abate their sites. The Fire Marshal’s office absorbs the staffing cost for coordination and communication with the County, the pre-hearing meeting when a property owner appeals the fees, and processing of the Council Resolutions and Public Hearings.
If the County does not collect adequate funds to meet the program budget, they will prorate the shortfall to the cities based on the percentage of the properties from each City in the program. We will not know until later in the year if there is a budget shortfall because abatement activities will continue through October. Historically, the County has not had a budget shortfall because they have collected adequate fees directly from the property owners to cover the cost of the program.
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Resolution of the City Council of the City of Gilroy Declaring Weeds a Nuisance City of Gilroy Page 4 of 4 February 27, 2023
PUBLIC OUTREACH
As part of the annual program, property owners receive two Weed and Refuse Abatement notices from the Santa Clara County Weed Abatement Program that clearly identify the requirements of the program. Pursuant to the program requirements, the County also notifies property owners when their properties fail inspections. The City of Gilroy performs a variety of fire prevention public outreach, including weed abatement, in coordination with the Public Information Office/Public Communication & Engagement Manager. Such outreach includes a combination of social media, Gilroy Email Express, and utility bill insert mailings.
NEXT STEPS
Once Council adopts the resolution, the public hearing of sites needing abatement will be set for April 17, 2023.
In addition, a report of the property assessments will be presented to the City Council at a public hearing on August 7, 2023. Prior to the hearing, property owners are invited to contact the Fire Marshal to review any assessments they believe are in error. A final list will be presented to the City Council for approval of the assessment. The County Property Tax Assessor will then place the fees on the next property tax bill as an assessment.
Attachments:
1. Draft Resolution
2. 2023 Gilroy Commencement Report (Excel spreadsheet of non-compliant properties for weed abatement)
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RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY DECLARING CERTAIN WEEDS GROWING IN
THE CITY OF GILROY AND ACCUMULATIONS OF
REFUSE IN THE CITY OF GILROY TO BE A PUBLIC
NUISANCE, DESCRIBING WEEDS AND REFUSE WHICH
CONSTITUTE SUCH NUISANCE, AND PROVIDING
NOTICE OF THE ADOPTION OF THE RESOLUTION BY
PUBLICATION THEREOF
WHEREAS, certain weeds are growing in the City of Gilroy (“City”) upon the various streets, alleys, sidewalks and upon private property, which weeds bear seeds of a wingy or downy nature, or which may attain such growth as to become, when dry, a fire menace, or which are otherwise noxious and dangerous; and WHEREAS, certain refuse is accumulating in the City upon public and private property; and
WHEREAS, said weeds and refuse constitute a public nuisance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy as follows:
1. That such weeds and refuse do now constitute and will continue to constitute a public nuisance, and it is ordered that said public nuisance be abated in the manner provided by Article III of Chapter 12 of the Gilroy City Code.
2. That said nuisance exists upon all of the streets, alleys, sidewalks and private property within said City as shown, described and delineated on the several maps of the property in the City which are recorded in the Office of the County Assessor of the County of Santa Clara, reference in each instance for the description of any particular street, alley or private property being hereby made to the several maps aforesaid, and in the event of there being several subdivision maps on which said lots are shown, reference is hereby made to the latest subdivision map.
3. That it is ordered that Monday, the 17th of April 2023, at the hour of 6:00 o'clock p.m. in the Council Chambers of the City Council of the City, 7351 Rosanna Street, Gilroy, California, is hereby fixed as the time and place when objections to the proposed destruction or removal of said weeds and refuse shall be heard and given due consideration.
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Ordinance No. 2023-XX
Declaring Weeds a Public Nuisance
City Council Regular Meeting | February 27, 2023
4. That the Chief of the Fire Department of the City is hereby ordered and directed to cause notice of the adoption of this resolution and notice of said hearing to be given to all of the affected property owners at their stated mailing address on the latest tax assessor’s role, and also to be given in the manner and form provided in Sections 14.29 and 12.53 of the Gilroy City Code, and to cause said notice to be published in the City, at least ten (10) days prior to said hearing; and
5. That nothing in this Resolution prohibits the issuance of citations for violations of City Code Section 12.46 or City Fire Code with regards to Section 304.1.2.
PASSED and ADOPTED this 27th day of February 2023 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Chair
ATTEST:
_______________________
Thai Nam Pham, City Clerk
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Situs APN CITY/STATE
2023 WEED ABATEMENT PROGRAM
COMMENCEMENT REPORT
CITY OF GILROY
T
Exhibit A
1 8340 WINTER CT 783-03-073 MARQUES, ALBERT 2020 ROCKROSE CT GILROY CA 95020-7931 02-0 2 8351 WINTER CT 783-03-077 SUNSET HILLS DEVELOPMENT LLC 575 SOUTHSIDE DR STE C GILROY CA 95020 02-0 3 NO SITUS 783-04-032 HOEY RANCH COMPANY 2485 HECKER PASS HY GILROY CA 95020-8802 02-0 4 1920 MANTELLI DR 783-45-016 SEVILLA, JERRY M AND CUNANAN, 'PO BOX 5175 ARAMCO MC DHAHRAN 31311 02-0 5 0 S HOLLYHOCK LN 783-45-044 ENTERPRISE REI 8 LLC 10440 DE ANZA BL S STE D5A CUPERTINO CA 95014 02-0 6 2320 WILDROSE CT 783-46-039 AHMADI, AMINREZA 'P O BOX 608 LOS GATOS CA 95030 02-0 7 783-46-079 LE, ANH & IPX SERVICES INC 682 KAWEAH AVE CLOVIS CA 93619 200 8 0 SUNFLOWER CL 783-47-003 ENTERPRISE REI 8 LLC 24168 BIG BASIN WY SARATOGA CA 95070 02-0 9 9283 BRIARBERRY LN 783-50-006 SHEVCHENKO, DENIS AND REBECA 9283 BRIARBERRY LN GILROY CA 95020-8210 02-0 10 1383 PHEASANT DR 783-50-050 ARDANUY, PAUL AND JACQUELYN M1383 PHEASANT DR GILROY CA 95020-8203 02-0 11 1463 PHEASANT DR 783-50-058 PALMER, MARY L 1463 PHEASANT DR GILROY CA 95020-8219 02-0 12 8772 FOXGLOVE CT 783-52-019 SAULAN, KIMCHAU THI TRUSTEE 4125 HECKER PASS RD GILROY CA 95020 02-0 13 8775 WILD IRIS DR 783-52-029 KOLLAREDDY, SRIDHAR 7948 MCCLELLAN RD APT 1 CUPERTINO CA 95014 02-0 14 8755 WILD IRIS DR 783-52-031 ZARGARIAN, HELGA 8755 WILD IRIS DR GILROY CA 95020-0000 02-0 15 8745 WILD IRIS DR 783-52-032 VARGAS, ANABEL AND GOMEZ, 1355 ST FRANCIS ST REDWOOD CITY CA 94061 200 16 1381 PEREGRINE DR 783-55-018 SANTO, EDWIN ICHIRO TRUSTEE 1381 PEREGRINE DR GILROY CA 95020-0000 02-0 17 2354 BANYAN ST 783-65-022 KARBALAEINEMATMOEINI, 2121 CRUDEN BAY WY GILROY CA 95020-0000 02-0 18 9261 TEA TREE CT 783-72-006 WOODWARD, DEBBIE 9261 TEA TREE CT GILROY CA 95020-0000 02-0 19 1881 CAROB CT 783-72-011 HY, SANG AND YEH, WEN CHUAN 1841 CAROB CT GILROY CA 95020-0000 02-0 20 1830 CAROB CT 783-72-016 IYER, EASHWAR SUBRAMANIAM 1830 CAROB CT GILROY CA 95020-0000 02-0 21 1820 CAROB CT 783-72-017 NGUYEN, HENRY H ET AL 6971 SPUMANTE WY GILROY CA 95020-0000 02-0 22 1810 CAROB CT 783-72-018 OPINSKI, ROSE 2626 FALLBROOK DR MERCED CA 95340 02-0 23 9145 TEA TREE WY 783-72-020 RAMM, ANGELA DAVINA MARTINEZ 574 BLAIRBURRY WY SAN JOSE CA 95123-1303 02-0 24 9045 TEA TREE WY 783-72-023 CHAKAMIAN, SANJAR AND 1940 PEAR DR MORGAN HILL CA 95037-0000 02-0 24 records of 166 Santa Clara County Weed Abatement Program Page 1
7.3 p. 42 of 530
Situs APN CITY/STATE
2023 WEED ABATEMENT PROGRAM
COMMENCEMENT REPORT
CITY OF GILROY
T
Exhibit A
25 9050 TEA TREE WY 783-72-024 WORBOYS, TIMOTHY D TRUSTEE 9050 TEA TREE WY GILROY CA 95020-0000 02-0 26 9035 TEA TREE WY 783-72-025 ATLLURI SASI K AND SURAPANENI 10800 MAXINE AVE CUPERTINO CA 95014-0120 200 27 9030 TEA TREE WY 783-72-026 DO NGOC BICH THI ET AL 979 STORY RD #7024 SAN JOSE CA 95122 200 28 9025 MIMOSA CT 783-72-027 KOLLAREDDY, USHARANI ET AL 7948 MCCLELLAN RD APT 1 CUPERTINO CA 95014 02-0 29 8962 TEA TREE WY 783-72-030 THIEN, TRACY 38 PARK FLETCHER PL SAN JOSE CA 95136-2403 02-0 30 8981 TEA TREE WY 783-72-031 UNGER, DAVID AND KHAWAJA, 8981 TEA TREE WY GILROY CA 95020-0000 02-0 31 8971 TEA TREE WY 783-72-033 BHATTARAI, ATUL R AND 1660 WHEATLEY PL SAN JOSE CA 95121-0000 02-0 32 8950 MIMOSA CT 783-72-035 PHAM, LAN ET AL 1085 MICHIGAN AV SAN JOSE CA 95125-2417 02-0 33 8955 MIMOSA CT 783-72-036 INNEH, EMMANUEL AND JENNIFER 1710 VALLEY OAKS DR GILROY CA 95020 02-0 34 2204 BANYAN CT 783-72-039 NAYYAR, SAPNA ET AL 2204 BANYAN CT GILROY CA 95020-0000 02-0 35 2203 BANYAN CT 783-72-040 ROBLES, RONALD E AND MARIA R 1225 VIENNA DR #251 SUNNYVALE CA 94089 02-0 36 2224 BANYAN CT 783-72-042 NAKANO, NANCY N ET AL 2224 BANYAN CT GILROY CA 95020 02-0 37 9210 MAHOGANY CT 783-72-045 NGUYEN, PHU AND DOAN, LILY 3339 VANGORN WY SAN JOSE CA 95121-2555 02-0 38 2253 BANYAN CT 783-72-050 ZHANG, HONGXIN AND TANG, WEI 2253 BANYAN CT GILROY CA 95020-0000 02-0 39 2273 BANYAN CT 783-72-051 PREMNATH, FLEMING J AND 2356 PATRICIA DR SANTA CLARA CA 95050-5018 200 40 2283 BANYAN CT 783-72-052 JEONG JONGHUN AND CHOI YUNHEE 'PO BOX 10652 SAN JOSE CA 95127 200 41 2202 COLUMBINE CT 783-72-061 KRUPA, STANISLAW TRUSTEE & ET 901 CALLE SERRA SAN DIMAS CA 91773 02-0 42 2251 MANTELLI DR 783-72-066 RAMIREZ, PEDRO AND JOSEFINA 2725 SCOTTSDALE DR SAN JOSE CA 95148-3427 02-0 43 1681 LONGMEADO CT 783-75-081 DHALIWAL, JASDEEP S ET AL 39224 GUARDINO DR 216 FREMONT CA 94538 02-0 44 75 FARRELL AV 790-07-006 LEAL, AMADOR AND PALMINA 75 FARRELL AV GILROY CA 95020-7616 02-0 45 NO SITUS 790-07-085 KUANG, WEIWEI 1952 EISENHOWER DR SANTA CLARA CA 95054-1621 02-0 46 NO SITUS 790-07-086 KUANG, WEIWEI 1952 EISENHOWER DR SANTA CLARA CA 95054-1621 02-0 47 NO SITUS 790-07-087 KUANG, WEIWEI 1952 EISENHOWER DR SANTA CLARA CA 95054-1621 02-0 48 NO SITUS 790-07-088 KUANG, WEIWEI 1952 EISENHOWER DR SANTA CLARA CA 95054-1621 02-0 48 records of 166 Santa Clara County Weed Abatement Program Page 2
7.3 p. 43 of 530
Situs APN CITY/STATE
2023 WEED ABATEMENT PROGRAM
COMMENCEMENT REPORT
CITY OF GILROY
T
Exhibit A
49 8877 MONTEREY RD 790-15-036 MARGARETICH, BOZO AND VANJA 946 STANLEY AV LOS ALTOS CA 94024-5067 02-0 50 9145 JARDIN WY 790-16-257 BROOKS, JULIA M ET AL 9145 JARDIN WY GILROY CA 95020 02-0 51 9130 KERN AV 790-17-002 D R HORTON BAY INC 3000 EXECUTIVE PY STE 100 SAN RAMON CA 94583 02-0 52 9160 KERN AV 790-17-003 D R HORTON BAY INC 3000 EXECUTIVE PY STE 100 SAN RAMON CA 94583 02-0 53 8401 DIANE CT 790-30-076 TORRES, ALBERT 8401 DIANE CT GILROY CA 95020-4213 02-0 54 401 BROADWAY ST 790-33-019 FLORES, ANTHONY R PO BOX 1557 GILROY CA 95021-1557 02-0 55 0 CHURCH ST 790-35-001 HOWSON INDUSTRIES LLC 1648 MULBERRY LN SAN JOSE CA 95125-4942 02-0 56 8051 CHURCH ST 790-35-002 MA, WEIMIN TRUSTEE & ET AL 103 CHIPPENDALE CT LOS GATOS CA 95032 02-0 57 0 CHURCH ST 790-35-008 ROMAN CATHOLIC BISHOP OF SAN 11 FIRST ST GILROY CA 95020 02-0 58 0 CHURCH ST 790-36-002 HOWSON INDUSTRIES LLC 1648 MULBERRY LN SAN JOSE CA 95125-4942 02-0 59 8335 CHURCH ST 790-36-039 INTERNATIONAL CHURCH OF THE 8335 CHURCH ST GILROY CA 95020 02-0 60 1375 1ST ST 790-39-019 S A PROPERTIES GROUP LLC 5820 STONERIDGE MALL RD PLEASANTON CA 94588 02-0 61 1355 1ST ST 790-39-030 YOUMANS, KRAIG AND FORTINO, 12005 TURLOCK AV SAN MARTIN CA 95046-9432 02-0 62 8771 CHURCH ST 790-53-087 GORAYA, MANU K 860 MAPLE AV SAN MARTIN CA 95046-9538 02-0 63 108 CHICKADEE LN 790-66-057 TEMPLE SAN JOSE LLC 527 SIMAS DR MILPITAS CA 95035-4723 02-0 64 7733 MONTEREY RD 799-03-054 7711 MONTEREY ROAD, LLC 7711 MONTEREY RD GILROY CA 95020 200 65 7733 MONTEREY RD 799-03-054 7711 MONTEREY RD LLC 0 305 SAN JOSE CA 95138 02-0 66 7711 MONTEREY RD 799-03-055 7711 MONTEREY RD LLC 7711 MONTEREY RD GILROY CA 95020 200 67 7273 EIGLEBERRY ST 799-09-028 KAUR, SANDEEP AND SINGH, 3117 OAKGATE WY SAN JOSE CA 95148-3026 02-0 68 0 EIGLEBERRY ST 799-10-042 BAINS, JAGJIT SINGH 3435 HARBOR CT SAN JOSE CA 95127-4311 02-0 69 195 9TH ST 799-10-057 DIAZ, JUAN A 'PO BOX 193 SAN MARTIN CA 95046 02-0 70 7040 CHURCH ST 799-11-068 DING, ANDREW 7040 CHURCH ST GILROY CA 95020-6410 02-0 71 NO SITUS 799-11-069 GOLDEN BRIDGE PROPERTIES LLC 1669 2 HOLLENBECK AV 185 SUNNYVALE CA 94087 02-0 72 7421 HANNA ST 799-18-031 JEUNG MICHAEL A ET AL 7421 HANNA ST GILROY CA 95020 200 72 records of 166 Santa Clara County Weed Abatement Program Page 3
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Situs APN CITY/STATE
2023 WEED ABATEMENT PROGRAM
COMMENCEMENT REPORT
CITY OF GILROY
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Exhibit A
73 6700 CHURCH ST 799-33-001 MONSEF, CYRUS 6700 CHURCH ST GILROY CA 95020-6508 02-0 74 0 FILBRO DR 799-44-093 TMP ROYAL WAY LLC 5671 SANTA TERESA BL STE SAN JOSE CA 95123 02-0 75 0 ROYAL WY 799-44-094 TMP ROYAL WAY LLC 5671 SANTA TERESA BL STE SAN JOSE CA 95123 02-0 76 0 ROYAL WY 799-44-095 TMP ROYAL WAY LLC 5671 SANTA TERESA BL STE SAN JOSE CA 95123 02-0 77 0 ROYAL WY 799-44-096 TMP ROYAL WAY LLC 5671 SANTA TERESA BL STE SAN JOSE CA 95123 02-0 78 0 ROYAL WY 799-44-097 TMP ROYAL WAY LLC 5671 SANTA TERESA BL STE SAN JOSE CA 95123 02-0 79 0 ROYAL WY 799-44-098 TMP ROYAL WAY LLC 5671 SANTA TERESA BL STE SAN JOSE CA 95123 02-0 80 0 THOMAS RD 799-44-109 TMP ROYAL WAY LLC 5671 SANTA TERESA BL STE SAN JOSE CA 95123 02-0 81 321 LUCHESSA AV 799-44-110 TMP ROYAL WAY LLC 5671 SANTA TERESA BL STE SAN JOSE CA 95123 02-0 82 1410 1ST ST 808-01-021 EAGLE GARDEN LLC 21701 STEVENS CRK BLV CUPERTINO CA 95014 02-0 83 7890 SANTA TERESA BL 808-01-022 EAGLE GARDEN LLC 21701 STEVENS CRK BLV CUPERTINO CA 95014 02-0 84 1490 1ST ST 808-01-023 EAGLE GARDEN LLC 21701 STEVENS CRK BLV CUPERTINO CA 95014 02-0 85 0 PONDEROSA DR 808-01-024 PIROZZOLI, MONICA TRUSTEE & ET 366 5TH ST GILROY CA 95020 02-0 86 NO SITUS 808-19-030 CHRISTOPHER, DONALD C ET AL 305 BLOOMFIELD AV GILROY CA 95020 02-0 87 E NO SITUS 808-19-031 COMMUNITY RESOURCESINC 480 STATE ST E STE 100 EAGLE ID 83616 02-0 88 0 THOMAS LN 808-20-008 SUNER CORPORATION 9761 ZUNI LN GILROY CA 95020-0000 02-0 89 10 WEST AV 808-21-009 YAHYA, NAAIM A TRUSTEE & ET AL 1835 SULLIVAN CT MORGAN HILL CA 95037 200 90 6201 THOMAS RD 808-38-001 THOMAS ROAD PROPERTIES LTD THE 7888 WREN AV D-143 GILROY CA 95020 02-0 91 6151 THOMAS RD 808-39-066 CORP PRESI BISH CHURCH CHRIST 50 E NORTH TEMPLE FL 22 SALT LAKE CITY UT 84150-3620 02-0 92 NO SITUS 810-20-021 HP AG LAND LLC 23 CORPORATE PL 150 NEWPORT BEACH CA 92625 02-0 93 2740 HECKER PASS RD 810-20-033 OWENS FINANCIAL GROUP INC 2221 OLYMPIC BL WALNUT CREEK CA 94595 02-0 94 810-28-024 WILLIAMS JAKIE C TRUSTEE & ET AL 1000 MESA RD GILROY CA 95020 020 95 925 WILDFLOWER CT 810-28-026 WILLIAMS, JAKIE C TRUSTEE & ET 1000 MESA RD GILROY CA 95020-6820 02-0 96 935 WILDFLOWER CT 810-28-027 WILLIAMS, JAKIE C TRUSTEE & ET 1000 MESA RD GILROY CA 95020-6820 02-0 96 records of 166 Santa Clara County Weed Abatement Program Page 4
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Exhibit A
97 945 WILDFLOWER CT 810-28-028 WILLIAMS, JAKIE C TRUSTEE & ET 1000 MESA RD GILROY CA 95020-6820 02-0 98 955 WILDFLOWER CT 810-28-029 WILLIAMS, JAKIE C TRUSTEE & ET 1000 MESA RD GILROY CA 95020-6820 02-0 99 950 WILDFLOWER CT 810-28-032 WILLIAMS, JAKIE C TRUSTEE & ET 1000 MESA RD GILROY CA 95020-6820 02-0 100 940 WILDFLOWER CT 810-28-033 WILLIAMS, JAKIE C TRUSTEE & ET 1000 MESA RD GILROY CA 95020-6820 02-0 101 930 WILDFLOWER CT 810-28-034 WILLIAMS, JAKIE C TRUSTEE & ET 1000 MESA RD GILROY CA 95020-6820 02-0 102 920 WILDFLOWER CT 810-28-035 WILLIAMS, JAKIE C TRUSTEE & ET 1000 MESA RD GILROY CA 95020-6820 02-0 103 910 WILDFLOWER CT 810-28-036 WILLIAMS, JAKIE C TRUSTEE & ET 1000 MESA RD GILROY CA 95020-6820 02-0 104 900 WILDFLOWER CT 810-28-037 WILLIAMS, JAKIE C TRUSTEE & ET 1000 MESA RD GILROY CA 95020-6820 02-0 105 6675 EAGLE RIDGE CT 810-60-018 DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 92708 02-0 106 6685 EAGLE RIDGE CT 810-60-019 DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 92708 02-0 107 6695 EAGLE RIDGE CT 810-60-020 DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 92708 02-0 108 1520 S HECKER PASS RD 810-66-012 VILLAGE AT SANTA TERESA LP 1700 EL CAMINO REAL S 400 SAN MATEO CA 94402 02-0 109 7518 FERNIE CT 810-67-041 RADOSEVICH, ERIC J TRUSTEE 7518 FERNIE CT GILROY CA 95020-0000 02-0 110 6615 EAGLE RIDGE CT 810-72-029 DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 92708 02-0 111 6625 EAGLE RIDGE CT 810-72-030 DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 92708 02-0 112 6635 EAGLE RIDGE CT 810-72-031 DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 92708 02-0 113 6645 EAGLE RIDGE CT 810-72-032 DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 92708 02-0 114 6651 EAGLE RIDGE CT 810-72-033 DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 92708 02-0 115 6655 EAGLE RIDGE CT 810-72-034 DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 92708 02-0 116 6671 EAGLE RIDGE CT 810-72-035 DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 92708 02-0 117 MONTEREY NU 835-01-034 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 200 118 MONTEREY NU 835-01-035 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 200 119 MURRAY AV 835-01-059 HIGHLY VISUAL LLC 8840 FOREST ST GILROY CA 95020 200 120 8585 MURRAY AV 835-01-065 ESPARZA ROBERT TRUSTEE 443 EL CAJON DR SAN JOSE CA 95111-3509 200 120 records of 166 Santa Clara County Weed Abatement Program Page 5
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Exhibit A
121 210 LAS ANIMAS AV 835-02-013 SHELTON, G WILLIAM 1216 PALADIN WY PLEASANTON CA 94566 02-0 122 MONTEREY NU 835-02-014 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 200 123 0 LAS ANIMAS AV 835-02-016 CLOMONEY LLC 'PO BOX 60352 SUNNYVALE CA 94088 02-0 124 0 LAS ANIMAS AV 835-02-061 CLOMONEY LLC 'PO BOX 60352 SUNNYVALE CA 94088 02-0 125 402 MADISON CT 835-03-059 ZEPEDA ALFREDO ET AL 1420 DUROUX RD LA MARQUE TX 77568 200 126 NO SITUS 835-04-067 MONTANO, LYDIA R AND ALFRED 15191 KARL AV MONTE SERENO CA 95030-2229 02-0 127 NO SITUS 835-04-068 MONTANO, LYDIA R AND ALFRED 15191 KARL AV MONTE SERENO CA 95030-2229 02-0 128 315 LAS ANIMAS AV 835-05-006 LAS ANIMAS DEVEL COLLC 'PO BOX 1772 GILROY CA 95021 02-0 129 135 LAS ANIMAS AV 835-05-007 BALDEV MANN & GURMET MANN 832 BELL ST EAST PALO ALTO CA 94303 200 130 55 LAS ANIMAS AV 835-05-008 SHELTON G WILLIAM 1216 PALLADIN WAY PLEASANTON CA 94566 200 131 410 COHANSEY AV 835-05-016 GERA NICHOLAS TRUSTEE & ET AL 19341 MONTE VISTA DR SARATOGA CA 95070-6219 200 132 405 LAS ANIMAS AV 835-05-024 TES INVESTMENTS LLC 1754 TECHNOLOGY DR STE SAN JOSE CA 95110 200 133 FOREST NU 835-31-030 8805 FORREST QOZB LLC 'PO BOX 787 DIABLO CA 94528 200 134 FOREST NU 835-31-031 HOLLER DYLAN R TRUSTEE 405 SPRING GROVE RD HOLLISTER CA 95023 200 135 SWANSTON LN 841-01-064 SWANSTON LANE LLC 18640 SUTTER BLVD STE 100 MORGAN HILL CA 95037 200 136 7888 MONTEREY RD 841-02-009 CORIA EFRAIN AND CLAUDIA 7888 MONTEREY RD GILROY CA 95020 200 137 NU 841-02-046 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 200 138 NU 841-02-055 DRL PROPERTIES LLC 2545 MUIRFIELD WAY GILROY CA 95020 200 139 341 LEWIS ST 841-03-063 PATEL JITENDRA AND NAYANA 39625 FREMONT BLVD FREMONT CA 94538 200 140 311 LEWIS ST 841-03-070 RODRIGUEZ QUIRINO V AND 835 GREEN VALLEY RD WATSONVILLE CA 95076 200 141 222 MARTIN ST 841-06-040 LIU DENG AND CHEN SASHA 400 PALM AVE MILLBRAE CA 94030 200 142 7492 CHESTNUT ST 841-07-027 SANCHEZ ELOY G AND ANGELICA M 7492 CHESTNUT ST GILROY CA 95020 200 143 7472 CHESTNUT ST 841-07-043 TORRES-FERNANDEZ ELISA ET AL 7472 CHESTNUT ST GILROY CA 95020-5806 200 144 7472 CHESTNUT ST 841-07-043 TORRES-FERNANDEZ, ELISA ET AL 7472 CHESTNUT ST GILROY CA 95020-5806 02-0 144 records of 166 Santa Clara County Weed Abatement Program Page 6
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Exhibit A
145 7498 CHESTNUT ST 841-07-049 ZHENG SHAO LAN AND ZHU 7498 CHESTNUT ST GILROY CA 95020-5806 200 146 SOUTH FY 841-10-039 PACIFIC GAS AND ELECTRIC CO 111 ALMADEN BLVD SAN JOSE CA 95115 200 147 SOUTH FY 841-14-058 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 200 148 SOUTH FY 841-14-059 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 200 149 841-14-060 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 200 150 841-14-072 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 200 151 5870 MONTEREY RD 841-14-080 GARLIC FARM TRUCK CENTER LLC 5000 E 2ND ST UNIT G BENECIA CA 94510 200 152 6900 CAMERON BL 841-17-100 MCCARTHY GILROY LLC 210 ALMENDRA AVE LOS GATOS CA 95030-7211 200 153 6503 CAMERON BL 841-17-107 MCCARTHY GILROY LLC 210 ALMENDRA AVE LOS GATOS CA 95030-7211 200 154 841-17-121 UNITED NATURAL FOODS WEST INC 100 OLIVER ST FLR 18TH BOSTON MA '02110 200 155 402 HADLEY CT 841-53-032 MARQUEZ, PRISCILLA A 402 HADLEY CT GILROY CA 95020-5839 02-0 156 841-53-066 NGUYEN THU TAM 2673 MCLAUGHLIN AVE SAN JOSE CA 95121-2752 200 157 841-69-042 SOUTHPOINT BUSINESS PARK 'P O BOX 5368 SAN JOSE CA 95150 200 158 PACHECO PASS HY 841-70-014 CAPRARA JANICE TRUSTEE & ET AL 26769 EL CAMINO REAL GONZALES CA 93926 200 159 HOLLOWAY RD 841-70-026 GILROY PARTNERS LLC 67 MOUNTAIN BLVD UNIT 201WARREN NJ '07059 200 160 555 HOLLOWAY RD 841-70-037 ROCHA JOE A AND VICTORIA M 575 SOUTHSIDE DR GILROY CA 95020 200 161 6970 CAMINO 841-70-049 TEMPLE GILROY LLC 527 SIMAS DR MILPITAS CA 95035-4723 200 162 5885 N ROSSI LN 841-72-001 SIEMPRE SOBRE EL DINERO LLC 190 MONTGOMERY ST N SAN JOSE CA 95110 02-0 163 560 ROSSI CT 841-72-008 PULMUONE FOODS USA INC 2315 MOORE AVE FULLERTON CA 92833 200 164 E LUCHESSA AV 841-73-005 LONESTAR CALIFORNIA INC 1501 BELVEDERE RD WEST PALM BEACH FL 33406 200 165 5980 TRAVEL PARK CL 841-75-011 HOANG VINCE AN TRI 5240 MONTEVERDE LN LINCOLN CA 95648 200 166 6601 CAMERON BL 841-84-009 MCCARTHY GILROY LLC 210 ALMENDRA AVE LOS GATOS CA 95030-7211 200 166 records of 166 Santa Clara County Weed Abatement Program Page 7
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City of Gilroy
STAFF REPORT
Agenda Item Title: Tentative Map Time Extension Request for Greenfield Subdivision approval to subdivide 8.36 acres into 14
residential lots, and dedication of 3.7 acres to Uvas
Creek Preserve, located at the northerly end of
Greenfield Drive, APN 808-20-008, Applicant James
Suner (TM 16-02)
Meeting Date: February 27, 2023
From: Jimmy Forbis, City Administrator
Department: Community Development
Submitted By: Sharon Goei, Community Development Director Prepared By: Kraig Tambornini, Senior Planner
STRATEGIC PLAN GOALS Promote Safe Affordable Housing for All
RECOMMENDATION
Adopt a resolution approving a 12-month time extension of Tentative Map TM 16-02.
EXECUTIVE SUMMARY
On November 5, 2018, the City Council approved the Greenfield 14-lot subdivision for an initial period of two years, through November 5, 2020. Legislative actions taken by the State and City further extended project approval through November 30, 2022. The applicant has filed an extension request in compliance with the State Subdivision Map Act. Pursuant to the provisions of State law, a project qualifies for an extension of time under the same conditions and circumstances under which it was originally approved.
No changes to conditions can be required except if necessary to comply with a provision of state or federal law. Approval of this request would extend the permit expiration date for TM 16-02 through to November 30, 2023.
BACKGROUND
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Tentative Map Time Extension Request for Greenfield Subdivision approval to subdivide 8.36 acres into 14 residential lots, and dedication of 3.7 acres to Uvas Creek Preserve, located at the northerly end of Greenfield Drive, APN 808-20-008, Applicant James Suner (TM 16-02).
City of Gilroy Page 2 of 4 February 27, 2023
The City Council approved TM 16-02 on November 5, 2018, for 14 residential lots on
8.36 acres, via Resolution 2018-44. The approval included dedication of 3.7 acres as public park space, resulting in a net density of 3 units per acre. The density and type of development implements the site’s low density residential land use designation. A mitigated negative declaration was also prepared and adopted for the project, with the mitigations incorporated into the project conditions of approval.
The approval was granted for an initial period of two years, through November 5, 2020.
On June 1, 2020, City Council extended the expiration periods for all active entitlements through May 31, 2021. This was in response to County and State Orders requiring business closures during the COVID-19 pandemic. Subsequent to this action, on September 30, 2020, the state legislature enacted AB 1561 which granted an additional extension of 18 months to housing entitlements that were issued before March 4, 2020, and that would expire before December 31, 2021. This had the effect to grant legislative extensions for the project through November 30, 2022.
On November 30, 2022, the applicant paid fees and filed a request for a 12-month extension to allow the processing of the final map and improvement plans. No other changes to the approval have been requested; therefore, the time extension request requires no additional review.
ANALYSIS
Staff has analyzed the time extension request and determined approval is warranted based on the following:
Municipal Code and Subdivision Map Act:
The Subdivision Map Act, Government Code §66452.6(a), mandates an initial two-year life for a tentative map, which may be extended by local ordinance for an additional 12 months. Gilroy City Code Section 21.41(i) provides that the City Council, at its discretion, may extend approval of a tentative map for an additional 12 months.
Moreover, Government Code §66452.6(e) provides that a local agency may extend a Tentative Map for an additional period or periods not to exceed six years. This provision preempts City regulations that limit the number of extensions to three years.
Although granting an extension of the tentative map is discretionary, under Government Code §66452.6(e), the courts have held that the local agency’s discretion is limited to the length of the extension and that the local agency cannot add new conditions to the tentative map. Under Government Code §66498.1 a local agency may condition or deny a permit, approval, extension, or entitlement only if it determines any of the following:
(1) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both. (2) The condition or denial is required in order to comply with state or federal law.
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Tentative Map Time Extension Request for Greenfield Subdivision approval to subdivide 8.36 acres into 14 residential lots, and dedication of 3.7 acres to Uvas Creek Preserve, located at the northerly end of Greenfield Drive, APN 808-20-008, Applicant James Suner (TM 16-02).
City of Gilroy Page 3 of 4 February 27, 2023
There were no specific health or safety concerns identified with the original approval.
There have been no material changes to the project site, conditions, or state or federal laws that would warrant denial or revised conditions.
This first request would extend approval through November 30, 2023. During this time, the applicant would need to pursue the process for recordation of a final map. The applicant may also request an additional 12-month extension prior to the new expiration date.
Housing Accountability Act:
In addition to the above, it is worth noting that since implementation of the Housing Accountability Act in 1982, the intent of the law is to promote housing development in response to the dire housing crisis in California. As a result, the State laws limit the ability of local government to deny any new housing development. Government Code Section 65589.5(j) states that a “proposed housing development project cannot be denied if it complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the housing development project’s application is determined to be complete.” In 2018, the original project was deemed complete and approved by City Council with conditions of approval. The requested time extension considers the housing project to be complete based on the fact that the development complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards. At this time, the applicant proposes no changes to the approved project and conditions of approval.
ALTERNATIVES
The City Council may deny the time extension. In this case, the City Council would need to make the necessary findings to deny a tentative map. Staff does not recommend this option.
FISCAL IMPACT/FUNDING SOURCE
No fiscal impacts are associated with this request for Council’s consideration and determination. Collection of fees (as established by the City Council) for subsequent review of the final map and improvement plans is adequate to cover the necessary resources.
PUBLIC OUTREACH
Extensions are legislative actions that do not require notice and hearing.
NEXT STEPS
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Tentative Map Time Extension Request for Greenfield Subdivision approval to subdivide 8.36 acres into 14 residential lots, and dedication of 3.7 acres to Uvas Creek Preserve, located at the northerly end of Greenfield Drive, APN 808-20-008, Applicant James Suner (TM 16-02).
City of Gilroy Page 4 of 4 February 27, 2023
Upon grant of the extension request, the applicant may proceed with initiation of the final map process.
Attachments:
1. Vicinity Map
2. Time Extension Request
3. City Council Resolution No. 2018-44 (TM16-02 Approval)
4. Approved Tentative Parcel Map TM 16-02
5. Draft Resolution to Approve TM 16-02 Extension No. 1
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AERIAL PHOTOGRAPH AND SURROUNDING LAND USES FIGURE 3 Alta Oak Way
Village Place
Brook Way
Blackberry Court
Berrybush Court
Snowberry Ct
West Luchessa Avenue
Greenfield Drive
Cimino Street
Alta Oak Way
Village Place
Brook Way
Blackberry Court
Berrybush Court
Snowberry Ct
West Luchessa Avenue
Greenfield Drive
Cimino Street
Thomas Road homas Road
Residential
Gilroy High School
Residential
Residential
Uvas Creek
Uvas Creek
Project Boundary
Aerial Source: Google Earth Pro, May 2, 2017. Photo Date: Apr. 2016 0 50 200 400 600 Feet
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Community Development
Department
7351 Rosanna Street, Gilroy, California 95020-6197
Telephone: (408) 846-0451 Fax: (408) 846-0429
http://www.cityofgilroy.org
November 16, 2018
James Suner
The James Group
2201 Columbine Court
Gilroy, CA 95020
Copy to:
Malcolm McPhail, Lead Pastor
New Hope Community Church
8886 Muraoka Drive
Gilroy, CA 95020
SUBJECT: Notice of Final Action (CC Resolution 2018-44) Kristi A. Abrams
DIRECTOR
TM16-02 (# 16050031 ), Greenfield 14-Lot Residential Subdivision Project Located on 8.36 acres at the end of Greenfield Drive (APN: 808-20-008).
Mr. Suner:
This letter is to confirm that on November 5, 2018, the City Council took action to approve TM16-02 for a 14 lot subdivision on the subject property. The official decision documentation City Council Resolution 2018-44 is attached for your records, which contains the conditions of project approval and identifies any subsequent required permits. Pursuant to the state map act, approval TM16-02 provides 24 months (November 5, 2020) for the final map or an extension of time request to be filed. In addition, the statutory period for challenging the CEQA environmental determination will end 30 days from the date that the Notice of Determination has been filed with the County Recorder's office.
Should you have any questions about this letter or the permitting process, please feel free to contact me at [email protected] or (408) 846-0214.
Respectfully,
'�� Tamborrnhl
r Planner
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1 RESOLUTION 2018-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY ADOPTING A MITIGATED NEGATIVE
DECELARATION AND APPROVING TENTATIVE MAP TM 16-·
02, CREATING 14 SINGLE-FAMILY RESIDENTIAL LOTS, TWO
COMMON PARCELS, ONE PUBLIC PARK PARCEL, LOCATED
AT THE NORTHERLY TERMINUS OF GREENFIELD DRIVE
AND SOUTH OF UV AS CREEK, APN 808-20-008, FILED BY
JAMES SUNER
WHEREAS, James Suner submitted an application requesting tentative map approval to subdivide an 8.36 acre site into 14 single-family lots, two common lots containi11-g private roadways and stormwater detention, a 3. 7 acre public park parcel to be dedicated as an extension ofUvas Creek Park Preserve open space, and associated public and private improvements within the Rl single-family zone district; and WHEREAS, the subject property is located at the northern end of Greenfield Drive, south of Uvas Cre�k, east of Las Animas Elementary School/Glen Loma Ranch Specific Plan Area development, and east of Villagio residential development (Assessor's Parcel Number 808-20-008); and
WHEREAS, the tentative map application was referred to various public utility companies and City departments,. including the Teclmical Advisory Committee for recommendations; and
WHEREAS, the Planning Commission· held a duly noticed public hearing on the TM 16-02 on June 7, 2016, at which public hearing the Planning Commission considered the proposed project, staff report, public comments and testimony, and all other documentation or other evidence received on the project; and WHEREAS, the Planning Commission found that the project substantially conforms to the intent of the Gilroy General Plan and elements thereof, the Gilroy City Code, and all applicable standards and criteria, and on voted 6-0 ( 1 absence) to recommend the project to the City Council; and
WHEREAS, a mitigated negative declaration (MND) was completed for the project and made available for a 30-day public review period on July 27, 2018, in compliance with the requirements of the California Environmental Quality Act, and mitigation measures have been identified sufficient to address the environmental effects ofthe proposed project; and
WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent with the MND; and
RESOLUTION 2018-44
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2 WHEREAS, the City Council held a duly noticed public hearing on October 15, 2018, and considered the public testimony, the Planning Com.mission recommendation, the City Council Staff Report� and· all other documentation related to application TM 16- 02; and
WHEREAS, the City Council continued the matter to November 5, 2018, with direction given to staff to meet with the applicant, and submit a resolution with revised conditions of approval reflecting recommendations of the City Council; and WHEREAS, using its independent judgement, and analysis based on deliberation and consideration of the materials · presented at the public hearings, including public testimony received, the City Council concludes the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for TM 16-02 adequately assesses all potential environmental impacts of the project, mitigating potential impacts to a less than significant level, and that the project as proposed and conditioned conforms to the City's General Plan and elements thereof, the Gilroy City Code and all applicable · standards and criteria. Further, the City of Gilroy Community Development Department is the custodian for all documents pertaining to the FMND, including its adoption, and the project.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Gilroy does hereby make findings required by the California Environmental Quality Act, the Gilroy City Code and the State Subdivision Map Act Section 664 7 4 and take action to adopt the Mitigating Negative Declaration and approving TM 16-02, as follows:
SECTION I - CEQA Findings
1. Based upon the Record, the submissions by the Project Sponsor(s), the information in the staff report and provided from other interested parties, the oral testimony presented at this public hearing, and all other written materials submitted by all parties, the City Council hereby finds that, the contents of Mitigated Negative Declaration (MND) and the procedures through which the MND was prepared, publicized, and reviewed complied with the California Environmental Quality A�t (California Public Resources Code Sections 21000 et seq.) (CEQA). 14 California Code of Regulations Sections 15000 et seq. (the "CEQA Guidelines").
2. The City Council further finds that the MND is adequate, accurate and objective, reflected the independent analysis and judgment of the City Council, and that the summary of comments and responses contained no significant revisions to the Draft Initial Study/fyfitigated Negative Declaration (ISIMND), and adopts the MND for the Project in compliance with CEQA.
3. The City Council has reviewed and considered the IS/MND and the record as a whole and finds that there is no substantial evidence that the Project will have a significant effect on the environment with the adoption of the mitigation measures contained in the mitigation monitoring and reporting RESOLUTION 2018-44
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3 program (MMRP) to avoid potentially significant environmental effects associated with the Project, and hereby adopts the MND.
4. The City Council hereby adopts the Mitigation Monitoring and Reporting Program for the project, incorporated herein. All required mitigation measures identified in the IS/MND and contained in the N1MRP are included as conditions of approval.
5. The City Council further finds that since the MND was finalized, there have been no substantial project changes and no substantial changes in project circumstances that would require major revisions to the MND due to the involvement of new significant environmental effects or an increase in the severity of previously identified significant impacts, and there is no new information of substantial importance that would change the conclusions set forth in the :MND.
SECTION II - Tentative Map Findings
1. The subdivision request TM 16-02, including the design and improvement of the subdivision, would be substantially consistent with all applicable City of Gilroy General Plan goals, objectives, policies and programs, including the low density residential land use designation given that the project, as proposed and conditioned, would:
a. Promote infill residential development in an area designated for this type of use and that would be compatible with the existing adjacent singlefamily residential neighborhoods, near parks and schools, and would protect natural resources, which would be consistent with the Strategic Direction Chapter;
b. Avoid encroachment into open space areas and provides a net density of 3 units per acre within remaining buildable areas of the site, after dedication of 3. 7 acres of land for public park and open space, which would be substantially consistent with Community Design Chapter Policies 1.01,
1.05, 1.09;
c. Dedicate public land for the Uvas Creek Park Preserve open space, which would include extension of planned bicycle trails ( consistent with the adopted 1992 Uvas Creek Park Preserve Plan, the 2002 Park & Recreation System Master Plan and the 2005 Gilroy Trails Master.Plan), which would be in substantial compliance with Public Facilities and Services Chapter policies 16.02, 16.04, 16.05, 16.12, and 16.14; and
d. A void and protect sensitive open space habitat along Uvas Creek by providing a setback of 150 feet from top of creek bank, satisfying the minimum setback of 100 feet from top of bank. and 35 feet setback from the edge of riparian habitat to the parcels, consistent with Community RESOLUTION 2018-44
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4 Resources Chapter policies 20.01, 20.02, 20.03, 20.06, 20.07, 20.08 and Action 20.B.
e. The site is not covered by a specific plan document, thus no findings for consistency are required for this criteria to comply with the State Subdivision Map Act. However, right of way access to the site would be extended through a small corner of City open space property within the U Ranch Specific Plan area. This acquisition is minimal and would not materially impact the value, use or access for this existing open space amenity.
2. The site is physically suited for the proposed development type and density given that the site contains 4.66 acres of building area upland from portions of the property within the Uvas Creek Park Preserve riparian corridor open space, which can accommodate a net density of 3 units per acre. Further, all proposed residential lots would be located upland of the flood plain along Uvas Creek, grading would be implemented in accordance with standard engineering practices and there are no unusual soils conditions associated with the site that would preclude use of fill for development, and public utilities and infrastructure improvements needed in order to serve TM 16-01 · are in close proximity, at the existing terminus of Greenfield Drive.
3. TM 16-01 is consistent with the Gilroy City Code Zoning Ordinance including the Rl District Standards, the Subdivision and Land Development Code, the State Subdivision Map Act, and all City ordinances, policies and standards in effect as of the date the application was accepted as complete for processing on July 12, 2017, given that the development promotes �ingle ... family residential development with minimum 6,600 square foot lots sizes, improvements would comply with adopted City Engineering Standards and Specifications for minimum 36 foot wide minimum paved private roadway width, public utility easements, street trees, lighting, utility infrastructure, drainage and storm water management, and flood control,· and interim residential dwelling unit allocations were been granted for the project on May 17, 2016 and have not expired .
4. The subdivision design and improvements would not result in environmental damage or injure fish or wildlife or their habitat, as identified in the MND, given that all significant environmental impacts associated with the project have been identified and would be mitigated to a less than significant level.
5. The design of the applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this subdivision in particular.
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5 6. The subdivision design and improvements will not conflict with easements acquired by the public at larger for access through or use of the property within the proposed subdivision as follows:
a. As proposed an easement for Santa Clara Valley Water District shall be preserved and maintained within the proposed Parcel A dedication. b. As proposed and conditioned, the development would complete public trails through the site, connect the trails with the proposed development and adjacent developments to the east and west.
c. As conditioned, would provide public access through the developmentalong the proposed private roadway and sidewalks. d. As conditioned, the developer would acquire access across O .2 acres of land owned by Glen Loma Ranch as public open space, for additional road right of way as necessary to extend Greenfield Drive into the property.
This acquisition for roadway access is minimal and necessary to provide suitable access for development of the site consistent with the General Plan, and would not conflict with nor materially diminish the use these affected public open space lands.
7. The development is adjacent to wildlife vegetation and requires additional findings to be made pursuant to the Subdivision Map Act for properties within wildland urban interface areas. As conditioned by the Fire Department, the findings for approval of development in wildland urban interface areas would be satisfied as follows:
a. The project would be required to comply with vegetation management requirements for property within potential fire hazard areas. This would include ongoing specific vegetation management practices that would be enforced by the City and made the responsibility of the property owners and homeowners association for private open space vegetation of Lots 9- 14, and the City for the Uvas Creek Park Preserve open space. Based on the proposed plans and conditions, the project would be consistent with the fire safety regulations adopted by the State and City Fire Department pursuant to Public Resources Code Sections 4290 and 4291. b. Adequate fire suppression services would be available to the area based on the provision of adequate access roads and fire hydrants that would be installed to serve the project.
c. Ingress and egress is provided for the subdivision that meets minim.um standards for 20 foot wide paved roadway, grades not exceeding 15 percent, and adequate turning radius provided for maneuverability through the development.
8. As proposed and conditioned, the project would comply with all ordinances, policies and standards in effect as of June 2017 (when the project application RESOLUTION 2018-44
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6 was accepted ·as complete, as well as any standards adopted by the state for the purpose of protecting public health and safety.
SECTION II - Actions
1. The City Council hereby adopts the Mitigated Negative Declaration and the mitigation monitoring and reporting program prepared for TM 16-02 Greenfield Drive 14 Lot Residential Subdivision project.
2. The City Council hereby approves TM 16-02, subject to the conditions of approval set forth in Exhibit "A" attached hereto.
PASSED AND ADOPTED this 5
th day ofNovember, 2018, by the following roll call
vote:
AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, HARNEY,
LEROE-MUNOZ, TOVAR, TUCKER and VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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7 EXHIBIT A
CONDITIONS OF APPROVAL
TM 16-02
Note: The following abbreviations identify the City department or division responsible for determining compliance with these conditions. The first group listed has responsibility for compliance at plan check, the second confirms compliance with the condition at final inspection, prior to final occupancy or issuance of a certificate of occupancy� or as specified in the condition. If only one group is identified, they have responsibilities from initial review through compliance verification. An internal condition reference number is located at the end of each condition (e.g. G-1 or MND-S2).
RESPONSIBLE DEPARTMENTSffiIVISIONS
BL Building Division/Inspectors PK Parks/Landscape Design CA City Attorney PL Planning Division
cc Chemical Control Agency PW Public Works/Engineering
FP Fire Prevention TR Traffic Division
PD Police Department WW Wastewater/Source Control
GENERAL PROJECT CONDITIONS
1. Approved Plans. Approval of Tentative Map TM16-02 is granted for approved plans stamped as "Approved on November 5, 2018" ("the plans") on file with the Planning Division. Build-out of the project shall conform to the plans, except as otherwise specified in these conditions. Any future adjustment or modification to the plans 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. (PL, G-1)
2. Developer. Developer means permit applicant, property owner, operator, permittee, lessee, and/or tenants using the space(s) for the intended use(s). Developer shall coniply with project conditions for the life of the project. (CA, G-2)
3. Indemnification Agreement. 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 RESOLUTION 2018-44
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8 amended, done or made prior to the approval of such resolution that were part of the approval process. (CA, G-3)
4. Acceptance of Conditions. Failure to appeal this decision in a timely manner, or commencement of any activity related to the project, in understood to clarify Developer's acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated herein. ( CA, G4)
5. . Covenants 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._ (PL/CA, G-11)
6. Enforcement Action. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject revocation or other appropriate enforcement actions pursuant to the City Code. All costs associated with any such actions shall be the responsibility of Developer, owner or tenant. ( CA, G-7)
7. Occupancy Restriction. Prior to occupancy of residential units and/or acceptance of the subdivision tract, Developer shall complete all required offsite and onsite improvements related to the project, including structures, paving, and landscaping, unless otherwise allowed by the Community Development Director, or stated in these conditions. (BL, G-8)
8. Expiration. The tentative map shall have an initial expiration period of twenty-four (24) months from the approval date if the final map is not approved prior to the initial expiration date of November 5, 2020, subject to extensions of time that may granted as provided pursuant to the State Subdivision Map Act. (PL, G-12)
9. Extension Requests. Should Developer intend to request an extension to the perm.it expiration date, Developer must submit to the Planning Division a written application with applicable fees prior to the expiration date. Only timely requests may be considered pursuant to the City Code. Should the project approvals expire, allocations granted for 14 residential units pursuant to Gilroy City Code Section
30.50.60 shall likewise expire. (PL, G-5)
PLANNING DIVISION STANDARD CONDITIONS
10. Subsequent Permits. Developer shall obtain necessary permits prior to initiating any new construction or modifications authorized under this approval, including but not limited to temporary construction trailers, temporary staging areas, model home sales offices, advertising signs of any kind, exterior and interior modifications.
Developer shall pay all requisite fees in effect at the time of plan submittal and/or issuance, as applicable. (PL/BL, PL-1)
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9 11. Architectural and Site Review. Architectural and Site Review shall be obtained for development of four or more residential parcels within the project, pursuant to Gilroy City Code Section 30.50.41(a)(5).
12. Building Plan Details. Developer plans for building permit applications for future residences shall identify all exterior building materials and colors, including product and finish manufacturer name, color name and number, and surface finish type ( e.g. stucco with sand finish, plaster with smooth finish) to be used in construction, subject to review for compliance with Zoning standards. This shall include review and requirement for compliance with the site design requirements of Gilroy City Code Section 30.5.50 which specifies that new residences shall have at least 3 of the following 5 design elements to differentiate from residences on adjacent lots on the same street frontage(PL, PL-2):
(A)Floor plan.
(B) Front Elevation.
(C) Roof Design.
(D) Exterior Materials.
(E) Reversed floor plan.
13. Conditions on Plan Sets. Developer shall submit plans that include, on all sets, a reproduction of all conditions of approval of this permit, as adopted by the decisionmaker. (PL, PL-3)
14. Landscape and Lighting. Developer shall submit combined final landscape and lighting plan improvement plans to verify location of street trees and street light standards shall not conflict with drainage plans, landscape plans, tree locations, parking spaces, or any other such land use concerns. (PL, PL-6)
15. · Habitat Conservation Permit. Concurrent with or prior to an application for a grading permit, Developer shall apply for a Santa Clara Valley Habitat Plan permit from the City of Gilroy. The grading permit will be issued only after payment of assessed fees and approval of the Habitat Plan permit. (PL, PL-9)
16. Habitat Conservation Fee Payment. Prior to issuance of a grading permit, Developer shall present to the Community Development Director or designee, a receipt issued by Santa Clara County for full payment of the Santa Clara Valley Habitat Plan fees for associated with the proposed development. Such receipt shall be dated within six ( 6) months of the grading permit issuance date, or the fee amount may be reassessed and difference collected at the time of grading permit issuance. (PL, PL-10)
17. Construction Noise. To minimize potential construction-related impacts to noise, Developer shall include the following language on any grading, site work, and construction plans issued for the subject site (PL/BL, PL-11) RESOLUTION 2018 .. 44
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10 "During earth-moving, gr�ding, and construction activities, Developer shall implement the following measures at the construction site:
(A)Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on Sundays and City-observed holidays;
(B) Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area;
(C) Construct sound walls or other noise reduction measures prior to developing the project site;
(D) Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment; (E) Prohibit all unnecessary idling of internal combustion engines; (F) Utilize "quiet" models of air compressors and other stationary noise sources where technology exists; and
(G)Designate a "disturbance coordinator' who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem."
18. Air Quality. To minimize potential construction-related impacts to air quality, Developer shall include the following language on any grading, site work, and construction plans issued for the project site (PL/BL, PL-12):
"During earth-moving, grading, and construction activities, Developer shall implement the following basic control measures at the construction site:
(A) All exposed surfaces ( e.g. parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day; (B) All haul trucks transporting soil, sand, or other loose material onsite or offsite shall be covered;
(C)All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least ·once per day. The use of dry power sweeping is prohibited;
(D) All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles per hour;
(E) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used;
(F) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes ( as required by the California airborne toxics control measure Title-13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points;
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11 (G) All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified visible emissions evaluator; and
(H) Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations."
19. Archaeological Resources. In the event of an accidental discovery of archaeological resources during grading or construction activities, Developer shall include the following language on any grading, site work, and construction plans issued for the project site (BL/PL, PL-13):
'�If archaeological or cultural resources are discovered during earth-moving, grading, or construction activities, all work shall be halted within at least 50 meters (165 feet) of the find and the area shall be staked off immediately. The monitoring professional archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring professional archaeologist is not onsite, the City shall be notified immediately and a qualified professional archaeologist shall be retained ( at Developer's expense) to evaluate the find and report to the City, If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party."
20. Cultural Resources. In the event of an accidental discovery or recognition of any -human remains, Developer shall include the following language in all grading, site work, and construction plans (BL/PL, PL-14):
"If human remains are found during earth-moving, grading, or construction activities, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native RESOLUTION 2018-44
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12 American Heritage Commission fails to provide measures acceptable to the landowner."
21. Equipment Screening. Developer shall provide screening of all mecl:1:anical equipment, post indicator valves, backflow prevention devices, etc., shown on final improvement plans. All ground mounted utility appurtenances such as transformers shall not be visible from any public right-of-way and shall be adequately scree11ed through the use or combination of low concrete or masonry walls, berms, and landscaping. (PL, PL-17)
22. Any masonry or concrete walls used for screening purposes shall comply with front and street side yard height limits and be setback from property lines or back of sidewalks at least 3-feet in order to accommodate landscaping along the exterior facing elevation. (PL-22)
23. Backflow preventers shall be painted dark green, except the fire connection which shall be painted yellow. Interior lot lines may be delineated by fencing, constructed of wood material. (PL-17) ·
·
24. The final placement and design of the equipment and screening for the items in the above conditions 23, 24 and 25, shall be to the satisfaction of the Community Development Director or desigrtee.
25. Homeowners Association. Developer shall establish a Homeowners' Association (HOA) for the development. The HOA shall be responsible for the maintenance and enforcement of parking, private streets, common landscaping, recreation and other interior areas held in common by the HOA. Such responsibilities shall be provided within the CC&Rs for the development. (PL, PL-27)
26. Prior to recordation of the Final Map, the CC&R's shall be submitted to the City for review and approval to confirm the items required in these conditions of approval have been satisfied; subject to review by the Community Development Director, City Engineer and City Attorney.
PLANNING LANDSCAPING CONDITIONS
27. Developer shall submit a Landscape and Irrigation Plan for common areas with completed Landscape Documentation Package,including a soil analysis/management report along with appropriate application review fees, to the Community Development Department, including required documentation for compliance verification, and obtain approval of such plans. Landscaping plans shall include details for tree mitigation and include planting along the retaining wall system supporting the Lots 9-14 building pads. (PL, PL-4 3) RESOLUTION 2018-44
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13 28. As part of the Landscape Plan submittal, Developer shall not include any invasive plant species, such as those listed by the California Invasive Plant Council. (PL, PL44)
29. As part of the Landscape Plan submittal, Developer shall clarify a minimum three (3) inch layer of mulch to be applied on all exposed soil surfaces, as required by the State MWELO. (PL, PL-45)
· 30. With the final landscape plan submittal, Developer shall (as part of the irrigation system) include sensors that suspend or alter irrigation operation during unfavorable weather conditions (e.g. automatic rain shut-off devices). (PL, PL-42)
31. Prior to occupancy or and/or final tract acceptance, Developer shall submit a signed Certificate of Completion, along with all necessary supporting documentation and payment to the Community Development Department, for compliance verification of the landscape installation. Developer shall complete installation of all landscaping and irrigation in accordance with the approved plans. (PL-4 7, PL-48)
32. Developer is required under MWELO to provide a copy of the approved Certificate of Completion to the property owner or his or her designee. Prior to completion of each build-out phase of development, Developer shall provide the Community Development Director or designee a summary of each lot in that phase and timing of compliance with this requirement. (PL, PL-49)
33. For the life of the project, Developer and/or HOA hall maintain common landscaping and irrigation improvements in accordance with the approved plans, except as otherwise permitted or required by law. Significant changes to the number, placement, and selection of plant species may require a modification to this approval, to be determined by the Community Development Director or designee. (PL, PL-50)
PLANNING DIVISION SPECIAL CONDITIONS
34. Off-site improvements. Developer shall comply with the requirements of the Engineering Division for all off-site right of way improvements, which includes acquiring the right of way access to connect Greenfield Drive with the project roadway.
3 5. Public/Private Roadway Demarcation. The improvement plans shall provide a distinctive pavement treatment to demarcate the transition from public to private roadway, to the satisfaction of the Planning Manager and City Engineer.
36. The Building Envelopes that are shown on the tentative map shall not be required.
37. Private Open Space Restrictions for Lots 9 thru 14. The area extending from the top of the uppermost retaining wall to the rear and side property lines of Lot 9 RESOLUTION 2018-44
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14 through Lot 14, which back up to the Uvas Creek preserve, shall be restricted as follows: No structures, ornamental landscaping, private garden areas, accessory structures, grading, decks, pools, or hardscape improvements shall be permitted within the private open areas. The private open space shall be maintained with approved native or compatible landscaping, and open view fencing only, which is complementary and compatible with the adjacent public open space vegetation.
Any modification shall be subject to review and approval of the Community Development Director or designee for compliance with these conditions and Gilroy City Code.
38. Private Open Space View Fencing Requirement for Lots 9 thru 14). The Developer shall install open view fencing along the rear of building envelopes ( on top of the upp�rmost retaining wall) and along the perimeter of the private open space areas of Lots 9 through Lot 14. The open view fencing details shall be submitted for review and approval by the Planning Division with grading permits or improvement plans. Fencing shall be installed prior to occupancy of residences on these lots. The open view fencing restrictions shall be included in the project CC&R's. Any modification to this requirement shall be subject to review and approval by the Community Development Director or designee and the Public Works Director for compliance with these conditions and Gilroy City Code. 3 9. Public Access Easement. Public access easements shall be granted for sidewalks and roadways through the development.
40. Common Improvements. Developer shall complete all required common landscaping, street trees, lighting and tree mitigation. A phasing schedule may be submitted for approval by the Planning Manager prior to issuance of grading permits. All improvements must be completed prior to acceptance of the Tract map. · 41. Common Retaining Wall Design. Should the retaining wall be used, plans shall indicate a minimum grade separation of five feet (5') that shall be maintained between the two maximum five-foot (5') tall retaining walls that are proposed to support the fill and building envelopes of lots 9 through 14. This area shall be planted with landscaping designed to prevent climbing and soften the appearance of the wall. Similar landscaping shall be included along the base of the wall.
42. Processing Fees. Outstanding application processing fees in the amount of $9,796.81shall be paid, consistent with the application reimbursement agreement.
Any outstanding fees must be received prior to recordation of the Final Map.
PLANNING DMSION ENVIRONMENTAL CONDITIONS
The following mitigation measures shall be incorporated as conditions of approval, consistent with the Mitigation Monitoring and Reporting Program prepared and adopted for the project.
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15 43. (MM AIR-1.1) The project shall develop a plan demonstrating that the off-road equipment used on-site to construct the project would achieve a fleet-wide average of at least 30 percent reduction in DPM exhaust emissions or greater. One feasible plan to achieve this reduction would include the following:
(A)All mobile diesel-powered off-road equipment larger than 25 horsepower and operating on the site for more than two days shall meet, at a minimum, U.S. EPA particulate matter emissions standards for Tier 2 engines or equivalent
(B) Generator used to provide power shall meet, at a minimum, U.S. EPA particulate matter emissions standards for Tier 4 engines or equivalent. Or their usage shall be limited to 100 hours total.
44. (MM BJQ .. 1.1) Pre-construction nesting bird surveys shall be completed prior to the start of construction activities, if construction activities are proposed to commence during the nesting season (February 1 to August 31) in order to avoid · impacts to nesting birds. These surveys shall be completed by a qualified biologist no more than 14 days before construction begins during the early part of the breeding season (February 1 through April 30) and no more than 30 days before construction begins during the latter part of the breeding season (May 1 through August 31 ). During this survey, the biologist or ornithologist shall observe if any nesting birds are within the project area.
45. (MM BI0-1.2) If an active nest is found in an area that will be disturbed by construction, the ornithologist shall designate an adequate buffer zone to be established around the nest, in consultation with the California Department of Fish and Wildlife. The buffer would ensure that nests shall not be disturbed during project construction.
46. (MM BI0-1.3) The applicant shall submit a report indicating the results of the preconstruction survey and any designated buffer zones to the satisfaction of the Director of Planning, prior to the issuance of a demolition permit.
47. (MM BI0-2.1) Bat Pre-activity Survey. Prior to any removal of trees 12 inches or greater in diameter at 4.5 feet above grade, a pre-activity survey for roosting bats will be conducted within the impact area. The survey will be conducted by a qualified bat biologist. No activities that would result in disturbance of active ·bat roosts will proceed prior to the completed survey. If no active roosts or maternity colonies are found, then no further action is warranted. If a large maternity colony or bat roost is presented, MM BIO-3.2 or 3.3 shall be implemented.
48. (MM BI0-2.2) Avoidance. In order to avoid impacts, if an occupied bat roost is found in a tree that would be disturbed or removed by proposed activities, the Project may be redesigned to avoid the disturbance of the tree. If the roost is unoccupied at the time of the survey, the City may choose to install bat exclusion devices to prevent bats from taking up occupancy of the structure prior to the onset RESOLUTION 2018-44
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16 of the proposed activity. If avoidance is not feasible, MM BI0-3.3 shall be implemented.
49. (MM BI0-2.3) Exclude Bats Prior to Disturbance. If disturbance of an active nonbreeding pallid bat roost cannot be avoided, the individuals will be safely evicted between August 1 and October 15th or between February 15 and March 15. Bats may be evicted through exclusion after notifying the California Department of Fish and Wildlife. Trees with roosts that need to be removed will first be disturbed at dusk, just prior to removal that evening, to allows bats to escape the darker hours.
50. (MM BI0-3.1) Woodrat Pre-Construction Surveys. Pre-construction surveys for woodrat nests shall be conducted within the impact footprint by a qualified mammologist prior to the start of work. The surveys shall be conducted between March 1st and October 31st, when woodrats are more active, and shall be conducted no m.ore than 30 days prior to the start of work. Woodrat nests detected during the survey shall be mapped and one or more of the following measures shall be implemented:
(A)Disturbance-free Woodrat Buffers. Dusky-footed wood.rats are year-round residents. Therefore, avoidance mitigation is limited to redesigning the project to avoid direct impacts on woodrat nests to the extent feasible.
Ideally, a minimum 10-foot buffer should be maintained between project construction activities and each nest to avoid disturbance. In some situations, a smaller buffer may be allowed if in the opinion of a qualified biologist, removing the nest would be a greater impact than the anticipated as a result of Project activities.
(B) Relocation of Woodrat Nest Materials. If active woodrat nests are found within the Project boundary and avoidance is not feasible, then the wood.rats shall be evicted from their nests prior to the removal of the nests and onset of ground-disturbing activities to avoid injury or mortality of the woodrats. A qualified biologist shall disturb the woodrat nest such that all woodrats would seek refuge outside of the Project activity area.
Subsequently, the nest sticks shall be removed from the site, if feasible, these materials would be piled at the base of a nearby tree or shrub. The spacing between relocated nests shall not be less than 100 feet, unless a qualified biologist has determined that the habitat can support higher densities of nests.
51. (MM BI0 .. 4.1) Prior to issuance of a grading permit, the applicant shall submit a final tree replacement plan to mitigate for proposed tree removals consistent with Gilroy City Code Article XXXVIII (Landscaping) and Consolidated Landscape Policy. The final plan shall identify the species, size, numbers, and locations for the replacement trees. The tree replacement program will be subject to review and approval by the Planning Manager and shall be implemented with construction of the subdivision improvements ..
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17 52. (MM BI0-4.2) The project would also be required to implement tree preservation measures before and during project construction for significant trees to be retained (which as revised by the applicant shall include preservation of trees 46, 49, 52, 53, 54, 56, 70, 74, 75, 76, 77, 79 and 80 as shown on Table 3 Trees Recommended for Removal of the Preliminary Arborist Report). These measures shall be included on all plans. Tree protection measures include the following Tree Preservation Guidelines as established in the arborist report prepared for the project environmental analysis:
Design Recommendations.
(A) The trees identified for preservation shall be established and plotted on all plans (including but not limited to demolition, improvement, utility, drainage, grading, landscape and irrigation plans), subject to review and comment by the Consulting Arborist.
(B) Changes to plans shall be subject to review and comment by the Consulting Arborist with regard to tree impacts.
(C) A Tree Protection Zone (TPZ) shall be established around each tree to be preserved. Specific TPZ zones are specifically required for the following trees located within the area of development:
Tree No. TPZ
#8 5' North. Drip line in all
other directions.
#19 5' North and West.
Dripline in all other
directions.
#31 5' South. Dripline in all
other directions.
#36,37,38 10' West. Drip line in all
other directions.
(D)TPZ's for trees not listed above shall be established at the dripline or a 10- foot radius, whichever is greater.
(E) Underground services and utilities, including subdrains, water and sewer, shall be routed armmd the TPZ. Where encroachment cannot be avoided, special construction techniques such as hand digging or tunneling under roots shall be employed where necessary to minimize root injury. (F) All temporary access roads and staging for materials, equipment, etc., shall remain outside of TPZ's.
(G) Herbicides must be safe for use around trees and labeled for that use. (H) Irrigation systems must be designed so that no trenching will occur within the TPZ.
Pre-construction Treatments
(I) Per the City's Consolidated Landscape Policy, policies 6.2 and 6.3, the developer shall hire a certified consulting arborist for the entire span of the RESOLUTION 2018-44
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18 project. All arborist recommendations shall be drafted bn the final construction, grading, or landscape plans.
(J) The consulting arborist shall sign the final landscape plans authorizing this plan is consistent with the recommendations made in the arborist report. (K) The construction superintendent shall meet with the Consulting Arborist before beginning work to discuss work procedures and tree protection. (L) Fence all trees to be retained to completely enclose the Tree Protection Zone prior to demolition, grubbing or grading. Fences shall be 6' high chain link, mounted to steel posts firmly driven into the ground or on stanchions fastened securely with rebar staples 12" deep, as required by the City. Fences are to remain until all grading and construction is completed.
(M) Trees recommended for preservation may require clearance pruning for construction. All pruning shall be. completed by a Certified Arborist or Tree Worker and adhere to the latest edition of the ANSI Z133 and A3 00 standards as well as the Best Management Practices ... Tree Pruning published by the International Society of Arboriculture. (N) Structures and underground features to be removed within the Tree Protection Zone shall use the smallest equipment, and operate from outside the Tree Protection Zone. The consultant shall be on-site during all operations within the Tree Protection Zone to monitor demolition activity.
(0) Apply and maintain 4-6" wood chip mulch within the Tree Protection Zone.
(P) All tree work shall comply with the Migratory Bird Treaty Act as well as California Fish and Wildlife code 3503�3513 to not disturb nesting birds.
To the extent feasible tree pruning and removal should be scheduled outside of the breeding season. Breeding bird surveys should be conducted prior to tree work. Qualified biologists. should be involved in establishing work buffers for active nests.
During Construction
(Q)Prior to beginning work, all contractors working in the vicinity of trees to be preserved are required to meet with the Consulting Arborist at the site to review all work procedures, access routes, storage areas and tree protection measures.
(R) No grading, construction, demolition or other work shall occur within the Tree Protection Zone. Any modifications must be approved and monitored by the Consulting Arborist.
(S) Any excavation within the dripline or other work that is expected to encounter tree roots should be approved and monitored by the Consulting Arborist. Roots shall be cut by manually digging a trench and cutting exposed roots with a sharp saw. The Consulting Arborist will identify RESOLUTION 2018 .. 44
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19 where root pruning is required.
(T) If injury should occur to any tree during construction, it should be ·
evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied.
(U) Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with a saw.
(V) Fences have been erected to protect trees to be preserved. Fences define a specific Tree Protection Zone (TPZ) for each tree or group of trees. Fences are to remain until all site work has been completed. Fences may not be relocated or removed without permission of the Consultant. (W) Construction trailers, traffic and storage areas must remain outside fenced areas at all times.
(X) Prior to grading, pad preparation and excavation work trenching may require root pruning outside of the TPZ. The Consulting Arborist shall identify where root pruning is required prior to the start of work. Roots shall be cleanly cut to the depth of the excavation. Roots shall be cut by manually digging a trench and cutting exposed roots with a saw, with a vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root pruning equipment.
(Y) No materials, chemicals, debris or equipment shall be dumped or stored within the TPZ.
(Z) Any tree pruning required for clearance during construction must be performed by a Certified Arborist.
Post Construction
(AA) Trees preserved and replacement trees shall be monitored following construction of site improvements to assure the health of trees post construction. Occasional pruning, fertilization, mulch, pest management, replanting and irrigation may be required.
ENGINEERING DIVISION CONDITIONS
GENERAL
53. All improvements shall be designed and constructed in accordance with the City of Gilroy Municipal Code and Standard Specifications and Details, and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all off-site storm drainage facilities, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy' s Public Works Director/City Engineer.
54. Until such time as the Improvements are accepted by City, Developer shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed.
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20 55. Applicant shall obtain all applicable permits from federal, state, and local agencies as required to construct the proposed improvements. A copy of these permits will be provided prior to building permits.
56. Applicant shall obtain will serve and review letter from Recology confirming serviceability and site accessibility of solid waste pickup. Contract Steven Lucchetti, Operations Manager 408-842-3358.
57. All existing public utilities shall be protected in place and if necessary relocated as approved by the City Engineer. No permanent structure is permitted within City easements without the approval of the City of Gilroy.
5 8. Prior to building permit issuance, developer shall dedicate necessary easements for the project development, including but not limited to 16-foot Public Service easement along all the project proposed and future street frontages. The private streets shall be designated as a Public Utility Easement (PUE), Water Line Easement (WLE), and Emergency Vehicle Access Easement (EV AE).
59. Prior to the Final Map recordation applicant shall successfully obtain and record necessary ingress/egress and public utility easement from adjacent property owner, APN 808-19-020, for the extension of the Greenfield Drive to serve the proposed development.
60. Improvement plan shall include all approved Conditions of Approval (COA) and approved mitigation measures for the project on the 2
nd sheet of the improvement
plan set.
61. Improvement plan set submittal shall include civil, landscape, electrical and joint trench plan.
62. Public Improvement Plan title sheet shall include a table identifying ownership and maintenance responsibilities for all existing and proposed improvements, including but not limited to, streets, water, sewer, storm, street lights, landscaping and storm.water treatment areas.
FEES
63. The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic; and Public Facilities Development Impact Fees. Payment of Street Tree and Storm Development Impact Fees is required at first building permit issuance. Sewer, Water, Traffic, and Public Facilities Development Impact Fees are due prior to building occupancy.
64. At improvement plan submittal, Developer shall submit a $25,000 (Twenty Five Thousand) initial deposit for plan check and processing. This deposit will be credited/accounted for toward final plan check and inspection fee.
65. Prior to plan approval, developer shall submit a detailed project cost estimate with appropriate contingency, subject to City Engineer approval.
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21 66. Prior to final plan approval, Developer shall pay 100% of the plan check and inspection fees and other related fees that the property is subject to, enter into a property improvement agreement, and provide payment and performance bonds.
GRADING & DRAINAGE
67. Prior to final map approval, the developer shall submit a grading plan and a drainage study prepared by a registered Civil Engineer. The drainage study shall analyze the existing and ultimate conditions and facilities, and the study shall include all off-site tributary areas. The study and the design shall be in compliance with the City's Stormwater Management Guidance Manual (latest edition).
Existing offsite drainage patterns, i.e., tributary areas, drainage amount and velocity shall not be altered by the development. The developer shall satisfy the conclusions and recommendations of the approved drainage study and storm water management plan.
68. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) requirements. If all or part of the construction occurs during the rainy season, the developer shall submit an Erosion Control Plan to the Public Works Director for review and approval. This plan shall inco_rporate erosion control devices and other techniques in accordance with Municipal Code § 27C to minimize erosion. The developer shall have a QSP on site as necessary to ensure implementation and maintenance of all erosion control measures. Specific measures to control sediment runoff, construction pollution and other potential construction contamination sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on-site while the project is under construction. A Notice oflntent (NOI) shall be filed with the State Water Resources Control Board, with a copy provided to the Engineering Division before a grading permit will be issued. WDID# shaU be provided prior to the commencement or work.
69. All grading operations and soil compaction activities shall be per the approved project's geotechnical report that was prepared for the design of the project and shall be subject to the approval of the Public Works Director. Site preparation and cut/fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy for each phase of construction, stating that all site preparation and cut/fill construction were performed in conformance with the requirements of the project's geotechnical report. This shall be subject to review and approval by the Engineering Division. The developer shall add this condition to the general notes on the grading plan.
70. Prior to building permit issuance, the applicant's soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations.
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22 The applicant's soils engineer's approval shall then be conveyed to the City either by letter or by signing the plans.
TRANSPORTATION
71. Any work in the public right-of-way shall require a traffic control plan prepared by a licensed professional engineer with experience in preparing such plans. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform. Traffic Control Devices. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right of way.
72. At first plan submittal developer shall model all Emergency Vehicle circulation movements, as separate plan sheet. The circulation plan shall be prepared to the city Engineer's satisfaction, and modeled with AutoTurn Swept analysis software, all turning and street circulation movements.
73. At first plan submittal developer shall model all Solid Waste Vehicle circulation movements, as separate plan sheet. The circulation plan shall be prepared to the city Engineer's satisfaction, and modeled with AutoTurn Swept analysis software, all turning and street circulation movements.
74. Developer shall submit final photometric plans as part of Improvement plans for review and approval.
75. Developer shall install all joint trench to have (4) dedicated 1 112
"SCH 80 PVC
conduit for City Fiber Optic need in a quad duct arrangement along public Collector and Arterial streets. Quad duct shall be per City STD EL-11.
76. Developer shall design driveway grades to keep a standard design vehicle from dragging or "bottoming out" on the street or driveway and to keep water collected in the street from flowing onto the lots. The details of such design shall be provided at improvement plan phase and shall be to the satisfaction of the City Transportation Engineer.
77. The developer shall not obstruct the noted sight distance areas. Overall cumulative height of the grading, landscaping & signs as determined by sight distance shall not exceed 2 feet when measured from street elevation.
78. Project shall connect to the existing 12-foot Class-1 Bike Path (trail) at the easterly boundary of the project by lot 14.
FINALMAP
79. The Final Tract Map shall be presented to the City Council for review and action.
The City Council meeting will be scheduled approximately fifty (50) days after the Final Map is deemed technically correct, and Subdivision Improvement Plans with supporting documents, reports and agreements are approved by the City. Executed Final Map shall be returned to the City Public Works Department if Final Map has RESOLUTION 2018-44
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23 not been filed in the County Recorder's Office within ninety (90) days from the date of City Council's approval.
80. The tentative map and all final maps shall designate all common lots and easements as lettered lots or lettered easements. The Final map should be clear on the limits of Public vs. Private (HOA) responsibilities. The Final map should also be clear of the HOA vs. Homeowners responsibilities.
81. Prior to final map approval, the developer shall establish a homeowner association.
The homeowner association shall be responsible for the maintenance of the landscaping, walls, private streetlights, private utilities, private streets, and common areas, and shall have assessment power. HOA shall be responsible maintenance of the Storm Water Control treatment areas and the CC&R's shall describe how the stormwater BMPs associated with privately owned improvements and landscaping shall be maintained by the association. This information shall be clearly included in.the Conditions, Covenants, and Restrictions (CC&R) and recorded documents. The CC&R document shall be submitted for review and approval by the City Engineer.
82. Uvas Creek Parcel A. Prior to or concurrent with final map approval, Developer shall dedicate Parcel A for the use of the public. Developer shall complete all improvements, including but not limited to the proposed Bicycle Trail and its extension to the adjacent properties. Property Homeowner's Association shall take full responsibility for management and maintenance of the proposed improvements within Parcel A. Seasonal vegetation management shall be scheduled to occur at the end of the rainy season and consistent with the annual weed abatement resolution.
The HOA shall implement any vegetation management within Parcel A and Fuel Transition Zones at the beginning of weed abatement season. This language shall be included in_ the HOA conditions, covenants and restrictions.
83. The bicycle trail alignment within Parcel A shall avoid identified wetland areas.
84. The City shall in good faith support efforts by Developer to facilitate dedication of the open space parcel to a suitable non-City public agency as a means of ensuring long term preservation and management of the open space parcel. This shall be without cost or liability to the City. In the absence of such dedication, the Home Owners Association shall have the responsibility for the long-term preservation and management of such area.
PUBLIC IMPROVEMENTS
85. Prior to building permit issuance, developer shall execute a public improvement agreement and post Payment and Performance bonds each for 100% of cost for improvement with the City that shall secure the construction of the public improvements. Insurance shall be provided per the terms of the agreement.
86. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations.
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24 Developer shall request a walkAhrough with the Engineering Construction Inspector before the start of construction to verify existing conditions.
87. The developer shall obtain all local and state permits necessary for all project onsite and offsite construction.
88. Prior to any work within public right of way or City easement, the developer shall obtain an encroachment permit from the City.
WATER QUALITY
89. Proposed development shall comply with state mandated regional permits for both pre-construction and post-construction storm water quality requirements per chapter 27D of the Gilroy Municipal Code, and is subject to, but not limited to, the following:
a.At grading permit phase, submit a fmal design Stormwater Management Plan and final signed Performance Requirement Certifications specified in the City of Gilroy Stormwater Management Guidance Manual (latest edition). b. At improvement plan phase, confirm that the bioretention basin locations shown on the Stormwater Control Plan match with the locations shown on the Landscape Plans.
c.Prior to building permit issuance, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City.
i. The City shall record this agreement against the property or properties involved and it shall be binding on all subsequent owners of land served by the storm water management treatment BMPs. The City-standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering.
ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity.
iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stonn water management facility becomes a danger to public health or safety, the city shall have the authority to perform · maintenance and/or repair work and to recover the costs from the owner. iv. All on-site storm water management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s) or other legal entity approved by the City.
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25 v. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans.
vi. The property owner(s) shall develop a maintenance schedule for the life of any storm water management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan.
d. Stormwater BMP Inspections will be required for this project and shall adhere to the following:
i. The property owner(s) shall be responsible for having all storm water management facilities . inspected for condition and function by a knowledgeable third party.
ii. Unless otherwise required by the City Engineer or designee, storm water facility inspections shall be done at least twice per year, once in Fall, in preparation for the wet season, and once in Winter. Written records shall be kept of all inspections and shall include, at minimum, the following information:
1. Site address;
2. Date and time of inspection;
3. N atne of the person conducting the inspection;
4. List of storm water facilities inspected;
5. Condition of each storm water facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site re-inspection.
e. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1 st for the Fall
report, and no later than March 15th of the following year for the Winter report. f. Before commencing any grading or construction activities, the developer shall obtain a National Pollutant Discharge Elimination System (NPDES) permit and provide evidence of filing of a Notice of Intent (NOI) with the.State Water Resources Control Board.
90. The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and implement such measures. Failure to comply with the RESOLUTION 2018-44
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26 approved construction BMPs_ will result in the issuance of correction notices, citations or a project stop order.
UTILITIES
91. All service to the development shall be an "undergro1UJ.d service" designed and installed in accordance with the Pacific Gas and Electric Company, AT&T (phone) Company and local cable company regulations. Transformers and switch gear cabinets shall be placed underground unless otherwise approved by the Planning Director and the City Engineer. Underground utility plans must be submitted prior to installation.
92. Improvement plans are required for all on-site and off-site improvements. The following items will need to be completed prior to first building permit submittal:
a) The Developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and· meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground).
b) The Developer shall negotiate right-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies.
c) Will Serve Letter" from each utility company for the subdivision shall be supplied to the City.
93. A note shall be placed on the joint trench composite plans which states that the plan agrees with City Codes and Standards and that no underground utility conflict exists. The Joint trench consultant shall provide the City a separate "project utility composite plan" showing all Civil, Landscape, electrical, and joint trench information to confirm that there are no conflicts with joint trench plan utilities.
Joint Trench Shall not be conceptual.
94. Storm and sewer lines in private areas shall be privately owned and maintained by the HOA.
95. Prior to any construction of the dry utilities in the field, the following will.need to be supplied to the City: ·
a) A professional engineer- original electrical plan.
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27 b) A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City codes and Standards, and to the approved subdivision improvement plans.
96. Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids.
97. The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director.
98. All mainline storm drain piping shall have a minimum diameter of 18 inches and the lateral connections shall have a minimum diameter of 15 inches.
WATER CONSERVATION
99. Landscape design shall comply with the State Water Efficient Landscape requirements. Prior to building permit issuance complete landscape documentation package shall be submitted along with landscape plan for review and approval of the City Engineer; and prior to final/occupancy permit issuance, project Landscape Architect shall certify compliance with the State requirements and submit a Certificate of Completion by the owner.
100. The project shall fully comply with the measures required by the City's Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments to meet the requirements imposed by the State of California's Water Board. This ordinance established permanent voluntary water · saving measures and temporary conservation standards. 101. Recycled water shall be used.for construction water, where available, as determined by the Public Worlcs Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley WaterDistrict's municipal industrial rate.
WATER
102. The proposed 8" DIP water main within the proposed subdivision shall be connected to the existing water main line on Riverview Circle to provide a looping water system with two points of connection.
103. All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate.
104. Where recycled water is not available, as determined by the Public Works Director, potable water shall be used. All City potable water will be billed based on the City's comprehensive fee schedule wder the Portable Fire hydrant meter rate. 105. The Developer shall perform field verification testing of the water system and will modify any part of the systems that does not perform to the standards established by the City.
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28 CONSTRUCTION BMP
106. It is the responsibility of the contractor to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud; silt, concrete and other construction debris shall not be washed into the City's storm drains. 107. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject _to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Public Works Director, or at least once a day.
Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Public Works Director. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered.
CONSTRUCTION
108. If the project has excess fill or cut that will be off�hauled to a site or on .. hauled from a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading and Drainage Plan. 109. The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The subdivider shall require the soils engineer to daily submit all testing and sampling and reports to the City Engineer. 110. Prior to Final Map approval, the Developer/ Applicant shall submit a proposed construction phasing and schedule for approval by the City Engineer. Schedule format shall be Microsoft Project, and shall identify the scheduled critical path for the installation of improvements. The schedule shall be updated weeldy. 111. At least one week prior to commencement of work, the Developer shall post at the site and mail to the Engineering Division and to owners of property within (300') three hundred feet of the exterior boundary of the project site a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice.
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29 112. Prior to final inspections, all pertinent conditions of approval and all improvements shall be completed to the satisfaction of the Planning Director and City Engineer. 113. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 114. All public improvements, including the complete installation of all improvements relative to streets, fencing, sanitary sewer, storm drainage, water system, underground utilities, etc., shall be completed and attested to by the City Engineer before approval of occupancy of any unit. Where facilities of other agencies are involved, such installation shall be verified as having been completed and accepted by those agencies ..
115. Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m.
Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. for general construction activity. No work shall be done on Sundays and City Holidays. The Public Works Director may apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes.
116. The City shall be notified at least two (2) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24-hour emergency telephone number list.
CONSTRUCTION PARKING
117. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Public Works Director(§ 15.40.070).
MONUMENTS
118. All monuments shall be set per the recorded final map. A certificate letter by the Surveyor or Engineer will be provided to the City Engineer.prior to.project acceptance.
ACCEPTANCE
119. Certification of grades and compaction is required prior to Building Pennit final.
This statement must be added as a general note to the Grading and Drainage Plan. 120. Until such time as all improvements required are fully completed and accepted by City, Developer will be responsible for the care maintenance of and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Developer.
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30 121. The developer shall submit as .. built plans for civil, landscape, electrical, joint trench.
122. The developer shall submit AutoCAD files each consultant's composite basemap linework showing all public and private improvements and utility layouts. Utility layers shall be clearly labeled to identify private and public status and separate pen color designated.
EIRE DEPARTMENT. CONDITIO�
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123. TM 16-02 Conditions shall be included on off.-site improvement plans as "Fire Department Notes." Prior to street completion, the Fire Marshal shall be contacted and a fire clearance for off-site improvements be scheduled. No building permits will be issued without a Fire -Off-Site Improvement Inspection and Fire Flow Test administered by the Fire Marshal.
124. Open Spaces, including parcel A (between residential lots and the trail) and parcel C, shall have vegetation management to remove dead plants and debris, and to remove, disc or mow weeds during weed abatement season from April to November of each year. Trees in this area shall be limbed up 6' off the ground. In HOA· managed areas the HOA shall be responsible. For privately owned property it shall be performed by the property owner.
125. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure shall be spaced every 300 ft., and within 150 ft. of any building. Blue reflectors shall be adhered to the road surface in front of each hydrant. Improvement plan shall provide Fire Hydrants per the City Standard. Hydrants shall be installed prior to commencement of construction with combustible materials. A hydrant flow test shall be performed by Fire Marshal prior to possession by the water department. 126. All homes shall be provided with water laterals and meters sized to allow for a residential NFP A 13d fire sprinkler system. Off-site improvement plan shall provide all homes shall be provided with 1.5 inch water laterals and 1" meters sized to allow for a residential NFP A 13d fire sprinkler system. Plot plans for tract homes shall specify that the house is to be provided with fire sprinklers. 127. Roadways shall provide a mi¢mum 20 feet of unobstructed travel. Vertical clearance of not less than 13.5 ft. shall be provided. Turning radius shall not be less than 32' inside and 40' outside. Parking.restrictions as follows: For road widths less than 28 ft., no parldng on either side, road width less than 36 ft., no parking on one side, road width at or over 36 ft., parking not restricted. 128. Where parking is 1·estricted, it shall be posted with signs for No Parking-Fire Lane and curbs shall be painted red. Include details in OffhSite improvement plans. 129. Final Map shall include a paragraph that reads: "Red curbing and signage shall be maintained by the Home Owners Association. A _parldng enforcement shall be RESOLUTION 2018-44
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31 implemented by the Homeowners Association and lots A and C subject to vegetation management by the HOA."
130. All individual lots (lots 1, 2, 9 -14) that border open space must have noncombustible perimeter fences, as well as maintain a minimum 30 foot vegetation zone within their respective lots.
131. The homeowners association will be responsible for vegetation management for parcels A, B, and C.
RESOLUTION 2018-44
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2018-44 is an original resolution, or true and couect copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 5
th day of November, 2018,_ at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of Shawna Freels,
City Clerk of the City of Gilroy
(Seal)
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RESOLUTION NO. 2023-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A TIME EXTENSION FOR TENTATIVE MAP TM 16-02
CREATING 14 SINGLE-FAMILY RESIDENTIAL LOTS, TWO COMMON
PARCELS, ONE PUBLIC PARK PARCEL, LOCATED AT THE
NORTHERLY TERMINUS OF GREENFIELD DRIVE AND SOUTH OF
UVAS CREEK, APN 808-20-008, FILED BY JAMES SUNER
WHEREAS, on November 5, 2018, the City Council of the City of Gilroy by Resolution No 2018-44 adopted a mitigated negative declaration and approved Tentative Map Application TM 16-02 for an initial period of two years, subject to 131 conditions and incorporating project mitigation measures; and
WHEREAS, on June 1, 2020, the City Council adopted Resolution No. 2020-33 that extended the expiration date of all tentative maps, architectural and site permits, and planned unit development approvals that were active during the COVID shelter in place order, through May 31, 2021; and
WHEREAS, on September 29, 2020, Assembly Bill No. 1561 Chapter 195 was enacted to amend Section 65583 and to add Section 65914.5 to the Government Code relating to land use, to extend by 18 months the period for the expiration of a housing entitlement that was issued before, and was in effect on, March 4, 2020, and that will expire before December 31, 2021; and
WHEREAS, legislative extensions granted by the State and City Council extended approval of TM 16-02 through November 30, 2022; and
WHEREAS, On November 30, 2022, James Suner submitted a Time Extension request for the Tentative Map TM 16-02; and
WHEREAS, On February 27, 2023, the City Council considered the time extension request; and
WHEREAS, the location and custodian of the documents or other materials that constitute the record of proceedings of TM 16-02 time extension request is the office of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Gilroy hereby approves a 12-month time extension of time for TM 16-02, through November 30, 2023. Approval of TM 16-02 time extension shall include all other conditions of approval and mitigation measures applied to the project by City Council Resolution 2018-44, which are incorporated by reference herein.
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Resolution No. 2023-XX
Time Extension TM 16-02
City Council Regular Meeting | February 27, 2023
PASSED AND ADOPTED this 27th day of February by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
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City of Gilroy
STAFF REPORT
Agenda Item Title: Adopt an Ordinance of the City Council of the City of Gilroy Amending Chapter 19B of the Gilroy City Code
Relating to Smoking Pollution Control to Prohibit
Smoking at Multi-Family Housing Properties and
Public Events Except in Designated Areas
Meeting Date: February 27, 2023
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Bryce Atkins, Assistant to the City Administrator Prepared By: Bryce Atkins, Assistant to the City Administrator STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Council adopt the ordinance
BACKGROUND
The item was initiated by Council on May 16, 2022, to agendize a discussion regarding Chapter 19B relating to smoking prohibitions. The item was heard by the City Council at the regular City Council meeting on October 3, 2022. At that time, the Council provided direction to bring back an ordinance banning smoking at multi-family housing properties as well as at public events. Staff began development and returned to Council at the January 23, 2023 meeting to receive additional feedback on a few of the ordinance provisions based upon its research. Having that feedback, staff completed the development of the proposed ordinance, and brought the proposed ordinance to Council for the introduction of the ordinance on February 6, 2023. There were no proposed changes, aside from a minor, clarifying change in the title of the ordinance, which was carried out.
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Adopt an Ordinance of the City Council of the City of Gilroy Amending Chapter 19B of the Gilroy City Code Relating to Smoking Pollution Control to Prohibit Smoking at Multi-Family Housing Properties and Public Events Except in Designated Areas City of Gilroy Page 2 of 2 February 27, 2023 5
9 ANALYSIS
The detailed analysis is included in the attached staff report from the introduction of the proposed ordinance on February 6, 2023.
ALTERNATIVES
Council may choose not to adopt the ordinance. This is not recommended, as the proposed ordinance was constructed with feedback from the City Council. Should Council not adopt the ordinance, either the ordinance would need to be revised and restart the adoption process, or the pursuit would be canceled, depending upon Council’s action.
FISCAL IMPACT/FUNDING SOURCE
None. This ordinance would incur minimal costs for updating in the City Code and outreach about what it requires of multi-family housing properties. These costs will be borne within existing appropriations.
PUBLIC OUTREACH
This ordinance’s introduction and adoption were advertised and discussed publicly at the February 6, 2023 regular Council meeting. The ordinance was included on the publicly posted agendas for the February 6, 2023, and February 27, 2023 regular City Council meetings.
NEXT STEPS
If adopted, staff will commence outreach to multi-family housing properties about the new requirements and include the prohibitions on special event permits for public events.
Attachments:
1. Proposed Ordinance
2. Ordinance Introduction Staff Report – February 6, 2023
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ORDINANCE NO. 2023-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING CHAPTER 19B OF THE GILROY CITY CODE RELATING TO SMOKING POLLUTION CONTROL TO PROHIBIT SMOKING AT MULTIFAMILY HOUSING PROPERTIES AND PUBLIC EVENTS EXCEPT IN
DESIGNATED AREAS
WHEREAS, the City of Gilroy (City) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the U.S. Surgeon General has concluded that there is no risk-free level of exposure to secondhand smoke and the California Air Resources Board identified secondhand smoke as a toxic air contaminant for which there is no safe level of exposure; and
WHEREAS, according to the Centers for Disease Control, secondhand smoke is responsible for an estimated 34,000 heart disease-related and 7,300 lung cancer-related deaths among adult nonsmokers each year; and
WHEREAS, in children, secondhand smoke causes ear infections, more frequent and severe asthma attacks, respiratory infections, and increases the risk of Sudden Infant Death Syndrome (SIS); and
WHEREAS, research demonstrates that secondhand smoke in multi-unit housing can and does transfer between units, creeping under doorways and through wall cracks; and
WHEREAS, harmful residues from tobacco smoke can be absorbed by and cling to virtually all indoor surfaces long after smoking has stopped and then be emitted back into the air, making this a potential health hazard; and WHEREAS, pursuant to California Health and Safety Code Section 118910, California cities and counties have the legal authority to adopt local laws that prohibit all tobacco use indoors and outdoors in areas not already covered by state law; and WHEREAS, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking around non-tobacco users, especially children, to protect the public from exposure to secondhand smoke where they live, work, and play, and to protect the public from nonconsensual exposure to secondhand smoke in and around their homes, the City desires to amend and add new sections to Chapter 19B of the Gilroy City Code relating to smoking within multi-unit housing properties and at public events.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I
The foregoing recitals are true and correct and are incorporated herein by this reference.
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Ordinance No. 2023-XX
Amending Chapter 19B – Smoking Prohibitions in Multi-Family Housing and Public Events City Council Regular Meeting | February 27, 2023
SECTION II
That Section 19B.1, entitled “Definitions”, shall be amended to read as follows. 19B.1 Definitions.
These definitions are not intended to be used in interpretation of the City’s Zoning Code or any other provisions of the Gilroy City Code except as used in this Chapter. The following words and phrases, whenever used in this chapter, shall be construed as follows:
“Bar” means any area or a room utilized primarily for the sale of intoxicating liquors for consumption by guests on the premises and in which the sale of food and the provision of entertainment are merely incidental to the sale of intoxicating liquors. “Common Area” means every area of a Multi-unit Residence that residents of more than one unit are entitled to enter or use, including, but not limited to, halls, pathways, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking garages, parking lots, grassy or landscaped areas, restrooms, laundry rooms, cooking areas, and eating areas.
“Employee” means any person who is employed by an employer in consideration for direct or indirect monetary wages or profit.
“Employer” means any person who employs the services of an individual person. "Enclosed area" means an area in which outside air cannot circulate freely to all parts of the area, and includes an area that has any type of overhead cover whether or not that cover includes vents or other openings and at least three walls or other vertical boundaries of any height whether or not those boundaries include vents or other openings; or four walls or other vertical boundaries that exceed six feet in height whether or not those boundaries include vents or other openings. “Multi-unit Residence” means property containing two or more attached units, including, but not limited to, apartment buildings, condominiums, duplexes and triplexes, attached single-family homes, senior and assisted living facilities, and long-term health care facilities. “Multi-unit Residences” do not include the following:
1. a hotel or motel that meets the requirements of California Civil Code section 1940(b)(2);
2. a mobile home park;
3. a campground; and
4. a detached single-family home with or without an attached or detached accessory dwelling unit, junior accessory dwelling unit, or second unit. “Open to the public” means available for use by or accessible to the general public during the normal course of business conducted by either private or public entities.
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Ordinance No. 2023-XX
Amending Chapter 19B – Smoking Prohibitions in Multi-Family Housing and Public Events City Council Regular Meeting | February 27, 2023
“Park” means a park, playground, swimming pool, recreation center or any other area in the city, owned or used by the city and devoted to active or passive recreation, with the exceptions that “park” does not include the Gilroy Municipal Golf Course, Gilroy Gardens, or Christmas Hill Park during the Gilroy Garlic Festival. "Person" means any natural person, business, cooperative association, nonprofit entity, personal representative, receiver, trustee, assignee, or other legal entity including government agencies.
"Public event" means any event which may be open to or attended by the general public, including a farmer’s market, parade, craft fair, or similar event. Public events may be located within an enclosed or unenclosed area to which the public is invited or in which the public is permitted. Smoking is permitted on streets and sidewalks being used in a traditional capacity as pedestrian or vehicular thoroughfares, unless it is being used in association with a public event, or otherwise prohibited by this chapter or other law. The prohibition of smoking at public events includes the full area permitted or identified as the boundaries of the public event, plus a reasonable distance area from the boundary of the event, as defined in this chapter.
“Restaurant” means any coffee shop, cafeteria, short order cafe, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private school cafeteria or eating establishment, and any other eating establishment, organization, club (including veterans club), boarding house, or guesthouse, the primary function of which is to give, sell or offer for sale food to the public, guests, patrons, or employees, except that the term “restaurant” shall not include a tavern or a cocktail lounge if said tavern or cocktail lounge is a bar as defined in this section.
"Reasonable Distance" means a distance of twenty-five (25) feet in any direction from any doorway, window opening, crack, or vent of any area where smoking is prohibited under of this chapter. Nothing in this definition shall limit or reduce the minimum smoking prohibition distance requirements for any publicly owned or utilized building or structure, subject to state or federal regulations.
“Smoke” or “smoking” means and includes inhaling or exhaling upon, burning or carrying any lighted smoking equipment for tobacco, or any other plant or product used for the personal habit commonly known as smoking.
"Unenclosed area" means any area that is not an enclosed area. “Unit” means a personal dwelling space, even one lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use area, such as a private balcony, porch, deck, or patio. “Unit” includes, without limitation, an apartment; a condominium; a townhouse; a room in a senior facility; a room in a long-term health care facility, assisted living facility, community care facility, or hospital; a room in a hotel or motel; a dormitory room; a room in a single-room occupancy facility; a room in a homeless
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Amending Chapter 19B – Smoking Prohibitions in Multi-Family Housing and Public Events City Council Regular Meeting | February 27, 2023
shelter; a mobile home; a camper vehicle or tent; a single-family home; and an accessory dwelling unit, junior accessory dwelling unit, or second unit.
SECTION III
That Section 19B.2 shall be amended to read as follows. 19B.2 Smoking prohibited.
Labor Code Section 6404.5 prohibits smoking in enclosed places of employment (as defined in that code section) in the State of California. In addition, pursuant to Labor Code Section 6404.5, local governments retain the right to adopt and implement stricter antismoking requirements than are imposed pursuant to Labor Code Section 6404.5, including the right to regulate and prohibit smoking in any area not defined as a place of employment or in which smoking is not regulated pursuant to Labor Code Section 6404.5.
This chapter is intended to supplement the provisions of Labor Code Section 6404.5. All places within the city shall be subject to the provisions of Labor Code Section 6404.5, as such section may be amended or recodified from time to time. In addition, smoking is prohibited in all of the following places within the city:
(1) Outdoor Eating Areas. Fifty (50) percent of outdoor eating areas for all restaurants, which shall be reserved for nonsmokers.
(2) Elevators. Elevators in buildings generally open to and used by the public, including elevators in apartment buildings, irrespective of the number of living units in such apartment buildings.
(3) Hospitals and Health Care Facilities. Every public and private health care facility including, but not limited to, hospitals, clinics, and physicians and dentists offices, provided that smoking is permitted in patient smoking areas of long-term health care facilities, as defined in Section 1418 of the Health and Safety Code. (4) Places of Public Assembly. Hearing rooms or places of public assembly owned by the city or in which the business of the city, or any of its boards or commissions, is conducted. (5) Public Lobbies, Public Hallways. Waiting rooms, lobbies and public hallways of every building under direct or indirect control of the city.
(6) Museums, Libraries, Galleries. All museums, libraries and galleries. (7) Designated Nonsmoking Areas. Any area of any business, governmental or charitable establishment which has been designated by the owner or person in charge of such establishment as a nonsmoking area and marked with a nonsmoking sign or signs.
Exceptions set forth later in this chapter shall not apply to this subsection. (8) Public Restrooms. Public restrooms.
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Amending Chapter 19B – Smoking Prohibitions in Multi-Family Housing and Public Events City Council Regular Meeting | February 27, 2023
(9) Parks. Parks grounds and parking lot(s).
(10) Public Events as defined in Section 19B.1.
(11) Multi-unit housing as regulated by Section 19B.6.
SECTION IV
That Section 19B.6 shall be added to read as follows.
19B.6 Smoking prohibited - multi-unit housing
(a) Beginning April 1, 2023, smoking is prohibited and no person shall smoke inside any new or existing unit of a Multi-unit Residence, in any enclosed or unenclosed Common Area of a Multi-unit Residence, or within a Reasonable Distance of any operable doorway, window, opening, or vent of a Multi-unit Residence.
(b) Smoking is prohibited in Multi-unit Residences as provided in subsection (a) of this section, except that a person with legal control over a Common Area, or authorized representative, may designate a portion of the common area as a designated smoking area; provided, that at all times the designated smoking area complies with subsection (c) of this section.
(c) Designated Smoking Areas in Multi-unit Residences. A designated smoking area shall:
1. Be an Unenclosed Area;
2. Be a Reasonable Distance from Unenclosed Areas primarily used by children and unenclosed areas with improvements that facilitate physical activity including, for example, playgrounds, tennis courts, swimming pools, and school campuses;
3. Be a Reasonable Distance in any direction from any operable doorway, window, opening or other vent into an enclosed area that is located at the Multi-unit Residence and is a Nonsmoking Area;
4. Be a Reasonable Distance in any direction from a Nonsmoking Area and/or any operable doorway, window, opening or other vent into an enclosed area of adjacent private property;
5. Have a clearly marked perimeter;
6. Have a receptacle for cigarette butts that is emptied and maintained; and
7. Be identified by conspicuous signs.
(d) Smoking is prohibited in adjacent unenclosed property within a Reasonable Distance in any direction of any doorway, window, opening, or other vent into an enclosed area of a Multi-unit Residence.
(e) Common Areas Free from Smoking Waste. Persons with legal control over common areas in Multi-unit Residences, and their authorized representatives, shall ensure that all Common Areas except those meeting the requirements of subsection (C) of this section remain free of Smoking and tobacco waste, and ash trays, ash cans, or other receptacles designed for or primarily used for disposal of smoking and tobacco waste.
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Amending Chapter 19B – Smoking Prohibitions in Multi-Family Housing and Public Events City Council Regular Meeting | February 27, 2023
(f) Signage. “No smoking” signs shall be posted as required by Section 19B.4 of this chapter but are not required inside any unit of a Multi-unit Residence. Signs shall be maintained by the person or persons with legal control over the common areas or the authorized representative of such person.
(g) Lease Terms. Every lease or other rental agreement for the occupancy of a new or existing unit in a Multi-unit Residence entered into, renewed, or continued month-tomonth after April 1, 2023 shall include the following:
1. A clause providing that it is a material breach of the agreement to Smoke or allow Smoking:
a. in the Unit, including exclusive-use areas such as balconies, porches, or patios; and
b. in any Common Area of the Multi-unit Residence other than a designated Smoking area.
2. A description of and/or image depicting the location(s) of any designated Smoking area(s) on the property, if any.
3. A clause expressly conveying third-party beneficiary status to all occupants of the Multi-unit Residence as to the Smoking provisions of the lease or other rental agreement. Such a clause shall provide that any tenant of the Multi-unit Residence may sue another tenant/owner to enforce the Smoking provisions of the agreement but that no tenant shall have the right to evict another tenant for a breach of the Smoking provisions of the agreement.
(h) Whether or not a landlord complies with subsection (g) of this section, the clauses required by that subsection shall be implied and incorporated by law into every agreement to which subsection (g) of this section applies and shall become effective as of the earliest possible date on which the landlord could have made the insertions pursuant to subsection (g) of this section.
(i) Other Requirements and Prohibitions
1. No Person shall dispose of used Smoking waste within the boundaries of an area in which Smoking is prohibited by this chapter.
2. The presence of Smoking waste receptacles in violation of subsection (i)(1) above or the absence of signs shall not be a defense to a violation of any provision of this chapter.
3. Each instance of Smoking in violation of this chapter shall constitute a separate violation. For violations other than Smoking, each day of a continuing violation of this chapter shall constitute a separate violation.
(j) Violation – penalty
1. For violations of this Section 19B.6, the remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity.
Except as otherwise provided, enforcement of this chapter is at the sole discretion of the city. Nothing in this chapter shall create a right of action in any person against the city or its agents to compel public enforcement of this article against any party.
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Amending Chapter 19B – Smoking Prohibitions in Multi-Family Housing and Public Events City Council Regular Meeting | February 27, 2023
2. Any person who violates any of the provisions of this Section 19B.6 shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.7 or, in the alternative, subject to enforcement action pursuant to Chapter 6A.13: Administrative citation.
3. Any violation of this Section 19B.6 is hereby declared to be a public nuisance.
4. In addition to other remedies provided by this section or otherwise available at law or in equity, any violation of this section may be remedied by a civil action brought by the city attorney, including, without limitation, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief.
5. Owners, operators, property managers, and officers of homeowners’ associations for residential properties, whether rental or owner-occupied, are required to post signs in accordance with Section 19B.4 and provide notice to residents or tenants of the requirements of this Chapter. Owners, operators, and property managers of rental property must include the requirements of Section 19B.6(g) in their leases or other rental agreements. If the owners, operators, property managers, and officers of rental property and homeowners’ associations for residential properties have satisfied these requirements, they shall not be responsible for violations of the requirements of this chapter by tenants or residents, guests, or invitees of tenants or residents.
SECTION V
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION VI
This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk is hereby directed to publish this Ordinance or a summary thereof pursuant to Government Code Section 36933.
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Ordinance No. 2023-XX
Amending Chapter 19B – Smoking Prohibitions in Multi-Family Housing and Public Events City Council Regular Meeting | February 27, 2023
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 27th day of February 2023 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
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City of Gilroy
STAFF REPORT
Agenda Item Title: Introduction of an Ordinance of the City Council of the City of Gilroy Amending Chapter 19B of the Gilroy City
Code Relating to Smoking Pollution Control to Prohibit
Smoking at Multi-family Housing Properties and Public
Events
Meeting Date: February 6, 2023
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Bryce Atkins, Assistant to the City Administrator Prepared By: Bryce Atkins, Assistant to the City Administrator STRATEGIC PLAN GOALS Promote Safe Affordable Housing for All
RECOMMENDATION
1. Motion to read the ordinance by title only and waive further reading of the ordinance; and
2. Introduce an Ordinance of the City Council of the City of Gilroy Amending Chapter 19B of the Gilroy City Code Relating to Smoking Pollution Control to Prohibit Smoking at Multi-family Housing Properties and Public Events.
BACKGROUND
The item was initiated by Council on May 16, 2022, to agendize a discussion regarding Chapter 19B relating to smoking prohibitions. The item was heard by the City Council at the regular City Council meeting on October 3, 2022. At that time, the Council provided direction to bring back an ordinance banning smoking at multi-family housing properties as well as at public events. Staff began development and returned to Council at the January 23, 2023 meeting to receive additional feedback on a few of the ordinance provisions based upon its research. Having that feedback, staff completed the development of the proposed ordinance, and is before the Council for the introduction of the new ordinance.
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Introduction of An Ordinance; Prohibit Smoking at Multi-Family Housing Properties and Pu Events
City of Gilroy Page 2 of 3 February 6, 2023
ANALYSIS
Staff commenced a review of other municipal ordinances in Santa Clara County of ordinances relating to the prohibition of smoking at multi-family housing (MFH) properties, as well as at public events. Staff also received specific direction on key terms of prohibitions that were not specifically addressed in the direction but were in other example ordinances.
The proposed changes are described below. Attached to this staff report is the proposed ordinance effectuating the expanded prohibitions, as well as a redline edit that shows the changes to the Gilroy City Code if adopted.
19B.1 Definitions
These changes include definitions of terms in the new code language. Key new definitions include the establishment of MFH property as being of two or more units, as well as the exceptions for hotels, mobile home parks, and accessory dwelling units, to name a few.
Additionally, the definition of Reasonable Distance is used to establish buffer zones around areas where smoking is prohibited. The third definition identified for specific attention is the definition of Public Event, which is any event that may be open to or attended by the general public, including a farmer’s market, parade, craft fair, or similar event in which the public is invited or in which the public is permitted. Smoking is still permitted on streets and sidewalks being used in a traditional capacity as a pedestrian or vehicular thoroughfares unless it is being used in association with a public event, at which point if it is in the public event area or reasonable distance smoking will be prohibited.
There are additional definitions contained in the ordinance to aid in interpreting the code language.
19B.2 Smoking Prohibited
Public events and MFH are added to the list of areas smoking is prohibited within. 19B.6 Smoking Prohibited – Multi-Family Housing
This is the addition that contains the regulations prohibiting smoking at MFH properties.
The prohibition includes the requirement that the ban includes new and existing units, enclosed or unenclosed common areas, within a reasonable distance. There is an option for the property owner to have a designated smoking area provided the requirements contained in the ordinance are met is included in lease agreements, as well as granting the status of a third-party beneficiary to other tenants of MFH properties to sue tenants violating the code to enforce compliance. It also allows the City to enforce but does not require the City to enforce these provisions. Property owners and managers who follow the requirements of this chapter would not be responsible for violations of the requirements by tenants or residents, or their guests.
ALTERNATIVES
Council may modify or reject the proposed ordinance. Should Council wish to modify the proposed ordinance, staff will take those comments, modify the ordinance and restart the adoption process.
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Introduction of An Ordinance; Prohibit Smoking at Multi-Family Housing Properties and Pu Events
City of Gilroy Page 3 of 3 February 6, 2023
FISCAL IMPACT/FUNDING SOURCE
There are no anticipated fiscal impacts from the adoption of this ordinance aside from outreach efforts which will be absorbed within existing budget appropriations.
PUBLIC OUTREACH
There have been multiple agenda items on publicly posted meeting agendas for this topic.
These include the meetings of October 3, 2022, and January 23, 2023, and this agenda.
Additionally, this item was advertised in the newspaper for this introduction as well as adoption potentially on February 27, 2023.
NEXT STEPS
If Council introduces the ordinance, the ordinance will return to the following meeting of February 27, 2023, on the consent calendar.
Attachments:
1. Draft Ordinance
2. Gilroy City Code Chapter 19B – Redline edits
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City of Gilroy
STAFF REPORT
Agenda Item Title: Adopt an Ordinance of the City Council of the City of Gilroy Amending Chapter 19C of the Gilroy City Code
Relating to Social Host Accountability to Increase the
Penalty Amounts and Increase the Period of Time for
Issuing Citations
Meeting Date: February 27, 2023
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Bryce Atkins, Assistant to the City Administrator Prepared By: Bryce Atkins, Assistant to the City Administrator STRATEGIC PLAN GOALS Promote Safe Affordable Housing for All
RECOMMENDATION
Council adopt the ordinance.
BACKGROUND
At the June 6, 2022 Regular City Council Meeting, the City Council initiated a future agenda item to bring back the social host ordinance for review. The ordinance was reviewed at the January 9, 2023 Regular City Council Meeting, where the direction was received to increase the penalties for a first offense up to $1,000 and increase the time period for issuing citations with the amount of time to be proposed by staff. Staff returned to Council on February 6, 2023, with a proposed ordinance to amend the penalty to $1,000 for the first offense, and $2,000 for the second and each subsequent offense. Additionally, the ordinance introduced establishes an extended window to issue citations, setting the timeframe for 180 days. No changes to the introduced ordinance were made.
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Adopt an Ordinance of the City Council of the City of Gilroy Amending Chapter 19C of the Gilroy City Code Relating to Social Host Accountability to Increase the Penalty Amounts and Increase the Period of Time for Issuing Citations
City of Gilroy Page 2 of 2 February 27, 2023 5
9 ANALYSIS
The analysis was conducted on the staff report for the ordinance introduction, which is attached to this staff report.
ALTERNATIVES
Council may reject the ordinance. This is not recommended, as the ordinance is consistent with the direction given by the City Council. Should the City Council wish to amend the proposed ordinance, the adoption process would need to be restarted.
FISCAL IMPACT/FUNDING SOURCE
No direct fiscal impacts are expected from the adoption process. Revenues from penalties may be increased, depending on the number of violations that occur and are successfully cited.
PUBLIC OUTREACH
The ordinance was introduced at a public meeting of the City Council on February 6.
The proposed ordinance and dates the item was before Council were advertised in the newspaper, and were listed on the publicly posted agendas for January 9, 2023, February 6, 2023, and the February 27, 2023 regular City Council meetings.
NEXT STEPS
If adopted, the ordinance will be transmitted to our City Code Publisher for the amendment to the City Code.
Attachments:
1. Proposed Ordinance Amending Chapter 19C - Social Host Accountability
2. Staff Report of February 6, 2023
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ORDINANCE NO. 2023-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING CHAPTER 19C OF THE GILROY CITY CODE RELATING TO
SOCIAL HOST ACCOUNTABILITY TO INCREASE THE PENALTY
AMOUNTS AND INCREASE THE PERIOD OF TIME FOR ISSUING
CITATIONS
WHEREAS, the City of Gilroy (City) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the occurrence of loud or unruly gatherings on private property where alcoholic beverages are served to, consumed by or in the possession of underage persons is harmful to the underage persons themselves, and is a threat to the public health, safety, or quiet enjoyment of residential property and the general welfare; and WHEREAS, the imposition of administrative penalties on persons for loud or unruly gatherings where alcohol is consumed by, served to or in the possession of underage persons is a reasonable and necessary means to protect and promote the health, safety, and general welfare of the youth and other residents of the City of Gilroy; and WHEREAS, the imposition of an administrative fee upon social hosts and/or landowners who knowingly allow such loud or unruly gatherings to occur on their premises, at their residence, or at rented facilities where alcoholic beverages are served to, consumed by, or in the possession of underage persons is a reasonable and necessary means to offset the municipal costs associated with providing fire, police and other emergency services to loud or unruly gatherings; and WHEREAS, Ordinance 2007-14 was adopted on June 4, 2007 to establish Chapter 19C of the Gilroy City Code relating to social host accountability, including the establishment of fines and time period for issuance of administrative citations; and WHEREAS, the City Council has determined that the fine amount is too low and desires to increase the fine amount associated with violations; and WHEREAS, the time period of thirty (30) days after the violation to issue the citation is too short to be reasonable in the instances when multiple citations are possible and/or investigations into the violations are needed to determine proper citation issuance; and
WHEREAS, the City Council introduced the ordinance on February 6, 2023.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I
The foregoing recitals are true and correct and are incorporated herein by this reference.
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Ordinance No. 2023-XX
Amending Chapter 19C - Social Host Accountability
City Council Regular Meeting | February 27, 2023
SECTION II
That Section 19C.4(a)(1) shall be amended to read as follows. (1) Administrative Penalties. A first violation of this section shall result in a citation with a one-thousand-dollar ($1,000.00) penalty. A second or subsequent violation within a twelve-month period shall result in a citation with a two-thousand-dollar ($2,000.00) penalty.
SECTION III
That Section 19C.4(a)(2) shall be amended to read as follows. (2) The police shall give notice of a violation of this section by issuing an administrative citation to any and all persons identified by the enforcement officer within one hundred eighty (180) days of the violation. The administrative citation shall also give notice of the right to request an administrative hearing to challenge the validity of the administrative citation and the time for requesting that hearing pursuant to section 19C.6 below.
SECTION IV
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION V
This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk is hereby directed to publish this Ordinance or a summary thereof pursuant to Government Code Section 36933.
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Ordinance No. 2023-XX
Amending Chapter 19C - Social Host Accountability
City Council Regular Meeting | February 27, 2023
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 27th day of February 2023 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
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City of Gilroy
STAFF REPORT
Agenda Item Title: Introduction of An Ordinance of the City Council of the City of Gilroy Amending Chapter 19C of the Gilroy City
Code Relating to Social Host Accountability to Increase the Penalty Amounts and Increase the Period of Time
for Issuing Citations
Meeting Date: February 6, 2023
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Bryce Atkins, Assistant to the City Administrator Prepared By: Bryce Atkins, Assistant to the City Administrator STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
a) Motion to read the ordinance by title only and waive further reading; and b) Introduce an Ordinance of the City Council of the City of Gilroy Amending Chapter 19C of the Gilroy City Code Relating to Social Host Accountability to Increase the Penalty Amounts and Increase the Period of Time for Issuing Citations.
BACKGROUND
At the June 6, 2022 Regular City Council Meeting, the City Council initiated a future agenda item to bring back the social host ordinance for review. The ordinance was reviewed at the January 9, 2023 Regular City Council Meeting, where direction was received to increase the penalties for a first offense up to $1,000 and increase the time period for issuing citations with the amount of time to be proposed by staff.
ANALYSIS
There are no changes proposed relating to the regulatory nature of the ordinance. The only changes are those two that were requested for the enforcement of those regulations.
7.6 p. 131 of 530
An Ordinance of the City Council of the City of Gilroy - Social Host Accountability to Incr the Penalty Amounts and Increase the Period of Time for Issuing Citations City of Gilroy Page 2 of 2 February 6, 2023
As such, attached is an ordinance for Council consideration to introduce for future adoption.
The ordinance amends Section 19C.4(a)(1) to change the initial penalty to $1,000, the second and each subsequent offense to $2,000. This would not change the third or subsequent violations by comparison, as the penalty is escalated in the second citation amount to the same amount as the third violation under the current code – $2,000. This penalty structure is consistent with the Fireworks Host Liability penalties.
The ordinance also amends Section 19C.4(a)(2), to allow for administrative citations to be issued up to one-hundred eighty (180) days, roughly six months after the violation.
Staff would seek to issue the citations as close to the violation date as possible, but in the instance of multiple citations, and/or if the investigation into the incident is required, this would provide a more reasonable amount of time for this work to be conducted and citations issued.
ALTERNATIVES
Council may adopt, amend, or reject the proposed ordinance.
FISCAL IMPACT/FUNDING SOURCE
There is no defined fiscal impact to the City as the revenue from penalties would only be triggered in the case of a violation. In the event of a violation being issued, the City would receive $750 more per first violation, $1,000 more for each second violation, and the penalty would be the same for the third and each subsequent violation.
PUBLIC OUTREACH
This item was discussed at the January 9, 2023 Regular City Council Meeting.
Additionally, the introduction of this ordinance and its future date for adoption was advertised in the newspaper and this agenda item was included on the publicly posted agenda for this meeting.
NEXT STEPS
Should Council introduce the ordinance, the ordinance would be brought before Council on the February 27th regular Council Meeting for adoption.
Attachments:
1. Draft Social Host Accountability Amendment Ordinance
7.6 p. 132 of 530
City of Gilroy
STAFF REPORT
Agenda Item Title: Claim of Loreen Clark (The City Administrator recommends a "yes" vote under the Consent
Calendar shall constitute a denial of the claim).
Meeting Date: February 27, 2023
From: Jimmy Forbis, City Administrator
Department: Administrative Services
Submitted By: LeeAnn McPhillips, Assistant City Administrator Prepared By: LeeAnn McPhillips, Assistant City Administrator STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection.
EXECUTIVE SUMMARY
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the February 27, 2023 meeting:
• Claim of Loreen Clark
Attachments:
1. Claim of Loreen Clark
7.7 p. 133 of 530
7.7 p. 134 of 530
7.7 p. 135 of 530
City of Gilroy
STAFF REPORT
Agenda Item Title: Award a Contract to Itech Solution in the Amount of $134,140 with a project contingency of $13,414 (10%)
and Approve a Project Expenditure of $147,554 for
Gilroy Sports Park Playground Surface Repair, Project
No. 23-PW-276
Meeting Date: February 27, 2023
From: Jimmy Forbis, City Administrator
Department: Public Works
Submitted By: Daryl Jordan, Public Works Director
Prepared By: Michael Lewis, Management Analyst
STRATEGIC PLAN GOALS Ensure Neighborhood Equity from City Services
RECOMMENDATION
Award a contract to Itech Solution in the amount of $134,140 with an additional project contingency of $13,414 (10%), for a total construction cost of $147,554 for the Gilroy Sports Park Playground Surface Repair, Project No. 23-PW-276, and authorize the City Administrator to execute the contract and associated documents.
EXECUTIVE SUMMARY
The State of California Department of Parks and Recreation, Office of Grants and Local Services (OGALS) allocates grant funds to cities and counties based on population under Proposition 68. OGALS offers two grant programs: 1) The General Per Capita Program and 2) the Urban County Per Capita Program. Through both programs, the City of Gilroy will receive $78,750 for the Gilroy Sports Park Playground Surface Repair, Project No. 23-PW-276 (Project), approved by Resolution 2020-64 which was adopted by City Council on October 19, 2020.
Staff advertised the Project in the San Jose Mercury Newspaper, ARC Document Solutions, and on the City’s website and received two bids. After a successful bid opening, staff recommends awarding a contract to the lowest responsive bidder, Itech
8.1 p. 136 of 530
Award a contract to Itech Solution in the amount of $147,554 for Gilroy Sports Park Playground Surface Repair, Project No. 23-PW-276
City of Gilroy Page 2 of 3 February 27, 2023 5
6 Solution. The contract price from the successful contractor will be $147,554, including contingency.
BACKGROUND
The State of California Department of Parks and Recreation Office of Grants and Local Services allocates grant funds to cities and counties based on population with two grant programs under Proposition 68: 1) The General Per Capita Program and 2) the Urban County Per Capita.
On August 10, 2020, the City was notified that it received an allocation under the Proposition 68 General Per Capita Grant Program. The City’s total allocation amount from the General Per Capita Program is $177,952 and $34,182 from the Urban County Per Capita for a total of $212,134.
The City applied for funding in October 2020 for two projects, the San Ysidro Lighting/Picnic Area Improvement Project, and the Gilroy Sports Park Playground Surface Repair Project. The San Ysidro Lighting/Picnic Area Improvements Project would install/construct recreation features and support amenities at San Ysidro Park that are consistent with the Park and Recreation Master Plan’s goal to “Pursue a variety of financing mechanisms for acquisition, development, long-term operations and maintenance of the parks and recreation system.”
The Gilroy Sports Park Playground Surface Repair, Project No. 23-PW-276 received $78,750 from this allocation which will assist in the repair of the badly damaged recycled playground rubber surface at Gilroy Sports Park. The current condition of the rubberized surface at the Gilroy Sports Park is in disarray, replete with numerous patches of missing rubber throughout the approximately 6,400 square foot area.
ANALYSIS
On October 19, 2020, the City Council approved Resolution 2020-64 which approved the filing of the project application.
On December 9, 2022, staff advertised the Project in the San Jose Mercury News, ARC Document Solutions, and on the City’s website with a bid opening date of January 2, 2023. One addendum was issued on December 22, 2022, which contained answers to three questions regarding the project. Staff received two bids for the Project. A summary of the bid results is shown below:
RANK COMPANY NAME TOTAL BID
AMOUNT
1 Itech Solution $134,140.00
2 VNH Builders $173,768.08
8.1 p. 137 of 530
Award a contract to Itech Solution in the amount of $147,554 for Gilroy Sports Park Playground Surface Repair, Project No. 23-PW-276
City of Gilroy Page 3 of 3 February 27, 2023 5
6 The lowest responsive bidder is Itech Solution with a total bid of $134,140. The Engineer’s Estimate was $86,000. The engineer's estimate was low due to substantially increased petroleum and labor costs over the last two years. The lowest bid is 56% higher than the Engineer’s Estimate.
Staff anticipates construction of the Project to begin in March 2023 and be completed by May 2023.
ALTERNATIVES
Council could choose to reject all bids. Staff does not recommend this option, as the City will lose this grant funding opportunity for the Gilroy Sports Park if not used by June 30, 2024. The costs associated with this project are also likely to rise if a new round of bidding occurs. The funding will provide much-needed attention and repairs to the playground area that children mainly frequent, improving safety and overall peace of mind.
FISCAL IMPACT/FUNDING SOURCE
Funding for this project would be drawn from the Landscaping Operating Budget of the General Fund (Fund 100) as there are sufficient budgetary savings to fund the contract.
The City will absorb the cost of the project initially and staff will invoice the State of California Department of Parks and Recreation’s OGALS Division the amount of $78,750 for reimbursement to the City.
The remaining $68,804 will be funded by funds in the Landscaping Operating Budget in the current fiscal year.
NEXT STEPS
With Council approval, the contract with Itech Solution will be executed, and staff will work with the contractor to develop a final construction schedule to begin construction in March 2023.
Attachments:
1. Gilroy Sports Park Contractor Signed
8.1 p. 138 of 530
SECTION 00500
AGREEMENT
GILROY SPORTS PARK PLAYGROUND SURFACE REPAIR
PROJECT No. 23-PW-276
THIS AGREEMENT, made this 27th day of February 2023, by and between the City of Gilroy, hereinafter called the “City”, and Itech Solution hereinafter called the “Contractor.”
W I T N E S S E T H:
WHEREAS, the City has caused the Contract Documents to be prepared comprised of bidding and contract requirements and technical specifications and drawings for the construction of the GILROY SPORTS PARK PLAYGROUND SURFACE REPAIR, 23-PW-276, as described therein, and
WHEREAS, the Contractor has offered to perform the proposed work in accordance with the terms of the Contract Documents.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties herein contained and to be performed, the City and Contractor agree as follows:
Article 1. Work.
Contractor shall complete the Work as specified or indicated in the Contract Documents.
Article 2. Contract Time.
The Work shall be completed by the Contractor in accordance with the Contract Documents within the time period required by Paragraph 00810-
2.0, Time Allowed for Completion, subject to extension as expressly provided in the Contract Documents.
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Gilroy Sports Park Playground Surface Repair Project No.23-PW-276 SECTION 00500-27
Article 3. Liquidated Damages.
The city and the contractor recognize that the city will suffer substantial damages and significant financial loss as a result of the contractor’s delays in performance of the work described in the contract documents. The city and the contractor hereby acknowledge and agree that the damages and financial loss sustained as a result of any such delays in performance will be extremely difficult and impractical to ascertain. Therefore, the city and contractor hereby agree that in the event of such delays in performance, the city shall be entitled to compensation by way of liquidated damages (and not penalty) for the detriment resulting therefrom in accordance with paragraph 00700-6.5, liquidated damages, of the contract documents. The city and the contractor further agree that the amounts designated as liquidated damages are a reasonable estimate of the city’s damages and financial loss in the event of any such delays in performance considering all of the circumstances existing as of the date of this agreement, including the relationship of such amounts to the range of harm to the city which reasonably could be anticipated as of the date of this agreement and the expectation that proof of actual damages would be extremely difficult and impractical.
By initialing this paragraph below, the parties hereto signify their approval and consent to the terms of this article 3.
________________________________ ________________________________ City’s Initials Contractors Initials
Article 4. Contract Price.
In consideration of the Contractors performance of the Work in accordance with the Contract Documents, the City shall pay the Contract Price set forth in the Contract Documents.
Article 5. Contract Documents.
The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of this Agreement (Section 00500 of the Contract Documents) and the following, all of which are hereby incorporated into this Agreement by reference with the same force and effect as if set forth in full.
Invitation to Bid
Instructions to Bidders
03 8.1
p. 140 of 530
Gilroy Sports Park Playground Surface Repair Project No.23-PW-276 SECTION 00500-28
Bid Documents
Designation of Subcontractors
Bid Guaranty Bond
Agreement
Acknowledgements
Performance Bond
Payment Bond
General Conditions
Supplementary Conditions
General Requirements
Standard Specifications (Caltrans, 2010 edition)
Technical Specifications
Drawings
Addenda, if any
Executed Change Orders, if any
Maintenance Bond
Notice of Award
Notice to Proceed
Article 6. Miscellaneous.
Capitalized terms used in this Agreement which are defined in Section 01090, References, of the Contract Documents will have the meanings set forth in Section 01090, References.
Contractor shall not assign any rights, obligations, duties or responsibilities under or interest in the Contract Documents without the prior written consent of the City, which consent may be withheld by the City in its sole discretion. No assignment by the Contractor of any rights, obligations, duties or responsibilities under or interests in the Contract Documents will be binding on the City without the prior written consent of the City (which consent may be withheld in City’s sole discretion); and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, executed by the City, no assignment will release or discharge the assignor from any liability, duty, obligation, or responsibility under the Contract Documents.
Subject to the foregoing, the Contract Documents shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.
Nothing contained in the Contract Documents shall in any way constitute a personal obligation of or impose any personal liability on any employees, officers, directors,
8.1 p. 141 of 530
Gilroy Sports Park Playground Surface Repair Project No.23-PW-276 SECTION 00500-29
agents or representatives of the City or its successor and assigns.
In accordance with California Business and Professions Code Section 7030, the Contractor is required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against Contractors if a complaint regarding a latent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning the Contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
IN WITNESS WHEREOF, this agreement has been executed on this day of , .
Name of Contractor Signature of City
City Administrator
Signature of Contractor Title of Signator
_____________________
Title of Signator Approved as to form by
City Attorney
ATTEST: ATTEST:
Signature Signature
Title of Signator Title of Signator
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RZQHU
owner
February 27 2023
8.1 p. 142 of 530
City of Gilroy
STAFF REPORT
Agenda Item Title: Approve an Amendment to the Agreement for Services with Alpine Landscapes for Community
Facilities District (CFD) Landscape Maintenance
Services to Include Trash and Debris Removal, the
Annual Cost for the Expanded Service, Extend the
Agreement for 18 Months, with a Total Cost of
$500,450 for the 18 Month Extension
Meeting Date: February 27, 2023
From: Jimmy Forbis, City Administrator
Department: Public Works
Submitted By: Daryl Jordan, Public Works Director
Prepared By: Michael Lewis, Management Analyst
STRATEGIC PLAN GOALS Maintain and Improve City Infrastructure
RECOMMENDATION
Approve an amendment with Alpine Landscapes to increase the annual contract amount by $26,916 per year to a total amount of $333,633 and extend the term of the existing agreement by 18 months for landscape and maintenance services and authorize the City Administrator to execute the amendment and related documents.
EXECUTIVE SUMMARY
The City of Gilroy currently contracts with Alpine Landscapes to provide landscape maintenance to Community Facilities District (CFD) sites throughout the City. This approval followed a formal bid process and evaluation of several vendors. The current contract will expire on February 28, 2023.
An amendment is being requested to extend the term of the agreement and to add garbage and debris removal services to the existing contract.
8.2 p. 143 of 530
Approve Amendment to Agreement for Services with Alpine Landscapes for Community Facilities District (CFD) Landscape Maintenance Services City of Gilroy Page 2 of 4 February 27, 2023
BACKGROUND
City Council approved a landscape maintenance contract with Alpine Landscapes on January 8, 2018, to augment landscape services throughout the City of Gilroy’s CFD areas. The contract with Alpine expires on February 28, 2023.
New developments are required to include stormwater runoff Best Management Practices (BMPs) which are mostly landscaped infiltration treatment facilities and control measures. The most common BMPs in Gilroy are bio-swales and bio-detention basins for managing stormwater runoff generated by developments. Best maintenance practice regulations require mechanical, and not pesticide control of weeds, rodents, and other vegetation. Manual trash and sediment removal are routine service requirements including maintenance reports. In order to effectively manage these Stormwater Management (SWM) treatment areas, Community Facilities District (CFD) sites have been created.
The Community Facilities District is a financing mechanism for developments that do not have Homeowners’ Associations (HOAs) that would otherwise manage development-required landscape elements. As such, the CFD contract cost is heavily impacted by the rigorous, manual maintenance required for these facilities.
The City’s current contract with Alpine Landscape provides landscape maintenance for CFD sites in the city. The CFD landscape site maintenance expenses are paid out of Fund 260 (Community Facilities District Fund). Residential properties in the CFD areas are assessed the cost to maintain the sites under the district financing procedures.
ANALYSIS
Alpine Landscapes continues to provide the City with excellent maintenance services and has proven to be responsive to any needs that arise. Parks staff has been pleased by the quality of work that Alpine Landscapes provides for the maintenance and upkeep of CFD areas. To continue the services outlined in the contract, staff is recommending an amendment to be approved to include trash and debris removal in the scope of work.
Staff is also recommending that the current agreement with Alpine Landscapes be extended by 18 months to expire on August 31, 2024.
The revised total not-to-exceed annual contract amount under this amendment is $333,633 per year. At this new annual rate, the cost for the additional 6 months is $166,817. The additional year would be $333,633, for a combined total of $500,450 for the full 18-month period.
The City recently conducted a Request for Proposal (RFP) process for landscape maintenance services. The proposals received were evaluated by the Public Works Department and notices of intent to award were issued which were subsequently subjected to protests. After further review of the protests and the City’s process for scoping the services and evaluating the proposals, it was determined revisions are
8.2 p. 144 of 530
Approve Amendment to Agreement for Services with Alpine Landscapes for Community Facilities District (CFD) Landscape Maintenance Services City of Gilroy Page 3 of 4 February 27, 2023
warranted in the City’s procurement process of the service. Since the current agreement is set to expire at the end of the month, staff determined it is in the best interest of the City to cancel the RFPs and extend the existing agreement. This will provide continuity of services and allow staff time to refine the RFP process and update the evaluation criteria/metrics. Staff is recommending an 18-month extension, however, staff will plan on conducting the next RFP process in about 12 months to allow sufficient time for the process and ensure there is ample notice/transition period should the provider of the services change as a result of the next RFP process.
ALTERNATIVES
Council could choose not to award the extension with Alpine Landscapes. Not using Alpine Landscapes for this work would require an increase in staff time to conduct the landscape maintenance work and would divert resources from other core services.
Current staffing levels do not support the amount of work needed to maintain the entirety of the CFD area, as such, the City heavily relies on contractors to perform the work.
FISCAL IMPACT/FUNDING SOURCE
Funding for the landscape maintenance services would be drawn from Fund 260 (Community Facilities District Fund) out of the Contractual Services budget. There is sufficient funding to support the contract through the remainder of the fiscal year and services will be budgeted for future years via the budget development process.
Current Annual Contract Amount = $306,717
Increase to Annual Amount = $26,916
o Trash and Debris Removal - $11,580
o 5% CPI (Consumer Price Index) increase - $15,336
Revised Annual Contract Amount = $333,633
Plus 6 additional months = $166,817
Plus 12 additional months = $333,633
Total contract extension increase = $500,450
NEXT STEPS
With Council approval of the contract with Alpine Landscapes, staff will finalize the agreement and continue landscape services with the Contractor.
8.2 p. 145 of 530
Approve Amendment to Agreement for Services with Alpine Landscapes for Community Facilities District (CFD) Landscape Maintenance Services City of Gilroy Page 4 of 4 February 27, 2023
Attachments:
1. Alpine Landscapes – Fourth Amendment Contractor Signed
2. Alpine Landscapes – Third Amendment
3. Alpine Landscapes – Second Amendment
4. Alpine Landscapes – First Amendment
5. Alpine Landscapes – CFD Parks Landscape Maintenance Services
8.2 p. 146 of 530
-1- 4845-8215-5540v1
MDOLINGER\04706083
FOURTH AMENDMENT TO AGREEMENT FOR SERVICES WITH ALPINE
LANDSCAPES FOR COMMUNITY FACILITIES DISTRICT (CFD) LANDSCAPE
MAINTENANCE SERVICES
This Fourth Amendment to the Agreement for Services (“Fourth Amendment”) is made and entered into as of February 22, 2023 (“Effective Date”), by and between the City of Gilroy, a California municipal corporation (“CITY”), and Alpine Landscapes (“CONTRACTOR”).
WHEREAS, CITY and CONTRACTOR are parties to that certain Agreement for Services, effective on March 1, 2018, hereinafter referred to as “Original Agreement”; and WHEREAS, CITY and CONTRACTOR have determined it is in their mutual interest to amend certain terms of the Original Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below and for other valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
1. Article TERM OF AGREEMENT of the Original Agreement shall be amended to read as follows:
“This Agreement will become effective on March 1, 2018 and will continue in effect through August 31, 2024 unless terminated in accordance with the provisions of Article 7 in 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.”
2. Exhibit D of the Original Agreement shall be amended by the addition of the following services to the Scope of Work:
• Trash & Debris Disposal
3. Article COMPENSATION (Consideration) of the Original Agreement shall be amended to read as follows:
Consideration
“In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit “D” (Payment Schedule”). In no event however shall the total annual compensation paid to CONTRACTOR exceed $333,633.”
3. This Amendment shall be effective on March 1, 2023.
4. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control.
5. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
DocuSign Envelope ID: EAF1721C-49E3-4B64-A754-D05890652ED0 8.2 p. 147 of 530
-2- 4845-8215-5540v1
MDOLINGER\04706083
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.
CITY OF GILROY ALPINE LANDSCAPES
By: By:
[signature] [signature]
Jimmy Forbis Ryan Dinsmore
[employee name] [name]
City Administrator President/Owner
[title/department] [title]
Date: Date:
Approved as to Form ATTEST:
City Attorney City Clerk
DocuSign Envelope ID: EAF1721C-49E3-4B64-A754-D05890652ED0 2/22/2023
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-1- 4845-8215-5540v1
MDOLINGER\04706083
THIRD AMENDMENT TO AGREEMENT FOR SERVICES WITH ALPINE LANDSCAPES
FOR COMMUNITY FACILITIES DISTRICT (CFD) LANDSCAPE MAINTENANCE
SERVICES
This Third Amendment to the Agreement for Services (“Third Amendment”) is made and entered into as of May 1, 2022 (“Effective Date”), by and between the City of Gilroy, a California municipal corporation (“CITY”), and Alpine Landscapes (“CONTRACTOR”).
WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Alpine Landscapes entered into that certain agreement entitled Agreement with Alpine Landscapes for Community Facilities District (CFD) Landscape Maintenance effective on March 1, 2018 hereinafter referred to as “Original Agreement”; and
WHEREAS, City and Alpine Landscapes have determined it is in their mutual interest to amend certain terms of the Original Agreement.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:
1. Exhibit D of the Original Agreement shall be amended by the addition of the following sites to the Scope of Work:
• Harvest Park II Cohansey Ave Median Only
• Cougar Court
2. Article COMPENSATION (Consideration) of the Original Agreement shall be amended to read as follows:
Consideration
“In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit “D” (Payment Schedule”). In no event however shall the total annual compensation paid to CONTRACTOR exceed $306,717.00.”
3. This Amendment shall be effective on May 1, 2022.
4. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control.
5. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.
DocuSign Envelope ID: 409678EA-078A-4E20-8390-97F1A958C3C1 8.2 p. 149 of 530
-2- 4845-8215-5540v1
MDOLINGER\04706083
CITY OF GILROY ALPINE LANDSCAPES
By: By:
[signature] [signature]
Jimmy Forbis Ryan Dinsmore
[employee name] [name]
City Administrator President/Owner
[title/department] [title]
Date: Date:
Approved as to Form ATTEST:
City Attorney City Clerk
DocuSign Envelope ID: 409678EA-078A-4E20-8390-97F1A958C3C1 6/8/2022
8.2 p. 150 of 530
DocuSign Envelope ID: CE9E3770-7B3B-4613-8D28-7B819AAE681D 8.2 p. 151 of 530
DocuSign Envelope ID: CE9E3770-7B3B-4613-8D28-7B819AAE681D 8.2 p. 152 of 530
FIRST AMENDMENT TO AGREEMENT FOR SERVICES WITH ALPINE LANDSCAPES
FOR ( CFD) LANDSCAPE MAINTENANCE SERVICES
This First Amendment to the Agreement for Services (" First Amendment") is made and entered into as of August 28, 2019 (" Effective Date"), by and between the City of Gilroy, a California municipal corporation (" CITY"), and Alpine Landscapes (" CONTRACTOR").
WHEREAS, CITY and CONTRACTOR are parties to that certain Agreement for Services, effective on January 4, 2018, hereinafter referred to as " Original Agreement"; and WHEREAS, CITY and CONTRACTOR have determined it is in their mutual interest to amend certain terms of the Original Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below and for other valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
1. Article COMPENSATION ( Consideration) of the Original Agreement shall be amended to read as follows:
Consideration
In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit " D" (" Payment Schedule"). In no event however shall the total annual compensation paid to CONTRACTOR exceed $262,477.00."
2. This Amendment shall be effective on August 28, 2019.
3. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control.
4. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.
CONTRACTOR:
Alpine Landsca e
By:
signature]
Ryan smore
employee name]
President/ Owner
title/department]
CITY:
CITY OF GILROY
By:
signature]
Gabriel A. Gonzalez
name]
City Administrator
title]
Date: 3 / s 2 l Date: ppQ Q
f A rdved as to Form:
4845- 8215- 5540v1
ATT
MDOLINGER104706083
City Clerk
Gilroy City Attorney' s Office
By, '
Citv Attornev
8.2 p.
153 of 530
AGREEMENT FOR SERVICES
For contracts over $ 5, 000 — NON - DESIGN, NON - ENGINEERING TYPE CONTRACTOR) This AGREEMENT made this 4 day of January, 2018, between:
CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California
and CONTRACTOR: Alpine Landscapes, having a principal place of business at 8595 Murray Ave., Gilroy, CA 95020.
TERM OF AGREEMENT
This Agreement will become effective on March 1, 2018 and will continue in effect through February 28, 2021 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. ' 7 Initial
INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONTRACTOR is an independent contractor and not an employee, agent, joint venture or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONTRACTOR or any employee or agent of CONTRACTOR. Both parties acknowledge that CONTRACTOR is not an employee for state or federal tax purposes.
CONTRACTOR shall not be entitled to any of the rights or benefits afforded to CITY' S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONTRACTOR shall retain the right to perform services for others during the term of this Agreement.
SERVICES TO BE PERFORMED BY CONTRACTOR
Specific Services
CONTRACTOR agrees to: Perform the services as outlined in Exhibit " A" ( " Specific Provisions ") and Exhibit " B" ( " Scope of Services "), within the time periods described in Exhibit " C" ( " Milestone Schedule ").
Method of Performing Services
CONTRACTOR shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONTRACTOR' S services.
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Employment of Assistants
CONTRACTOR may, at the CONTRACTOR' S own expense, employ such assistants as CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONTRACTOR' S assistants in the performance of those services. CONTRACTOR assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding.
Place of Work
CONTRACTOR shall perform the services required by this Agreement at any place or location and at such times as CONTRACTOR shall determine is necessary to properly and timely perform CONTRACTOR' S services.
COMPENSATION
Consideration
In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit " D" ( " Payment Schedule "). In no event however shall the total compensation paid to CONTRACTOR exceed $ 262, 480. 00.
Invoices
CONTRACTOR shall submit invoices for all services rendered.
Payment
Payment shall be due according to the payment schedule set forth in Exhibit " D ". No payment will be made unless CONTRACTOR has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses ( as provided for in Exhibit " A", Section M incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONTRACTOR of the objection within thirty ( 30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties.
Expenses
CONTRACTOR shall be responsible for all costs and expenses incident to the performance pf services for CITY, including but not limited to, all costs of equipment used or provided by CONTRACTOR, all fees, fines, licenses, bonds or taxes required of or imposed against CONTRACTOR and all other of CONTRACTOR' S costs of doing business. CITY shall not be
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responsible for any expenses incurred by CONTRACTOR in performing services for CITY, except for those expenses constituting " direct expenses" referenced on Exhibit " A."
OBLIGATIONS OF CONTRACTOR
Tools and Instrumentalities
CONTRACTOR shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase or rent any tools, equipment or services from CITY.
Workers' Compensation
CONTRACTOR agrees to provide workers' compensation insurance for CONTRACTOR' S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any injury, disability, or death of any of CONTRACTOR' S employees.
Indemnification of Liability, Duty to Defend
As to all liability, to the fullest extent permitted by law, CONTRACTOR shall defend, through counsel approved by CITY ( which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONTRACTOR or CONTRACTOR' S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.
Insurance
In addition to any other obligations under this Agreement, CONTRACTOR shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: ( a) Commercial Liability Insurance 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, including the loss of use thereof. As a condition precedent to CITY' S obligations under this Agreement, CONTRACTOR 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.
Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONTRACTOR under this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion.
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State and Federal Taxes
The CONTRACTOR is not a CITY' S employee; CONTRACTOR shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONTRACTOR acknowledges and agrees that:
CITY will not withhold FICA ( Social Security) from CONTRACTOR' S payments; CITY will not make state or federal unemployment insurance contributions on CONTRACTOR' S behalf;
CITY will not withhold state or federal income tax from payment to CONTRACTOR; CITY will not make disability insurance contributions on behalf of CONTRACTOR; CITY will not obtain workers' compensation insurance on behalf of CONTRACTOR.
Prevailing Wage
The CONTRACTOR agrees and acknowledges that it is its obligation to determine whether, and to what extent, the work performed under this Agreement is subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of the City and the laws of the State of California, the United States, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage laws. The CONTRACTOR shall ensure that all subcontractors are informed and are required to pay prevailing wages in compliance with the California Labor Code and the regulations thereunder. It shall be the duty ofthe CONTRACTOR to post a copy of applicable prevailing wages at the job site. Prevailing wage information may be obtained at www. dir.ca. gov.
OBLIGATIONS OF CITY
Cooperation of City
CITY agrees to respond to all reasonable requests of CONTRACTOR and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONTRACTOR' S duties under this Agreement.
Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONTRACTOR. Such assignment shall not release CONTRACTOR from any of CONTRACTOR' S duties or obligations under this Agreement.
TERMINATION OF AGREEMENT
Sale of CONTRACTOR' s Business/ Death of CONTRACTOR.
CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR' s business no later than thirty ( 30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty ( 30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to
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CONTRACTOR set forth in Exhibit A, Subsection V.H., no later than thirty ( 30) days after CITY' receipt of such notice of sale.
If CONTRACTOR is an individual, this Agreement shall be deemed automatically terminated upon death of CONTRACTOR.
Termination by City for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY' S option, may terminate this Agreement by giving written notification to CONTRACTOR. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following:
1. CONTRACTOR' S failure to professionally and /or timely perform any of the services contemplated by this Agreement.
2. CONTRACTOR' S breach of any of its representations, warranties or covenants contained in this Agreement.
CONTRACTOR shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONTRACTOR' S default in the performance of this Agreement or material breach by CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY may have, CONTRACTOR shall reimburse CITY, within ten ( 10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONTRACTOR for the performance of that task pursuant to this Agreement.
Termination for Failure to Make Agreed -Upon Payments
Should CITY fail to pay CONTRACTOR all or any part ofthe compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONTRACTOR, at the CONTRACTOR' S option, may terminate this Agreement if such default is not remedied by CITY within thirty ( 30) days after demand for such payment is given by CONTRACTOR to CITY.
Transition after Termination
Upon termination, CONTRACTOR shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONTRACTOR shall cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in connection with this Agreement. CONTRACTOR shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONTRACTOR' s duties by any new CONTRACTOR hired by the CITY to complete such services.
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GENERAL PROVISIONS
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.
Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONTRACTOR shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 (" the Act ") in its current form and as it may be amended from time to time. CONTRACTOR shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONTRACTOR shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONTRACTOR, its subcontractors, or the officers, employees, agents or representatives of either.
Attorneys' Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
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.
Compliance with Laws
The CONTRACTOR shall keep itself informed of all State and National laws and all municipal ordinances and regulations ofthe CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONTRACTOR agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor.
Conflict of Interest
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CONTRACTOR certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement.
Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONTRACTOR for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY.
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.
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 ofthree ( 3) days after mailing.
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.
Time of the Essence
All dates and times referred to in this Agreement are of the essence.
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CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver( s) of any other condition of performance under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONTRACTOR:
Alpine Landscape
By:
Name: R Dinsmore
Title: President /Owner
Social Security or Taxpayer
Identification Number 770295843
Approved as to Form
1-\<- A - - -
City Attorney
CITY:
CITY OF GILROY
By:
Name: Gabriel Gonzalez Os
Title: City Administrator
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EXHIBIT " A"
SPECIFIC PROVISIONS
PROJECT MANAGER
CONTRACTOR shall provide the services indicated on the attached Exhibit " B", Scope of Services ( " Services "). ( All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONTRACTOR agrees to assign Bill Headley, Parks Supervisor, who will act in the capacity ofProject Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONTRACTOR shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement.
NOTICE TO PROCEED /COMPLETION OF SERVICE
NOTICE TO PROCEED
CONTRACTOR shall commence the Services upon delivery to CONTRACTOR of a written Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication from designated City contact person( s). Notice to Proceed may be in the form of e -mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Bill Headley, Parks Supervisor shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONTRACTOR or if otherwise delivered as provided in the Section V.H. ( "Notices ") of this Exhibit "A ".
COMPLETION OF SERVICES
When CITY determines that CONTRACTOR has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONTRACTOR written Notice of Final Acceptance, and CONTRACTOR shall not incur any further costs hereunder. CONTRACTOR may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two ( 2) weeks of such request, or if CITY determines that CONTRACTOR has not completed all of such Services as required by this Agreement, CITY shall so inform CONTRACTOR within this two ( 2) week period.
PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached Exhibit " C ".
PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONTRACTOR as provided for in Article 4 of this Agreement. 4835- 2267 -03610
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Direct expenses are charges and fees not included in Exhibit " B ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY.
CONTRACTOR shall obtain written approval from CITY prior to incurring or billing of direct expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses.
OTHER PROVISIONS
STANDARD OF WORKMANSHIP
CONTRACTOR represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONTRACTOR' S representations . and warranties regarding its skills, qualifications and licenses. CONTRACTOR shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well - organized, technically and grammatically correct, and 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.
RESPONSIBILITY OF CONTRACTOR
CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the coordination ofthe Services furnished by it under this Agreement. CONTRACTOR shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY' S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR' S negligent performance of any ofthe services furnished under this Agreement.
RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records ( including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR shall maintain for a minimum period of three ( 3) years ( from the date of final payment to CONTRACTOR), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONTRACTOR, all of which shall be made available to CITY at the CITY' s offices within five ( 5) business days after CITY' s request. 4835- 2267- 0361v1
LAC104706083
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CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data ( including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONTRACTOR and all other written and oral information developed or received by or for CONTRACTOR and all other written and oral information submitted to CONTRACTOR in connection with the performance of this Agreement shall be held confidential by CONTRACTOR and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONTRACTOR which is otherwise known to CONTRACTOR or is or becomes generally known to the related industry ( other than that which becomes generally known as the result of CONTRACTOR' S disclosure thereof) shall be deemed confidential. CONTRACTOR shall not use CITY' S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY.
NO PLEDGING OF CITY' S CREDIT.
Under no circumstances shall CONTRACTOR have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY.
OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared ( or caused to be prepared) under this Agreement shall be the property of CITY, but CONTRACTOR may retain and use copies thereof subject to Section V.D of this Exhibit " A".
CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONTRACTOR shall not be responsible for, and City shall indemnify CONTRACTOR from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT.
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- 0361v1
LAC\ 04706083 _
3_
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NOTICES.
Notices are to be sent as follows:
CITY: Bill Headley, Parks Supervisor
City of Gilroy
7351 Rosanna. Street
Gilroy, CA 95020
CONTRACTOR: Ryan Dinsmore, President/ Owner
Alpine Landscapes
8595 Murray Avenue
Gilroy, CA 95020
FEDERAL FUNDING REQUIREMENTS.
Ifthe box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply.
Q Ifthe 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
CONTRACTOR shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations ( 49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs.
Cost Principles
Federal Acquisition Regulations in Title 48, CFR 3 1, shall be used to determine the allowable cost for individual items.
Covenant against Contingent Fees
The CONTRACTOR warrants that he/ she has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this Agreement, and that he /she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
4835 - 2267- 0361v1 _ 4_
LACW4706083
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vzylt i4%e4835 - 2267 -0361v1
LAC104706083 - 5-
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EXHIBIT " B"
SCOPE OF SERVICES
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LANDSCAPE STANDARDS AND SPECIFICATIONS
1. Landscape Maintenance Areas
Landscape maintenance areas shall consist of parks, landscaped City facilities, slope areas, medians, streetscapes, and trails, drainage channels, identified in the Contract Landscape Location Information Sheets. These areas shall include, but not limited to all turf, trees, shrubs, ground covers, planters, slopes, vines, sidewalks, paths, courts, courtyards, parking lots, roadways, medians, opens space areas, gutters, v- ditch, bike trails, street barriers, fence lines and irrigations systems.
2. Normal Hours and Days of Maintenance Services
a. Contractor shall perform the required maintenance service daily between the hours of 7: 00 a.m. and 6: 00 p.m., five days per week. No maintenance functions that generate excess noise, which would cause annoyance to residents of the area before 8am. b. The Contractor shall conduct the work at all times in a manner which will not interfere with normal recreation programs, special events, pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets. c. Any modification in the hours and days of maintenance services as stated in the Contractor' s Service Schedules/ Calendars are subject to approval by the City.
3. Personnel
a. Positive public relations are an important part of this contract service. Services provide under the CFD landscape service contact are a critical part of providing and maintaining these important public use facilities. Contract staff serves a vital role in delivering these public services. Contract staff must maintain both professional image and behavior whenever in contact with citizens. Contract staff shall be trained on how to handle public contact and provide the appropriate customer service. Contract staff must always maintain a neat and clean appearance and be easily identified by some type of company uniform. b. A background review and security clearance for all on -site contract employees is required.
Contractor shall provide all needed information to the City' s representative and make employees available for forger printing at a site to be determined. Contractor shall provide any background information needed for Department of Justice ( DOJ) and Department of Motor Vehicles ( DMV) drivers' record review. Further, a one -time drug testing or evidence of drug screening maybe required for background review. All cost for background checks will be paid by contractor.
c. The Contractor shall provide personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustments, and repair; in all types of components to include irrigation controllers, valves, moisture sensing devices, and sprinkler heads; and with all brands and models of irrigation equipment used within the City. d. The Contractor shall provide personnel knowledgeable of, and be proficient in, current water management concepts, with the capability of working with City staff in implementing more advanced water management strategies.
e. The Contractor shall provide personnel capable of verbal and written communication in professional level English. Site Supervisor and Irrigation Tech shall have cell phone with email access.
f. The City expects the Contractor' s staff to give to city representative( s) all items lost or
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misplaced by the general public, regardless of perceived value found on contract sites. The Contractor shall communicate this expectation to all employees. g. Contract employees shall carry an ID badge with their photo provided by the City Human Resources Department. Contract employees shall produce photo ID when requested. h. The City will provide mandatory BMP training for all contract landscape maintenance staff regarding storm water management and operational best practices. City will provide Spanish/ English translator.
i. A contractor' s representative shall attend City' s annual traffic safety class.
4. Service Changes
The City reserves the right to make additions, deletions, revisions and /or otherwise modify the General and Specific Landscape Maintenance Specifications or change the frequency of the services during the contract period. A Request for Quote will be issued for additional service work or one time contract work. A change order will be issued with a two -week notice. Any change in Specification that causes the contractor to suffer additional expenses shall be adjusted based on the fee schedule or negotiated upon written justification.
5. Vandalism and Repair of Damage
Contractor shall report any damage to City property, including but not limited to, vandalism, acts of God, and third party negligence, to the City representative.
If the Contractor, its employees or subcontractors cause damage to any City facility then the Contractor shall repair such damage at its own cost within a reasonable time or the City may repair or cause the repair of such damage and the cost thereof shall be deducted from monies due to the Contractor from the City.
6. Protection of Existing Sites and Structures
The Contractor shall exercise due care in protecting from damage all existing sites, structures and utilities both above surface and underground on the City' s property. Any damage to City property . deemed to be caused by the Contractor' s negligence or failure to use due care shall be corrected or paid for by the Contractor at no cost to the City.
If the City requests or directs the Contractor to perform work in a given area, Contractor shall verify and locate any underground utilities. This does not release the Contractor' s duty to take reasonable precautions when working in these areas. Any damage or problems shall be reported immediately to the City.
7. Service Frequency and Schedules
Inspect and service every site once per week as a contract standard.
The Contractor shall, within ten ( 10) working days after the effective date of the Contract, submit a work schedule to the City' s representative( s) for review and approval.
Said work schedule shall be based on a twelve -month calendar identifying and delineating the time frames for the required work by the day of the week, morning or afternoon.
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The Contractor shall submit revised schedules / calendars when actual performance differs substantially from planned performance. Said revisions shall be submitted to the City' s representative( s) for review and, if appropriate, approval, within five ( 5) working days prior to scheduled time for the work.
At the discretion of City staff, weekly inspection meetings will be held(or more frequently if deemed necessary by the City) between the Contractor and the city representative( s) are to be scheduled to determine progress, review weekly site inspections and address any changes in schedules, problem areas, etc.
Contractor shall notify the City, in writing, at least two ( 2) weeks prior to the date and time of all pre- approved " Specialty Functions." " Specialty Functions" are defined as:
a. Fertilization
b. Tree Trimming/ Management
c. Aerate —Turf
Performance during Inclement Weather
During the periods that rainfall hinders normal operations, the Contractor shall adjust its workforce to accomplish those activities that are not affected by weather. The prime factors in assigning work shall be the safety of the workforce, the public, and damage to landscaping. Leaf and down branch pickup and drain clearing are a high priority. Rainy days are not an excuse to pull workforce from city. Contractor shall continue landscape tasks that can be safely preformed in the rain. Such as sidewalk pruning, low limb removal, or items that city contractor inspector points out.
8. Extra Work/ Excluded Work
The following tasks shall be treated as extra work items:
a. Soil testing
b. Major tree trimming. Major tree trimming is defined as work that requires an aerial lift (bucket truck), tree climbing or work that cannot be done from the ground with a pole saw or pole chain saw.
c. Filling of holes in turf or shrub beds. ( filling minor holes is included in the Contractor' s work)
d. Major irrigation repairs such as controllers, mainline repairs, valve replacement, and irrigation wire repairs, pumps, and backflow devices.
e. Turf over seeding and top dressing will be handled by city staff. f. Debell Uvas Creek Park Preserve open space/ channel, Christmas Hill Park Hillside, and overflow parking area shall be done by city staff.
g. Doggie Bag Dispenser Maintenance and /or refilling with new bags. h. Recreation Program support including ball field prep i. Facility reservation support and customer response
j. General Park, playground and building repairs.
k. Electrical system maintenance and repairs
1. Raking and cleaning of playground surfaces such as sand and wood fiber shall be done by city staff. Concrete surfaces around playground areas are to be cleaned
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blown off) during the service schedule by contractor. Contractor will rake leaves, pick up garbage and debris during the scheduled service day in playgrounds.
9. Garbage, Litter and Debris Removal
a. Garbage, litter, and debris shall be removed as needed to prevent citizen complaint and prepare turf areas for mowing and general facility use. Trash containers shall be serviced and emptied when 1/ 3 full or when there is detectable odor. b. Service frequency shall be once per week as a minimum as per Attachment B.. c. Garbage can liners shall be supplied by the Contractor and be of a quality approved by the City representative. Garbage can liners shall be replaced when cans are emptied.
d. Litter and plant debris will be removed from landscaped, hardscape, and adjacent open space areas on a regular basis to achieve neat, clean, and attractive facilities.
Landscape debris will not be blown into streets and left unless collection of such debris has been previously approved and coordinated with city staff. e. Shopping carts and garage sale signs in and on the perimeter of contract sites shall be considered part of the garbage and litter removal service. Functioning shopping carts are to be placed in the corner of the employee parking lot at the City Corporation Yard. Non - working shopping carts are to be loaded into the metal bid in the City Corporation yard.
f. Disposal of garbage, litter, and debris shall be made at the City yard disposal areas and any available on -site trash dumpsters. Alternate yard waste disposal sites other than the City yard may become available and will be reported to the Contractor by the City representative. Contractor shall keep all garbage and debris inside bunker areas in city yard.
10. Landscape Maintenance ( Facilities, Parks, Trails,' Slope Areas, Parking Lots) A. GENERAL
1. All animal feces or other materials detrimental to human health shall be removed per the service schedule.
2. All broken glass and sharp objects shall be removed per the service schedule.
3. All areas shall be inspected per the service schedule and maintained in a neat, clean, and safe condition at all times.
4. All areas shall have leaves and debris removed per the service schedule.
5. All areas shall be inspected for vandalism, safety hazards, and serviceability per the service schedule. Deficiencies shall be reported in writing immediately email) to the City.
6. All sidewalks within the City areas shall be swept or cleaned, if necessary, to remove any glass or heavy debris.
7. All sidewalk areas abutting maintained areas shall be cleaned when dirtied by Contractor' s operations and at other times as required.
8. All leaves, paper, and debris shall be removed from landscaped areas and disposed of offsite.
9. Trash cans provided by City shall be emptied per the service schedule. Contractor shall provide plastic liners for all trash cans at Contractor' s expense, to be changed, not emptied, per the service schedule.
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10. All " V" drains shall be kept free of vegetation, debris, and algae to allow unrestricted water flow.
11. All other drainage facilities shall be cleaned of all vegetation and debris. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be reported to City.
B. HARD SURFACE AREAS
1. All areas shall be swept weekly to remove all deposits of silt and/ or sand. Any unsafe condition shall be removed upon discovery per the service schedule.
2. All areas shall be inspected per the service schedule and maintained in a neat, clean, and safe condition at all times.
C. BICYCLE/ WALKING TRAILS /ASPHALT WALKWAYS/ TRAILS
Special emphasis shall be placed on edging along these areas to prevent damage to asphalt by vegetation. Bicycle /walking trails shall be kept free of encroaching vegetation.
11. Plant Care
Tree, Shrub and Ground Cover Maintenance
The latest edition of the Sunset Western Garden Book shall be the general guidelines and reference tool for care and maintenance of all plant material.
A. Shrubs and Ground Covers
1. Pruning will be done in a manner to enhance the natural form ofthe plant and maintain the design intent for the landscape. However there are or can be landscaped areas with security concerns that will require different pruning for safety visibility. The City representative will notify Contractor of special pruning sites.
2. Typically, shrubs which are planted along walls and fences should be maintained in a manner which will allow the plant material to soften the hard structural feature.
3. Where the design intent is to have sweeps of shrubs, the plants shall be allowed to grow together.
4. In some areas, it may be more appropriate to remove some shrubs entirely and allow adjacent plant material to fill in rather than try to keep the plants in bounds with repeated pruning. The Cities representative will point which plants, if needed, are to be removed.
5. Keep shrubs and ground cover a minimum of 12" from buildings, walls, trees and shrubs.
Shrubs and ground cover shall not be allowed to encroach upon walks or curbs.
6. City will provide a species specific and site specific pruning guideline appendix ( in progress) for selected plants to the company awarded contract.
7. Examples of plant care we expect shown below.
a) Vines and overhead vegetation ( up to 18') on or over hanging walls boundary fences shall be trimmed from growing on private property, i.e. the back side of wall. This does not apply to existing vines have already grown over. If adjacent property owner requests ivy or vegetation trimmed from top of wall, contractor shall be required to remove it at no extra cost.
b) Hedge plants shall be allowed to grow together.
c) Rosemary and like ground covers to be cut back to 8 " - 12" in height. Except where
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rosemary is already overgrown.
d) Ornamental grasses are to be pruned back during the late winter months. e) Ground cover roses are be encouraged to grow together and are to be kept under 18 "- 24" in height.
f) Spring flowering perennials are to be cut back after flowering. Examples Lavender and daylilies.
g) A three foot radius of free space shall be maintained around all fire hydrants. Low ground ( under 6 ") cover is ok.
8. Allow plants to grow to their natural shape.
9. All shrubs and ground cover is to be trimmed not to interfere with irrigation operation or to encroach on to private property or Right -of -Way. Line of sight traffic safety issues as identified by City engineering Department will also determine proper height and appearance.
10. All dead, diseased and unsightly branches, vines or other growth shall be removed as they develop.
11. All shrubs are to be trimmed symmetrically in natural form and proportion, but not to interfere with vehicular and pedestrian clearance, visibility and access, unless otherwise directed by a City' s representative. Prune shrubs to encourage healthy growth habits, natural form and proportion, symmetrical appearance and proper vertical and horizontal clearance. Line of sight traffic safety issues as identified by City Contract Inspector will also determine proper height and appearance
B. Trimming and Care of trees includes:
LQualified Professional personnel shall perform all pruning. Only recognized and approved methods, techniques and standards shall be used. Trees pruned improperly or damaged will be replaced by Contractor with plants of the same appropriate size as determined by the City inspector.
2. All tree pruning shall conform to the Best Management Practices for Trees published by the International society of Arboriculture and adhere to the most recent edition of the American National Standards for Maintenance Tree Care Operations (ANSI A330)
3. Contractor shall raise trees as needed or directed by city staff and /or designated representative.
4. Pruning of trees shall be done for the following conditions:
a. To maintain clearance for pedestrians ( 8 feet), road ways for vehicles ( 15 feet), or from facilities ( 5 feet).
b. Property line/boundary pruning for both balance and good neighbor pruning for sound walls, parks, and pump stations areas
c. To provide visibility site lines of pedestrians and motorists. d. To maintain walkways and maintenance bands free from obstruction and / or safety issues.
e. To improved or enhance tree growth.
f. To eliminate or reduce potentially unsafe conditions. g. To correct shape, particularly for wind disfigurements.
5. Remove no more than 20% of live foliage within the trees during one pruning operation.
6. All cuts shall be thinning cuts as opposed to heading cuts. This means leaving a lateral branch no less than 1/ 3 the diameter of the parent branch, or completely removing the branch at its point of origin.
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7. All cuts shall be distal to the branch bark ridge or, if present the branch collar. The cuts shall be close to but shall not injure the branch collar.
8. Interior branches shall not be stripped out. Liontailing is not permitted.
9. Contractor shall prune young trees under 18 foot in height to develop permanent scaffold branches, remove crossing branches, remove diseased or damaged growth, or eliminate narrow branch crotches.
10. Major tree trimming is not included. Major tree trimming is defined as work that requires an aerial lift (bucket truck), tree climbing or work that cannot be done from the ground with a pole saw or pole chain saw.
11. Trees shall be inspected regularly for hazardous conditions. Corrective action shall be promptly performed by the contractor and the city notified.
12. Contractor to coordinate with city staff on large pruning projects so city can chip branches. A notification often working days is required in non - emergency conditions.
13. Periodic re- staking and tying shall be done as needed. Plant ties shall be checked frequently and adjusted to prevent girdling. Trees shall not rub against stakes at any time. When trees no longer require the support of stakes, contact the city for authorization to remove stakes and ties.
14. Maybe young trees which are leaning due to under developed truck caliper ought to be staked at the direction of the city.
15. Fallen trees or branches shall be promptly removed. Promptly notify the City for large trees down.
12. Landscaped Roadways, Roundabouts, and Medians
1. The scope of work for medians not only includes the landscaped areas but also those areas of the median that are attached or directly adjacent to cobble /concrete hardscape per its design. ( Noses and turn lanes are examples of this condition).
2. Plant material shall not be allowed to obstruct any site line of vehicular traffic, and shall be kept below 36" in height from the road surface in any areas where traffic site lines may be impacted. City Traffic Engineer and Landscape Inspector may provide direction as requested for proper maintenance.
3. Irrigation shall be adjusted and inspected as often as needed to insure no unsafe condition is created by irrigation run -off onto road surface or over spray onto vehicles.
4. All maintenance personnel shall wear class 3 safety vests while working on medians, and at no time shall work be performed in the roadway without City approved Traffic Control Plan and all required traffic control signage in place.
5. Contractor is responsible for insuring that all median maintenance is performed in a safe manner and that no hazard is created by such operation.
6. When closing a traffic lane for landscape maintenance work, an electronic sign board arrow) shall be used in high speed and /or high traffic areas ( i.e. Santa Teresa). Work shall only be performed on the closed lane side.
7. Cones are to. be bright orange. Old and faded cones shall be replaced.
8. Notify city staff when high speed or high traffic areas are to be serviced via email.
9. If the work to be performed and will take less time to complete then the time it takes to set up traffic control, then no traffic control is necessary. An example would be weed spraying, litter control, or irrigation maintenance.
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13. Turf Care
A. Turf Mowing
1. The contractor shall not mow, or use any equipment of turf areas when frost is present or ifthe turf is saturated or standing water is present. Mowing should not begin until turf area is free of litter and trash.
2. Mowing shall be accomplished with rotary mulching mowers. Blades shall be kept sharp to produce a clean cut. Mowers shall be kept clean and free of fuel, oil, hydraulic fluid, and grease leaks.
3. Mowing equipment shall be washed between sites to minimize the spread of weed seeds.
4. Mowing patterns shall be alternated to avoid creating ruts and compaction.
5. Use caution when mowing berms or uneven areas to avoid scalping turf. Rodent dirt mounds need to be knocked down, spread, or removed so as reduce turf loss until rodent activity is abated.
6. Mowing shall typically be performed as needed from December through March and at least weekly from April through November. This is a guide only and will vary based on weather. Mowing shall be frequent enough so that no more than 1/ 3 of the leaf is removed at each mowing. During active growing season, mowing may need to be done twice weekly on play fields. Mowing height shall be 3 1/ 2 " unless otherwise directed by city staff.
7. All clippings shall be efficiently mulched to leave no visible trace or picked and removed only when necessary and removed to a designated dumping site. At no time shall unsightly clippings be left before vacating site following mowing operation.
8. Contractor shall have a spare mower of comparable size available within 24 hours of a mower breaking down.
9. Keep grass clippings away from waterways and out ofthe street.
B. Turf Aeration
1. All turf (not including the no -mow) areas shall be core aerated in September /October.
Cores should be reincorporated into the turf. Core size should be '/ 2" diameter.
Alternative methods ofrelieving compaction may be authorized by City.
2. Prior to any cultivation activity, all irrigation heads, valves, and utility boxes shall be flagged. The soil shall be allowed to dry prior to cultivation.
C. Edging
1. When turf abuts concrete walk ways or concrete mow band, turf shall be edged with a metal blade edger. If a spin trimmer is required to edge around utility boxes, or wooden header boards, it shall be held so that the cut is vertical. A bevel cut will not be used. After mowing or edging hardscape ( walks /drives /patios /streets) shall be swept or blown clean. Debris will not be left in street gutters or and removed. before vacating site.
2. Tree wells are to be maintained with a neat turf edge and wells shall be kept weed free.
3. Chemical edging shall not be used anywhere.
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D. Turf Fertilization
1. Fertilization schedule for all turf shall be:
a. March/April 44- 0- 0 Polyplus SL
b. Late August, early September 16 -8 -8
c. November 44 -0 -0 65% Polyplus SL Urea
2. Fertilizer use shall be reported with pesticide use.
E. Turf Pest control
1. Weeds - All turf grass in the CFD areas are relatively new with very few broadleaf weeds. At this time it is best to manually remove broadleaf weeds or spot spray.
14. Pest Control
1. Weed Control Plan- Develop an annual weed control plan that your company feels would produce a cost effective approach that provides high quality results for turf, shrubs and ground cover, annual flowers, bike /walking trails, open space edges/ post and cable /fence lines, and hardscape ( cracks and crevices) including sidewalk, curb and gutter frontages. Control weeds with pre- emergent herbicides and selective systematic herbicides or through mechanical means, i.e. mowing, hoeing and weed whipping. No pesticides, herbicides, or other chemicals may be used in or around Low Impact Development Structural Control Measures such as Bio- retention ponds, bioswales, or infiltration ponds of any kind.
2. Written Pest Control Recommendations - A written pest control recommendation from a licensed pest control advisor will be required for all pesticide applications. The contractor shall provide copies of all recommendations to the City at least _ 5_ working days prior to application. Recommendation shall take into consideration drainage to water ways ( Uvas Creek), drain inlets, and adjacent schools.
Recommendation shall evaluate pesticides used and application activities performed and identify pollution prevention and source control opportunities.
3. Prohibit application of pesticides, herbicides and fertilizers as required by the regulations DPR 11 - 004 Prevention of Surface Water Contamination by Pesticides enacted by the Department o fPesticide Regulation.
4. No spraying shall be within 48 hours of predicted rainfall with greater than 50% probability as predicted by National Oceanic and Atmospheric Administration NOAA).
5. Collect and properly dispose of unused pesticides, herbicides and fertilizers containers.
6. Do not spray weeds in playground areas. Weeds are to be removed manually.
7. Reoccurring unwanted plants ( i.e. berry bushes, poison oak) are to be sprayed to kill plant roots or removed by digging up root system.
S. Trees in turf - maintain a minimum 3 ft. radius weed free. 6 Product Use Summery - Prior to the 15th of the month, the contractor shall provide to the city a summary of pesticides used the prior month. Provide the product EPA registration number and the amount of product used.
7 Posting — post all entry areas with spray notices when broadcast spraying public use areas and verbally notify public visitors when spot spraying when in the area. Remove
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facility spray notices when spraying is complete unless product label provides for different posting requirements.
8 Spray marker — the routine use of spray marker dyes is discouraged. Contact the City if such use is desired
9 Weed control can be done with chemicals or with mechanical means ( i.e. hoeing or mowing), or other cultural practices. The Contractor shall take vigorous responsibility for controlling weeds growing in cracks, or expansion joints, along fences /sound walls and areas contiguous to all active the City landscape areas ( including sidewalks, curbs, and gutters). This includes all landscaped medians that are attached or directly adjacent landscaped roadway areas.
10 Moluskacides should be iron phosphate based or other City approved control 11 Pest Control Licensing — The contractor shall have a qualified person who holds the appropriated California Department of Pesticide Regulations licensing oversee all pesticide applications. Ifrestricted materials are used, the applicator must be licensed. 12 Trails — keep trail shoulders free of weeds 24" from any trail hardscape edges. Post sign when spraying along trails.
13 Minimal insect control is practiced and is to be handled on a case -by -case basis and will be charged as an extra.
14 Minimal disease control is practiced and is to be handled on a case -by -case basis and will be charged as an extra.
15 Rodent Control
a.All mounds, burrows, or other minor damage shall be discovered in a timely manner and repaired by Contractor. Rodent problems should be identified and reported to the City in their early stages as part of weekly inspections before causing critical damage to areas. Lack of early discovery will be considered negligence on the part of the Contractor. Depending on the scope of the problem, rodent control in the form of baiting or trapping will be recommended and scheduled work.
b. Gopher control
i. The contractor shall obtain a written pest control recommendation from a licensed Pest Control Advisor for baiting for gopher control. All bait shall be placed below ground in the burrow system. Any spilled bait shall be promptly picked up. Any dead gophers found on the surface shall be collected and properly disposed of.
ii. If trapping is to be used all State Regulation must be followed. If trapping is to be used, contractor shall notify and get City' s approval on sites and locations. Dead gophers must be disposed of properly.
iii. The contractor shall comply with all other provisions of pesticide requirements.
iv. The contractor shall promptly remove or disperse any soil mounds discovered on the turf.
V. Contractor to give city a per- treatment per site price. A total of 10 site visits will be included in price, but charged as work as needed. So if no rodent control is needed the City will not be charged.
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vi. No chemical control of rodents in Low Impact Development Structural Control Measures such as Bio- retention ponds, bio- swales, or infiltration ponds of any kind.
c. Ground Squirrel control shall be handled on a case by case basis and coordinated with City representative. Ground squirrel will be treated as an additional cost and is not included in this contract.
15. Irrigation
a. Contractor and its employees shall bi- weekly ( every two weeks) inspect and test all irrigation systems for system operability; component malfunctions, and adjusts schedules to address weather changes and irrigation requirements. Any signs ' of irrigation malfunctions will be immediately addressed and system checks will become as frequent as necessary to insure problems are fully resolved without any further damage. These inspections may also become more frequent in certain areas that are under observation due to chronic malfunctions or vandalism. Between November 1 and March 1 if systems are turned off because of weather conditions, monthly inspections will be acceptable to insure that there has been no damage to the systems.
b. After Value -The contractor shall be responsible for all labor for the irrigation repairs after the valve including the solenoid, rebuilding of the valve, lateral lines, and sprinkler heads, and including adjustment to sprinklers. Contractor to bill the City for all irrigation material costs plus a fifteen (15) percent markup.
c. Before Valve: Replacement of remote control valves, rebuilding or replacement of quick couplers, flow control valves, master valves, backflows and mainline repairs are not included and shall be billed to the city at an hourly rate basis or on a bid basis. The city' s representative will ok work to be done on case by case basis. All irrigation materials used will be charged to city at cost plus a fifteen ( 15) markup. d. An irrigation audit shall be done during the winter months listing all work extra work that should be done to improve system efficiency, i.e. raised heads, upgrading of nozzles and deliver to the city representative by the end of February. e. Under no circumstances can a system go unchecked long enough to cause any problems with startup when weather conditions warrant systems to be fully operational. Contractor shall set and program automatic controllers for seasonal watering requirements. A sign in sheet shall be placed inside each irrigation controller box that designates by date and signature each time the system is inspected or adjusted for non - central station controllers. f. All replacement materials are to be with new original types and models materials, unless a substitute is approved by City representative.
g. Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation systems.
h. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment shall be made for repairs on equipment covered by warranty. i. Notify the owner in writing of any conditions that are discovered which may prevent the system from delivering the correct amount ofmoisture.
j. Adjust risers and sprinkler locations to compensate maturing landscape. This work will be done at an additional cost. The Irrigation Technician shall notify city staff of needed work.
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k. Reflect actual evapotranspiration ( E.T) requirements and requirements of soil and plants when programing controllers.
1. Eliminate runoff onto streets, sidewalks, and other non - target areas by using a Cycle /Soak programs.
m. Provide sufficient time for soil to dry out between irrigations when programing controllers.
n. Maximize public use of City property when programing controllers. o. Repairs of any irrigation components or property damaged by Contractor or as a result of negligence, error or omission by Contractor shall be the full responsibility of the Contractor.
p. Remote control valves -Many RCV are used in the city. Along the 3rd street corridor Rainbird PESB- NP -NAN series are used. The contractor should be familiar with all types of modern remote control valves.
q. Quick coupler valves
The standard quick coupler valve is the single slot Rain Bird 44 or Buckner QB44RCIO on potable water sites. On recycled water sites along the 3rd Street Corridor a 1" Acme thread valves are used. It is the City' s responsibility to repair quick couplers. r. Master Valves - Master valves used are normally open Superior 3300. Del Rey Park and the Ranch Site use Griswold normally open 2160 valves. Rainbow Park and Leavesly at Arroyo Circle use normally closed valves. It is the City' s responsibility to repair master valves and Flow Control Valves.
s. Fixed Spray heads
1. The standard pop -up fixed spray head is the Rain Bird 1800 series SAM -PRS.
Twelve inch pop -up is typically used in ground cover, shrub, and bedding plant areas. Four inch and six inch has been used in turf. If it is necessary to replace a four inch body in a turf area, it should be upgraded to a six -inch pop -up.
2. All heads used on recycled water lines must be equipped with purple caps. t. Rotor Sprinklers -A variety of rotor heads are used in the city systems. The Contractor should be familiar with all types of rotor sprinklers. These CFD sites use mainly MP Rotators.
u. Drip - Inline drip, on -line drip and Multi Outlet drip is used along the 3rd Street Corridor and at Mesa Soundwall. The Contractor should be familiar with all types of drip systems. v. Flow Sensors -Data Industrial ( Badger) flow sensors are used at many sites. Flow Sensors are the City' s responsibility to repair.
w. Pumps -No pumps are used on these sites.
x. Controllers and Programming
1. All CFD site use the Rain Master Evolution. Most of the on -line controllers are linked to flow meters and master valves and will shut down the system if high or unscheduled flows are detected. Low flow and electrical faults are also detected by the central system. The central controller is linked to an on -site weather station and that data is used to adjust station run times and shut down during unfavorable weather events. The landscape contractor is expected to communicate with city staff regarding site irrigation needs. The city will service irrigation controllers.
2. City staff will program controllers which are on -line with the central system.
Irrigation programming will be coordinated around facility use.
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3. The general guide for irrigation is to water deeply but infrequently. The soil surface should be allowed to dry between irrigations. Typically three irrigations per week is sufficient for turf. Irrigation schedules must take into account public use of the facility and hydraulic capacity of the systems. Irrigation programming will be coordinated with the city.
4. Upon completion of work, verify that all cabinets are properly locked before leaving the area. Due to the potential damage to systems from leaving a cabinet unlocked, this type of infraction will be considered a serious act of negligence by the contractor.
5. When site irrigation is checked or serviced the Irrigation Tech shall sign and fill out Controller Maintenance sheet provided in each controller. y. Recycled Water:
Sites along 3rd street are irrigated with recycled water. This is disinfected tertiary treated waste water which is provided by the South County Regional Wastewater Authority.
All irrigation heads and pipe shall be color coded purple or otherwise labeled. Only Acme threaded quick couplers shall be used on recycled water systems. Employees working on sites with recycled water shall be trained on the precautions to use. The contractor foreman or supervisor is encourage to attend the annual supervisors training conducted by the South County Regional Wastewater Authority. Contact the city for additional information on this.
16. Care for Storm Water elements -Low Impact Development Structural Control Measures ( LID SCMs)
Bioswale Features work includes:
Water must flow downstream to inlet. Confirm there is no evidence of long -term ponding which causes dying plants and /or bare spots at the bottom of the swale.
Fix any flow paths that develop.
Remove all trash and debris on service days.
Fix rodent holes and erosion with proper materials per design specs.
Manually remove all weeds.
Trim over -grown plants that are blocking the inlets or outlets, or if they are growing into the public right -of -way.
No pesticides, herbicides, or other chemicals may be used in or around the swales.
Remove sediment buildup at the bottom of the swale. Sediment buildup of over 1 cubic yard shall be removed by the City.
Fix ponding by replacing soil per design specs. This shall be done by the City or contractor shall be contracted to make repairs.
Replace dying or dead vegetation, as needed. Plant replacement is not included in this contract. Contractor shall notify the City of dying or dead vegetation. City will contract with contractor to replace plants.
Adjust irrigation schedule, if needed, for healthy plants.
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Report and fix odors. Ifthere is an order problem contractor shall notify the City.
Contractor will work with the City rectify problem.
Report and fix any pedestrian paths that develop. Contractor shall notify the City to the presence of any pedestrian paths that develop. Contractor shall work with the contractor to rectify the problem.
Control Rodents in Bioretention features by non - chemical means.
Bioretention Features
Report and fix any pedestrian paths that develop. Contractor shall notify the City to the presence of any pedestrian paths that develop. Contractor shall work with the contractor to rectify the problem.
Remove all trash and debris on service schedule.
Fix rodent holes and erosion with proper materials per design specs.
Manually remove all weeds.
Trim over -grown plants that are blocking the inlets or outlets, or if they are growing into the public right -of -way.
No pesticides, herbicides, or other chemicals may be used in or around the Bioretention features.
Remove sediment buildup at the bottom of the Bioretention feature. Sediment buildup of over 1 cubic yard shall be removed by the City.
Replace dying or dead vegetation, as needed. Plant replacement is not included in this contract. Contractor shall notify the City of dying or dead vegetation. City will contract with contractor to replace plants.
Adjust irrigation schedule, ifneeded, for healthy plants.
Report and fix odors. Ifthere is an order problem contractor shall notify the City.
Contractor will work with the City rectify problem.
Report and fix any pedestrian paths that develop. Contractor shall notify the City to the presence of any pedestrian paths that develop. Contractor shall work with the contractor to rectify the problem.
Control Rodents in Bioretention features by non - chemical means.
Keys, Deficiency, Severance, and Termination
Locks and Keys
The Contractor shall be responsible for the series of keys assigned to it and shall assign these keys to its personnel for use in maintaining the facilities. The Contractor shall properly use and keep safe all keys or locks issued or used by the City to the Contractor.
The contractor shall report all lost or stolen keys or locks to the City representative( s) within twenty -four (24) hours after discovery of the loss. The Contractor shall reimburse the City for the total cost, as determined by the City, of replacing the lock, re- keying the site or duplicating additional keys.
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Upon termination or cancellation of the Contract, the Contractor shall immediately return all keys, cards, remote controls, etc., to the City. The Contractor shall reimburse the City for the total cost, as determined by the City, for the total cost of keys not returned.
Deficiency Notice Procedures
a. Deficiencies will be recorded and presented to the contractor via e -mail, fax or U. S.
Mail. The Contractor shall respond within 24 hours with a plan to remedy and to prevent future occurrence, Contractor will be responsible for providing follow up documentation. Contractor supervision is responsible for re- inspection of problem areas before notifying the City the problem has been resolved. b. Contractor' s management team must be available for face -to -face meetings called by the City within 48 hours of notification.
c. Failure to resolve the problem will result in a written vendor " Non- Compliance " report seeking a written response from the contract management outlining a permanent resolution to the problem. Patterns of complaints, which may indicate the contractor' s failure to adequately staff, train and supervise, shall cause a face to face meeting with the highest level of the contractor' s management deemed necessary by the City in order to clarify the contractor' s obligations and produce a written work plan and time frame for remedying the deficiencies.
d. Failure to resolve a written " Non- Compliance contract services notice" will result in one or all of the following:
i. Payment deductions to the Contractor for services not performed per contract where City had no or reduced service.
ii. Termination of selected contracted service area/ s because of contractor' s continued failure to perform in the designated areas.
iii. Total contract termination for failure to perform after repeated " Notices of Non - Compliance have been issued.
iv. Contract works that the contractor failed to preform and City staff was compelled to perform and must fill in for, will be back charged ( labor and equipment) to contractor. ( Example: contractor fails to mow turf as scheduled.
City may to do work and back charge contractor.)
Right of Severance and Termination
1. Remove worker: The City shall. have the right to request removal of any specific Contractor worker from City contract properties for the following:
a. The City reserves the right to request removal of any specific Contractor worker if the worker is deemed by City to be incompetent or negligent based on worker' s inability to execute required project tasks. b. For failure to adhere to the City' s standards
c. For worker misconduct.
2. Terminate contract: City reserves the right to terminate this contract with Contractor upon 10 days advance written notice should Contractor fail to meet obligations ofthe contract as noted under Deficiency Notice Procedures ( d. iii above).
Such failures include, but are not be limited to:
a. Consistent failure to respond to requests for service or to remedy contract deficiencies,
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b. Consistent failure to provide qualified, trained workers and supervisors, c. Contractor failure to keep City informed.
3. Back charge — City will bill Contractor for work not performed where city staff had fill in.
One Site Safety
Maintenance and Operation of Equipment and Vehicles
The Contractor shall take necessary precautions for the safe operation of equipment and the protection of the public from injury and damage from such equipment and vehicles. Contractor shall repair or replace, immediately, all equipment deemed by City to be unsafe, irreparable or in unsatisfactory condition. All vehicles shall have the contractor' s name visible to the public.
Contactor shall operate equipment and vehicles so as to minimize service vehicles driving off pathways and hardscape onto turf and planters with irrigation and plants and prevent damage.
Contractor shall use street frontages and parking areas rather than pathways and sidewalks when possible operating vehicles in contract sites.
String Trimmers
Contractor shall train staff and operate all string trimmers in a safe manner. Training shall include proper techniques in avoiding flying debris and protecting staff, pedestrians and vehicles from harm. Care shall be exercised with regard to the use of string trimmers to prevent damage to building surfaces, walls, header board, light fixtures, signage, etc. String trimmers shall not be used around trees. A 2 to 3 foot soil buffer zone shall be maintained around the circumference at the base of all trees, unless otherwise directed by City. Any trees damaged by string trimmer or mower shall be replaced at no additional cost to the City.
Reference Materials
The following documents will be used to judge best and proper landscape practices and procedures unless otherwise specified or instructed.
All specifications for materials to be used and construction guidelines will be based on City of Gilroy Construction Standards unless otherwise noted and/ or approved.
Latest edition Sunset New Western Garden Book
Standard practices ofthe International Society of Arboriculture Cal -OSHA Requirements
The contractor shall comply with all provisions of the California Occupational Health and Safety Act., taking all precautions in the performance of the service to prevent injury to persons and property.
Accident Reporting
The Contractor shall immediately notify the designated City representative( s) of any accident, regardless of whether or not injury or damage is evident, involving the public and the Contractor' s staff, vehicles, and /or equipment. The Contractor shall provide all written reports and /or documentation requested by the City.
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Management and Supervision
The Contractor shall provide fully trained and qualified personnel: The staff activity will be closely monitored by City representative( s) at each site to detect operational irregularities and non - compliance with the Contract.
It is the responsibility of Contractor' s executive, management, and supervisory staff to oversee the activities of its staff, throughout the range of its activities at all contract sites.
The City will not supervise the contractor' s supervisors or employees.
All Supervisors must be qualified, proficient in English, trained and capable of providing adequate supervision and direction of all staff and must demonstrate verbal and written communication skills sufficient for the work required herein.
The Contractor' s crew leader and operational staff, as well as their supervisory and management staff, shall be knowledgeable in this Contract and its time lines. An outline of the task requirements, schedule, and time lines for each site shall be kept with each crew. If any task cannot be thoroughly completed within the Contract schedule time line, the City' s representative shall be notified promptly in the prescribe manner established at contract startup.
Contractor shall be expected to take reasonable care to identify and report conditions /situations /occurrences which may be harmful or result in decline of plant material or landscape or interfere with public use. If this care is not exercised then repair of resultant damage to landscape or plant material shall be the responsibility of contractor.
Contractor to incur all costs to assess, repair or replace any physical property damaged as a result of contractor' s negligence or failure to take reasonable care to identify and report potential problems with the landscape.
Contractor shall inspect and identify any condition(s) that renders any portion of a site unsafe, as well as any unsafe practices occurring thereon, and shall immediately notify the City representative( s) of any unsafe or undesirable condition( s). Contactor shall take emergency safety actions to protect worker and or the public from a developing or observed hazardous conditions. Safety action taken by the contractor not related to normal contraction services shall be appropriately compensated by the City when justified in writing and include any public safety call for service report number.
The Contractor shall make minor corrections including, but not limited to, filing minor holes in turf and activity areas, using barricades or traffic cones to alert the public to the existence of hazards, replacing Contractor - damaged valve box covers, and securing any damaged apparatus so as to protect members ofthe public or others from injury.
If needed, the Contractor shall assist the public by summoning emergency assistance while at the site. The Contractor shall cooperate fully with City in the investigation of any injury or death occurring at any site, including a complete written report.
During all operations, the Contractor shall comply with local ordinances regarding noise levels.
Any scheduling of the Contractor' s operations may be modified by City at no additional compensation to Contractor in order to ensure that the public is not unduly impacted by the noise of equipment or operations.
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EXHIBIT " C"
MILESTONE SCHEDULE
Service Frequency and Schedules
Inspect and service every site once per week as a contract standard.
The Contractor shall, within ten ( 10) working days after the effective date of the Contract, submit a work schedule to the City' s representative( s) for review and approval.
Said work schedule shall be based on a twelve -month calendar identifying and delineating the time frames for the required work by the day of the week, morning or afternoon.
The Contractor shall submit revised schedules / calendars when actual performance differs substantially from planned performance. Said revisions shall be submitted to the City' s representative( s) for review and, if appropriate, approval, within five ( 5) working days prior to scheduled time for the work.
At the discretion of City staff, weekly inspection meetings will be held( or more frequently if deemed necessary by the City) between the Contractor and the city representative( s) are to be scheduled to determine progress, review weekly site inspections and address any changes in schedules, problem areas, etc.
Contractor shall notify the City, in writing, at least two ( 2) weeks prior to the date and time of all pre- approved " Specialty Functions." " Specialty Functions" are defined as:
a. Fertilization
b. Tree Trimming/ Management
c. Aerate —Turf
Performance during Inclement Weather
During the periods that rainfall hinders normal operations, the Contractor shall adjust its workforce to accomplish those activities that are not affected by weather. The prime factors in assigning work. shall be the safety of the workforce, the public, and damage to landscaping. Leaf and down branch pickup and drain clearing are a high priority. Rainy days are not an excuse to pull workforce from city. Contractor shall continue landscape tasks that can be safely preformed in the rain. Such as sidewalk pruning, low limb removal, or items that city contractor inspector points out.
Sites and On -Call services are also itemed under Exhibit " D" ( payinent / fee schedule).
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