February 24, 2025 | 6:00 PM Page 1 of 6 City Council Regular Meeting Agenda
CITY COUNCIL
REGULAR MEETING
AGENDA
CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET, GILROY, CA
95020
MONDAY, FEBRUARY 24, 2025
6:00 PM (APPROXIMATE)
MAYOR
Greg Bozzo
COUNCIL MEMBERS
Dion Bracco
Tom Cline
Terence Fugazzi
Zach Hilton
Carol Marques
Kelly Ramirez
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 PUBLIC COMMENTS ON AGENDA ITEMS ARE TAKEN BEFORE THE CITY COUNCIL TAKES ACTION. Please keep your comments to 3 minutes. Time restrictions may vary based on the Mayor's discretion.
Send written comments on any agenda item to [email protected] or City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by 1 p.m. on the meeting day will be distributed to the City Council before the meeting. Comments are also available at bit.ly/3NuS1IN.
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 dispute any planning or land use decision from this meeting in court, you may only raise issues you or someone else presented at this meeting's public hearing or in written letters to the City Council before the hearing.
Be aware that the time to seek a judicial review of any final decision made at this meeting is defined by Section 1094.6 of the California Code of Civil Procedure.
During this meeting, a Closed Session may be called under Government Code Section 54956.9 (d)(2). This will happen if, in the City's legislative body's opinion (based on current facts, circumstances, and legal advice), there's a significant risk of a lawsuit against the City.
Additional materials submitted after agenda distribution are available on www.cityofgilroy.org as soon as possible.
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.
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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 translation assistance, contact the City Clerk 72 hours before the meeting at 408-846-0204 or [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 meeting is outlined as follows:
1. OPENING
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. CLOSED SESSION
2.1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.
Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) and Paragraph (3) of Subdivision (e) of Government Code Section 54956.9 and Gilroy City Code Section 17A.11 (3) (b), based upon receipt of a written communication from Shenkman & Hughes, PC (available for inspection upon request at the office of the City Clerk). One case as defendant.
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3. 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(b); Public Report of the vote to continue in closed session if required under GCC Section 17A.11(5).
4. CEREMONIAL ITEMS - Proclamations and Awards
4.1. A Proclamation Declaring the Month of March 2025 as American Red Cross Month
4.2. A Proclamation Declaring the Month of March 2025 as Youth Arts Month
5. COUNCIL CORRESPONDENCE (Informational Only)
5.1. Civic Center Master Plan Public Workshops Flyer
6. PRESENTATIONS TO THE COUNCIL
6.1. Annual Presentation from the City Historian, Toby Echelberry
6.2. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE
CITY COUNCIL
This part of the meeting allows public address on non-agenda topics within the Council's jurisdiction. To speak, complete a Speaker's Card from the entrances and give it to the City Clerk. Speaking time ranges from 1-3 minutes based on the Mayor's discretion. Extended discussions or actions on non-agenda items are restricted by law. For Council action, the topic may be listed on a future agenda.
Email written comments on non-agenda topics
to [email protected] or mail them to City Hall, 7351 Rosanna Street, Gilroy, CA 95020, by 1:00 p.m. on the meeting day. These comments, available at City Hall, will be shared with the Council and included in the meeting record. Late submissions will be shared as soon as possible. A 10-page limit applies to hard-copy materials, but electronic submissions are unlimited.
7. REPORTS OF COUNCIL MEMBERS
Council Member Bracco – Downtown Committee, Santa Clara County Library Joint Powers Authority, Santa Clara Water Commission, Santa Clara Valley Water Joint Water Resources Committee, SCRWA
Council Member Fugazzi – Santa Clara Water Commission (alternate), Silicon Valley Regional Interoperability Authority Board (alternate), SCRWA, Visit Gilroy California Welcome Center, VTA Mobility Partnership Committee
Council Member Marques – ABAG, Downtown Committee, Santa Clara County Library Joint Powers Authority (alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, SCRWA (alternate) February 24, 2025 | 6:00 PM Page 4 of 6 City Council Regular Meeting Agenda
Council Member Hilton – CalTrain Policy Group, Santa Clara County Expressway Plan 2040 Advisory Board (alternate), Silicon Valley Clean Energy Authority JPA Board, South County Youth Task Force Policy Team (alternate), VTA Policy Advisory Committee Council Member Ramirez – ABAG (alternate), Gilroy Gardens Board of Directors (alternate), Gilroy Sister Cities, Gilroy Youth Task Force (alternate), SCRWA, Santa Clara Housing and Community Development Advisory Committee
Council Member Cline – CalTrain Policy Group (alternate), Gilroy Sister Cities (alternate), Gilroy Youth Task Force, Santa Clara County Expressway Plan 2040 Advisory Board, Silicon Valley Clean Energy Authority JPA Board (alternate), Silicon Valley Regional Interoperability Authority Board, Visit Gilroy California Welcome Center (alternate), VTA Mobility Partnership Committee, VTA Policy Advisory Committee (alternate) Mayor Bozzo – Gilroy Gardens Board of Directors, Santa Clara Valley Water Joint Water Resources Committee, South County Youth Task Force Policy Team, VTA Board of Directors (alternate), Santa Clara Housing and Community Development Advisory Committee (alternate)
8. CONSENT CALENDAR
Items under the Consent Calendar are deemed routine and approved with one motion. If a Council member or a member of the public wishes for a separate discussion on an item, it must be requested for removal before the Council's approval vote. If removed, the item will be discussed in its original order.
8.1. Approval of the Action Minutes of the January 27, 2025 and February 3, 2025 City Council Regular Meeting.
8.2. Acceptance of the Annual Comprehensive Financial Report for Fiscal YearEnded June 30, 2024
8.3. Acceptance of the City’s Fiscal Year 2023-24 Federal Single Audit
8.4. Acceptance of an Office of Traffic Safety Motorcyclist Safety Education and Training Program Grant in the Amount $15,000 and Adoption of a Resolution of the City Council of the City of Gilroy Approving a Fiscal Year 2024-2025 Budget Amendment
8.5. Approve the Second Amendment to the Agreement with Ruggeri-JensenAzar for the Sharks Ice Gilroy Street Improvements and Traffic Signal Project and Authorize the City Administrator to Execute the Second Amendment
8.6. Approval of a Third Amendment to the Agreement with Circlepoint, Inc. for the Gilroy Data Center Project Environmental Impact Report in the amount of $40,452.90 for a total project cost of $284,462.20 (paid by the applicant)
8.7. Adopt a Resolution of the City Council of the City of Gilroy Declaring Weeds a Nuisance
8.8. Adoption of the Amended 2025 City Roster of County, Regional, and Statewide Bodies
9. BIDS AND PROPOSALS
February 24, 2025 | 6:00 PM Page 5 of 6 City Council Regular Meeting Agenda
10. PUBLIC HEARINGS
10.1. Consider the Adoption of a Resolution Declaring an Intent to Transition from an At-Large Election System to a District-Based Election System Pursuant to California Elections Code Section 10010, with the Transition Taking Effect in time for the November 2026 and 2028 Elections
1. Disclosure of Ex-Parte Communications
2. Staff Report: Andy Faber, City Attorney
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Council consider adopting the resolution.
10.2. Introduction of an Ordinance Approving a Zoning Map Amendment Application to Rezone an Undeveloped Property (APN # 810-23-005) to Residential Hillside, Consistent with the 2040 General Plan Hillside Residential Land Use Designation (Z 22-03), and Adopt a Resolution Approving a Tentative Map Application to Subdivide an Approximately
37.54-Acre Site into 54 Single-Family Residential Lots (TM 22-02)
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:
1. Adopt, by resolution, the Mitigated Negative Declaration prepared for the Ren Fu Villa Residential Project, dated January 2025.
2. Motion to read the ordinance by title only and waive further reading (Z 22-03).
3. Introduce an ordinance of the City Council approving Zoning Amendment application Z 22-03 to redesignate a 37.5-acre site from Agriculture (A1) Zone to Residential Hillside (RH) Zone, consistent with the 2040 General Plan.
4. Adopt a resolution approving Tentative Map application TM 22-02 to subdivide the property into 54 single family residential lots.
11. UNFINISHED BUSINESS
12. INTRODUCTION OF NEW BUSINESS
13. FUTURE COUNCIL INITIATED AGENDA ITEMS
14. CITY ADMINISTRATOR'S REPORTS
14.1. Santa Teresa Fire Station Update
15. CITY ATTORNEY'S REPORTS
February 24, 2025 | 6:00 PM Page 6 of 6 City Council Regular Meeting Agenda
16. CLOSED SESSION
16.1. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION. Pending Litigation Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9 and Gilroy City Code Section 17A.11 (3) (a), Gandolfi Investments, LLC v. City of Gilroy, et.al., Superior Court for the County of Santa Clara, Case Number 24CV444165, filed July 26, 2024.
16.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GCC Sec. 17A.8
Property: Gilroy Gardens Theme Park, 3050 Hecker Pass Highway, Gilroy, CA (APN’s: 810-17-024, 810-17-026, 810-17-029, 810-17-030, 810-17-031, 810-18-002, 810-18-013, 810-19-005, 810-19-007, 810-19-010, 810-19-011, 810-19-014)
Negotiators: Jimmy Forbis, City Administrator; Victoria Valencia, Economic Development Manager
Other Party to Negotiations: Gilroy Gardens Family Theme Park, LLC Under Negotiations: Price and terms of payment for sale or lease.
17. 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(b); Public Report of the vote to continue in closed session if required under GCC Section 17A.11(5).
18. ADJOURNMENT
FUTURE MEETING DATES
March 2025
3 Regular Meeting - 6:00 p.m
17 Regular Meeting - 6:00 p.m
April 2025
7 Regular Meeting - 6:00 p.m
21 Regular Meeting - 6:00 p.m
May 2025
5 Regular Meeting - 6:00 p.m
19 Regular Meeting - 6:00 p.m
Meetings are live streamed on the City of Gilroy’s website at gilroy.city/meetings and on YouTube at https://bit.ly/45jor03.
Access the 2025 City Council Meeting Calendar at https://gilroy.city/2025.
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Architects, Designers, and
Community Collaborators
Please
join us!
Visioning the Gilroy Civic Center Master Plan
For additional
information,
please visit,
www.cityofgilroy.org/CCMP
or scan QR code.
Community Workshop #1
Open House & Gallery Information Walk
Tuesday, March 4, 2025
9am or 6pm (two sessions)
Community Workshop #2
Alternative Concepts & Visioning Sessions
Tuesday, April 8, 2025
9am or 6pm (two sessions)
Community Workshop #3
Preferred Concept & Visioning Sessions
Tuesday, May 20, 2025
9am or 6pm (two sessions)
Snacks and childcare will be provided.
Community Workshop Series
at the Wheeler Center, located at 270 W 6th Street
The City of Gilroy is launching a project to
modernize and reimagine the Civic Center
by developing a new Civic Center Master
Plan. The existing Master Plan, adopted in
2002, needs an update to address the
increasing demands of the community,
underutilized spaces, and aging facilities.
The community is invited to participate in a
series of workshops to share your ideas and
priorities for a new civic center.
Gilroy City Hall
7351 Rosanna St.
Gilroy, CA 95020
408.846.0219
www.cityofgilroy.org
Ryan Osenton
Project Manager
Direct: 408.846.0277
[email protected]
Workshops will be conducted in English and Spanish
5.1 City Council Regular Meeting
Agenda
January 27, 2025 | 6:00 PM
CITY COUNCIL ACTION MINUTES
MONDAY, JANUARY 27, 2025 | 6:00 PM
1. OPENING
1.1. Call to Order
1.2. Pledge of Allegiance
Council Member Marques led the Pledge of Allegiance.
1.3. Invocation
Pastor McPhail led the Invocation.
1.4. City Clerk's Report on Posting the Agenda
Interim City Clerk, Beth Minor advised the agenda was posted on Friday, January 24, 2025 at 4:43 P.M.
1.5. Roll Call
Attendance Attendee Name
Dion Bracco, Council Member
Terence Fugazzi, Council Member
Carol Marques, Council Member
Zach Hilton, Council Member
Kelly Ramirez, Council Member
Tom Cline, Council Member
Greg Bozzo, Mayor
Absent None
1.6. Orders of the Day
1.7. Employee Introductions
2. CEREMONIAL ITEMS - Proclamations and Awards
2.1. Presentation of Certificates of Commendation for Pajaro River Watershed Cleanup.
2.2. Presentation of Retirement Proclamations to Marc Stelling, Michael Pardini, and Michael Beebe.
3. COUNCIL CORRESPONDENCE (Informational Only)
4. PRESENTATIONS TO THE COUNCIL
4.1. Presentation from the Gilroy Tennis Club/Tennis Center.
4.2. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS
NOT ON THE AGENDA BUT WITHIN THE SUBJECT MATTER
JURISDICTION OF THE CITY COUNCIL
Carol Parks expressed gratitude to the Gilroy Police Department for their commitment to Public Safety. She noted her concerns regarding the City’s immigration policy and how it was
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communicated to the public.
Ron Kirkish spoke regarding a social media post by Council Member Hilton regarding U.S. Immigration and Customs Enforcement of illegal immigrants.
Gary Walton spoke about his frustrations with the City and trying to get a Downtown project completed.
Elia Salinas spoke regarding public safety contract negotiations, Council Member Hilton’s social media post, and the accolades given to the retiring employees and the members of the public.
5. REPORTS OF COUNCIL MEMBERS
Council Member Bracco No report.
Council Member Fugazzi noted he attended his first Visit Gilroy California Welcome Center meeting and spoke about the services they provide to the public, as well as items they have for sale.
Council Member Marques recapped her meeting with the Santa Clara Valley Habitat Agency Governing Board where the discussion centered on their 2024 budget.
Council Member Hilton noted the membership of and the policy issues the CalTrain Policy Group was working on. He spoke regarding the increase in ridership on VTA, and the Silicon Valley Clean Energy Authority and their role in electricity within the County.
Council Member Ramirez spoke regarding her first Gilroy Sister Cities meeting. She noted they are looking for an adult female between 18 and 24 years of age to represent Gilroy to attend a festival in the City of Angra, Azores, Portugal, this summer.
Council Member Cline No report.
Mayor Bozzo stated the Gilroy Gardens Board of Directors elected Dan Harney as their new Chairman of the Board
6. BOARD AND COMMISSION INTERVIEWS
6.1. Interviews for Open Seats on Boards, Commissions, and Committees with Future Appointment on February 3, 2025
Youth Commission
Arts and Culture Commission
Library Commission
Open Government Commission
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Parks and Recreation Commission
Personnel Commission
Physically Challenged Board of Appeals
Planning Commission
7. CONSENT CALENDAR
7.1. Approval of the Action Minutes of the January 6, 2025 City Council Regular Meeting as verbally amended by Interim City Clerk, Beth Minor.
7.2. Approve the Donation of Maui, a Trained Therapy Dog from the Leadership Gilroy Class of 2024. Mayor Bozzo requested to pull this item so Maui could be introduced, Council unanimously voted to pull this item.
7.3. Adoption of an Ordinance Approving the First Amendment to the Development Agreement Between the City of Gilroy and Glen Loma Corporation for the Glen Loma Ranch
Project to Extend the Term of the Development Agreement by Three Years Enactment No.: Ordinance No. 2025-01
7.4. Adopt a Resolution Amending Resolution No. 2023-27 to Reduce the Number of Council Members Serving on the
Downtown Committee. Enactment No.: Resolution No.
2025-02
Mayor Bozzo opened Public Comment.
There being no speakers, Mayor Bozzo closed Public Comment.
MOTION: To Approve Agenda Item Nos 7.1, 7.3, and 7.4.
RESULTS: PASS: ROLL CALL VOTE
MOVER: Tom Cline, Council Member
SECONDER: Carol Marques, Council Member
AYES: BRACCO, FUGAZZI, MARQUES, HILTON,
RAMIREZ, CLINE, BOZZO
NOES:
ABSENT:
ABSTAIN:
MOTION: To Approve Agenda Item No. 7.2.
RESULTS: PASS: ROLL CALL VOTE
MOVER: Dion Bracco, Council Member
SECONDER: Kelly Ramirez, Council Member
AYES: BRACCO, FUGAZZI, MARQUES, HILTON,
RAMIREZ, CLINE, BOZZO
NOES:
ABSENT:
ABSTAIN:
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8. BIDS AND PROPOSALS
8.1. Award a Three-Year Contract to Secure Guard Security Services in a Total Amount of $233,451 with an Annual Not-toExceed Amount of $77,817 for Park Patrol Security Services, with Up to Two, One-Year Extension Options
This item has been continued to the February 3, 2025 meeting.
8.2. Award a Contract to Apex Companies for the FY25 Installation of Small Trash Capture Devices Project No. 25-PW-293 in the amount of $189,800; Approve a Budget Amendment; Approve a Project Contingency of $60,200; Approve a Total Project Expenditure of $250,000 for Construction; and Adopt a
Resolution Amending the Fiscal Year 2025 Budget
Mayor Bozzo opened Public Comment.
There being no speakers, Mayor Bozzo closed Public Comment.
No action taken.
9. PUBLIC HEARINGS
10. UNFINISHED BUSINESS
10.1. Inclusionary Housing Policy Update
Mayor Bozzo opened Public Comment.
There being no speakers, Mayor Bozzo closed Public Comment.
11. INTRODUCTION OF NEW BUSINESS
11.1. 2025 City Administrator Performance Evaluation Process Mayor Bozzo opened Public Comment.
Ron Kirkish noted he felt the evaluation should include employee morale.
There being no further speakers, Mayor Bozzo closed Public Comment.
MOTON: To appoint Mayor Bozzo, and Council Members Cline and Ramirez to a three-member Council sub-Committee for the City Administrator Performance Evaluation Process.
RESULTS: PASS: ROLL CALL VOTE
MOVER: Terence Fugazzi, Council Member
SECONDER: Carol Marques, Council Member
AYES: BRACCO, FUGAZZI, MARQUES, HILTON,
RAMIREZ, CLINE, BOZZO
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NOES:
ABSENT:
ABSTAIN:
MOTON: To direct the sub-committee to: 1) Engage and
interview a consultant to establish the annual City Administrator performance evaluation process; and 2) Provide a
recommendation to the full Council for a consultant tasked with creating and implementing an evaluation process for the City Administrator that utilizes industry standards and best practices and complies with the International City/County Management Association (ICMA) guidelines for the City Administrator to obtain certification as a Credentialed Manager (CM).
RESULTS: PASS: ROLL CALL VOTE
MOVER: Dion Bracco, Council Member
SECONDER: Tom Cline, Council Member
AYES: BRACCO, FUGAZZI, MARQUES, HILTON,
RAMIREZ, CLINE, BOZZO
NOES:
ABSENT:
ABSTAIN:
11.2. Approve the Purchase of Vehicle Incursion Barriers Mayor Bozzo opened Public Comment.
There being no speakers, Mayor Bozzo closed Public Comment.
MOTION: To approve the purchase of the Vehicle Incursion Barrier Systems from Meridian Rapid Defense Group for a total of $295,682.11.
RESULTS: PASS: ROLL CALL VOTE
MOVER: Tom Cline, Council Member
SECONDER: Terence Fugazzi, Council Member
AYES: BRACCO, FUGAZZI, MARQUES, HILTON,
RAMIREZ, CLINE, BOZZO
NOES:
ABSENT:
ABSTAIN:
12. FUTURE COUNCIL INITIATED AGENDA ITEMS
13. CITY ADMINISTRATOR'S REPORTS
City Administrator, Jimmy Forbis spoke about the 8th St. & Alexander Street housing project and that it is part of the Santa Clara County Bond Measure.
He also provided an update to the new Santa Teresa Fire Station.
Additionally, Union Pacific Railroad is in the process of clearing out the homeless encampment along 9th St. and Alexander.
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14. CITY ATTORNEY'S REPORTS
City Attorney, Andy Faber advised he had nothing to report. He read the Closed Session title into the record.
15. CLOSED SESSION
15.1. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION.
Pending Litigation Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9 and Gilroy City Code Section 17A.11 (3) (a), Gandolfi Investments, LLC v. City of Gilroy, et.al., Superior Court for the County of Santa Clara, Case Number 24CV444165, filed July 26, 2024.
Upon receiving advice from the City Attorney that to discuss the matter in open session would prejudice the position of the City in the litigation, the Council voted unanimously to enter closed session.
The City Council unanimously voted to go into the Closed Session.
When in the Closed Session the City Council voted to stay in the Closed Session.
16. ADJOURN TO OPEN SESSION
Upon returning to open session, the City Attorney announced there was no reportable action.
17. ADJOURNMENT
The meeting was adjourned at 9:05 P.M.
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting on February 24, 2025 of the City Council of the City of Gilroy.
/s/Beth Minor
Interim City Clerk
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February 3, 2025 | 6:00 PMPage 1 of 6
CITY COUNCIL REGULAR MEETING AGENDA
MONDAY, FEBRUARY 3, 2025 | 6:00 PM
1. OPENING
1.1. Call to Order
1.2. Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Marques.
1.3. Invocation
The Invocation was led by Pastor Greg Quirke.
1.4. City Clerk's Report on Posting the Agenda
Interim City Clerk, Beth Minor announced the agenda was posted on Friday, January 31, 2025 at 9:37 A.M.
1.5. Roll Call
Attendance Attendee Name
Dion Bracco, Council Member
Terence Fugazzi, Council Member
Carol Marques, Council Member
Zach Hilton, Council Member
Kelly Ramirez, Council Member
Tom Cline, Council Member
Greg Bozzo, Mayor
Absent None
1.6. Orders of the Day
1.7. Employee Introductions
2. CEREMONIAL ITEMS - Proclamations and Awards
3. COUNCIL CORRESPONDENCE (Informational Only)
3.1. Departmental Workplan Update.
4. PRESENTATIONS TO THE COUNCIL
4.1. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON
ITEMS NOT ON THE AGENDA BUT WITHIN THE SUBJECT
MATTER JURISDICTION OF THE CITY COUNCIL
Gary Walton proposed possible improvements to the city’s planning procedures to streamline the process.
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5. REPORTS OF COUNCIL MEMBERS
Council Member Bracco No report
Council Member Fugazzi No report
Council Member Marques No report
Council Member Hilton reported the VTA Policy Advisory Committee approved recommended updates to the VTA Land Use and Development Policy. CalTrain Policy Group has purchased a new battery powered train as part of a pilot program. He explained what the South County Youth Task Force Policy Team is and how they help with local youth.
Council Member Ramirez reminded everyone that the Gilroy Sister Cities Association is looking for a Royal Court representative that would travel to Portugal in June to be a part of the Sister Cities float and celebrations.
Council Member Cline No report
Mayor Bozzo noted he attended his first meeting of the Santa Clara County Cities Association.
6. CONSENT CALENDAR
6.1. Authorize the City Administrator to Execute the Grant Agreement Under the Fiscal Year 2024 Safe Streets and
Roads for All (SS4A) Grant.
6.2. Adopt a Resolution Approving the City to Enter into the Joint Powers Agreement with the Cities Association of Santa Clara County and Authorizing the City Administrator to Execute the Agreement. Enactment No.: Resolution No. 2025-03
Council Member Ramirez requested Agenda Item No. 6.1 be pulled for discussion. The full Council agreed.
Mayor Bozzo opened Public Comment.
Ron Kirkish spoke regarding Agenda Number 6.1.
There being no further speakers, Mayor Bozzo closed Public Comment.
MOTION: To Approve Consent Calendar No. 6.2 Adopting the Resolution.
RESULTS: PASS: 7-0 ROLL CALL VOTE
MOVER: Dion Bracco, Council Member
SECONDER: Zach Hilton, Council Member
AYES: BRACCO, FUGAZZI, MARQUES, HILTON,
RAMIREZ, CLINE, BOZZO
NOES:
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ABSENT:
ABSTAIN:
MOTION: To Approve Consent Calendar No. 6.1
RESULTS: PASS: 5-2 ROLL CALL VOTE
MOVER: Tom Cline, Council Member
SECONDER: Dion Bracco, Council Member
AYES: BRACCO, HILTON, RAMIREZ, CLINE,
BOZZO
NOES: FUGAZZI, MARQUES
ABSENT:
ABSTAIN:
7. BIDS AND PROPOSALS
7.1. Award a Three-Year Contract to Swimming Swan LLC in the Amount of $816,492.42 to Serve as the Christopher High
School Aquatics Center Operator Beginning in 2025 through 2027, with Two, One-Year Extension Options.
Mayor Bozzo opened Public Comment.
Luis Ramirez felt that this should be a one year contract and that city staff should look at other alternatives.
There being no further speakers, Mayor Bozzo closed Public Comment.
MOTION: Award a one-year contract with Swimming Swan
LLC to serve as the Christopher High School Aquatics
Center Operator for 2025 for an amount of $258,998.39; and Authorize the City Administrator to execute the contract and associated documents.
RESULTS: PASS: 6-1 ROLL CALL VOTE
MOVER: Tom Cline, Council Member
SECONDER: Kelly Ramirez, Council Member
AYES: FUGAZZI, MARQUES, HILTON, RAMIREZ, CLINE,
BOZZO
NOES: BRACCO
ABSENT:
ABSTAIN:
8. PUBLIC HEARINGS
9. UNFINISHED BUSINESS
9.1. Selection and Appointment of Boards, Commissions, and Committee Members
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10. INTRODUCTION OF NEW BUSINESS
10.1. Review of the City Council Norms
Mayor Bozzo opened Public Comment.
Gary Walton encouraged the Council to adopt a Code of
Ethics Policy.
There being no further speakers, Mayor Bozzo closed
Public Comment.
11. ADJOURN TO THE MEETING OF THE GILROY PUBLIC FACILITIES
FINANCING AUTHORITY
12. OPENING (GILROY PUBLIC FACILITIES FINANCING AUTHORITY)
12.1. Call to Order
12.2. Roll Call
Attendance Attendee Name
Dion Bracco, Board Member
Terence Fugazzi, Board Member
Carol Marques, Board Member
Zach Hilton, Board Member
Kelly Ramirez, Board Member
Tom Cline, Board Member
Greg Bozzo, Chair
Absent None
13. CONSENT CALENDAR (GILROY PUBLIC FACILITIES FINANCING
AUTHORITY)
13.1. Approval of the Action Minutes of the March 4, 2024 Gilroy Public Facilities Financing Authority Meeting.
13.2. Adoption of a Resolution Setting the Budget for Fiscal Year 2025-26.
Mayor Bozzo opened Public Comment.
There being no speakers, Mayor Bozzo closed Public Comment.
MOTION: Approve Agenda Item 13.1
RESULTS: PASS: 7-0 ROLL CALL VOTE
MOVER: Tom Cline, Board Member
SECONDER: Kelly Ramirez, Board Member
AYES: BRACCO, FUGAZZI, MARQUES, HILTON,
RAMIREZ, CLINE, BOZZO
NOES:
ABSENT:
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City Council Regular Meeting
Agenda
February 3, 2025 | 6:00 PMPage 5 of 6
ABSTAIN:
MOTION: Approve Agenda Item 13.2 Adopting the Resolution.
RESULTS: PASS: 7-0 ROLL CALL VOTE
MOVER: Carole Marques, Board Member
SECONDER: Dion Bracco, Board Member
AYES: BRACCO, FUGAZZI, MARQUES, HILTON,
RAMIREZ, CLINE, BOZZO
NOES:
ABSENT:
ABSTAIN:
Enactment No.: Resolution No. 2025-04
14. ADJOURN TO THE MEETING OF THE GILROY CITY COUNCIL
15. FUTURE COUNCIL INITIATED AGENDA ITEMS
16. CITY ADMINISTRATOR'S REPORTS
16.1. Santa Teresa Fire Station Update
City Administrator, Jimmy Forbis noted that once the land is acquired for the Santa Teresa Fire Station property, staff will start working on the project. Santa Clara County is moving ahead with approving a contract for the Eighth St. and Alexander St. low-income project.
17. CITY ATTORNEY'S REPORTS
City Attorney, Andy Faber advised he had nothing to report, but noted that Agenda Nos. 18.1 and 18.2 would not be heard tonight.
He read the Closed Session titles into the record.
The vote was unanimous to go into closed session on Agenda Item
18.3. Once in closed session, the vote was unanimous to stay in closed session for Agenda Item 18.4.
18. CLOSED SESSION
18.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to GC Sec. 54956.8 and GCC Sec. 17A.8
Property: Gilroy Gardens Theme Park, 3050 Hecker Pass
Highway, Gilroy, CA (APN’s: 810-17-024, 810-17-026, 810-17- 029, 810-17-030, 810-17-031,b 810-18-002, 810-18-013, 810-19- 005, 810-19-007, 810-19-010, 810-19-011,810-19-014)
Negotiators: Jimmy Forbis, City Administrator; Victoria Valencia, Economic Development Manager
Other Party to Negotiations: Gilroy Gardens Family Theme Park, LLC Under Negotiations: Price and terms of payment for sale or lease.
18.2 CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION.
Pending Litigation Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9 and Gilroy City Code Section 17A.11 (3) (a), Gandolfi Investments, LLC v. City of Gilroy, et.al., Superior Court for the County of Santa Clara, Case Number 24CV444165, filed July 26, 2024.
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18.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION.
Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) and Paragraph (3) of Subdivision (e) of Government Code Section 54956.9 and Gilroy City Code
Section 17A.11 (3) (b), based upon receipt of a written communication from Shenkman & Hughes, PC (available for inspection upon request at the office of the City Clerk). One case as defendant.
18.4 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to GC Sec. 54956.8 and GCC Sec. 17A.8
Properties: APNs 841-10-010 and 841-10-028
Negotiators: Jimmy Forbis, City Administrator
Other Party to Negotiations: Jessup Roberta A Trustee (Jessup Transportation, Inc.)
Under Negotiation: Price and terms of payment
19. ADJOURN TO OPEN SESSION
The meeting adjourned to open session and the City Attorney made an oral announcement that there was no reportable action taken at the closed sessions.
20. ADJOURNMENT
The meeting was adjourned at 8:28 P.M.
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City of Gilroy City Council Page 2 of 2 February 12, 2025
CITY COUNCIL SPECIAL MEETING
AND STRATEGIC PLANNING AGENDA
WEDNESDAY, FEBRUARY 12, 2025 | 9:00 AM
1. OPENING
1.1. Call to Order
1.2. Pledge of Allegiance
Council Member Hilton led the Pledge of Allegiance.
1.3. City Clerk's Report on Posting the Agenda
Interim City Clerk, Beth Minor, advised the agenda was posted on Monday, February 10, 2025 at 4:47 P.M.
1.4. Roll Call
Attendance Attendee Name
Dion Bracco, Council Member
Terence Fugazzi, Council Member
Carol Marques, Council Member
Zach Hilton, Council Member
Kelly Ramirez, Council Member
Tom Cline, Council Member
Greg Bozzo, Mayor
Absent None
2. INTRODUCTION OF NEW BUSINESS
2.1. Consent to the Appointment of John Doughty as Public Works Director
Mayor Bozzo opened Public Comment.
There being no speakers, Mayor Bozzo closed Public Comment.
MOTION: To approve City Administrator’s recommendation to appointment John Doughty as the Public Works Director.
RESULTS: PASS: 7 - 0 ROLL CALL VOTE
MOVER: Carol Marques, Council Member
SECONDER: Dion Bracco, Council Member
AYES: BRACCO, FUGAZZI, MARQUES, HILTON, RAMIREZ,
CLINE, BOZZO
NOES:
ABSENT:
ABSTAIN:
3. CITY COUNCIL STRATEGIC PLANNING WORKSHOP
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City of Gilroy City Council Page 2 of 2 February 12, 2025
3.1 Mayor/Council Member Comments
3.2 Public Comment
Ann Marie McCauley applauded the Council for their support of the Housing and Community Services Division.
Maria Aquilar spoke regarding the need for more Accessory Dwelling Units and making the process easier.
3.3 City Administrator Opening
3.4 Organizational Theory
3.5 City Mission/Vision/Objectives/Activities/Measurables BREAK
3.6 Public Comment (Continued)
TJ Napihaa spoke regarding the needs of the unhoused.
Chris Demers spoke regarding the needs of the unhoused and assisting small businesses to come to Gilroy.
3.7 Council Discussion
BREAK (WORKING LUNCH)
3.8 Continued Council Discussion
3.9 Public Comment
Ann Marie McCauley suggested the Council have a homeless commission to help educate the unhoused-on services available to them.
Emily Miller felt the Parks and Recreation Commission could be a large part of city beautification projects.
Chris Demers felt the city should invest in Agtech businesses.
3.10 Next Steps/Budget Process Alignment
3.11 Council Closing Remarks
4. ADJOURNMENT
The meeting was adjourned at 1:30 P.M.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Accept the Annual Comprehensive Financial Report for Fiscal Year-Ended June 30, 2024
Meeting Date: February 3, 2025
From: Jimmy Forbis, City Administrator
Department: Finance
Submitted By: Harjot Sangha, Finance Director
Prepared By: Harjot Sangha, Finance Director
STRATEGIC PLAN GOALS Develop a Financially Resilient Organization
RECOMMENDATION
Accept and file the report.
EXECUTIVE SUMMARY
Accept and file the audited Annual Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2024 (FY24).
ANALYSIS
Following the close of each fiscal year on June 30th, the City’s external auditors conduct an audit of the City’s financial records and assist in the compilation of the ACFR.
The objective of external financial reporting is to ensure accountability. The goal of a financial statement audit is to provide users with reasonable assurance from an independent auditor that the information presented in the statements is reliable. The audit for the fiscal year ended June 30, 2024, was recently completed by The Pun Group, LLP (Auditor), Certified Public Accountants.
In conjunction with the annual audit, the City prepares the ACFR to comply with the
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Accept the Annual Comprehensive Financial Report for Fiscal Year-Ended June 30, 2024 City of Gilroy City Council Page 2 of 3 February 26, 2024 1 4
requirements to receive the Certificate of Achievement for Excellence in Financial Reporting administered by the Government Finance Officers Association (GFOA). The Certificate of Achievement is a prestigious national award recognizing conformance with the highest standard for preparation of state and local government financial reports. The City’s ACFR has received this award for the previous ten fiscal years, most recently for FY23, and staff believes the current report (FY24) continues to conform to GFOA’s highest standard.
As a result of their annual independent audit of the City’s financial records and statements, the Auditor has rendered an unmodified (“clean”) opinion, the optimal opinion issued by independent auditors, on the City’s financial statements for the fiscal year ended June 30, 2024.
A detailed analysis of the City’s financial position as of June 30, 2024, is included in the Management Discussion and Analysis (MD&A) in the ACFR attached to this staff report.
In accordance with Government Auditing Standards, the auditors also identify any deficiencies in internal control over financial reporting and provide recommendations to City management on correcting these deficiencies. No such deficiencies in internal controls were identified during the FY24 audit.
Summary of the highlights are as follows:
Citywide: The City’s overall net position increased by $10.0 million to $391.9 million from prior fiscal year (FY23). Of the total net position, $119.9 million, or about 31%, remains unrestricted, and the majority of the remaining $197.3 million, about 50%, consists of net investment in capital assets.
General Fund: For ACFR purposes, the City combines its Sidewalk Repair, Golf Course, Parking Management, and Community Recreation special revenue funds with the City’s General Fund for financial statement presentation as required under Governmental Accounting Standards Board (GASB) Statement 54. • Revenues: The actual revenues, excluding transfers, in the General Fund were $3.2 million better than the final budget, primarily due to better than projected investment income attributed to the elevated interest rate environment during the fiscal year, and an increases in charges for services, license and permits, and other miscellaneous one-time revenues.
• Expenditures: The actual expenditures, excluding transfers, in the General Fund were $5.5 million less than the final budget, primarily due to capital outlay and general operational savings across all departments. It is essential to note that although the actual expenditures were $5.5 million less than the final budget, the General Fund had over $2.5 million in outstanding encumbrances and commitments on June 30, 2024, notably for capital outlay such the annual citywide pavement rehabilitation, which carried forward to the next fiscal year.
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Accept the Annual Comprehensive Financial Report for Fiscal Year-Ended June 30, 2024 City of Gilroy City Council Page 3 of 3 February 26, 2024 1 4
• Fund Balance: The fund balance (for ACFR purposes) in the General Fund increased by $0.7 million to $42.7 million from the prior year.
FISCAL IMPACT/FUNDING SOURCE
There are no direct fiscal impacts to receiving and filing the ACFR. The audit provides Council and other stakeholders with the assurance that the City is meeting its obligation for producing financial reports that are presented fairly and accurately. The annual financial audit is part of the Finance Department’s annual workplan, thus the resources and costs associated with the audit and preparation of the report are included in the adopted budget.
Attachments:
1. Annual Comprehensive Financial Report as of June 30, 2024.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Acceptance of the City’s Fiscal Year 2023-24 Federal Single Audit
Meeting Date: February 24, 2025
From: Jimmy Forbis, City Administrator
Department: Finance
Submitted By: Harjot Sangha, Finance Director
Prepared By: Harjot Sangha, Finance Director
n
STRATEGIC PLAN GOALS Develop a Financially Resilient Organization
RECOMMENDATION
Accept and file the City’s Fiscal Year 2023-24 (FY24) Federal Single Audit report.
EXECUTIVE SUMMARY
The Single Audit has been completed and the independent auditors have indicated that the City of Gilroy has complied in all the material respects with the types of compliance requirements that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2024.
ANALYSIS
The federal Office of Management and Budget (OMB) has established uniform administrative requirements, cost principles, and audit requirements (commonly known as OMG Uniform Guidance) for Federal awards to non-Federal entities. It requires an audit (Single Audit) of an entity that expends $750,000 or more in federal grants or assistance annually. In addition to auditing financial data, the Single Audit focuses on compliance with grant requirements.
The City’s financial records are audited annually by the City’s external auditors and the scope includes Single Audits. The Pun Group performed the FY24 financial audit and the Federal Single Audit. The Single Audit has been completed, and the independent
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Acceptance of the City’s Fiscal Year 2023-24 Federal Single Audit City of Gilroy Page 2 of 2 February 24, 2025
5 8
auditors have indicated that the City of Gilroy has complied in all the material respects with the types of compliance requirements that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2024. There was one noted finding in the FY24 Single Audit with respect to delayed submission of a certain report for the CDBG program, auditors recommended to strengthen the reporting submission process. City staff have since updated the process for report submission to implement the recommendation.
FISCAL IMPACT/FUNDING SOURCE
There are no direct fiscal impacts to receiving and filing the FY24 Federal Single Audit report. Audits and preparation of related reports are an annual workplan item for the Finance Department.
Attachments:
1. Single Audit Report for FY24.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Acceptance of an Office of Traffic Safety Motorcyclist Safety Education and Training Program Grant in the
Amount $15,000 and Adoption of a Resolution of the
City Council of the City of Gilroy Approving a Fiscal
Year 2024-2025 Budget Amendment
Meeting Date: February 24, 2025
From: Jimmy Forbis, City Administrator
Department: Police
Submitted By: Pedro Espinoza, Police Chief
Prepared By: Patricia Vigil, Management Analyst
STRATEGIC PLAN GOALS Ensure Neighborhood Equity from City Services
RECOMMENDATION
a) Accept the Office of Traffic Safety Motorcyclist Safety Education and Training Program Grant for $15,000 and,
b) Adopt a resolution of the City Council of the City of Gilroy amending the budget for FY25 and appropriating proposed expenditure amendments.
BACKGROUND
The California Highway Safety Program is a partnership effort between the National Highway Traffic Safety Administration and California. The Office of Traffic Safety is designated by the Governor to receive federal traffic safety funds for coordinating California’s highway safety programs. Each year the Office of Traffic Safety develops a Highway Safety Plan identifying the key highway safety problems in the State and the most effective countermeasures to address them. The Office of Traffic Safety then solicits proposals statewide to address the identified problems and allocates funds to state and local governmental agencies to implement traffic safety programs and grants.
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Acceptance of an Office of Traffic Safety Motorcyclist Safety Education and Training Program Grant in the Amount $15,000 and Adoption of a Resolution of the City Council of the City of Gilroy Approving a Fiscal Year 2024-2025 Budget Amendment City of Gilroy City Council Page 2 of 3 February 24, 2025 The City of Gilroy has been the recipient of the Office of Traffic Safety Grant for many years. The Gilroy Police Department applied for and was awarded a motorcyclist safety education and training grant for $15,000. The objective of the grant is to use best practice strategies to reduce incidents of fatal and injury collisions involving motorcycles by use of targeted traffic enforcement operations and enhanced traffic analytics.
ANALYSIS
The grant cycle is from October 1, 2024, to September 30, 2025 to expend the funds through a reimbursement process. As a condition of the award process, the governing body of the applying jurisdiction must approve the acceptance of the award prior to final acceptance and allocation of funds.
The funded strategies will include hands-on motorcyclist safety courses, motorcyclist helmet usage training, classroom education, community outreach and public awareness campaigns, educational workshops, and presentations.
In order to perform these strategies, City Council action is required to appropriate the grant funds into the FY25 budget. The proposed budget appropriation is as follows:
Org/Object Code: 2233010-52610/43120 $15,000
A resolution amending the budget is attached to this staff report for adoption to effectuate the amendment.
ALTERNATIVES
Council may choose to reject the Office of Traffic Safety Motorcyclist Safety Education and Training Program Grant funds. Staff does not recommend this option as it would mean alternative funding would have to be identified to provide safety education.
FISCAL IMPACT/FUNDING SOURCE
Approval of this action would appropriate the grant funding and increase revenue and expenditure appropriations to the Police Department’s Office of Traffic Safety Grants Fund (223), by $15,000 in the FY25 budget.
PUBLIC OUTREACH
The Police Department will conduct public engagement campaigns via our digital media platforms to further promote motorcyclist safety and promote educational goals of safe motorcycle riding.
NEXT STEPS
If approved, the Police Department will conduct free, public motorcyclist safety and
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Acceptance of an Office of Traffic Safety Motorcyclist Safety Education and Training Program Grant in the Amount $15,000 and Adoption of a Resolution of the City Council of the City of Gilroy Approving a Fiscal Year 2024-2025 Budget Amendment City of Gilroy City Council Page 3 of 3 February 24, 2025 training courses throughout the grant year.
Attachments:
1. MC25012 OTS Grant Agreement
2. FY25 MC25012 $15,000 Resolution
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RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING THE BUDGET FOR THE CITY OF GILROY FOR
FISCAL YEAR 2024-2025 IN THE OFFICE OF TRAFFIC SAFETY
FUND AND APPROPRIATING PROPOSED EXPENDITURE
AMENDEMENTS.
WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2023-2024 and 2024-2025, and the City Council carefully examined, considered and adopted the same on June 5, 2023; and WHEREAS, City Staff has prepared and submitted to the City Council a proposed amendment to said budget for Fiscal Year 2024-2025 for the City of Gilroy in the staff report dated February 24, 2025, for the Office of Traffic Safety Fund, appropriating funding received from the Office of Traffic Safety; 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 revenue and expenditure appropriations in the Office of Traffic Safety Fund, Fund 223, is hereby increased by $15,000 for Fiscal Year 2024-2025.
PASSED AND ADOPTED this 24th day of February 2025 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
APPROVED:
______________________________
Greg Bozzo, Mayor
ATTEST:
Beth Minor, Interim City Clerk
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Resolution No. 2025-XX
Acceptance of OTS Motorcyclist Grant
City Council Regular Meeting | February 24, 2025
CERTIFICATE OF THE CLERK
I, BETH MINOR, Interim City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2025-XX is an original resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, February 24, 2025 with a quorum present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Date.
____________________________________
Beth Minor
Interim City Clerk of the City of Gilroy
(Seal)
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City of Gilroy
STAFF REPORT
Agenda Item Title: Approve the Second Amendment to the Agreement with Ruggeri-Jensen-Azar for the Sharks Ice Gilroy
Street Improvements and Traffic Signal Project and
Authorize the City Administrator to Execute the
Second Amendment
Meeting Date: February 24, 2025
From: Jimmy Forbis, City Administrator
Department: Public Works
Submitted By: Karl Bjarke, Special Assistant to the City Administrator Prepared By: Karl Bjarke, Special Assistant to the City Administrator STRATEGIC PLAN GOALS Maintain and Improve City Infrastructure
RECOMMENDATION
a) Approve the second amendment to the Agreement with Ruggeri-Jensen-Azar for the Sharks Ice Gilroy Street Improvements and Traffic Signal Project (24-RFP-PW-492) increasing the agreement cost by $142,380 to perform soils and earthwork analysis for the Gilroy Ice Center.
b) Authorize the City Administrator to execute said second amendment and associated documents.
EXECUTIVE SUMMARY
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Approve the Second Amendment to the Agreement with Ruggeri-Jensen-Azar for the Sharks Ice Gilroy Street Improvements and Traffic Signal Project and Authorize the City Administrator to Execute the Second Amendment
City of Gilroy City Council Page 2 of 4 February 24, 2025 The City has partnered with San Jose Sharks Sports & Entertainment to build the Gilroy Ice Center at the City’s Outdoor Sports Park. The design development plans for the building have been completed. However, before proceeding to the next stage of procuring a design-build contracting firm, staff and representatives of Sharks Sports and Entertainment have determined that a better understanding of the grading and earthwork requirements for the project is necessary. As a companion project to the Ice Center the City is also developing design plans for the widening of Monterey Frontage Road and the installation of a new traffic signal at the intersection of Monterey Road and Monterey Frontage Road. The civil engineering firm Ruggeri-Jensen-Azar and Associates (RJA) is currently under contract for the road and signal improvements project and has provided valuable survey work at the Ice Center site. Due to their civil engineering expertise and their familiarity of the Ice Center project, staff is recommending that RJA’s contract be amended to produce a soils and conceptual engineering report to support the design of the Ice Center and to provide clarity about the grading and earthwork needs of the site.
BACKGROUND
The Gilroy Ice Center represents Phase III of the Sports Park Master Plan. The original 2002 Environmental Impact Report (EIR) for the Sports Park was amended in 2019 to consider the construction of the Ice Center.
In June of 2022, the City and Sharks Sports & Entertainment, LLC (Sharks Sports) entered into a Non-Binding Term Sheet for an Operating Agreement for the proposed Ice Center. On September 19, 2022, the City and Sharks Sports entered into a Consulting and Reimbursement Agreement to complete the design and the get the project ready for construction using a design-build method of contracting.
As currently envisioned the Ice Center will be an approximately 100,000 SF indoor Center that will house two National Hockey League size ice sheets and accompanying uses such as spectator seating, locker rooms, food service, retail, and administrative space. In addition, the project will construct a new parking lot to support the Ice Center.
The City and Sharks Sports have already invested in the preliminary design for the Center. An architect was hired by the City to produce Basis of Design documents which will become the guiding blueprints for a future design-build contractor. Those Basis of Design documents, which covered the building itself and a preliminary layout of the parking lot, are now complete. However, one key element of the project construction – the earthwork and grading – is not as fully understood as the building design is. Due to the fact that the Ice Center site is located on an active farming operation (a local farmer leases the site from the City), the soil conditions for supporting a building and parking lot are unknown. Both the City and Sharks Sports feel that a much better understanding of the soils and grading requirements is needed prior to soliciting qualifications packages from potential design-build firms. RJA and their geotechnical sub-consultant are highly qualified to provide the necessary investigations and preliminary design essential to
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Approve the Second Amendment to the Agreement with Ruggeri-Jensen-Azar for the Sharks Ice Gilroy Street Improvements and Traffic Signal Project and Authorize the City Administrator to Execute the Second Amendment
City of Gilroy City Council Page 3 of 4 February 24, 2025 understanding the earthwork and grading needs prior to the design-build process. RJA is a Gilroy firm and uniquely in a position to provide these services given their current work on the companion Monterey Frontage street and traffic signal project and the site survey work they recently accomplished for the Ice Center. They are also intimately familiar with the complex drainage and storm water quality requirements that govern construction in Gilroy.
The City entered into a consulting services agreement on December 4, 2023 with
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Approve the Second Amendment to the Agreement with Ruggeri-Jensen-Azar for the Sharks Ice Gilroy Street Improvements and Traffic Signal Project and Authorize the City Administrator to Execute the Second Amendment
City of Gilroy City Council Page 3 of 4 February 24, 2025 RJA to design the “Gilroy Ice Center Street Improvements and Traffic Signal” project. That effort is a companion project to the Gilroy Ice Center and both are carried in the approved Capital Improvement Program under Project No. 800900. The street improvements and traffic signal are currently under design. On May 20, 2024, the City Council approved the First Amendment to the RJA agreement for the preparation of an American Land Title Association (ALTA) survey for the Ice Center site. That work is complete. The proposed Second Amendment will provide for the grading and earthwork analysis supporting the ultimate construction of the Ice Center.
ANALYSIS
The Basis of Design documents for the Gilroy Ice Center have been completed through a collaborative process with Sharks Sports. These documents represent the design development stage of project design, or roughly 30% design. In addition, the Basis of Design documents provide a sufficient level of confidence in the final product and cost that the City can move forward with the next phase in the project – soliciting qualifications from design-build construction firms and ultimately entering into a contract from the most qualified firm. However, the earthwork and grading required to build the project are somewhat unknown and certainly not at the design development stage the building is in. The City and Sharks Sports feel that it is unwise to proceed with the project until a better understanding of the earthwork and grading needs are known. RJA was asked to provide a proposal that will give clarity to the earthwork and grading needs. This study will not only help inform the future design-build contractor but also provide the City with a soils analysis that can be applied to future projects at the Sports Park.
RJA’s proposal includes the following scope of work, all of which factors into the Ice Center project costs.
A. Research and data gathering of anticipated foundation design of the building, nearby drainage improvements, and any small structures or appurtenances located on the site that might affect the project.
B. Preparation of a conceptual Computer-aided design and drafting (CADD) base drawing using the Basis of Design layout of the Ice Center and the parking lot. This will include topographic and existing elevation information and will become the basis for an overall grading plan.
C. Prepare a conceptual storm water management plan which is required for all construction in the City of Gilroy.
D. Prepare a conceptual grading and drainage plan, including on-site drainage structures/basins, order of magnitude earthwork volumes, and cut and fill locations for the site.
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Approve the Second Amendment to the Agreement with Ruggeri-Jensen-Azar for the Sharks Ice Gilroy Street Improvements and Traffic Signal Project and Authorize the City Administrator to Execute the Second Amendment
City of Gilroy City Council Page 4 of 4 February 24, 2025 E. Prepare a conceptual Utility Plan showing locations of nearest water, sewer, and storm drain facilities. This is critical since the City will be required to provide these services to the Ice Center.
F. Provide a conceptual design memorandum which is an overall summary of grading, drainage, and utility needs.
G. Provide a summary of Habitat Conservation Fees which are required for all construction in the City of Gilroy.
H. Geotechnical investigations into the soils compositions and a Phase 1 Environmental Assessment of the soils to ensure any contaminants that might be present are properly handled.
FISCAL IMPACT/FUNDING SOURCE
The original RJA contract for the Monterey Road and Traffic Signal Improvements was entered into on December 4, 2023 for an amount of $301,000. On May 20, 2024, the City Council approved the First Amendment to provide an American Land Title Association (ALTA) survey of the Ice Center site in the amount $45,314. If approved, the Second Amendment would add an additional $142,380 to the contract. Thus, the total for the contract if the Second Amendment is approved would be $488,694.
The approved Fiscal Year 2024-2028 Capital Improvement Program contains the Gilroy Ice Center Project (Project No. 800900) and includes the Ice Center Center and the companion project of Monterey Frontage Road and Traffic Signal Improvements. For the proposed Second Amendment, sufficient Public Facilities Impact Fund (440) appropriations are available in the Fiscal Year 2025 to accommodate this additional scope, thus no budget amendment is necessary.
Attachments:
1. Second Amendment
2. Original contract with RJA executed on December 4, 2023
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City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of a Third Amendment to the Agreement with Circlepoint, Inc. for the Gilroy Data Center
Project Environmental Impact Report in the amount of
$40,452.90 for a total project cost of $284,462.20 (paid by the applicant)
Meeting Date: February 24, 2025
From: Jimmy Forbis, City Administrator
Department: Community Development
Submitted By: Sharon Goei, Community Development Director Prepared By: Gloria Sciara, Extra Help Planner
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Approve a Third Amendment to the Agreement with Circlepoint, Inc. for the Gilroy Data Center Project Environmental Impact Report in the amount of $40,452.90 for a total project cost of $284,462.20 (paid by the applicant) and authorize the City Administrator to execute the contract amendment and associated documents.
EXECUTIVE SUMMARY
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Approval of a Third Amendment to the Agreement with Circlepoint, Inc. for the Gilroy Data Center Project Environmental Impact Report in the amount of $40,452.90 for a total project cost of $284,462.20 (paid by the applicant)
City of Gilroy City Council Page 2 of 3 February 24, 2025 1 9
Amazon Web Services (AWS), the applicant for the Gilroy Data Center project, made several modifications to their project description after the administrative draft Environmental Impact Report (EIR) was completed. The changes require out-of-scope work and analysis necessitating significant changes and multiple rounds of edits resulting in additional costs associated with preparation of the EIR by Circlepoint, Inc. (Consultant). The requested modifications by AWS require the Consultant to complete additional research, make modifications to work previously completed on the Draft EIR, review the entire Draft EIR to ensure or remedy any consistency or methodological issues, coordinate with City staff and the applicant, and attend additional meetings with City staff and the applicant. The requested amendment is necessary to allow the Consultant to complete the final EIR documentation. The requested modifications result in $40,452.90 of additional costs for a total project cost of $284,462.20, paid by the applicant, for the Gilroy Data Center Project EIR.
BACKGROUND
Amazon Web Services (AWS) submitted an application to construct and operate a data center on an industrial zoned vacant property, located on Camino Arroyo near the Gilroy Outlets. The 50-acre Gilroy Data Center project will consist of the following components to be constructed in two phases. Phase I would include the first single-story (approximately 35-foot high) data center building of approximately 218,000 square feet (Building 1), a security building, a substation/switchyard, offsite transmission upgrades to the existing Pacific Gas and Electric transmission and distribution system, potentially a future Battery Energy Storage System (Phase I BESS) of up to 50-megawatt (MW), and other utility interconnections. Phase II would include a similar single-story, 35-foothigh data center building of 218,000 square feet (Building 2) that would utilize the aforementioned utilities that would be constructed in Phase I.
The project required preparation of an Environmental Impact Report in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. On June 6, 2022, City Council awarded a contract to Circlepoint, Inc. (Consultant), in the amount of $175,000 ($158,988 plus a $16,012 contingency budget). The contract was executed on June 27, 2022. On January 8, 2024, the City Council approved a first amendment to the agreement for an additional $32,252.05 to cover costs associated with a request by AWS to include additional tasks in the EIR. The second amendment approved on November 4, 2024 increased the contract by $36,757.25 for a total contract budget of $244,009.30. The third amendment will allow the environmental contract work to conclude and bring the total contract amount to $284,462.20.
ANALYSIS
The augment request is intended to cover the projected cost to manage the project through certification of the Final Environmental Impact Report (FEIR) by the consultant as detailed below:
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Approval of a Third Amendment to the Agreement with Circlepoint, Inc. for the Gilroy Data Center Project Environmental Impact Report in the amount of $40,452.90 for a total project cost of $284,462.20 (paid by the applicant)
City of Gilroy City Council Page 3 of 3 February 24, 2025 1 9
• Ongoing project management activities, including progress reports, coordination via email and online meetings with the City, Amazon, and technical subconsultants.
• Preparation of Response to Comments: The consultant team is preparing two additional responses to comments (RTC) received to the Draft EIR. Preparation of responses to comments is a required part of the FEIR process. • The Draft EIR concludes that the project as proposed will result in significant unavoidable impacts. As a result, a supplemental document known as a Statement of Overriding Consideration (SOC) must be prepared in addition to the
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Approval of a Third Amendment to the Agreement with Circlepoint, Inc. for the Gilroy Data Center Project Environmental Impact Report in the amount of $40,452.90 for a total project cost of $284,462.20 (paid by the applicant)
City of Gilroy City Council Page 3 of 3 February 24, 2025 1 9
RTCs and comprise the FEIR. The SOC presents information related to the benefits of the project that override identified significant unavoidable impacts for consideration of the proposed project by decisionmakers. Significant unavoidable impacts identified are mitigated to the extent possible.
• Other expenses include consultant travel to participate in public outreach, certification of the FEIR and project entitlements meetings.
ALTERNATIVES
The City Council may choose not to approve the amendment to the contract.
Circlepoint, Inc. would not be able to adequately complete the FEIR for the Gilroy Data Center Project. Staff does not recommend this action.
FISCAL IMPACT/FUNDING SOURCE
Staff does not anticipate any net costs to the City as this is an applicant-paid project.
Attachments:
1. Draft Circlepoint Agreement for Services – Third Amendment
2. Circlepoint Agreement for Services – Second Amendment, November 4, 2024
3. Circlepoint Agreement for Services – First Amendment, January 9, 2024
4. Circlepoint Agreement for Services, June 27, 2022
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-1-
THIRD AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF GILROY AND CIRCLEPOINT, INC.
WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Circlepoint, Inc. entered into that certain agreement entitled Agreement for Services, effective on June 27, 2022, hereinafter referred to as “Original Agreement”; and
WHEREAS, on January 9, 2024, a First Amendment to the Original Agreement was executed between City and Circlepoint, Inc. to modify the scope of work and project cost to perform additional tasks associated with the Gilroy Data Center Environmental Impact Report (EIR); and WHEREAS, on October 21, 2024, a Second Amendment to the Original Agreement was executed between City and Circlepoint, Inc. to modify the scope of work and project cost to perform additional tasks associated with the Gilroy Data Center Environmental Impact Report (EIR); and WHEREAS, City and Circlepoint, Inc. have determined it is in their mutual interest to execute a Third Amendment to certain terms of the Original Agreement.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:
1. Article 3, Section A (Specific Services) of the Original Agreement shall be amended to include Exhibit “B-3” (“Scope of Services”).
2. Article 4, Section A (Consideration) of the Original Agreement shall be amended to include Exhibit “D-3” (“Payment Schedule”).
3. Article 4, Section A (Consideration) of the Original Agreement shall be amended to read as follows:
“In consideration for the services performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (Payment Schedule”). In no event however shall the total compensation paid to CONTRACTOR exceed $284,462.20.”
4. This Amendment shall be effective retroactively on December 30, 2024.
5. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control.
6. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [Signatures on the next page.]
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-2-
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 CIRCLEPOINT, INC.
By: By:
[signature] [signature]
Jimmy Forbis Audrey Zagazeta
[employee name] [name]
City Administrator President and CEO
[title/department] [title]
Date: Date:
Approved as to Form ATTEST:
City Attorney City Clerk
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-3-
EXHIBIT “B-3”
SCOPE OF SERVICES
1. Attend up to three more meetings with the City and Amazon to provide status updates and discuss environmental issues as they arise. Attendance at up to five meetings for the City.
2. Ongoing project management activities including monthly progress reports, coordination via email with the City, Amazon, and technical subconsultants, etc.
3. Prepare responses to comment letters received from the Carpenters Union Local 405 and the California Department of Fish and Wildlife. Circlepoint will revise the Final EIR package in response to two rounds of comments from the City.
4. Lodging and travel to and from up to five meetings in support of the Final EIR.
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-4-
EXHIBIT “D-3”
PAYMENT SCHEDULE
Consultant will reallocate funds within the existing budget and receive $40,452.90 in additional funds, for a total contract amount of $284,462.20
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City of Gilroy
STAFF REPORT
Agenda Item Title: Adopt a Resolution of the City Council of the City of Gilroy Declaring Weeds a Nuisance
Meeting Date: February 24, 2025
From: Jimmy Forbis, City Administrator
Department: Fire Development
Submitted By: Scot Smithee, Fire Department Director
Prepared By: Jonathan Crick, Fire Marshal
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Adopt a resolution declaring weeds and accumulated refuse a nuisance in order to commence the 2025 weed abatement process 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 21, 2025, for a public hearing of the list of properties subject to abatement. The list created for the 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 weed abatement services for ten cities in Santa Clara County and the unincorporated areas of Santa Clara County. Pursuant to an updated agreement signed
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Adopt a Resolution of the City Council of the City of Gilroy Declaring Weeds a Nuisance City of Gilroy City Council Page 2 of 4 February 24, 2025 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, 2025 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 $105.
If a site is abated by the May 15, 2025 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; 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, 2025 abatement deadline. After May 15, 2025, 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 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 ($105), the failed inspection fee ($597), and the cost incurred by the abatement contractor, which is based primarily on the square footage of
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Adopt a Resolution of the City Council of the City of Gilroy Declaring Weeds a Nuisance City of Gilroy City Council Page 3 of 4 February 24, 2025 the site, as well as the abatement oversight cost ($961). If a warrant is required, the fee is $1,323.
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 2022,166 for 2023, 154 for 2024 and 129 for 2025.
Key dates associated with this year’s program are as follows:
February 24, 2025 City Council Resolution of Public Nuisance March 17, 2025* County Notification to Listed Property Owners April 21, 2025 Public hearing to consider List of Properties requiring abatement May 1, 2025* County Notification of Abatement Deadline
May 15, 2025 Abatement Deadline
May 30, 2025* County conducts initial inspections
June 13, 2025* Extended Deadline for non-WUI properties only August 4, 2025* 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 the City Council pass a resolution declaring weeds and accumulated refuse to be a public nuisance. Chapter 12 further requires that the 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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Adopt a Resolution of the City Council of the City of Gilroy Declaring Weeds a Nuisance City of Gilroy City Council Page 4 of 4 February 24, 2025
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 the topic of weed abatement, in coordination with the Communication and Engagement Office. 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 21, 2025. In addition, a report of the property assessments will be presented to the City Council at a public hearing on August 4, 2025. 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. 2025 Gilroy Commencement Report (Property List)
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1 RESOLUTION NO. 2025-XX
RESOLUTION NO. 2025-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 21st of April 2025, 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,
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2 RESOLUTION NO. 2025-XX
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.
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 24th day of February 2025 by the following roll call vote:
APPROVED:
______________________________
Greg Bozzo, Mayor
ATTEST:
Beth Minor, Interim City Clerk
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City of Gilroy
STAFF REPORT
Agenda Item Title: Adoption of the Amended 2025 City Roster of County, Regional, and Statewide Bodies
Meeting Date: February 24, 2025
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 amended 2025 City Roster of County, Regional, and Statewide Bodies.
BACKGROUND
At the December 9, 2024 regular meeting of the Gilroy City Council, the initial appointments list of Council Members to regional boards and commissions was approved. On January 6, 2025, the Mayor made additional appointments, affirmed by the City Council. Attached to this staff report for Council adoption is the updated Appointments List, based on Council’s prior actions.
ALTERNATIVES
Council may modify or reject the list of appointments.
FISCAL IMPACT/FUNDING SOURCE
None.
PUBLIC OUTREACH
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Adoption of the Amended 2025 City Roster of County, Regional, and Statewide Bodies City of Gilroy City Council Page 2 of 2 February 24, 2025 This item was included on the publicly posted agenda for this meeting.
Attachments:
1. 2025 City Roster of County, Regional, and Statewide Bodies
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City of Gilroy
STAFF REPORT
Agenda Item Title: Consider the Adoption of a Resolution Declaring an Intent to Transition from an At-Large Election System
to a District-Based Election System Pursuant to
California Elections Code Section 10010, with the
Transition Taking Effect in time for the November
2026 and 2028 Elections
Meeting Date: February 24, 2025
From: Jimmy Forbis, City Administrator
Andy Faber, City Attorney
Department: Administration
Submitted By: Andy Faber, City Attorney
Prepared By: Andy Faber, City Attorney
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Given that this matter concerns the way in which City Councilmembers are elected to their four-year terms, there is no staff recommendation.
BACKGROUND
The City of Gilroy (“City”) currently has an at-large election system, where each of the City's six Councilmembers are elected to staggered four-year terms by voters throughout the City. The mayor is also elected at-large to a four-year term.
1. Letter Alleging Violation of the CVRA.
On December 16, 2024, the City received a letter from attorney Kevin Shenkman of Shenkman & Hughes in Malibu, California ("Plaintiffs' Counsel") -on behalf of his client the Southwest Voter Registration Education Project- alleging that the City is in violation of the California Voting Rights Act ("CVRA") because the City elects its Councilmembers at-large, and that the City's elections are characterized by racially
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Resolution for District Elections (Placeholder Title)
City of Gilroy City Council Page 2 of 6 February 24, 2025 polarized voting. Racially polarized voting occurs where there is a sufficient/ significant correlation between the race or ethnicity of voters and those voters' choice of candidates or other electoral choices, as compared to the choice of candidates or electoral choices preferred by the rest of the electorate. Plaintiffs' Counsel's letter demands that the City immediately transition from an at-large elections system to a district-based one. As noted above, the City currently has an at-large election system, where each of the City’s six Councilmembers are elected by voters throughout the City.
A district-based election system is one in which the City is divided into separate districts, each with one Councilmember who resides in that district and who is elected only by voters residing in that district. There are two district-based options to consider:
the creation of six districts and the retention of the at-large mayor position; or, the creation of seven districts where one of the City Councilmembers serves as mayor on a rotating basis.
Should the City decline to transition voluntary to a district-based system under the Safe Harbor Provisions of the Cal. Elections Code, Plaintiffs' Counsel threatens legal action against the City in the form of a civil action brought in the state court to compel districtbased elections. If a plaintiff is successful in compelling the imposition of districts by the state court, the plaintiff is entitled to attorneys' fees from the public entity. If a city or other public entity is successful in defending against the claim, there is no corresponding entitlement to attorney's fees.
2. The CVRA Rubric/ Violations of the CVRA
The CVRA was signed into law in 2002, and only applies to jurisdictions like the City that utilize an at-large election method where voters of the entire jurisdiction elect each of the members of the City Council. The CVRA prohibits an at-large method of election that impairs the ability of a protected class to elect candidates of their choice or their ability to influence the outcome of an election. The impairment occurs where there is racially polarized voting – that is, when voters' candidate or other electoral choices correlate in a statistically significant way with the race or ethnicity of the voter. The correlation makes it more difficult for members of racial or ethnic minorities to elect candidates of their choice as there is potential vote dilution in an at-large electoral system.
Given the statutory language and the way in which the California courts have interpreted that language, defending these claims is difficult. . Some level of racially polarized voting is not uncommon in California or anywhere in the country for that matter; people of one race or ethnic group might be more likely – in a statistically significant mathematical correlative sense - to vote for one candidate or electoral choice over another. One might be able to demonstrate similar correlations by gender, socioeconomic position, religion, etc., but the Legislature has designated racial polarization as the one that results in a CVRA violation.
Indeed, the law’s intent was to significantly expand protections against vote dilution over those provided by the Federal Voting Rights Act of 1965 (“FVRA”). Compared with the
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Resolution for District Elections (Placeholder Title)
City of Gilroy City Council Page 3 of 6 February 24, 2025 FVRA, it is easier for plaintiffs to prove a violation of the CVRA against public entities.
Under the CVRA, proof of intent on the part of voters or elected officials to discriminate against a protected class is not required. The Legislature also mandated that those who mount a successful challenge under the CVRA recover their attorneys' fees.
Furthermore, a violation of the CVRA (but not the FVRA) can exist even if it would not be possible through districting to create one or more “majority-minority” districts.
As a result, cities, school districts, and numerous other special districts throughout the State of California have faced legal challenges to their at-large electoral systems under the CVRA. The cases are complex and expensive to bring and to defend. Those jurisdictions that have opposed CVRA transition in court have lost and had a districtbased electoral system imposed upon them; they also have been ordered to pay many millions of dollars in attorneys' fees in addition to paying their own attorneys' bills for defending against the claims. Seven figure amounts are common: both the Cities of Santa Clara and Palmdale paid $4.5 million dollar settlements; the City of Modesto paid a $3 million settlement; and the City of Anaheim paid a $1.1 million dollar settlement.
These amounts do not include these jurisdictions' costs for their own lawyers and expert witnesses. Further, these jurisdictions lost control over the districting process and had district maps imposed on them by the plaintiffs and/ or the courts.
3. The CVRA's Safe Harbor Provision
In response to the substantial costs imposed upon cities and other public agencies in the defense of CVRA suits, in 2016, the California Legislature amended the Elections Code (AB 350) to simplify the process of converting to district-based elections. It provided a “safe harbor” process to protect agencies and allow them to change voluntarily their electoral systems in exchange for a capping of fees and costs available to plaintiffs demanding the change.
Most jurisdictions that have faced such a legal challenge since 2017 have taken advantage of the CVRA’s safe-harbor process of transitioning from at-large to districtbased election systems.
A plaintiff and their lawyer wishing to challenge an at-large electoral system must send a “demand letter” to the public agency before filing any action in court. As noted above, the City received such a letter on December 16, 2024. Under the CVRA, the City had 45 days to pass a resolution proclaiming its intent to transition from at-large elections to district-based elections, outlining the steps it will take to fully facilitate the entire transition, and the estimated timeframe to complete the transition. Because the letter was received right before the holidays, the City negotiated an extension of that 45-day deadline to February 28, 2025. While the City does not believe it is in violation of the CVRA and is confident that its minority populations have been well-represented in the current at-large system, the City is also well aware of the risks inherent in fighting a CVRA lawsuit.
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Resolution for District Elections (Placeholder Title)
City of Gilroy City Council Page 4 of 6 February 24, 2025 If the City does not pass such a resolution before the deadline, the plaintiff can file suit to compel the City to make the change to district-based elections. Should the City pass such a resolution before the deadline, then the CVRA plaintiff may not file any action with the court for 90 days after the adoption of the resolution (Elec. Code § 10010, subd. (e)(3)), which gives the City the time to make the transition from at-large to district-based elections. By way of example, were the City to pass this resolution at the February 24, 2025, meeting, it must complete the transition to district-based elections by May 27, 2025.
Successful completion of this process under the Safe Harbor Provision also limits the fees and costs that might be available to the Plaintiffs' Counsel should they file suit. In fact, the City’s liability is capped at approximately $37,500 in Plaintiffs' attorney's fees and expert costs, assuming the City meets the safe harbor deadlines.
4. The Transition Process under the Safe Harbor Provision The transition process from at-large to district-based elections requires that the City comply with the dictates of Cal. Elections Code Section 10010, which provides the process rules for the transition. The City must hold at least five Public Hearings to take public input, to present draft maps, and to decide the order of elections under the new district-based system as explained in more detail below. At least one of the public hearings must be on a Saturday or after 6:00 p.m. on a weekday. The entire process of creating, and the eventual selection of, district maps is a transparent one, where public input is sought, encouraged and welcomed. If the City embarks on the transition process, the City will host a webpage dedicated to the transition to district-based elections, and all information gathered in the process will be posted to that webpage.
This will include all staff reports, resolutions, ordinances, draft maps, public feedback and eventually, the final ordinance and adopted map, plus detail on the final order of district elections for Gilroy. City residents will also be able to participate in map drawing using on-line map drafting tools.
The first two hearings, Public Hearing 1 & 2, are for the purpose of taking public input on the potential contours of the six (or seven) districts that will be drawn and selected and will include presentations about the districting process by the demographer. The public is invited to learn about the process and to provide input on what and where the various “communities of interest” exist in the City of Gilroy, and upon the composition of the districts before any maps are drawn. Communities of interest are what connects people, be it by geography or natural features, by commercial districts or roadways, by other interests, by proximity to schools or school districts, etc. Those first two hearings must occur within 30 days of the adoption of the City Council Resolution of Intent.
The purpose of the second two public hearings, Public Hearings 3 & 4, is to present and discuss draft districting maps. The demographer will have collected the information provided in public comments at Public Hearings 1 & 2 and will use that testimony to draw draft maps, keeping communities of interest together where possible. In drawing the draft maps, the demographer will utilize sound demographic principles in an attempt
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Resolution for District Elections (Placeholder Title)
City of Gilroy City Council Page 5 of 6 February 24, 2025 to create compact and contiguous districts that are logical and make sense. District maps must be prepared in compliance with state and federal requirements, including the consideration of communities of interest, natural geographical boundaries, and the “one person, one vote” standard, which requires that all voting districts be as equal in population as possible. (Elec. Code § 21601.) The City Council also may consider draft maps drawn by City residents using map-drafting tools, so long as those maps comply with the relevant drafting principles.
Any maps to be presented at Public Hearings 3 or 4 will be available on the City's website for at least seven days. The demographer will present one or more draft maps for review and discussion by the Council and the public at Public Hearings 3 & 4. The map presentation process need not be completed in two meetings if the Council wants to continue to review draft maps.
Finally, the fifth and final Public Hearing is to allow the City Council to select a draft map as the final map, and to take testimony on and decide the issue of which of the three (or four) new districts will be on the ballot in November of 2026, and which will be on the November 2028 ballot as the four-year terms for the six (or seven) City Councilmembers are staggered. This decision must be made in "the spirit of the CVRA." The districting process will have no impact on the length of any current Councilmember's or the Mayor’s term. All who were elected at large finish out their atlarge terms.
FISCAL IMPACT/FUNDING SOURCE
The City of Gilroy must retain the services of a demographer to successfully transition to district elections. The cost of such services is $45,000 to $50,000. The City also must retain outside legal counsel to assist in the transition from at-large to district-based elections, the cost of which will be $35,000 – 45,000. Lastly, it is contemplated that Shenkman & Hughes, the author of the letter received on December 16, 2024, will send an invoice to the City at the end of the transition process as allowed under the CVRA for fees and costs associated with the investigation that gave rise to the letter received on December 16, 2024 – usually for the services of a demographer and also attorneys' fees. The amount of that invoice is capped by the statute at approximately $37,500 if the City meets the CVRA time limits. The total anticipated cost will range from $117,500 to $132,500 and would be paid from the City’s General Fund (100). Should the Council adopt the Resolution of Intent, staff will proceed with engaging the demographer and outside legal counsel and the funding would be accommodated within the existing appropriations in FY25 as typically there are year-end savings.
ENVIRONMENTAL REVIEW
None.
PREVIOUS COUNCIL CONSIDERATION
None.
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Resolution for District Elections (Placeholder Title)
City of Gilroy City Council Page 6 of 6 February 24, 2025 Attachments:
1. Resolution of Intent
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RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
DECLARING ITS INTENTION TO TRANSITION FROM AN AT-LARGE
ELECTION SYSTEM TO A DISTRICT-BASED ELECTION SYSTEM
PURSUANT TO CALIFORNIA ELECTIONS CODE 10010
WHEREAS, the City of Gilroy ("the City") is a Charter City with six elected members of the City Council elected to staggered four-year terms, and an elected mayor who also serves a four-year term; and
WHEREAS, the City Council is charged with managing the City's affairs, setting City policy, and adopting ordinances and resolutions necessary for efficient governmental operations; and
WHEREAS, members of the City Council and Mayor are currently elected to staggered four-year terms in “at-large” elections in which each City Councilmember and the Mayor are elected by the registered voters of the entire City; and WHEREAS, California Government Code Section 34886, in certain circumstances, authorizes the legislative body of a city of any population to adopt an ordinance to change its method of election from an at-large system to a district-based system or district-based system with an elected mayor in which each Councilmember is elected only by the registered voters in the district in which the candidate resides; and
WHEREAS, the City desires that its electoral system be fair and representative and provide the opportunity for all City residents to elect candidates of their choice to the City Council, and
WHEREAS, the City through its City Council and Mayor believes that a move to district-based City Council elections will enhance the opportunity for all City residents, including minority groups, to elect candidates of their choice in fair and representative elections; and
WHEREAS, on December 16, 2024, the City received a letter from attorney Kevin Shenkman asserting that the City’s at-large City Councilmember electoral system violates the California Voting Rights Act (“CVRA”); and WHEREAS, the City of Gilroy denies that its current at-large electoral system violates the CVRA or any other law in any aspect, and asserts that its current at-large system is fair and representative in all respects; and
WHEREAS, the City intends to make this transition from an at-large electoral system for members of the City Council to a district-based system in accordance with
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Resolution No. 2025-XX
Resolution of Intent – Districting
City Council Regular Meeting | February 24, 2024
the procedural rules outlined in Government Code Section 34886 and Elections Code 10010, and intends to do so within 90 days unless that time is extended; and WHEREAS, the City will work with an experienced demographer to assist the City in making the transition to district-based elections to elect members of the City Council; and
WHEREAS, the City will hold at least two public hearings within 30 days of the adoption of this resolution, the purposes of which are: (1) to hear presentations on both the CVRA and the move to district-based elections for members of the City Council; (2) to receive public input about the City in terms of communities of interest and the contours of districts; and, (3) to assist both the City Council and the City's demographer in understanding what district boundaries might make sense; and, (4) to explain to City residents the rules and parameters regarding drawing districts that comply with both state and federal election law; and
WHEREAS, these first hearings will occur and public input be received before the demographer draws any maps for consideration of the City Council; and WHEREAS, there is no limitation as to the number of public hearings or meetings the City may hold for the purpose of receiving input from City residents; and WHEREAS, the City will then hold at least additional two public hearings at which the demographer will present draft maps drawn in accordance with both state and federal law and which take into account public input received at the first two public input hearings; and
WHEREAS, at least one of these hearings of the two to collect public input and the two to present draft maps will be held after 6:00 p.m. on a weekday or on a Saturday; and
WHEREAS, any draft maps of new electoral districts presented for consideration at these additional public hearings will be published on the City's website and available for public release and review at least seven days before any hearing to consider those maps; and
WHEREAS, once the City Council has selected a draft map or is further along in the draft map process, the City will take public input at its public hearings on draft maps regarding the proposed sequence of elections, because given the City's staggered elections for City Council three new districts will be on the ballot in November of 2026 and the other three will be on the November 2028 ballot; and WHEREAS, in making the determination as to the order of elections, the City Council will do so in furtherance of “the spirit of the CVRA”; and WHEREAS, at a fifth or final meeting, the City Council will select one of the draft
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Resolution No. 2025-XX
Resolution of Intent – Districting
City Council Regular Meeting | February 24, 2024
maps and set the order of elections.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby finds and resolves as follows:
1. The above recitals are true and correct and are incorporated herein by this reference.
2. The City Council hereby resolves, pursuant to Elections Code Section 10010, to bring the transition to a district-based election system for members of the City Council by ordinance as authorized by California Government Code Section 34886, for use in the City's Municipal Election for City Councilmembers in November 2026 and November 2028, and intends to do so within 90 days of this resolution absent an extension.
3. The City Council further resolves to retain a qualified demographer and to hold at least five public hearings for public input, with the first two hearings being for the purpose of public input on communities of interest and how maps should be drawn, with at least two more hearings at which draft maps will be presented. Any map that the City Council will consider will be published on the City's website and available to the public at least seven days in advance of that hearing. In these later hearings, the City Council will also receive public input on the sequence of elections to further the purposes of the CVRA. The City will publicly release a draft schedule of the public hearings in advance, within a reasonable timeframe from this Resolution, and post the same on its website.
4. At a fifth or final meeting, the City Council will select a map, and also set the order of elections in 2026 and 2028 in the spirit of the CVRA.
5. Working with the demographer, staff is directed to publicize relevant maps, information, notices, agendas and other materials regarding district-based elections and to establish means of communication to answer questions from the public.
6. All public hearings shall be noticed on the City's website, and in addition, as follows: posting on the City's website at least 7 calendar days in advance of the hearing and publication at least 7 days in advance of the hearing by means contemplated to provide notice to City residents including publication in local newspapers or other means; at least one of the CVRA hearings will occur on a Saturday or after 6 pm on a weekday.
7. The City will adopt a proposed schedule to complete the transition from an at-large elections system to a district-based elections system. The currently proposed schedule of the required public hearings is as follows.
This schedule may be changed or augmented by future Council action.
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Resolution No. 2025-XX
Resolution of Intent – Districting
City Council Regular Meeting | February 24, 2024
Date Event
March 3, 2025 Public Hearing No. 1
March 17, 2025 Public Hearing No. 2
April 7, 2025 Public Hearing No. 3
April 21, 2025 Public Hearing No. 4
May 5, 2025 Public Hearing No. 5
1. The City Administrator is authorized to take any and all other necessary actions to give effect to this Resolution.
2. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this 3rd day of March, 2025 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Greg Bozzo, Mayor
ATTEST:
_______________________
Beth Minor, Interim City Clerk
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Resolution No. 2025-XX
Resolution of Intent – Districting
City Council Regular Meeting | February 24, 2024
CERTIFICATE OF THE CLERK
I, BETH MINOR, Interim City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2025-XX is an original resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, February 24, 2025, with a quorum present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Date.
____________________________________
Beth Minor
Interim City Clerk of the City of Gilroy
(Seal)
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City of Gilroy
STAFF REPORT
Agenda Item Title: Introduction of an Ordinance Approving a Zoning Map Amendment Application to Rezone an
Undeveloped Property (APN # 810-23-005) to
Residential Hillside, Consistent with the 2040 General
Plan Hillside Residential Land Use Designation (Z 22-
03), and Adopt a Resolution Approving a Tentative
Map Application to Subdivide an Approximately
37.54-Acre Site into 54 Single-Family Residential Lots
(TM 22-02)
Meeting Date: February 24, 2025
From: Jimmy Forbis, City Administrator
Department: Community Development
Submitted By: Sharon Goei, Community Development Director Prepared By: Melissa Durkin, Extra Help Planner
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
a) Adopt, by resolution, the Mitigated Negative Declaration prepared for the Ren Fu Villa Residential Project, dated January 2025.
b) Motion to read the ordinance by title only and waive further reading (Z 22-03). c) Introduce an ordinance of the City Council approving Zoning Amendment application Z 22-03 to redesignate a 37.5-acre site from Agriculture (A1) Zone to Residential Hillside (RH) Zone, consistent with the 2040 General Plan. d) Adopt a resolution approving Tentative Map application TM 22-02 to subdivide the property into 54 single family residential lots.
BACKGROUND
Project Description: The project consists of a proposed Zoning Map amendment (Z 22- 03) to rezone a 37.5-acre undeveloped property (APN # 810-23-005) from Agriculture (A1) to Residential Hillside (RH), consistent with the 2040 General Plan Hillside
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Zoning Map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03), and a Tentative Map application to subdivide an approximately 37.54-acre site into 54 single-family residential lots (TM 22-02)
City of Gilroy City Council Page 2 of 25 February 24, 2025 1 9
Residential land use designation, and a Tentative Map (TM 22-02) to subdivide the subject property into 54 residential lots. The subject property (APN # 810-23-005) is located south of Santa Teresa Boulevard and north/northeast of Miller Avenue. The parcel is undeveloped, and currently contains vegetation, a pond, creek and creek bed, debris, and storage containers. Surrounding land uses include residential uses to the north, east, and south, and a church to the east. Future applications would be submitted to construct a detached single-family residence on each lot. The project would also include a private club house that would be located on the western side of the site. The project would construct new streets, utility lines, and parking for the proposed residences. The existing creek and pond located in the central portion of the site would be preserved in place. No architectural plans are proposed at this time. Future development of the individual lots will be processed through an Administrative Architectural and Site Review application in accordance with City Code. The private club house will require a Conditional Use Permit, unless otherwise allowed through an approved Planned Unit Development, or unless otherwise allowed by City Code.
General Plan 2040 Land Use Designation: On November 2, 2020, the City Council adopted the 2040 General Plan and Land Use Diagram. The Land Use Diagram changed the subject site’s General Plan land use designation from Rural Residential to Hillside Residential based on the predominant surrounding land use designation of Hillside Residential, the slope of the subject property, and its riparian characteristics. The Hillside Residential land use designation allows from less than one and up to four dwelling units per acre.
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Zoning Map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03), and a Tentative Map application to subdivide an approximately 37.54-acre site into 54 single-family residential lots (TM 22-02)
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Agricultural Impacts/Agricultural Mitigation Policy: In 2004 (amended 2016), the City adopted an Agricultural Mitigation Policy with specific criteria and guidelines to enable the continued viability of agriculture and agri-tourism in the Gilroy area. The policy requires mitigation of impacts to land that the State Department of Conservation has designated “Prime” Farmland or lands of “Statewide Importance” and which has been deemed to have a significant agricultural impact based on the Land Evaluation and Site Assessment Model, as administered through the California Environmental Quality Act (CEQA) review process. The adopted and certified 2040 General Plan Environmental Impact Report includes a section on agricultural resources and notes that lands in the Agricultural (A1) Zoning District are expected to be urbanized in accordance with the General Plan.
The project site is currently zoned A1. However, the site is not designated as “Prime” Farmland or land of “Statewide Importance” by the State Department of Conservation and is therefore not subject to the Agricultural Mitigation Policy, illustrating that the project site does not support agricultural uses.
Housing Accountability Act. As a housing development project proposing more than one residential unit, the Housing Accountability Act (HAA) (Government Code Section 65589.5) limits the City’s ability to “deny, reduce the density for, or render infeasible” the project unless the project: (1) is found to be in violation of an objective general plan/zoning standard; or (2) will result in a specific adverse impact to public health and safety. While
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Zoning Map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03), and a Tentative Map application to subdivide an approximately 37.54-acre site into 54 single-family residential lots (TM 22-02)
City of Gilroy City Council Page 4 of 25 February 24, 2025 1 9
conditions and requirements may be applied to further applicable goals, policies, and strategies – any conditions and requirements not based on objective standards may not make the project infeasible or reduce the number of units. Under the HAA an objective standard is one that involves “no personal or subjective judgment by a public official and [is] uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.”
Planning Commission Recommendation: On January 16, 2025, the Planning Commission held a public hearing for Zoning Map Amendment Z 22-03 and Tentative Map application TM 22-02. The Planning Commission received public comments related to utility connection locations, grade levels, retaining wall locations, emergency service access and sidewalk connections.
The Planning Commission took the following actions on this project:
1. Voted 5-1 to recommend that the City Council adopt the mitigated negative declaration prepared for the project in accordance with the California Environmental Quality Act (CEQA).
2. Voted 5-1 to recommend that the City Council adopt an ordinance approving Zoning Map Amendment Z 22-03.
3. Voted 5-1 to recommend that the City Council approve Tentative Map application TM 22-02, subject to the findings, conditions, and mitigation measures in the draft resolution.
ANALYSIS
1) GENERAL PLAN CONSISTENCY: The proposed Zoning Map Amendment (Z 22-03) and Tentative Map application (TM 22-02) are consistent with the goals and policies of the General Plan, as discussed below:
POLICY #, TITLE AND SUMMARY CONSISTENCY ANALYSIS
Gilroy 2023-2031 Housing Element
Housing Element Goal 1 (Housing
Production). Provide adequate
residential sites to accommodate
projected housing needs and
encourage the production of a
variety of housing types.
The proposed Zoning Map Amendment and
Tentative Map application would potentially
add 54 new single-family residential units to
the City’s housing stock.
The current zoning designation is not
consistent with the Gilroy 2040 General
Plan Hillside Residential land use
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Zoning Map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03), and a Tentative Map application to subdivide an approximately 37.54-acre site into 54 single-family residential lots (TM 22-02)
City of Gilroy City Council Page 5 of 25 February 24, 2025 1 9
Housing Element Goal 2 (Removal
of Government Constraints).
Remove or reduce governmental
constraints to the development,
improvement, and maintenance of
housing where feasible and legally
permissible.
designation, acting as a constraint to the
development of housing on the subject
property as envisioned by the Gilroy 2040
General Plan. The Zoning Map amendment
shall be processed with or without the
project pursuant to Government Code
65860 (Zoning ordinances consistent with
general plan) and City Code Section
30.1.40(b) (Relationship of the Zoning
Ordinance and the general plan).
Gilroy 2040 General Plan Land Use (LU) Policies
LU 1.1 Pattern of Development
Ensure an orderly, contiguous
pattern of development that
prioritizes infill development, phases
new development, encourages
compactness and efficiency,
preserves surrounding open space
and agricultural resources, and
avoids land use incompatibilities.
LU 1.2 Residential Growth.
Encourage new residential
development to locate within the
existing Urban Service Area prior to
considering expansion of the Urban
Service Area.
LU 1.8 Vacant and Underutilized
Sites. Monitor vacant and
underutilized residential and nonresidential land to encourage infill development on those sites.
LU 1.11 Contiguous Development.
Strongly discourage development
that is not contiguous with existing
urban development.
The property will be developed in two
phases and organized in three compact
clusters to limit the amount of grading and
preserve the main biological features onsite, including the creek, pond, and associated natural flora. Detached singlefamily homes are compatible with the surrounding detached single-family homes.
The subject property is located in the City’s
existing Urban Service Area and the City’s
Urban Growth Boundary.
The subject property is currently vacant and
underutilized which has caused some
public nuisance issues including
trespassing and unhoused activity
prompting service calls to the Gilroy Police
Department.
The subject property is surrounded by
residential uses to the north, east, and
south, and a church to the east. The
property is also surrounded by Santa
Teresa Boulevard to the north and Miller
Avenue to the west and south.
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Zoning Map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03), and a Tentative Map application to subdivide an approximately 37.54-acre site into 54 single-family residential lots (TM 22-02)
City of Gilroy City Council Page 6 of 25 February 24, 2025 1 9
LU 3.2 Connectivity. Encourage
new residential development to
incorporate design features that
promote walking and connectivity
between blocks.
The project would construct new,
approximately six-foot-wide sidewalks
along the project frontage on Miller Avenue
and along the new internal roads on-site,
enhancing the existing pedestrian network
on and adjacent to the site.
LU 3.9 Hillside Development.
Minimize grading to new
developments to retain a natural
hillside setting. Clustered dwelling
units in hillside areas shall be
encouraged. Encourage roadways
that pass through subdivisions and
individual sites in hillside areas to be
designed to preserve the ecological
and scenic character of the hillsides.
The project would redevelop the hillside
area between Miller Avenue and Santa
Teresa Boulevard with low-density housing,
consistent with the site’s General Plan
designation. This development would be
organized in three clusters to preserve the
main biological features on-site including
the creek, pond, and associated natural
flora, avoid development within most of the
riparian setback areas and get an exception
for any encroachment, consistent with the
Habitat Plan.
The project would comply with the design
and siting criteria specified in the
Residential Hillside Zoning District
regulations and in the City’s adopted
Hillside Development Guidelines by
minimizing alterations to existing contours,
maintaining as many existing trees as
feasible, using colors and materials
compatible with the surrounding landscape,
and complying with the City’s street
standards. In addition, the project would
undergo the Architectural and Site Review
process to ensure impacts to the scenic
character of the site and surrounding area
are limited to the extent feasible.
LU 3.11 Noise Mitigation Design.
When requiring noise impact
mitigation as a part of new and/or
expanded development, promote the
use of techniques less visually
The project would construct a seven-foottall sound wall or equivalent feature (e.g., landscaped berm) on portions of the
northern and northeastern property
boundaries of the property. The soundwall
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Zoning Map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03), and a Tentative Map application to subdivide an approximately 37.54-acre site into 54 single-family residential lots (TM 22-02)
City of Gilroy City Council Page 7 of 25 February 24, 2025 1 9
intrusive than sound walls, including
but not limited to site design
techniques, earth berms, and sound
attenuation fencing with wood or
other materials that are more
compatible with the site and
surrounding area.
would be designed to incorporate
landscape buffers, consistent with the
requirements of the City’s Sound
Attenuation Policy. The design of the
soundwall and landscaped buffer will be
reviewed when architectural plans are
submitted for City review.
LU 6.3 Agricultural Uses within
the Planning Area. Encourage
agriculture on land designated as
“Rural County” as a compatible use
in undeveloped portions of the
Planning Area.
LU 6.7 Agricultural Mitigation.
Maintain and implement an
Agricultural Mitigation Program to
protect productive agricultural lands
outside the Urban Growth Boundary
from urban encroachment and to
establish the mitigation requirements
for loss of agricultural lands to new
development.
The property is not designated as Rural
County in the General Plan and is therefore
not intended for agricultural uses. The site
will be rezoned from A1 (Agricultural
District) to RH (Residential Hillside),
consistent with the General Plan Hillside
Residential land use designation.
The subject property is located within the
Urban Growth Boundary and is not subject
to the City’s Agricultural Mitigation Policy
because the site is not designated as Prime
Farmland or Farmland of Statewide
Importance, further illustrating that the
subject property is not intended to be
preserved for agricultural uses.
LU 8.6 Utility Undergrounding.
Proceed with the undergrounding of
existing overhead utility lines
throughout the city, as funding
allows, and require undergrounding
of utilities in all new developments.
The existing overhead electrical lines would
be undergrounded to provide service to the
new residential units. The undergrounding
will also improve the aesthetic character of
the project and surrounding area.
LU 8.8 Clustered Development.
Encourage clustered development
as a strategy for achieving desired
densities while protecting fragile
environmental habitats or natural
features creating amenity open
spaces and achieving other
community design goals.
The residential development on-site would
be organized in three compact clusters to
limit the amount of grading required and
preserve the main biological features onsite, including the creek, pond, and associated natural flora.
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Zoning Map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03), and a Tentative Map application to subdivide an approximately 37.54-acre site into 54 single-family residential lots (TM 22-02)
City of Gilroy City Council Page 8 of 25 February 24, 2025 1 9
Gilroy 2040 General Plan Mobility (M) Policies
M 1.4 Residential Traffic. Protect
residential streets from excess
traffic.
M 1.10 Private Streets. Require
private streets to function similar to
public streets. Private streets shall
include sidewalks, street trees, and
promote connectivity.
M 5.1 Standard Level of Service
(LOS). Maintain traffic conditions at
LOS C or better at Gilroy
intersections and roadways, allowing
some commercial and industrial
areas (e.g., downtown Gilroy, First
Street corridor) to operate at LOS D
or better. Existing LOS D areas
within City include the Gilroy
Premium outlets, Gilroy Crossings,
and Regency Commercial areas.
Exceptions to this standard will be
allowed only where the City Council
determines that. the improvements
needed to maintain the City’ s
standard level of service at specific
locations are infeasible.
The project would construct new,
approximately six-foot-wide sidewalks
along the project frontage on Miller Avenue
and along the new internal roads on-site,
enhancing the existing pedestrian network
on and adjacent to the site. The applicant
shall also install new curb and gutter as part
of the project. The applicant shall plant
street trees along the project frontage to
match the City of Gilroy’s Street Tree Plan.
The environmental analysis for the project
studied existing, project level and
cumulative traffic conditions at three
intersections located at Miller Avenue and
Santa Teresa Boulevard (roundabout),
Thomas Road and Santa Teresa Boulevard
(signalized), and Thomas Road and Mesa
Road (unsignalized). The results of the
intersection Level of Service (LOS) analysis
show that all of the study intersections
currently operate and are projected to
continue to operate at acceptable levels of
service during the peak hours with the
project under all study conditions.
Therefore, the proposed project would not
have an adverse LOS effect on any of the
study intersections. LOS is a description of
traffic flow from the driver’s perspective
based on factors such as speed, travel time,
delay, and freedom to maneuver.
Gilroy 2040 General Plan Natural and Cultural Resources (NCR) Policies NCR 1.1 Habitat Plan Compliance.
For all covered activities throughout
the city, comply fully with permit
conditions of the Santa Clara Valley
Habitat Plan. This will protect natural
The project shall comply with all applicable
Habitat Plan conditions to reduce impacts to
sensitive natural communities on-site. In
addition, the project would pay land cover
fees for all affected land cover types,
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Zoning Map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03), and a Tentative Map application to subdivide an approximately 37.54-acre site into 54 single-family residential lots (TM 22-02)
City of Gilroy City Council Page 9 of 25 February 24, 2025 1 9
resources by minimizing impacts on
sensitive natural communities and 18
covered species, facilitating wildlife
movement, and establishing stream
setbacks and buffers. Associated
permit fees will be used for reserve
system preservation, habitat
enhancement and restoration, and
adaptive management and
monitoring.
including specialty impact fees for impacts
to mixed riparian woodland and forest,
seasonal wetland, serpentine bunchgrass
grassland, and serpentine rock outcrop land
cover types. Payment of these fees would
contribute to the Habitat Plan’s
conservation program, which includes
habitat acquisition, restoration,
preservation, and management targeted at
these sensitive habitat types in the region.
NCR 1.2 Stream Protection. In
concert with the Habitat Plan, protect
the ecological, aesthetic, and
recreational value of the streams that
flow through the Gilroy Planning
Area. Areas required for riparian
setbacks shall be dedicated to Valley
Water in fee or easement, or
incorporated into private open space
to be preserved and maintained by
future development projects. Access
to streams should be of sufficient
width to accommodate trails, flood
control access, and protection of
riparian habitat.
Babbs Canyon Creek is classified as an
intermittent stream with a short hydroperiod
and shallow depth of water during the wet
season. Another unnamed creek that is a
tributary to Babbs Canyon Creek runs along
the northern boundary of the site. The
manmade pond in the center of the site is
fed by Babbs Canyon Creek and drains
through coastal and valley freshwater
marsh habitat areas that are associated
with Babbs Canyon Creek. For Category 2
streams, including Babbs Canyon Creek
and its tributaries on the project site, the
Habitat Plan requires a setback of 35 feet
from the top of bank, or, if riparian habitat is
present, 35 feet from the riparian edge. The
setback is applicable to all proposed project
components including the new residential
units, clubhouse, streets, parking area, and
other structures. The only project
component allowed in a riparian setback
area would be the proposed sidewalks,
which are exempt from the setback
requirements. Once the design of the
residences and club house on-site is
finalized, the project would undergo the
Architectural and Site Review process to
ensure that all design features and
construction activities are consistent with
the requirements and procedures outlined
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Zoning Map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03), and a Tentative Map application to subdivide an approximately 37.54-acre site into 54 single-family residential lots (TM 22-02)
City of Gilroy City Council Page 10 of 25 February 24, 2025 1 9
in the Habitat Plan and the Guidelines and
Standards for Land Use Near Streams,
where applicable.
NCR 1.3 Riparian Setbacks.
Riparian setback areas shall be
required of all new development,
consistent with the requirements of
the Habitat Plan and other City
regulations. Exceptions to the
riparian setbacks requirements may
be allowed in a minority of cases,
with the approval of the City Council,
consistent with the Habitat Plan.
The project would result in permanent
impacts to 0.47 acre of the riparian setback
areas on-site. However, 0.04 acre of that
would include the new sidewalks, which are
an allowable use within riparian setbacks
under the Habitat Plan. The remaining
encroachment, approximately 0.43 acre,
would result from development of the
residential lots, whose margins overlap the
setback boundary at various locations
throughout the site. To develop within these
encroachment areas, the project would
apply for an exception to the Habitat Plan
requirements.
However, to minimize encroachment into
the riparian setback, the applicant modified
the site plan / tentative map to include a
riparian easement for any riparian setback
area that encroaches into a proposed
property line for the individual residential
lots, thereby reducing the encroachment to
only the sidewalk areas that are allowed to
encroach.
With implementation of mitigation measure
MM BIO-2, the project would compensate
for the encroachments into the riparian
setback area on-site by enhancing portions
of the abundant riparian setback areas
remaining on-site.
NCR 1.4 Plant and Wildlife
Habitats In concert with Habitat Plan
requirements, preserve important
plant and wildlife habitats, including
streams and riparian habitats, wildlife
movement corridors, heavily
Special-status plant surveys were
completed on-site and determined that
special-status plants are not present on-site
and would not be significantly impacted by
the project.
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Zoning Map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03), and a Tentative Map application to subdivide an approximately 37.54-acre site into 54 single-family residential lots (TM 22-02)
City of Gilroy City Council Page 11 of 25 February 24, 2025 1 9
vegetated hillside areas, unique
ecosystems (such as oak woodlands
and serpentine substrates), and
significant nesting/denning sites for
native wildlife.
The project site does not support regionally
important dispersal movement by large,
mobile wildlife species, therefore, no
significant impacts on wildlife movement
would result from the project. Agricultural
and urban development over the last
century have curtailed cross-valley
movement near the project site. While
riparian habitat is present on-site, it lacks
direct connectivity (both terrestrial and
hydrological) to larger, more diverse
riparian corridors in the region. Based on
these factors, it does not currently function
as a biologically significant movement
corridor.
The proposed project has the potential to
affect small-scale, local movement by
animals that currently reside on the site and
surrounding suburban and agricultural
areas. However, this impact would not be
significant because these animals are
commonly occurring, primarily urbanadapted, and regionally abundant species.
In addition, the project would pay impact
fees pursuant to Habitat Plan requirements
which would fund the Habitat Plan’s
Reserve System. This Reserve System
would protect and enhance movement
pathways on a regional scale, including
natural communities inside and outside of
the Reserve System.
NCR 1.10 Light Pollution.
Encourage measures to limit light
pollution from outdoor sources, and
direct outdoor lighting downward and
away from wildlife habitat areas.
Parking lot and exterior light fixtures shall be
full cutoff type so that lighting is directed
downward only, prohibiting spillover light
beyond property lines, or towards the
riparian corridor on-site, or from being
directed upward into the sky.
Gilroy 2040 General Plan Public Facilities and Services (PFS) Policies
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Zoning Map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03), and a Tentative Map application to subdivide an approximately 37.54-acre site into 54 single-family residential lots (TM 22-02)
City of Gilroy City Council Page 12 of 25 February 24, 2025 1 9
PFS 1.11 Development Impact
Fees Require applicants for new
development to pay Development
Impact Fees for traffic circulation,
water, wastewater, storm water and
public facilities to offset the costs of
expanding these as detailed by the
impact fee nexus study.
PFS 3.6 Water Infrastructure
Ensure that water infrastructure is in
place or required in conditions of
approval prior to approving new
development.
The Tentative Map resolution includes a
condition of approval requiring Street Tree,
Storm, Sewer, Water, Traffic, and Public
Facilities Development Impact Fees. The
draft resolution also includes several
conditions of approval to ensure that the
project meets the needs of future residents
in the proposed development, including but
not limited to grading and drainage, utilities,
water lines and related facilities, water
quality, stormwater, and public
improvements (e.g., frontage
improvements).
2) ENVIRONMENTAL ASSESSMENT: The City of Gilroy has prepared an Initial Study for the Ren Fu Villa Residential project in compliance with the California Environmental Quality Act (CEQA) Guidelines (California Code of Regulations §15000 et. seq.) and City of Gilroy regulations and policies. The project’s proposed land use, density, and on-site development is consistent with the Gilroy 2040 General Plan and assumptions in the 2040 General Plan Environmental Impact Report (EIR), which was certified on November 2, 2020. Pursuant to CEQA Guidelines Section 15168, the environmental review for a later activity (e.g., the proposed project) is simplified because the program EIR (1) provides the basis for determining whether the later activity may have any significant effects; (2) can be incorporated by reference to deal with regional influences, secondary effects, cumulative impacts, broad alternatives, and other factors that apply to the General Plan program as a whole; and (3) focuses the analysis of the later activity solely on new effects which had not been considered before. In addition, pursuant to CEQA Guidelines Section 15183, CEQA mandates that projects which are consistent with the development density established by general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. This streamlines the review of such projects and reduces the need to prepare repetitive environmental studies.
Mitigated Negative Declaration (MND): In addition to contributing to the previously disclosed significant and unavoidable impacts in the Gilroy 2040 General Plan Final EIR, the project could result in additional significant effects on the environment; however, there will not be any significant effect in this case
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City of Gilroy City Council Page 13 of 25 February 24, 2025 1 9
because the project is subject to a Mitigated Negative Declaration (MND). The MND includes a summary of potential significant environmental impacts and the mitigation measures proposed to avoid or reduce those impacts. The 30-day public review period began on August 2, 2024 and ended on September 3, 2024. A response to public comments on the environmental documents received prior to September 4, 2024 was posted to the project website on January 6, 2025 (organization comments) and January 9, 2025 (resident comments).
Mitigation Monitoring and Reporting Program (MMRP): The City also prepared a Mitigation Monitoring and Reporting Program (MMRP) to help ensure that the designated mitigation measures are appropriately implemented during all stages of the project including future construction and project build-out. The MMRP lists the required mitigation measures, the method required for implementation, the party or permit responsible for implementing the measures, the timeframe for which the measure is relevant, and a placeholder checklist for future verification of compliance.
Mitigation Measures. The proposed mitigation measures are summarized below.
For the complete mitigation, including timing and measure details, please review the attached MMRP.
A. Biological Resources
As discussed in Section 4.4 (Biological Resources) of the Initial Study, the proposed project would not substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, or substantially reduce the number or restrict the range of a rare or endangered plant or animal with implementation of mitigation measures MM BIO-1 and MM BIO-2, and compliance with applicable standard conditions of approval and Habitat Plan policies and conditions (including Conditions 1, 3, 11, 12, 13, 16, 19, and 20).
MM BIO-1: Burrowing Owls. To minimize impacts on burrowing owls, the following measures will be implemented.
Preconstruction Surveys for Burrowing Owls. Preconstruction surveys for burrowing owls shall be conducted by a qualified biologist/ornithologist (funded by the project applicant) prior to the initiation of construction activities. The timing and location of the surveys is described in the MND and MMRP. If no suitable burrows are present, no additional surveys are required. If suitable burrows are determined
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Zoning Map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03), and a Tentative Map application to subdivide an approximately 37.54-acre site into 54 single-family residential lots (TM 22-02)
City of Gilroy City Council Page 14 of 25 February 24, 2025 1 9
to be present within 250 feet of the project impact areas, a qualified biologist/ornithologist shall conduct a second survey to determine whether owls are present in areas where they could be affected by proposed activities.
Implement Buffer Zones for Burrowing Owls. If burrowing owls are detected during the pre-activity survey, a 250-foot buffer, within which no constructionrelated activities shall be permissible, shall be maintained between construction activities and occupied burrows, during the timeframes established in the MND and MMRP.
Monitor Owls during Construction. If maintaining a 250-foot buffer around active owl burrows is not feasible, the buffer may be reduced if (1) the individual or nest is not disturbed, and (2) a qualified biologist/ornithologist develops an avoidance, minimization, and monitoring plan that is reviewed and approved by the CDFW and USFWS prior to the initiation of construction activities in the identified 250-foot buffer areas. The plan shall include the measures identified in the MND and MMRP.
The qualified biologist/ornithologist shall submit a summary report, to the City of Gilroy, that includes the findings of preconstruction surveys, identification of any required buffers, documentation of justification for any reduced buffers and a copy of the avoidance, minimization, and monitoring plan approved by CDFW and USFWS (if applicable) prior to issuance of grading or construction permits.
MM BIO-2: Compensate for Direct, Permanent Encroachment into the Riparian Setback. Direct, permanent impacts within the 35-foot riparian setback shall be mitigated on-site at a minimum 2:1 ratio (mitigation area to impact area) through enhancement of the existing riparian corridor elsewhere on the project site.
This enhancement, which shall be directed by a qualified restoration or plant ecologist (funded by the project applicant), would consist of planting or restoration of native vegetation appropriate to the site, and management of any particularly noxious occurrences of invasive plants, in a way that will enhance the structure and function of the riparian habitat. The qualified restoration or plant ecologist shall prepare a mitigation plan outlining the enhancement activities which shall be submitted to and approved by the City prior to the issuance of any construction or grading permits. The plan shall include at least three years of monitoring, following implementation of mitigation, to ensure mitigation success. The performance criteria required by this mitigation plan shall include the survival of enough planted/restored vegetation three years after implementation to ensure that enhancement has occurred at a minimum ratio of 2:1, as discussed above.
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Zoning Map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03), and a Tentative Map application to subdivide an approximately 37.54-acre site into 54 single-family residential lots (TM 22-02)
City of Gilroy City Council Page 15 of 25 February 24, 2025 1 9
B. Cultural Resources
As discussed in Section 4.5 (Cultural Resources) of the Initial Study, with the implementation of standard conditions of approval and mitigation measures MM CUL-1 and MM CUL-2, the project would not result in significant impacts to buried archaeological or cultural resources (if encountered on-site).
MM CUL-1: Prior to the commencement of construction, the applicant shall secure the services of a qualified archaeologist. The qualified archaeologist shall prepare a workforce environmental awareness program (WEAP) to instruct construction workers of the obligation to protect and preserve valuable resources.
The WEAP shall be reviewed and approved by the City’s Community Development Director, or his or her designee, prior to the issuance of construction and grading permits. This program shall be provided to all construction workers as a field training prior to the beginning of ground-disturbing activities, and shall include a discussion of applicable laws and penalties under the laws; samples or visual aids of resources that could be encountered in the project vicinity; instructions regarding the need to halt work in the vicinity of any potential archaeological and Native American resources encountered; and measures to notify their supervisor, the applicant, and the specialist(s).
MM CUL-2: Ground-disturbing activities (including, but not limited to, demolition / excavation, grading, and utility trenching) shall be monitored by a qualified archaeologist to be retained by the project applicant. The qualified archaeologist shall have authority to halt construction activities temporarily in the immediate vicinity of an unanticipated find until its significance can be assessed by the qualified archaeologist. After observing a representative sample of grounddisturbing activity with no cultural resources encountered, the archaeologist may recommend that monitoring move to a part-time or intermittent schedule by mutual agreement with the City. A summary report of the monitoring results, including any protective measures implemented (see the Cultural Resources conditions of approval at the end of the MMRP), shall be submitted to the City prior to the issuance of building permits.
C. Greenhouse Gas
As discussed in Section 4.8 (Greenhouse Gas Emissions) of the Initial Study, the project would generate a significant and unavoidable VMT impact which would also result in a significant Greenhouse Gas (GHG) impact. The project would be able to offset the GHG emissions associated with the VMT impact through implementation of mitigation measure MM GHG-1; thereby reducing its cumulative contribution to significant GHG impacts to a less than significant level.
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City of Gilroy City Council Page 16 of 25 February 24, 2025 1 9
MM GHG-1: Reduce GHG Emissions. The applicant is responsible for retaining a qualified air quality/GHG specialist to develop a GHG reduction plan to reduce GHG emissions such that the project’s GHG emissions are reduced by the emissions equivalent to those produced by the rate of VMT exceeded over the threshold. These reductions shall be kept in place by the project until the City adopts a GHG reduction plan that contains goals and associated strategy to decrease emissions in a manner consistent with meeting the State’s interim 2030 GHG emissions and long-term goals. The reduction of project GHG emissions through the retirement of carbon offset credits shall satisfy the conditions described in the MND and MMRP. The applicant shall mitigate GHG emissions resulting from project operations by purchasing and retiring the required offset credits, in accordance with the staed criteria, prior to final issuance of a building permit. To demonstrate compliance with such requirements, the applicant shall provide the following to the City’s Community Development Director, or his or her designee: (i) the protocol used to quantify and issue such carbon offset credits, (ii) the thirdparty verification report(s) pursuant to which such carbon offset credits were issued, and (iii) the unique serial numbers of the carbon offset credits to be retired to ensure that the offset cannot be further used in any manner.
D. Hazards And Hazardous Materials
As discussed in Sections 4.3 (Air Quality), 4.7 (Geology and Soils), 4.9 (Hazards and Hazardous Materials), and 4.13 (Noise) of the Initial Study, the project would implement mitigation measure MM HAZ-1 and comply with all applicable conditions of approval and General Plan policies to reduce impacts to a less than significant level.
MM HAZ-1: An Environmental Professional shall prepare a Risk Management Plan (e.g., Site Management Plan) prior to issuance of a grading permit and excavation. The Plan shall establish appropriate management practices for handling the undocumented fill, including guidelines for the reuse and disposal of these materials, and protocols to segregate the lead-impacted fill and ensure that appropriate off-site disposal is completed. This Plan shall be submitted to the City for review and approval prior to issuance of grading and construction permits.
Following completion of the excavation, a report documenting compliance with the Plan and summarizing the work completed on-site shall be prepared by the Environmental Professional and provided to the City for review and approval.
The project applicant shall also require the construction General Contractor to prepare a Health and Safety Plan (HSP) establishing appropriate protocols for working at the property and submit the HSP to the City prior to issuance of
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Zoning Map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03), and a Tentative Map application to subdivide an approximately 37.54-acre site into 54 single-family residential lots (TM 22-02)
City of Gilroy City Council Page 17 of 25 February 24, 2025 1 9
construction and grading permits. Workers conducting property earthwork activities in contaminated areas shall complete 40-hour HAZWOPER training course (29 CFR 1910.120). The General Contractor shall be responsible for the health and safety of their employees as well as for compliance with all applicable federal, state, and local laws and guidelines.
E. Transportation
As discussed in Section 4.17 (Transportation) of the Initial Study, the project would generate a significant and unavoidable VMT impact. The project would implement mitigation measure MM TRN-1 to reduce its contribution to cumulative VMT impacts in the City, but not to a less than significant level. However, the 2040 General Plan EIR was adopted with a statement of overriding considerations for VMT finding that economic, legal, and social considerations of the Gilroy 2040 General Plan outweigh the significant, unavoidable impacts on VMT.
MM TRN-1: Reduce Project VMT. The project applicant shall hire a qualified transportation consultant to develop and implement Transportation Demand Management (TDM) strategies for the project to reduce the project’s vehicle miles traveled (VMT) per capita to the extent feasible. These TDM strategies shall be implemented concurrently with the occupation of the completed residences onsite. A report summarizing the feasible TDM strategies and the plan for implementation shall be submitted to the City for review and approval prior to issuance of building permits. Documentation showing proof of implementation of the approved TDM strategies and implementation plan summarized in this report shall be submitted to the City within one year of issuance of the occupancy permit for the last residence in the final phase of development. 3) Subject Property and Surrounding Land Uses: The 37.5-acre site is presently undeveloped. The following table identifies the existing land uses and the General Plan and Zoning designations of the project site and surrounding properties.
LOCATION EXISTING LAND
USE GENERAL PLAN ZONING
Project Site Undeveloped Hillside
Residential
A1 - Agriculture
District
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Zoning Map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03), and a Tentative Map application to subdivide an approximately 37.54-acre site into 54 single-family residential lots (TM 22-02)
City of Gilroy City Council Page 18 of 25 February 24, 2025 1 9
LOCATION EXISTING LAND
USE GENERAL PLAN ZONING
North Residential uses
Glen Loma
Ranch Specific
Plan
Glen Loma Ranch
Specific Plan
South Residential uses Hillside
Residential
RH - Residential
Hillside
East Residential uses,
Church
Low Density
Residential
R1 - Single Family
Residential
West
Limited public
utility infrastructure
facilities
Hillside
Residential and
Open Space
RH - Residential
Hillside
4) Zoning Map Amendment (Z 22-03) Analysis: The project proposes a Zoning Map Amendment to rezone the property to Residential Hillside (RH). Gilroy City Code Section 30.52.40 requires findings that the rezoning would implement the Zoning Code and applicable General Plan goals and policies. As discussed earlier in this report, approval of Z 22-03 is consistent with the site’s General Plan Land Use designation of Hillside Residential, as well as all applicable General Plan goals and policies.
Furthermore, California Government Code section 65860(a) states that a city’s Zoning Ordinance shall be consistent with the city’s General Plan. Therefore, the subject property would be rezoned to Residential Hillside with or without the proposed project, as part of the planned update of the Gilroy Zoning Map and Zoning Ordinance. This is due to the requirement for consistency with the adopted 2040 General Plan Hillside Residential land use designation. 5) Tentative Map (TM 22-02) Analysis: TM 22-02 would subdivide an approximate
37.5-acre site for development of 54 detached single-family residential lots. Staff has concluded that the subdivision design is substantially consistent with the City Codes, ordinances and regulations, including the RH zoning district. Further, the lots comply with the following applicable subdivision design and RH zoning standards.
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Zoning Map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03), and a Tentative Map application to subdivide an approximately 37.54-acre site into 54 single-family residential lots (TM 22-02)
City of Gilroy City Council Page 19 of 25 February 24, 2025 1 9
Density: The Gilroy 2040 General Plan (General Plan) land use designation for the project site is Hillside Residential, which allows for development of residential uses at a density of one to four dwelling units per net acre (du/ac).
After deducting the private streets (2.46 acres), open space (17.72 acres), and Miller Avenue Right-of-Way (0.35 acres) from this 37.5 gross acre site, the remaining acreage is approximately 16.97 net acres. Therefore, the proposed density is approximately 3.18 units per net acre (54 units / 16.97 net acres).
Open Space/Preserved Area: Approximately 47 percent of the site (17.72 acres) will be maintained as preserved open space, natural vegetation, creek, and riparian habitat area.
Site Layout, Lot Sizes and Phasing: The project would be developed in two phases, following review and approval of an Architectural and Site Review permit application, grading permit, and building permit. Phase 1 would include development of 40 lots on the eastern half of the site (“eastern residences”). The lot areas for the eastern residences would range from approximately 6,660 to 12,070 square feet. The project would also construct a seven-foot-tall sound wall or equivalent feature (e.g., landscaped berm) along the northern and eastern property boundaries. Phase 2 would include development of the remaining 14 lots on the western half of the site (“western residences”) in two groups. The northwestern group would include 11 lots, and the southwestern group would include three (3) lots. The northwestern group would be located north of the creek bed, and the southwestern group would be located south of the creek bed. The lot areas for the western residences would range from approximately 8,990 to 61,050 square feet.
Site Access, Circulation, and Parking: Primary vehicle access to the project site would be provided via four new streets off Miller Avenue. In phase 1, Empire Way and Princess Court would provide access to the 40 eastern lots. Princess Court would be a north-south street that terminates at the northern site boundary in a cul-de-sac. Secondary access for emergency vehicles only would be provided via Princess Court from Santa Teresa Boulevard. Empire Way extends from Miller Avenue to the north, then curves to the east to intersect with Princess Court.
Access to a new cul-de-sac, Empire Circle, would also be provided from Empire Way. In phase 2, the northwestern group of lots would be accessed via the newly constructed Royalty Court, and the southwestern group of lots would be accessed via the newly constructed Empire Court. Vehicle access to the club house would be provided through a separate driveway off Royalty Court. This driveway would lead to a dedicated parking lot with 30 stalls for club house visitors. Parking for
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Zoning Map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03), and a Tentative Map application to subdivide an approximately 37.54-acre site into 54 single-family residential lots (TM 22-02)
City of Gilroy City Council Page 20 of 25 February 24, 2025 1 9
each of the lots would be provided consistent with City Code requirements.
Pedestrian access to the residences would be provided via new sidewalks on Miller Avenue and the new streets.
Proposed Street Names: The names of the new private streets have been reviewed and approved by the City of Gilroy Street Naming Task Force, which includes representatives from the Police, Fire, Engineering, Building, and Planning Divisions.
Site Improvements: The project would construct new domestic water, storm drain, and sanitary sewer connections for each residence. The existing overhead electrical lines on the site would be undergrounded, and these lines would provide electric service to the site. The new sidewalks constructed along Miller Avenue would be approximately six feet wide. The project would also install streetlights at each of the new intersections with Miller Avenue.
Flood Zone: According to the FEMA Flood Insurance Rate Maps, the project site is located within Zone D, which indicates an area with unknown flood risks; however, the project site is not located within a 100-year flood zone or considered a special hazard flood zone. The project site is not located within any dam failure inundation area. Furthermore, the General Plan EIR concluded that implementation of General Plan goals and policies and compliance with the City Code, the City’s Floodplain Management Ordinance, and RWQCB storm water infiltration requirements would reduce flood risk to a less than significant level.
Therefore, approval of the Tentative Map can be supported as it relates to flood hazards
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Zoning Map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03), and a Tentative Map application to subdivide an approximately 37.54-acre site into 54 single-family residential lots (TM 22-02)
City of Gilroy City Council Page 21 of 25 February 24, 2025 1 9
6) Santa Clara Valley Habitat Plan: The site is subject to the Santa Clara Valley Habitat Plan/Natural Community Conservation Plan (Habitat Plan). To determine land cover classifications present on-site, an Existing Conditions and Biological Constraints Report was prepared in May 2023 and further refined in November 2024 in the Biological Resources Report. Surveys were performed to verify the existing conditions on-site. The survey findings are discussed in initial study/MND section 4.1.1.2 (Existing Conditions). The initial study includes an extensive analysis of the project’s compliance with the Habitat Plan.
Following that analysis, the applicant revised the tentative map to include riparian easements to prohibit encroachment into riparian setback areas within the individual lots. Any unmitigated encroachment would require an exception from the Santa Clara Valley Habitat Agency. If the exception is not granted under the Habitat Plan, the project shall modify the project design to comply with Habitat Plan requirements.
HT Harvey, the consultant that prepared the Biological Resources Report and associated mitigation measures for the project will prepare all required Habitat Plan application materials and requirements including the coverage screening form, fees and conditions worksheet, and formal application.
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Zoning Map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03), and a Tentative Map application to subdivide an approximately 37.54-acre site into 54 single-family residential lots (TM 22-02)
City of Gilroy City Council Page 22 of 25 February 24, 2025 1 9
7) Technical Advisory Committee (TAC): Project plans were routed to Engineering, Building, Police, and Fire representatives for internal review and comment. The plans were routed to Valley Water, the Gilroy Unified School District, and Valley Transportation Authority staff at the same time. The TAC considered the project on March 31, 2022. Further, pursuant to Section 21.41(a), the Tentative Map was distributed for consideration by various departments and utility agencies. The recommendations and comments have been incorporated into the project and draft conditions of approval.
8) Tentative Map Findings: Pursuant to Government Code section 66473.5, for a city to approve a subdivision map, it must make a finding that a proposed subdivision is consistent with its general plan. Government Code Section 66474 further provides that a city shall deny approval of a tentative tract or parcel map if it makes any one of seven specific “negative” findings. Thus, for a city to approve a tentative tract or parcel map, it must find the inverse of the following seven “negative” findings in section 66474.
a. That the proposed subdivision is not consistent with applicable general and specific plans as specified in Section 65451.
b. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.
c. That the site is not physically suitable for the type of development. d. That the site is not physically suitable for the proposed density of development. e. That the design of the proposed subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
f. That the design of the subdivision or type of improvements is likely to cause serious public health problems.
g. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to
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Zoning Map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03), and a Tentative Map application to subdivide an approximately 37.54-acre site into 54 single-family residential lots (TM 22-02)
City of Gilroy City Council Page 23 of 25 February 24, 2025 1 9
easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
As provided in the attached draft resolution for Tentative Map TM 22-02, the above seven findings can be made in the negative, supporting a recommendation of approval, as conditioned in the attached draft resolution, including all mitigation measures.
Recommendation
Staff has provided the recommended findings for approval of both entitlements based on substantial evidence in the record that support a recommendation of approval.
ALTERNATIVES
The City Council may consider the following actions and alternatives:
A) Approve the proposed rezoning and tentative map requests as recommended by the Planning Commission. (Staff recommends this option.) B) Approve the proposed rezoning and/or tentative map request with changes or revisions. (Staff does not recommend this option.)
C) Continue the project to obtain additional information. (Staff does not recommend this option.)
D) Deny the proposed project applications. (Staff does not recommend this option.)
FISCAL IMPACT/FUNDING SOURCE
This project has no fiscal impact to the City. All costs associated with processing of the applications have been paid by the developer, and future site development costs would also be borne by the developer, which would include payment of development impact fees.
PUBLIC OUTREACH
On July 29, 2024, staff mailed 159 notices to residents and property owners within a 500- foot radius of the subject property, utilizing data from the County Assessor. The notice contained a general description of the project, a statement of intent to adopt a Mitigated Negative Declaration (MND) for the project in accordance with the California Environmental Quality Act (CEQA), the review period for comments, and the online URL
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Zoning Map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03), and a Tentative Map application to subdivide an approximately 37.54-acre site into 54 single-family residential lots (TM 22-02)
City of Gilroy City Council Page 24 of 25 February 24, 2025 1 9
and physical location where the CEQA documents can be reviewed.
On August 1, 2024, staff sent a copy of the Notice of Intent to adopt a Mitigated Negative Declaration to the following organizations: Valley Water, Bay Area Air Quality Management District, Gilroy Unified School District, Pacific Gas & Electric, California Regional Water Quality Control Board Central Coast Region, California Department of Fish & Wildlife Central Coast Region, and other organizations requesting notice.
On August 1, 2024, staff recorded the Notice of Intent to adopt a Mitigated Negative Declaration with the Santa Clara County Clerk-Recorder and also uploaded the CEQA Initial Study and the Notice of Intent to the California Office of Planning and Research web portal which is then distributed to 15 governmental agencies.
On December 23, 2024, staff sent a notice regarding the proposed tentative map and advertising the January 16th Planning Commission meeting and the February 24th City Council meeting to the following organizations: Charter Communications, Verizon Communications, Pacific Gas & Electric Company, Gilroy Unified School District, Gavilan College, Valley Water, Santa Clara County Roads and Airports Department, and Santa Clara Valley Transportation Agency (VTA).
On December 26, 2024, staff mailed 159 notices to residents and property owners within a 500-foot radius of the subject property, utilizing data from the County Assessor. The notice contained the date, time, and location of the January 16th Public Hearing, a general description of the project, the CEQA determination, and the online URL for the dedicated project website where more information about the project, including the CEQA documents can be reviewed.
On January 3, 2025, a notice was published in the Gilroy Dispatch with the date, time, and location of the January 16th Public Hearing, a general description of the project, the CEQA determination, and the online URL for the dedicated project website where more information about the project, including the CEQA documents can be reviewed..
On January 6, 2024, staff emailed a response to comments to each of the five organizations who had provided comments on the Draft Initial Study and Mitigated Negative Declaration (MND), as provided under the public comments section below.
On January 6, 2024, staff published the organizational comments and City response on the project’s dedicated webpage.
On January 9, 2025, staff sent an email to each of the residents that had previously provided comments with a copy of the City’s response, a link to the Planning Commission staff report and packet, and a link to the dedicated project webpage for more information including the CEQA documents.
On January 31, 2025, a notice was published in the Gilroy Dispatch with the date, time,
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Zoning Map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03), and a Tentative Map application to subdivide an approximately 37.54-acre site into 54 single-family residential lots (TM 22-02)
City of Gilroy City Council Page 25 of 25 February 24, 2025 1 9
and location of the February 24th Public Hearing, a general description of the project, the CEQA determination, and the online URL for the dedicated project website where more information about the project, including the CEQA documents can be reviewed.
On January 31, 2025, staff mailed 159 notices to residents and property owners within a 500-foot radius of the subject property, utilizing data from the County Assessor. The notice contained the date, time, and location of the February 24th Public Hearing, a general description of the project, the CEQA determination, and the online URL for the dedicated project website where more information about the project, including the CEQA documents can be reviewed.
The property has also been posted with two on-site 4-foot by 8-foot billboard signs notifying passersby of pending development. In addition, the City Council public hearing packets are available through the City's webpage, and the City has created a dedicated webpage for the proposed development, as noted above.
NEXT STEPS
If supported, the ordinance rezoning the site would be scheduled for adoption at the next City Council meeting.
Attachments:
1. Location Map
2. Tentative Map plans
3. Draft CEQA Resolution
4. Draft Tentative Map (TM 22-02) Resolution
5. Draft Zoning Map Amendment (Z 22-03) Ordinance
6. Draft Zoning Map Amendment Exhibit A
7. Resident comments (and City response) as of January 8, 2025
8. Organization comments (and City response) as of January 8, 2025
9. Mitigated Negative Declaration (MND)
10.Mitigation Monitoring and Reporting Program (MMRP)
11.Final Initial Study (link)
12.Appendix A: Construction Health Risk and Greenhouse Gas Emissions Assessment (link)
13.Appendix B: Arborist Report (link)
14.Appendix C: Biological Resources Report (link)
15.Appendix D: Geotechnical Reports (link)
16.Appendix E: Phase I/II Environmental Site Assessments (link)
17.Appendix F: Environmental Noise Assessment and Peer Review (link)
18.Appendix G: Transportation Analysis (link)
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RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ADOPTING A MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING AND REPORTING PROGRAM (SCH#
2024080035) FOR THE REN FU VILLA RESIDENTIAL PROJECT (APN 810-23-005), APPLICATIONS Z 22-03 AND TM 22-02 FILED BY REN JIZHONG.
WHEREAS, on March 15, 2022, applications filed by Susan Wang on behalf of and with the consent of the property owner, Ren JiZhong, were submitted, requesting a rezoning from the A1 zoning district to the RH zoning district and requesting subdivision of a 37.5-acre site into 54 single-family residential lots on property located south of Santa Teresa Boulevard and north/northeast of Miller Avenue (APN 810-23-005); and
WHEREAS, an Initial Study/Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program (SCH #2024080035) were prepared for the project in full accordance with the procedural and substantive requirements of the California Environmental Quality Act (CEQA), and circulated for public review for 30 days; and
WHEREAS, responses to comments received on the environmental document were prepared, resulting in no substantial revisions to the environmental document; and WHEREAS, on January 16, 2025, the Planning Commission held a duly noticed public hearing at which time the Planning Commission received and considered the Initial Study/Mitigated Negative Declaration environmental document and Mitigation Monitoring and Reporting Program prepared for the project, together with the zone change request and tentative map, the staff report, and all evidence received including written and oral public testimony related to the MND and project; and
WHEREAS, on February 24, 2025, the City Council reviewed and considered the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the project, together with the project zoning request and tentative map requests, and considered written and oral reports by staff and public testimony; and
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Resolution No. 2025-XX
Ren Fu Villa Mitigated Negative Declaration
City Council Regular Meeting | February 24, 2025
WHEREAS, the City Council hereby makes the following findings, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project:
1. Prior to taking action and approving the project the City Council has independently reviewed and considered the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and other information in the record.
2. As documented in the staff report and project record, the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared in compliance with the California Environmental Quality Act (CEQA) and consistent with the state and local guidelines and thresholds of significance.
3. The Initial Study/Mitigated Negative Declaration represents the independent judgment and analysis of the City as lead agency for the project.
4. Incorporation of the mitigation measures identified in the Mitigated Negative Declaration prepared for the project would avoid or mitigate the effects to a point where clearly no significant effect on the environment would occur,
5. There is no substantial evidence in light of the whole record before the City Council that the project, as proposed together with project conditions and mitigation measures, may have a significant effect on the environment; and
WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which the project approval is based is the Community Development Department, Planning Division.
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Resolution No. 2025-XX
Ren Fu Villa Mitigated Negative Declaration
City Council Regular Meeting | February 24, 2025
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (SCH #2024080035) as the environmental documents for the project.
PASSED AND ADOPTED this 24th day of February 2025 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
______________________________
Greg Bozzo, Mayor
ATTEST:
Beth Minor, Interim City Clerk
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Resolution No. 2025-XX
Ren Fu Villa Mitigated Negative Declaration
City Council Regular Meeting | February 24, 2025
CERTIFICATE OF THE CLERK
I, BETH MINOR, Interim City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2025-XX is an original resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, February 24, 2025, with a quorum present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Date.
____________________________________
Beth Minor
Interim City Clerk of the City of Gilroy
(Seal)
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RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
RECOMMENDING APPROVAL OF TENTATIVE MAP TM 22-02, A
SUBDIVISION OF AN APPROXIMATE 37.54-ACRE UNDEVELOPED
PROPERTY INTO 54 SINGLE-FAMILY RESIDENTIAL LOTS ON
PROPERTY LOCATED SOUTH OF SANTA TERESA BOULEVARD AND
NORTH/NORTHEAST OF MILLER AVENUE (APN # 810-23-005), FILED BY REN JIZHONG, 13889 UPPER HILL CT., SARATOGA, CA 95070.
WHEREAS, Susan Wang on behalf of Ren JiZhong submitted an application requesting a tentative map to subdivide an approximate 37.54-acre site into 54 single-family residential lots; and
WHEREAS, the subject property is located south of Santa Teresa Boulevard and north/northeast of Miller Avenue; and
WHEREAS, the Gilroy 2040 General Plan and Land Use Diagram designating the subject property as Hillside Residential was adopted by the City Council on November 2, 2020; and WHEREAS, the applicant has filed a concurrent application to change the zoning designation of the property from A1 (Agriculture District) to RH (Residential Hillside), consistent with the General Plan land use designation for the property; and WHEREAS, the adopted and certified Environmental Impact Report for the Gilroy 2040 General Plan included a section on agricultural resources and noted that lands in the (A1) Agricultural Zoning District are expected to be urbanized in accordance with the General Plan; and
WHEREAS, in compliance with the California Environmental Quality Act (CEQA), the City completed an Initial Study to determine whether the proposed project may have a significant adverse effect on the environment. On the basis of that study, the City determined that in addition to contributing to the previously disclosed significant and unavoidable impacts in the Gilroy 2040 General Plan Final Environmental Impact Report (EIR), the project could result in additional significant effects on the environment; however, there will not be any significant effect in this case because mitigation measures are included in the project, and therefore, a Mitigated Negative Declaration (MND) has been prepared and shall be implemented by the applicant; and WHEREAS, a Mitigation Monitoring and Reporting Plan (MMRP) has been prepared that lists the required mitigation measures, the method required for implementation, the party or permit responsible for implementing the measures, the timeframe for which the measure is relevant, and a placeholder checklist for future verification of compliance to help ensure that the designated mitigation measures are appropriately implemented during all stages of the project including future construction and project build-out; and WHEREAS, on January 16, 2025, the Planning Commission held a duly noticed public meeting, at which time the Planning Commission received and considered the staff report as well
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Resolution No. 2025-XX
Tentative Map TM 22-02
City Council Regular Meeting | February 24, 2025
as all evidence received including written and oral public testimony related to the proposed Tentative Map (TM 22-02); and
WHEREAS, on January 16, 2025, the Planning Commission considered and recommended that the City Council adopt the Mitigated Negative Declaration prepared for the project in accordance with the California Environmental Quality Act (CEQA), adopt an Ordinance approving Zoning Map Amendment (Z 22-03), and adopt a Resolution approving Tentative Map (TM 22-02) and recommended that the City Council approve TM 22-02 with 101 conditions; and WHEREAS, the City Council held a duly noticed public hearing on February 24, 2025, at which time the City Council considered the public testimony, the staff report dated February 24, 2025 (“City Council Staff Report”), and all other documentation related to TM 22-02; and WHEREAS, the City Council finds that TM 22-02 conforms to the City's General Plan and elements thereof; and
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I
In order to deny the map, the City Council would have to make one or more of seven listed findings prescribed by Government Code Section 66474 based upon substantial evidence in the record. The seven findings are listed below, along with an explanation for each one as to why the City Council cannot make the finding:
A. The proposed subdivision is not consistent with applicable general and specific plans as specified in 65451.
This Finding cannot be made. No Specific Plan is associated with or required for the development and the proposed subdivision is consistent with the Gilroy 2040 General Plan Hillside Residential land use designation for the property and the 2023-2031 Housing Element Goal 1 (Housing Production) and Goal 2 (Removal of Government Constraints).
B. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.
This Finding cannot be made. No Specific Plan is associated with or required for the development and the design or improvement of the proposed subdivision is consistent with the Gilroy 2040 General Plan goals and policies including: Gilroy 2040 General Plan Land Use (LU) Policies LU 1.1 Pattern of Development; LU 1.2 Residential Growth; LU 1.8 Vacant and Underutilized Sites; LU 1.11 Contiguous Development; LU 3.2 Connectivity; LU 3.9 Hillside Development; LU 3.11 Noise Mitigation Design; LU 8.6 Utility Undergrounding; and LU 8.8
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Resolution No. 2025-XX
Tentative Map TM 22-02
City Council Regular Meeting | February 24, 2025
Clustered Development; Gilroy 2040 General Plan Mobility (M) Policies M 1.4 Residential Traffic; M 1.10 Private Streets; and M 5.1 Standard Level of Service (LOS); Gilroy 2040 General Plan Natural and Cultural Resources (NCR) Policies NCR 1.1 Habitat Plan Compliance; NCR 1.2 Stream Protection; NCR 1.3 Riparian Setbacks; NCR 1.4 Plant and Wildlife Habitats; and NCR 1.10 Light Pollution; and Gilroy 2040 General Plan Public Facilities and Services (PFS) Policies PFS 1.11 Development Impact Fees; and PFS 3.6 Water Infrastructure.
C. That the site is not physically suitable for the type of development.
This Finding cannot be made. The site is physically suitable for this type of development as analyzed in the Initial Study and conditioned in Mitigated Negative Declaration and conditions of approval for the project.
D. That the site is not physically suitable for the proposed density of development.
This Finding cannot be made. The site is physically suitable for the proposed density because the adopted Gilroy 20240 General Plan and EIR anticipated a Hillside Residential development on the property with a density up to four units per acre and the proposed development has a density of approximately 3.18 units per net acre (54 units / 16.97 net acres) after deducting the private streets (2.46 acres), open space (17.72 acres), and Miller Avenue Right-of-Way (0.35 acres) from the gross acreage.
E. That the design of the proposed subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
This Finding cannot be made. The design of the subdivision and the proposed improvements will not cause substantial environmental damage, or substantially injure fish or wildlife because the proposed Tentative Map includes appropriate conditions of approval and mitigation measures in conformance with the Initial Study and Mitigated Negative Declaration for the project.
F. That the design of the subdivision or type of improvements is likely to cause serious public health problems.
This Finding cannot be made. The design of the proposed subdivision will not cause serious public health problems because the site is located within an urban context and has access to urban services including sewer and water and the proposed Tentative Map includes appropriate conditions of approval and mitigation measures in conformance with the Initial Study and Mitigated Negative Declaration for the project.
G. That the design of the proposed subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds
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Resolution No. 2025-XX
Tentative Map TM 22-02
City Council Regular Meeting | February 24, 2025
that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
This Finding cannot be made. Pursuant to the conditions of approval for the project, all new, relocated, alternate, or abandoned easements shall be reviewed and approved by the Gilroy Engineering Division or the appropriate governmental agency (e.g., utility company).
SECTION II
The City Council of the City of Gilroy hereby approves TM 22-02, subject to the 101 conditions of approval set forth in Exhibit “A” attached hereto.
PASSED AND ADOPTED this 24th day of February 2025 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
______________________________
Greg Bozzo, Mayor
ATTEST:
Beth Minor, Interim City Clerk
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Resolution No. 2025-XX
Tentative Map TM 22-02
City Council Regular Meeting | February 24, 2025
CERTIFICATE OF THE CLERK
I, BETH MINOR, Interim City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2025-XX is an original resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, February 24, 2025, with a quorum present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Date.
____________________________________
Beth Minor
Interim City Clerk of the City of Gilroy
(Seal)
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Resolution No. 2025-XX
Tentative Map TM 22-02
City Council Regular Meeting | February 24, 2025
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project ENTITLEMENT(S).
1. APPROVED PROJECT: The approval for TENTATIVE MAP TM 22-02 is granted to subdivide an approximate 37.54-acre site into 54 single-family residential lots located on Assessor Parcel No. 810-23-005, as shown on Project Plans dated as received by the Planning Division on September 17, 2024, prepared by HANNABRUNETTI for Susan Wang, dated September 2024, and consisting of 15 sheets.
2. PERMIT EXPIRATION: In accordance with Section 21.41(i) of the Gilroy City Code, initial approval of a tentative map is valid for twenty-four (24) months. Such approval may only be extended at the Council’s discretion, pursuant to the provisions of the Subdivision Map Act, if the final map is not approved prior to expiration.
3. ZONING MAP AMENDMENT (Z 22-03) ENTITLEMENT: This permit is subject to City Council approval of the Zoning Map Amendment (Z 22-03) to change the zoning designation from A1 (Agriculture District) to RH (Residential Hillside).
4. COMPLIANCE WITH CONDITIONS: If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to permit revocation or enforcement actions pursuant to the City Code. All costs associated with any such actions shall be the responsibility of Developer, owner or tenant.
5. INDEMNIFICATION: Developer agrees, as a condition of permit approval, at Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy (“the City”) and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against the City or its officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process.
6. ENVIRONMENTAL DOCUMENT FILING FEES. Upon approval of the project and filing of the Notice of Determination with the Office of the County Clerk-Recorder, the project applicant shall pay any required environmental document filing fees.
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Tentative Map TM 22-02
City Council Regular Meeting | February 24, 2025
7. SIGNS: No signs are approved as part of this application. Prior to issuance of a sign permit for this site, Developer shall propose well-designed, quality signs that comply with the allowances of the City Code and are to the satisfaction of the Community Development Director or designee.
8. SIGNAGE: All signage advertising the development project or components thereof, including individual tenants or subdivisions, shall be installed or maintained onsite or offsite as allowed and in conformance with an approved sign permit.
9. WATER LIMITATIONS: Developer shall be advised that the approval is subject to the drought emergencies provisions pursuant to the Gilroy City Code Chapter
27.98. 10. MULTI-PHASE DEVELOPMENT: The project would be developed in two phases, as illustrated on the proposed Tentative Map, following review and approval of an Architectural and Site Review permit application, grading permit, and building permit. The construction details of each of these phases is provided in the Initial Study for the project.
The following conditions shall be addressed prior to issuance of any BUILDING PERMIT, GRADING PERMIT or IMPROVEMENT PLAN, whichever is first issued, or as otherwise specified in the condition.
11. CONDITIONS OF APPROVAL: Developer shall include a plan sheet(s) that includes a reproduction of all conditions of approval of this permit, as adopted by the decision-maker.
12. EXISTING VIOLATIONS: Prior to issuance of building permits, Developer shall correct all violations of the City Code, if any, existing on the project property for which the City has open cases.
13. SUBSEQUENT ENTITLEMENTS: Developer shall obtain necessary permits prior to initiating any work authorized under this approval, including but not limited to Architectural and Site Review, a Tree Removal Permit, and a Conditional Use Permit or Planned Unit Development for the clubhouse. Developer shall pay all requisite fees in effect at the time of plan submittal and/or issuance, as applicable.
14. OTHER REVIEW AGENCIES: This project may require review and approval by outside agencies including, but not limited to Valley Water, the Santa Clara Valley Habitat Agency, and the California Department of Fish and Wildlife. Proof of approval from these agencies may be required prior to planning or building permit issuance, inspections, or prior to Certificate of Occupancy.
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Tentative Map TM 22-02
City Council Regular Meeting | February 24, 2025
15. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit, the applicant’s qualified biologist for the project shall prepare all required Santa Clara Valley Habitat Plan application materials, including the coverage screening form, fees and conditions worksheet, and formal application.
16. LIGHTING PLAN: Developer shall submit a lighting plan with the application for a planning and building permit. This plan should include photometric contours, manufacturer’s specifications on the fixtures, and mounting heights. Parking lot and exterior light fixtures shall be full cutoff type so that lighting is directed downward only, minimizing glare and light pollution, and shall not cast light on any adjacent property or roadway. Developer shall recess or conceal any under-canopy lighting elements so they are not directly visible from any public area. The lighting plan must be approved by the Community Development Director or designee.
17. PRECONSTRUCTION NESTING BIRD SURVEY: To the extent practicable, vegetation removal and construction activities shall be performed from September 1 through January 31 to avoid the general nesting period for birds. If construction or vegetation removal cannot be performed during this period, preconstruction surveys will be performed no more than two days prior to construction activities to locate any active nests as follows:
“The Developer shall be responsible for the retention of a qualified biologist to conduct a survey of the project site and surrounding 500 feet for active nests: with particular emphasis on nests of migratory birds: if construction (including site preparation) will begin during the bird nesting season, from February 1 through August 31. If active nests are observed on either the project site or the surrounding area, the qualified biologist, in coordination with the appropriate City staff, shall establish no-disturbance buffer zones around the nests, with the size to be determined (usually 100 feet for perching birds and 300 feet for raptors). The nodisturbance buffer will remain in place until the biologist determines the nest is no longer active or the nesting season ends. If construction ceases for two days or more and then resumes during the nesting season, an additional survey will be necessary to avoid impacts on active bird nests that may be present.” A report summarizing the results of the preconstruction surveys and any necessary buffers shall be submitted to the City and a copy shall be provided to the California Department of Fish and Wildlife by the Biologist.
18. CNDDB SURVEYS AND REPORT. The presence of any special status wildlife (e.g., northwestern pond turtle, San Francisco dusky-footed woodrat) and natural
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• communities on-site shall be reported to the California Natural Diversity Database (CNDDB). The CNDDB field survey forms shall be completed by the project biologist and submitted to the CNDDB prior to project approval.
19. RIPARIAN EASEMENTS. No grading or construction shall occur within the riparian easements shown on the Tentative Map. Any encroachment not expressly permitted by the Santa Clara Valley Habitat Agency shall require an exception from the Santa Clara Valley Habitat Agency. If the exception is not granted under the Habitat Plan, the project shall modify the project design to comply with Habitat Plan requirements.
20. CROTCH’S BUMBLE BEES: If Crotch’s bumble bees are present, the project applicant shall apply for an incidental take permit for California Endangered Species Act compliance.
21. LAKE AND STREAMBED ALTERATION AGREEMENT: A Lake and Streambed Alteration Agreement shall be obtained should any work occur within the bed or banks of Babbs Creek or the adjacent riparian habitat.
22. SECTION 404 PERMIT: The project shall obtain a Section 404 Permit should any work occur within seasonal wetland areas.
23. WELLS: All wells found at the site must be properly decommissioned or registered with Valley Water. For questions about wells, please contact Valley Water’s Wells and Water Measurement Unit at (408) 630-2660.
24. STORMWATER MANAGEMENT GUIDANCE MANUAL: The project shall comply with the design requirements in the Stormwater Management Guidance Manual utilized by the City of Gilroy, City of Morgan Hill and County of Santa Clara, including the requirement to maintain a vertical separation from seasonally high groundwater of at least 10 feet for all infiltration devices.
25. MM BIO-1: Burrowing Owls. To minimize impacts on burrowing owls, the following measures will be implemented:
• Preconstruction Surveys for Burrowing Owls. Preconstruction surveys for burrowing owls shall be conducted by a qualified biologist/ornithologist (funded by the project applicant) prior to the initiation of construction activities. The first
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City Council Regular Meeting | February 24, 2025
preconstruction survey for burrowing owls shall be conducted up to 14 days prior to the start of construction activities in any given area, and the second
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Tentative Map TM 22-02
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survey (if determined to be necessary based on the proximity of suitable burrows) shall be conducted within two days prior to the start of construction activities. The preconstruction surveys shall be conducted within suitable burrowing owl roosting habitat (i.e., grassland or scrub habitats with burrows of California ground squirrels), or within 250 feet of this habitat, regardless of the time of year in which construction commences. During the initial site visit, a qualified biologist/ornithologist shall survey the entire project site and (to the extent that access allows) areas within 250 feet by walking transects with centerlines no more than 50 feet apart and ensure complete visual coverage and looking for suitable burrows that could be used by burrowing owls. If no suitable burrows are present, no additional surveys are required. If suitable burrows are determined to be present within 250 feet of the project impact areas, a qualified biologist/ornithologist shall conduct a second survey to determine whether owls are present in areas where they could be affected by proposed activities. The surveys shall last a minimum of three hours, beginning one hour before sunrise and continuing until two hours after sunrise or beginning two hours before sunset and continuing until one hour after sunset. • Implement Buffer Zones for Burrowing Owls. If burrowing owls are detected during the pre-activity survey, a 250-foot buffer, within which no constructionrelated activities shall be permissible, shall be maintained between construction activities and occupied burrows. Though highly unlikely, owls present between February 1 and August 31 shall be assumed to be nesting, and the 250-foot protected area buffer shall remain in effect until August 31, or until the burrow is no longer occupied as determined by a qualified biologist/ornithologist, whichever occurs first.
• Monitor Owls during Construction. If maintaining a 250-foot buffer around active owl burrows is not feasible, the buffer may be reduced if (1) the individual or nest is not disturbed, and (2) a qualified biologist/ornithologist develops an avoidance, minimization, and monitoring plan that is reviewed and approved by the CDFW and USFWS prior to the initiation of construction activities in the identified 250-foot buffer areas. The plan shall include the following measures:
o A qualified biologist shall monitor the owls for at least three days prior to construction as well as during construction.
o If the biologist observes no change in the owls’ nesting or foraging behavior, construction activities may proceed.
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Tentative Map TM 22-02
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o If changes in the owls’ behaviors as a result of work activities are observed by a qualified biologist/ornithologist, activities shall cease within 250 feet of the active burrow location(s). Work activities may resume when by a qualified biologist/ornithologist confirms the burrows are no longer occupied. o If monitoring by a qualified biologist/ornithologist indicates that the burrow is no longer in use by owls, the disturbance-free buffer may be removed. o Because passive relocation of burrowing owls is not allowed under the Habitat Plan at this time, if an owl persists on the site within an area where construction cannot be delayed despite implementation of the measures included in the approved avoidance, minimization, and monitoring plan, the applicant shall coordinate with the Santa Clara Valley Habitat Agency to determine alternative protection measures that would reduce or avoid impacts to the owl.
The qualified biologist/ornithologist shall submit a summary report, to the City of Gilroy, that includes the findings of preconstruction surveys, identification of any required buffers, documentation of justification for any reduced buffers and a copy of the avoidance, minimization, and monitoring plan approved by CDFW and USFWS (if applicable) prior to issuance of grading or construction permits.
26. MM BIO-2: Compensate for Direct, Permanent Encroachment into the Riparian Setback. Direct, permanent impacts within the 35-foot riparian setback shall be mitigated on-site at a minimum 2:1 ratio (mitigation area to impact area) through enhancement of the existing riparian corridor elsewhere on the project site.
This enhancement, which shall be directed by a qualified restoration or plant ecologist (funded by the project applicant), would consist of planting or restoration of native vegetation appropriate to the site, and management of any particularly noxious occurrences of invasive plants, in a way that will enhance the structure and function of the riparian habitat. The qualified restoration or plant ecologist shall prepare a mitigation plan outlining the enhancement activities which shall be submitted to and approved by the City prior to the issuance of any construction or grading permits. The plan shall include at least three years of monitoring, following implementation of mitigation, to ensure mitigation success. Among the performance criteria required by this mitigation plan shall be survival of enough planted/restored vegetation three years after implementation to ensure that enhancement has occurred at a minimum ratio of 2:1, as discussed above.
27. MM CUL-1: Prior to the commencement of construction, the applicant shall secure the services of a qualified archaeologist. The qualified archaeologist shall
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City Council Regular Meeting | February 24, 2025
prepare a workforce environmental awareness program (WEAP) to instruct construction workers of the obligation to protect and preserve valuable resources.
The WEAP shall be reviewed and approved by the City’s Community Development Director, or his or her designee, prior to the issuance of construction and grading permits. This program shall be provided to all construction workers as a field training prior to the beginning of ground-disturbing activities, and shall include a discussion of applicable laws and penalties under the laws; samples or visual aids of resources that could be encountered in the project vicinity; instructions regarding the need to halt work in the vicinity of any potential archaeological and Native American resources encountered; and measures to notify their supervisor, the applicant, and the specialist(s).
28. MM CUL-2: Ground-disturbing activities (including, but not limited to, demolition / excavation, grading, and utility trenching) shall be monitored by a qualified archaeologist to be retained by the project applicant. The qualified archaeologist shall have authority to halt construction activities temporarily in the immediate vicinity of an unanticipated find until its significance can be assessed by the qualified archaeologist.
After observing a representative sample of ground-disturbing activity with no cultural resources encountered, the archaeologist may recommend that monitoring move to a part-time or intermittent schedule by mutual agreement with the City.
A summary report of the monitoring results, including any protective measures implemented (see the Cultural Resources conditions of approval at the end of this MMRP), shall be submitted to the City prior to the issuance of building permits.
29. MM GHG-1: Reduce GHG Emissions. The applicant is responsible for retaining a qualified air quality/GHG specialist to develop a GHG reduction plan to reduce GHG emissions such that the project’s GHG emissions are reduced by the emissions equivalent to those produced by the rate of VMT exceeded over the threshold. These reductions shall be kept in place by the project until the City adopts a GHG reduction plan that contains goals and associated strategy to decrease emissions in a manner consistent with meeting the State’s interim 2030 GHG emissions and long-term goals.
Threshold: GHG emissions would need to be reduced by an amount equivalent to the Project VMT that exceeds the VMT threshold. Without any traffic mitigation (i.e., TDM plan), the project per capita VMT would exceed the threshold by about 41 percent. Assuming a total of 176 residents, this would be 1,156 miles per day.
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Tentative Map TM 22-02
City Council Regular Meeting | February 24, 2025
Based on the additional VMT, the CalEEMod and EMFAC models were used to calculate the amount of GHG emissions to be reduced annually in order to meet the VMT significant threshold over the next 30 years. The applicant shall mitigate the project’s operational GHG emissions for the life of the project1 to achieve the applicable year-specific quantitative threshold2 over the next 30 years by purchasing and retiring carbon offset credits.3
Demonstration of Reduction: The GHG reduction plan shall quantify the GHG emissions from the project while accounting for any reductions that can be achieved through design features (e.g., implementation of a TDM program, installation of solar power systems, inclusion of electric vehicle charging, installation of high-efficiency water fixtures, etc.). Any remaining emissions, that must be offset, shall be offset through the purchase of verifiable carbon emission offsets. The reduction of project GHG emissions through the retirement of carbon offset credits shall satisfy the following conditions:
Registry Performance Standards: The applicant shall provide proof to the City’s Community Development Director, or his or her designee that the carbon offset credits were issued by a registry meeting the following requirements:
o The registry shall account for and quantify emission reductions using clear and defined standards and incorporating recognized principles of GHG emissions reduction accounting, including those set forth in the ISO 14064 and the WRI/WBCSD Greenhouse Gas Protocol for Project Accounting; 1 The life of the project is assumed to be 30 years since building systems are generally substantially upgraded by year 30 (https://www.rdh.com/blog/long-buildings-last/; https://abgrealty.com/blog/life-spancommercial-building-components/; https://www.carbonleadershipforum.org/wpcontent/uploads/2018/07/CLF_Recommendations_BuildingComponentLifespans_07-06-2018.pdf).
California anticipates a significant increase in electric vehicles within the next 14 years (Executive Order N-79-20;
https://www.experian.com/blogs/insights/2020/11/new-california-mandate-rekindles-electric-vehiclebuzz/).
Treating a building and its associated automobile GHG lifespan as 30 years appears conservative and is consistent with the methodology employed by the South Coast Air Quality Management District. 2 The total number of MT/CO2e that would need to be offset is 1,922. The year-specific quantitative thresholds in MT/CO2e/year are as follows: 2028: 129, 2029: 123, 2030: 117, 2031: 113, 2032: 109, 2033: 106, 2034: 102, 2035: 98, 2036: 92, 2037: 87, 2038: 81, 2039: 76, 2040: 70, 2041: 64, 2042: 59, 2043: 53, 2044: 48, 2045: 42, 2046: 36, 2047: 31, 2048: 25, 2049: 20, 2050: 14, 2051: 14, 2052: 14, 2053: 14, 2054: 14, 2055: 14, 2056: 14, 2057: 14.
3 If natural gas connections are included in the final project design, the emissions associated with natural gas use during project operation shall be calculated and 100 percent offset through implementation of the appropriate measures identified in the GHG reduction plan.
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Tentative Map TM 22-02
City Council Regular Meeting | February 24, 2025
▪ The registry shall use clear information sufficient for reviewers to assess credibility of GHG emission reductions underlying the carbon offset credits.
Upon request by the City’s Community Development Director, or his or her designee, any governmental entity, or any stakeholder, the registry shall provide the following information within a reasonable time period in connection with any carbon offset credit retired by the applicant: (i) the applicable quantification protocol; and (ii) all third-party confirmation or verification reports issued in connection with the carbon offset credits. Such information shall be sufficient to monitor compliance by the project applicant with this mitigation measure.
Carbon Offset Credit Performance Standards: The carbon offset credits retired by the applicant for the purpose of mitigating GHG emissions shall represent GHG emission reductions that are real, permanent, additional, quantifiable, verifiable and enforceable.7
To demonstrate compliance with such requirements, the applicant shall provide the following to the City’s Community Development Director, or his or her designee: (i) the protocol used to quantify and issue such carbon offset credits, (ii) the thirdparty verification report(s) pursuant to which such carbon offset credits were issued, and (iii) the unique serial numbers of the carbon offset credits to be retired to ensure that the offset cannot be further used in any manner. The Community 7 The following terms in this mitigation are defined as follows: “Additional” means GHG emission reductions or removals underlying the carbon offset credits that exceed any GHG reduction or removals otherwise required by law, regulation or legally binding mandate, and that exceed any GHG reductions or removals that would otherwise occur in a business-as-usual scenario. To be additional, the credit shall have reduced GHG emissions below the applicable common industry practice for GHG reductions as in effect at the time the credit project was initiated. “Real” means that GHG reductions or GHG enhancements underlying the carbon offset credits result from a demonstrable action or set of actions, and are quantified using appropriate, accurate, and conservative methodologies that account for all GHG emissions sources, GHG sinks, and GHG reservoirs within the boundary of the applicable credit project and account for uncertainty and the potential for activity-shifting leakage and market-shifting leakage. “Verifiable” means that the GHG reductions or GHG enhancements underlying the carbon offset credits are well documented, transparent and set forth in a document subject to objective review by an accredited verification body. “Permanent” means that GHG reductions and GHG removal enhancements underlying the carbon offset credits are not reversible, or when GHG reductions and GHG removal enhancements may be reversible, that mechanisms are in place to replace any reversed GHG emission reductions and GHG removal enhancements to ensure that all credited reductions endure for at least 100 years. To ensure permanence, reductions from purchased credits must have already occurred. “Quantifiable” means the ability to accurately measure and calculate GHG reductions or GHG removal enhancements relative to a project baseline in a reliable and replicable manner for all GHG emission sources, GHG sinks, or GHG reservoirs included within the boundary of the credit project generating the carbon offset credits, while accounting for uncertainty and activity shifting leakage and market-shifting leakage. “Enforceable” means the authority for the City to hold the project accountable and to take appropriate action if the City determines that any carbon offset credits do not comply with the requirements set forth above.
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Tentative Map TM 22-02
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Development Director, or his or her designee, shall reject any carbon offset credits that do not comply with these requirements, and where reductions are not direct reductions within a confined project boundary or provide opportunities for reversal of the avoided emissions. The Community Development Director, or his or her designee, shall reject any credits for a project that includes technology or GHG abatement practices that are already widely used.
• Geographic Limitations: The carbon offset credits shall be from credit projects developed in the United States. Carbon offset credits resulting from international credit projects shall not be acceptable to satisfy this mitigation measure.
• Timing: The applicant shall mitigate GHG emissions resulting from project operations by purchasing and retiring the required offset credits prior to final issuance of the building permit.. The applicant shall provide proof in the form of a compliance report to the City that carbon offset credits equal to the amount of project operational GHG emissions in excess of the threshold have been purchased and retired. A conservative estimate of the offset credits that need to be purchased by the project applicant for the lifetime of the project is 1,922 MT.9
• Adjustment: The required amount of carbon offset credits may be adjusted to account for conformance with a qualified GHG reduction plan adopted by the City, or changes in climate science, GHG regulation, technology, and updated/refined project emissions, as follows:
o The applicant may recalculate the project emissions in this Initial Study to update/refine the amount of carbon credits required to be purchased and/or demonstrate emissions achieve the year-specific threshold or an applicable quantitative threshold that may be adopted by the City or BAAQMD in the future. If the project applicant chooses to refine or recalculate project GHG emissions, the project applicant shall retain a qualified air quality/GHG professional to calculate the project’s GHG emissions, in accordance with the BAAQMD CEQA Air Quality Guidelines, as they may be updated from time to time. Re-evaluation of project GHG emissions could reflect additional on-site measures incorporated into the project (such as installing solar panels, high9 This was estimated by adding the annual project GHG emissions to be reduced between 2028 and 2057. This estimate can be adjusted, updated, and refined as appropriate per the Adjustment portion described in mitigation measure MM GHG-1
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efficiency water fixtures, electric vehicle charging stations, etc.) or increased operational efficiencies (e.g., the state’s increased vehicle fuel efficiency standards and renewable energy portfolio requirement). The calculation shall be summarized in a report and submitted as part of the documentation submitted to the City’s Community Development Director, or his or her designee for review and approval.
OR
o If the City has adopted a qualified GHG reduction strategy that covers the project, the project applicant can demonstrate that the project is consistent with the applicable mandatory measures in the GHG reduction strategy by submitting written proof documenting the project’s consistency to the City’s Community Development Director, or his or her designee for review and approval. If the project is consistent with the applicable mandatory measures in the GHG reduction strategy, it is concluded that it would result in a less than significant GHG impact and no further mitigation is required.
30. MM HAZ-1: Preparation of a Risk Management Plan and Health and Safety Plan.
Prior to issuance of a grading permit and excavation of the undocumented fill onsite, an Environmental Professional retained by the project applicant shall prepare an appropriate risk management plan (e.g., Site Management Plan) to establish appropriate management practices for handling the undocumented fill, including guidelines for the reuse and disposal of these materials. The plan shall also include protocols to segregate the lead-impacted fill encountered near TP-8 (see Appendix E for location information) and ensure that appropriate off-site disposal is completed. This plan shall be submitted to the City for review and approval prior to issuance of grading and construction permits. Following completion of the excavation, a report documenting compliance with the risk management plan and summarizing the work completed on-site shall be prepared by the Environmental Professional and provided to the City for review and approval.
The project applicant shall also require the construction General Contractor to prepare a Health and Safety Plan (HSP) establishing appropriate protocols for working at the property and submit the HSP to the City prior to issuance of construction and grading permits. Workers conducting property earthwork activities in contaminated areas shall complete 40-hour HAZWOPER training course (29 CFR 1910.120). The General Contractor shall be responsible for the health and
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safety of their employees as well as for compliance with all applicable federal, state, and local laws and guidelines.
31. MM TRN-1: Reduce Project VMT. The project applicant shall hire a qualified transportation consultant to develop and implement TDM strategies for the project to reduce the project’s VMT per capita to the extent feasible. These TDM strategies shall be implemented concurrently with the occupation of the completed residences on-site. These strategies could include, but are not limited to, the following:
• TP01 – School Pool Programs: Organize a program that matches families in carpools for school pick-up and drop-off. Organizing a School Pool Program helps match parents who transport students to schools without a bussing program, including private schools, charter schools, and neighborhood schools where students cannot walk or bike. The school pool program would be open to all families in the development. School pools reduce the total number of vehicle trips traveling to and from schools, thereby reducing VMT. • TP02 – Bike Share Programs: Dedicate space on-site for or provide subsidies to a bike sharing system, ideally one with high penetration in a larger area, such as Bay Wheels. Bike share substitutes for some driving trips and provides a first/last-mile connection for transit users, reducing auto trips and thereby reducing VMT. This reduction only applies if a bike share station is built on site. • TP03 – Car Share Programs: Provide subsidies and promotions, as well as dedicated parking spaces, for car sharing services such as ZipCar, Car2Go, and GetAround for 100 percent of residents from the project. Supporting a car sharing program allows for people to have on-demand access to a shared fleet of vehicles on an as-needed basis. Car sharing helps support the use of walking, biking, carpooling, and transit by providing another means for business/day trips or a guaranteed ride home option, allowing for overall reductions in auto use which results in reduced VMT.
• TP18 – Voluntary Travel Behavior Change Program: Provide a program that targets individual attitudes and behaviors towards travel and providing tools for individuals to analyze and alter their travel behavior. Voluntary Travel Behavior Change programs include mass communication campaigns and travel feedback programs, such as travel diaries or feedback on calories burned from activities
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and travel. This strategy encourages the use of shared ride modes, transit, walking, and biking, thereby reducing VMT.
A report summarizing the feasible TDM strategies and the plan for implementation shall be submitted to the City for review and approval prior to issuance of building permits. Documentation showing proof of implementation of the approved TDM strategies and implementation plan summarized in this report shall be submitted to the City within one year of issuance of the occupancy permit for the last residence in the final phase of development.
32. ADDITIONAL TDM STRATEGIES: In addition to the strategies listed in MM TRN1, the applicant shall also consider the measures listed below quantified by California Air Pollution Control Officers Association (CAPCOA) and shown to have different efficiencies reducing regional VMT:
• Provide Electric Vehicle Charging Infrastructure
• Provide Secure Bike Parking
• Provide Pedestrian Network Improvement
• Construct or Improve Bike Facility
• Dedicate Land for Bike Trails
The following conditions shall be complied with AT ALL TIMES DURING THE CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition.
33. CONSTRUCTION RELATED NOISE: To minimize potential construction-related impacts to noise, Developer shall include the following language on any grading, site work, and construction plans issued for the subject site “During earth-moving, grading, and construction activities, Developer shall implement the following measures at the construction site:
a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on Sundays and City-observed holidays;
b. Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a
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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.”
34. CONSTRUCTION RELATED AIR QUALITY: To minimize potential constructionrelated impacts to air quality, Developer shall require all construction contractors to implement the basic construction mitigation measures recommended by the Bay Area Air Quality Management District (BAAQMD) and shall include the following language on any grading, site work, and construction plans issued for the project site
“During earth-moving, grading, and construction activities, Developer shall implement the following basic control measures at the construction site:
a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day; b. All haul trucks transporting soil, sand, or other loose material onsite or offsite shall be covered;
c. All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day.
The use of dry power sweeping is prohibited;
d. All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles per hour;
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used;
f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points;
g. All construction equipment shall be maintained and properly tuned in
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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.”
35. DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered, the Developer will ensure the contractor employs engineering controls and Best Management Practices (BMPs) to minimize human exposure to potential contaminants. Engineering controls and construction BMPs will include, but not be limited to, the following:
a. Contractor employees working on-site will be certified in OSHA’s 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training;
b. Contractor will stockpile soil during development activities to allow for proper characterization and evaluation of disposal options;
c. Contractor will monitor area around construction site for fugitive vapor emissions with appropriate filed screening instrumentation; d. Contractor will water/mist soil as it is being excavated and loaded onto transportation trucks;
e. Contractor will place any stockpiled soil in areas shielded from prevailing winds; and
f. Contractor will cover the bottom of excavated areas with sheeting when work is not being performed.
36. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is discovered during construction of the project, excavations within 50 feet of the find shall be temporarily halted or delayed until the discovery is examined by a qualified paleontologist, in accordance with the Society of Vertebrate Paleontology standards. The City shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. If the find is determined to be significant and if avoidance is not feasible, the paleontologist shall design and carry out a data recovery plan consistent with the Society of Vertebrate Paleontology standards.
37. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: If archaeological or cultural resources are discovered during earth-moving, grading, or construction activities, all work shall be halted within at least 50 feet of the find and the area shall be staked off immediately. The City shall be notified immediately and a qualified professional archaeologist shall be retained (at the applicant’s expense) to
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• evaluate the find and report to the City. If the find is determined to be significant, appropriate protection measures (such as collection, recordation, and analysis), shall be formulated by the professional archaeologist and implemented by the responsible party.
38. DISCOVERY OF HUMAN REMAINS: Pursuant to Section 7050.5 of the Health and Safety Code and Section 5097.94 of the Public Resources Code of the State of California, in the event of the discovery of human remains during construction, there shall be no further excavation or disturbance of the site within a 50-foot radius of the remains or any nearby area reasonably suspected to overlie adjacent remains. The Santa Clara County Coroner shall be notified and shall make a determination as to whether the remains are Native American. If the Coroner determines that the remains are not subject to the Coroner’s authority, the Coroner shall notify the Native American Heritage Commission who shall attempt to identify descendants of the deceased Native American. If no satisfactory agreement can be reached as to the disposition of the remains pursuant to the state law, the landowner shall re-inter the human remains and items associated with Native American burials on the property in a location not subject to further subsurface disturbance.
39. NOISE AND VIBRATION: During all phases of construction, the project shall comply with City Code Section 16.38 by implementing the following measures:
o Limit construction activity to weekdays between 7:00 AM and 7:00 PM and Saturdays between 9:00 AM and 7:00 PM, with no construction on Sundays and City holidays;
o Equip all internal combustion engine drive equipment with mufflers which are in good condition and appropriate for the equipment;
o Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area;
o Construct sound walls or other noise reduction measures prior to developing the project site;
o Prohibit all unnecessary idling of internal combustion engines; o Utilize “quiet” models of air compressors and other stationary noise sources where technology exists; and
Designate a “disturbance coordinator” who would be responsible for responding to any complaints about construction noise. The disturbance coordinator shall determine the cause of the noise complaint (e.g., bad muffler, etc.) and require that reasonable measures be implemented to correct the problem.
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PUBLIC WORKS CONDITIONS OF APPROVAL
The following conditions authorize the specific terms and are a part of the project ENTITLEMENT(S); and which shall be addressed on the construction plans submitted for any BUILDING PERMIT, GRADING PERMIT or SUPERSTRUCTURE, and shall be satisfied prior to issuance of whichever permit is issued first, or if another deadline is specified in a condition, at that time.
40. PAYMENT OF PUBLIC WORKS PLAN CHECK AND INSPECTION FEE: At the time of first improvement plan submittal, the applicant shall submit a $10,000.00 (Ten thousand dollar) initial deposit for project plan check and construction inspection. This deposit will be credited/accounted toward final plan check and inspection fee for the project. In addition, the applicant shall submit a detailed project cost estimate prepared by the project engineer, to approval of the City Engineer, with the initial project plan submittal. The cost estimate shall be broken out into on-site and off-site improvements. Prior to plan approval, the applicant shall pay 100% of the plan check and inspection fee based on the approved project cost estimate. Public Works will not sign-off on the issuance of the project building permit without full payment of this plan check and inspection fee. (PUBLIC WORKS).
41. PLAN SUBMITTAL: The Engineering project plans shall be submitted, in full, with the building permit plans. Improvement plans are required for both on-site and offsite improvements, and the improvement plan set cover sheet shall include an index referencing on-site and off-site improvements. All improvements shall be designed and constructed in accordance with the City of Gilroy Municipal Code and Standard Specifications and Details and are subject to all laws of the City of Gilroy by reference. The improvement plans shall include all civil project plans including, but not limited to, site plans, grading plans, utility plans, joint trench, off-site plans, lighting (photometric) plans, and landscaping plans within the public right-of-way.
The plan shall clearly identify both public and private utilities. The improvement plans shall be submitted with the Public Works Engineering submittal checklist provided by the City, and available on the City website.
In addition:
a. A complete set of improvement plans shall consist of Civil site design, landscape site design, Electrical, Joint Trench. Any walls or structural features part of the landscape design shall also be included; b. Improvement plans are required for both on-site and off-site improvements.
A separate plan set for each shall be prepared, or at the approval of the City Engineer, onsite and offsite sheets can be combined into one plan set;
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c. The improvement plan submittal, including utility sheets, shall show appropriate line types and labels to identify different type of utilities and pipe sizes. Utility boxes, hydrants, backflow preventers, etc. shall be relocated/installed behind the back of sidewalk;
d. Improvement plans (as second sheet in plan set) shall contain Approved Conditions of Approval;
e. Improvement plans shall include General Notes found in the City of Gilroy General Guidelines;
f. Improvement plans shall be completed per the Public Works Engineering submittal checklist, which can be found in the City’s website. At first submittal, a completed checklist shall be included in the submittal package and shall show which items have been included.
g. The improvement plan cover sheet shall include a table summarizing all facilities (Streets, Utilities, Parks, Landscaping, etc.), showing the ownership of all facilities, access rights to, and the maintenance responsibilities of all facilities;
h. Improvement and grading plans shall show existing topo and features at least 50’ beyond the project boundary. The plan shall clearly show existing topo, label contour elevations, drainage patterns, flow lines, slopes, and all other property encumbrances;
i. If the project has excess fill or cut that will be off-hauled to a site or onhauled from a site within the city limits of Gilroy, an additional Haul Permit is required. A statement indicating the need to obtain a Haul Permit must be added as a general note to the Grading and Drainage Plan; j. All grading and improvement plans shall identify the vertical elevation datum, date of survey, and surveyor;
k. A Title Report shall be submitted with first submittal improvement plans. An existing site plan shall be submitted showing all existing site conditions and title report easements. The plan shall include bearing and distance information for all right-of-way and easements;
l. The plan shall show any proposed easements to be dedicated for any needed purpose, or any easement expected to be abandoned through separate instrument. This includes PUE, PSE, EVAE, Cross-Property Access Easement, Landscape Easement, Drainage Easement, Pole Line Easement, etc.;
m. To ensure the plans are coordinated and there are no conflicts between disciplines, the applicant shall provide a “composite exhibit” showing Civil, Landscape, Electrical, and Joint Trench design information (as a separate sheet titled “Composite Plan”) to confirm that there are no conflicts; n. All Solid Waste Vehicle circulation movements shall be modeled and shown on a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled using AutoTurn swept analysis software, and shall include all turning and street circulation movements;
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o. All Emergency Vehicle circulation movements shall be modeled and shown on a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled using AutoTurn swept analysis software, and shall include all turning and street circulation movements; p. All utility boxes exposed to traffic or in a driveway, including sanitary sewer and/or water meter boxes, shall have traffic-rated boxes and lids; q. All on-site recycled water system improvements, including appurtenances, shall be located within a PSE. (PUBLIC WORKS)
42. UTILITY PLANS: A utility plan shall be provided for all projects as specified within these conditions of approval. To ensure coordination between the applicant and the relevant utility company:
a. The applicant shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground). b. The applicant shall negotiate any necessary right-of-way or easement with PG&E, or any other utilities, subject to the review and approval by the Engineering Division and the utility companies.
c. A “Will Serve Letter” shall be provided for each utility company expected to service the subdivision. Early coordination with the utility companies is necessary to obtain this letter. Coordination of City utilities shall be through the Engineering Division.
d. A note shall be placed on the joint trench composite plans which states that the plan agrees with City Codes and Standards and that no underground utility conflict exists. (PUBLIC WORKS)
43. UTILITY RESPONSIBILITIES: Storm, sewer & water utilities in private areas shall be privately owned and privately maintained. Conversely, public utilities within utility easements on private property remain the responsibility of the individual utility companies to maintain. The plans shall note the inspection, ownership and maintenance responsibility for each utility shown on the plans within a Table of Responsibilities on the project cover sheet of the improvement plans submitted with the initial plan submittal. The table shall include the list of streets, the responsible party for inspection of the improvements, who is responsible for the ownership of the utility, and who is responsible for the maintenance of the utility. An example of this table, including the types of utilities to be listed, can be provided by the Engineering Division upon request. (PUBLIC WORKS)
44. PREPARATION OF ELECTRICAL PLANS: The project electrical plans shall be prepared by a registered professional engineer experienced in preparing these types of plans. The applicant shall
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submit, with the improvement plans submitted with the initial plan submittal, a letter from the design Electrical or Civil Engineer that states the electrical plan conform to City Codes and Standards, and to the approved improvement plans. The letter shall be signed and stamped by the professional engineer that prepares the improvement plans. (PUBLIC WORKS)
45. EXISTING FACILITIES PROTECTION: All existing public utilities shall be protected in place and if necessary, relocated as approved by the City Engineer. No permanent structure is permitted within City easements without the approval of the City of Gilroy. (PUBLIC WORKS)
46. WATER QUALITY: Project design shall comply with the Stormwater Management Guidance Manual for Low Impact Development & Post-Construction Requirements.
The applicant shall submit the Source Control Checklist as well as the appropriate Performance Requirements Checklist found in Appendix A of the manual at the time of the initial submittal for building permit. The manual can be found at the following site: www.cityofgilroy.org/261/Storm-Water-Management (PUBLIC WORKS)
47. DEVELOPER STORM WATER QUALITY RESPONSIBILITY: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and implement such measures. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations, or a project stop order. (PUBLIC WORKS)
48. BEST MANAGEMENT PRACTICES (BMP): The applicant shall perform all construction activities in accordance with Gilroy Municipal Code Section 27C, Municipal Storm Water Quality Protection and Discharge Controls, and Section E.10, Construction Site Storm Water Run-Off Control Program of the Regional NPDES Permit. Detailed information can be located at:
www.flowstobay.org/documents/business/construction/SWPPP.pdf. This sheet shall be printed and included in all building construction plan sets permitted for construction in the City of Gilroy. (PUBLIC WORKS)
49. FIRE DEPARTMENT HYDRANT FLOW TEST: The applicant shall perform a Fire Hydrant flow test to confirm the water system will adequately serve the development and will modify any part of the systems that does not perform to the standards established by the City. Applicant shall coordinate with Fire Department for the Fire Hydrant flow test. The flow test results shall be submitted with the initial plan submittal. (PUBLIC WORKS)
50. WATER CONSERVATION: The project shall fully comply with the measures required by the City’s Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments to meet the requirements imposed by the State of California’s Water Board. This ordinance established permanent voluntary water saving measures and temporary conservation standards. (PUBLIC WORKS)
51. PROJECT STUDIES: The applicant shall submit, for City approval, any applicable water, sewer,
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storm drain or traffic studies for the development deemed appropriate by the City Engineer. These studies shall provide the supporting hydraulic calculation for pipe sizing per the City Standard Design Guidelines. The study shall be reviewed and approved by Engineering. If the results of the study indicate that this development contributes to the over-capacity of the trunk line, the applicant will be required to mitigate the impact by removing and replacing or upsizing of the existing utilities to accommodate the appropriate level of project flows to the approval of the City Engineer. The improvements shall be addressed on the construction drawings, to the approval of the City Engineer, prior to the issuance of the first building permit. (PUBLIC WORKS)
52. IMPACT FEES: The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. The City’s latest impact fee schedule is available on the City’s website. Payment of all Impact Fees is required at first building permit issuance. Fees shall be based on the current fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy. Note that impact fees increase at the beginning of each fiscal year, July 1. Specific fee language is provided further in these conditions of approval. (PUBLIC WORKS)
53. STORMWATER MANAGEMENT PLAN: At first improvement plan submittal, the applicant shall submit a Storm Water Management Plan (SWMP) prepared by a registered Civil Engineer. The SWMP shall analyze the existing and ultimate conditions and facilities, and the study shall include all off-site tributary areas.
Study and the design shall be in compliance with the City’s Stormwater Management Guidance Manual (latest edition). Existing off-site drainage patterns, i.e., tributary areas, drainage amount, and velocity shall not be altered by the development. The plan shall be to the approval of the City Engineer and shall be approved prior to the issuance of the building permit. (PUBLIC WORKS)
54. STORMWATER CONTROL PLAN: At first improvement plan submittal, the applicant shall submit a design level Stormwater Control Plan Report (in 8 ½ x 11 report format), to include background, summary, and explanation of all aspects of stormwater management. The report shall also include exhibits, tables, calculations, and all technical information supporting facts, including but not limited to, exhibit of the proposed site conditions, which clearly delineates impervious and pervious areas on site. The plan shall provide a separate hatch or shading for landscaping/pervious areas on-site including those areas that are not bio-retention areas. This stormwater control plan report format does not replace, or is not in-lieu of any stormwater control plan sheet in the improvement plans.
The stormwater control plan shall include a signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. At applicant’s sole expense, the stormwater control plan shall be submitted for review by an independent third party accepted by the City for compliance. Result of the peer review shall be submittal and approved by the City Engineer prior to the issuance of the first building permit. (PUBLIC WORKS)
55. REPAIR OF PUBLIC IMPROVEMENTS: The applicant shall repair or replace all existing improvements not designated for removal, and all new improvements that are damaged during construction or removed because of the applicant’s operations. The applicant shall request a walk-through with the Engineering
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Construction Inspector before the start of construction to verify existing conditions.
Said repairs shall be completed prior to the first occupancy of the project. (PUBLIC WORKS)
56. SIGHT DISTANCE: As part of your first submittal, provide sight distance plans that clearly show standard sight distance will be provided and no items obstruct sight distance for driveways, roadways, intersections, etc. Please note that private signs, fences, walls, buildings, landscape features, above ground utilities, guardrail, barriers, railing, etc. will not be allowed within sight distance triangles. Provide all Sight Distance plans per Caltrans, AASHTO, and NCHRP Requirements for all project frontage access points, roadways, and offsite mitigation measure locations.
These calculations and drawings shall be completed as it is important to ensure the development meets sight distance standards and all roadways, intersections, and access points to these facilities are safe for motorists and pedestrians. (PUBLIC WORKS)
57. DRIVEWAY DESIGN: Driveway grades shall be designed to keep a standard design vehicle from dragging or “bottoming out” on the street or driveway, and to keep water collected in the street from flowing onto the lots. The details of such design shall be provided on the site civil plans to the satisfaction of the City Engineer. (PUBLIC WORKS)
58. GRADING & DRAINAGE: All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. There shall be no earthwork disturbance or grading activities between October 15th and April 15th unless otherwise approved by the City Engineer. If approved, the applicant shall submit a Winterization Erosion Control Plan to the City Engineer for review and approval.
This plan shall incorporate erosion control devices and other techniques in accordance with Gilroy Municipal Code § 27C to minimize erosion. Specific measures to control sediment runoff, construction pollution and other potential construction contamination sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on-site while the project is under construction. A Notice of Intent (NOI) shall be filed with the State Water Resources Control Board, with a copy provided to the Engineering Division before a grading permit will be issued. A project WDID# shall be added to the grading plans prior to plan approval. (PUBLIC WORKS)
59. GEOTECHNICAL ENGINEER: Prior to building permit issuance, the applicant’s Geotechnical Engineer shall review the final grading, pavement design and
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drainage plans to ensure that said designs are in accordance with the recommendations or the project geotechnical study, and the peer review comments. The applicant’s Geotechnical Engineer’s approval shall then be conveyed to the City either by letter, or by signing the plans.
All grading operations and soil compaction activities shall be per the approved project’s design level geotechnical report. All grading activities shall be conducted under the observation of, and tested by, a licensed geotechnical engineer. A report shall be filed with the City of Gilroy for each phase of construction, stating that all grading activities were performed in conformance with the requirements of the project’s geotechnical report. The applicant shall add this condition to the general notes on the grading plan.
Certification of grades and compaction are required prior to Building Permit final.
This statement must be added as a general note to the Grading and Drainage Plan. (PUBLIC WORKS)
60. TREE REMOVAL PERMIT: The applicant shall obtain a Tree Removal Permit from the Engineering Division for removal of existing trees in the public right-of-way, prior to the issuance of a building permit or demolition building permit, whichever is issued first. (PUBLIC WORKS)
61. ENCROACHMENT PERMITS, BONDS, AND INSURANCE: The applicant must obtain an encroachment permit, posting the required bonds and insurance, and provide a one (1) year warranty for all work to be done in the City's right-of-way or City easement. This encroachment permit shall be obtained prior to the issuance of a foundation building permit and prior to any work being done in the City's right-of-way. All existing public utilities shall be protected in place and if necessary relocated as approved by the City Engineer. No permanent structures are permitted within the City right-of-way, or within any City easement unless otherwise approved by the City Engineer. The applicant shall have street improvement plans prepared for all work in the public right-of-way by a licensed civil engineer, whose signed engineer’s stamp shall appear on the plans. Prior to issuance of the encroachment permit, the applicant shall submit any applicable pedestrian or traffic control plans for any lane or sidewalk closures. The traffic control plan shall comply with the State of California Manual of Uniform Traffic Control Devices (MUTCD), and standard construction practices. [(For major street improvements) Construction plans for improvements in the right-of-way shall be submitted to the City Engineer at 30%, 60%, and 90% design for review. All design assumptions and criteria shall be submitted with each phase of design submittal. Project specifications shall be included for review with the 90% design review.] Final construction plans and specifications shall be approved by the City Engineer,
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and released for construction, prior to the issuance of the encroachment permit.
Right-of-way offsite improvements for this project shall include, at a minimum, the following items: (PUBLIC WORKS)
a. Existing Utility Confirmation: The applicant is required to confirm the location of existing utility lines along the project frontage by potholing. Prior to any potholing, applicant shall submit a pothole plan for City review and approval. Applicant shall provide the pothole result to the City Engineer prior to final design
b. STREET WIDENING: Any street widening on Miller Avenue shall be consistent with City Standards. The applicant shall install new street section, curb, gutter, and sidewalk and relocate affected utilities as directed by the City Engineer. All work shall be shown on the required improvement plans. c. STREET TREES: The applicant shall plant street trees along the project frontage to match the City of Gilroy’s Street Tree Plan in effect at the time of construction. The street tree plans shall be per City Standard Drawings, and will include City Standard tree grates.
d. STREET SIGNS AND MARKINGS: The applicant shall install necessary street signs and markings of a material and design approved by the City Engineer. These include but are not limited to all pavement markings, painted curbs and handicap markings along the project. All permanent pavement markings shall be thermoplastic and comply with Caltrans Standards. Color and location of painted curbs shall be shown on the plans and are subject to approval by the City Engineer. Due to safety concerns regarding Miller Ave in a rural area, this project shall remove all existing signs and pavement marking, and replace with reflectorized materials per Caltrans standards and/or approval by the City Engineer. Any existing painted curb or pavement markings no longer required shall be removed by grinding if thermoplastic, or sand blasting if in paint. e. SIDEWALK: The applicant shall install sidewalk along the project frontage connecting to established sidewalk. In addition, as part of the VMT mitigation, sidewalk shall be installed along the east side of Miller Avenue from the south project frontage to San Justo Rd. Sidewalk installation shall be constructed per the City Standard Drawings.
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a. SIDEWALK: The applicant shall install create a successful sidewalk connection between the south side and north side of the existing creek bridge on Miller Road. Design shall be acceptable for pedestrian and ADA access crossing the creek and in a general alignment with Miller Avenue. b. CURB RAMP(S): The applicant shall construct curb ramp(s) in accordance with the latest Caltrans State Standard Drawing at all new street intersections and remove and replace to current standard all existing damaged and/or substandard curb ramps. The actual ramp "Case" shall be identified on the plans and shall be to the approval of the City Engineer. c. CURB AND GUTTER: The applicant shall install new curb and gutter in Miller Ave along Phase I, and if required by the city engineer, along phase II, and shall be constructed per the City Standard Drawing STR-12. d. DRIVEWAY APPROACH(ES): The applicant shall install City Standard Residential driveway approaches.
e. SEWER CLEAN-OUT: The applicant shall install a sewer lateral clean-out at the property line in accordance with the City Standard Drawing SWR-6. f. SEWER MAIN: New sewer line shall be PVC, SDR 26 or equal. Applicant is required to submit plans and drawings for approval prior to submitting the first building permit. Construction of the new mainline shall be completed prior to issuance of the certificate of occupancy.
g. SANITARY (STORM) SEWER MANHOLE(S): The applicant shall install standard sanitary sewer, per approved plans and in accordance with the City Standard Drawing.
h. STORM WATER CATCH BASIN(S): The applicant shall install standard storm water catch basins, in accordance with the City Standard Drawing.
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i. SIDEWALK UNDERDRAIN(S): The applicant shall install standard sidewalk underdrains in accordance with the City Standard Drawing STR-19. j. STREETLIGHT(S): The applicant shall provide and install standard aluminum electrolier street light(s) on Miller Ave from Santa Teresa Blv to San Justo Rd per City Standard Drawing EL-1 to EL-5. The applicant is responsible for all PG&E service fees and hook-up charges. Any new service point connection required to power the new lights shall be shown on the construction drawings along with the conduit, pull boxes and other items necessary to install the street lights. An Isometric lighting level needs to be provided by the designer/contractor. A separate light study may be required by the City Engineer. The new street light shall has 32’ mounting height per Standard Drawing EL-3, with mounting arm length per Standard Drawing EL-4, the Fixture shall be Leotek GC1 or GC2 series in an approved configuration per detail EL-2 or approved equal. The arm shall be installed at the location as shown on the approved plans.
k. FIRE HYDRANTS: The applicant shall install new fire hydrants along the project frontage. Spacing shall meet City and Fire Marshall requirements.
62. SEWER MAIN EXTENSION: At initial design submittal, the plans shall show connection to nearest manhole along miller avenue per City Standards, guidelines and specifications. (PUBLIC WORKS)
63. FIRE TRUCK TURNS: At the initial submittal, the plans shall show the red curbing as necessary for the fire truck to successfully complete its turn movements without encroachment into oncoming lanes. (PUBLIC WORKS)
64. PUBLIC TO PRIVATE TRANSITION APRON: The initial submittal shall show the public to private transition per the revised City Standard Detail STR-4. Contact Land Development Engineer for revised standard. (PUBLIC WORKS)
65. UTILITIES: All new services to the development shall be "underground service" designed and installed in accordance with the Pacific Gas and Electric Company, AT&T (phone) Company and local cable company regulations. Transformers and switch gear cabinets shall be placed a minimum of 3’ from back of sidewalk.
Underground utility plans must be submitted and approved with the site improvement plans. (PUBLIC WORKS)
66. SITE LIGHTING STANDARDS: The applicant shall submit a photometric plan for
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on-site lighting showing lighting levels to Illuminating Engineering Society (IES) Standards. The plan shall comply with the requirement of an average of 1 footcandle with a 4:1 minimum to average ratio and a minimum lighting of 0.3 footcandle. This lighting standard is applicable to all accessibly parking lots, driveways, circulation areas, aisles, passageways, recesses, and accessible grounds contiguous to all buildings. The lighting system shall be so designed as to limit light spill beyond property lines and to shield the light source from view from off site. The photometric plan shall be approved by the City Engineer. (PUBLIC WORKS)
67. STREET LIGHTING STANDARDS: The applicant shall submit plans for street/sidewalk showing lighting levels to Illuminating Engineering Society (IES) Standards. The plan shall comply with lighting requirements as follows:
a. Arterial Streets: 1.0 fc with minimum lighting of 0.5 fc b. Collector/Local Streets: 0.6 fc average with a 0.3 fc minimum c. High Volume Intersections: 1.0 fc with a 4:1 minimum to average ratio and a minimum lighting of 0.5 fc
d. Low Volume Intersections: 0.6 fc with a 4:1 minimum to average ratio and a minimum lighting of 0.3 fc.
The applicant shall submit a photometric plan identifying how these lighting levels are being met given the site geometrics, using City Standard street lights, and a Type III lighting distribution. The width of the street and lighting levels shall determine the lighting spacing. Street lights and pull boxes shall be installed in the planter strip if one is present, or behind the back of walk where feasible so as to maintain sidewalk clear of obstructions to the approval of the City Engineer. The photometric plan shall be approved prior to the issuance of the building permit. (PUBLIC WORKS)
68. FENCES AND OTHER PERMANENT STRUCTURES WITHIN CITY RIGHT-OFWAY: The applicant shall locate all project fencing and foundation of a permanent nature within the project’s property and out of the City right-of-way. (PUBLIC WORKS)
69. STORM DRAIN INLETS AND WATERWAYS: Per the City’s Clean Water Program’s requirements, the applicant shall mark with the words “No Dumping! Flows to Bay,” or equivalent, using methods approved by the City standards on all storm inlets surrounding and within the project parcel. (PUBLIC WORKS)
70. UNDERGROUND FRONTAGE UTILITY LINES: The applicant must underground all overhead utilities, and remove all related utility poles, onsite and along the project frontage from utility pole to utility pole, including the overhead line crossing
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Santa Teresa Blvd. The applicant shall be responsible for the coordination with all utility companies existing on the poles and coordinate for their undergrounding or relocation as necessary so that the project frontage is free from utilities to the approval of the City Engineer. The applicant shall submit plans for this undergrounding work with the civil site improvement plans submitted with the first building permit. Permitting for this undergrounding work shall occur prior to the site improvement plan permit. (PUBLIC WORKS)
71. DRAINAGE: Drainage designed into landscaping with the purpose of reducing volume or improving quality of runoff from the site shall be implemented according to the requirements of the Stormwater Management Guidance Manual for Low Impact Development & Post Construction Requirements (June 2015) and shall also be, subject to the approval of the City Engineer. Where necessary, sidewalk drains per the City Standard Drawing shall be provided to direct the water under the sidewalk and through the curb. No increase to the peak discharge shall be permitted downstream. In addition, discharge must conform to any non-point source permit issued by the Regional Water Quality Control Board. Drainage improvements made on-site shall conform to standard engineering practices and shall not allow any site drainage to impact adjacent properties. All drainage capacity calculations shall be performed by a licensed Civil Engineer, whose signed engineer’s stamp shall appear on the calculation’s sheets, and shall be submitted to the City for review and approval with the project civil plans. For projects that include permanent structural controls for water quality protection, the O&M (operation and maintenance) procedures for such control features shall be submitted in a site-specific Stormwater Control Plan (SWCP) which shall be reviewed and approved prior to occupancy. A formal O&M Agreement shall specify the owner’s responsibility to ensure their ongoing effective operation and maintenance. Such O&M responsibility requirements shall be recorded on the property deed.
If the project is proposing to connect to an existing storm drain system within or downstream from the site, the design engineer shall provide calculations with the final design plans to demonstrate that the downstream drainage system has adequate capacity to accommodate the additional site flows being added to the system for the design storm per City Standards. The calculations shall be to the approval of the City Engineer prior to the issuance of the first building permit. (PUBLIC WORKS)
72. STORM DRAIN CONNECTION: This sites stormwater runoff shall exit the site north of Parcel F, and drain into the existing drainage swale into existing culvert of Babb’s Canyon Creek. The project shall mitigate for all storm events consistent with storm water management design. (PUBLIC WORKS)
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73. STORMWATER MANAGEMENT: At Developer’s sole expense, Developer shall submit results from a third-party review of the project’s stormwater design. The results shall confirm that the project is complying with requirements set in the City of Gilroy Stormwater Management Guidance Manual for Low Impact Development and Post-Construction Requirements. (PUBLIC WORKS)
74. SITE LANDSCAPING COORDINATION: The site landscaping needs to be coordinated between the stormwater treatment area and the overall site landscaping plan area. The landscaping within the stormwater treatment area will not count towards the site landscaping requirement. Stormwater treatment areas should be identified on the site first, and then site landscaping to make sure the correct plant material is identified for each area. Some site landscaping plant material may not be suitable in stormwater treatment areas due to the nature of the facility. Sewer facilities cannot be aligned through stormwater treatment facilities.
It is the applicant’s responsibility to coordinate the civil stormwater treatment facilities and the plans from the project landscaper. (PUBLIC WORKS)
75. TRAFFIC STUDY: This project shall make any and all onsite and offsite traffic mitigations per the project Traffic Impact Analysis. (PUBLIC WORKS)
76. ADDRESS PLAN: The applicant shall submit to the Public Works Department a final address plan. The plan shall be substantially in conformance with the address plan approved with the Arch & Site application. Said submittal shall be approved by the City Engineer prior to the submittal of plans for any demolition permit, building permit, or site development permit and shall be satisfied prior to issuance of whichever permit is issued first. (PUBLIC WORKS)
77. PERMITS REQUIRED BY OTHER AGENCIES: The applicant shall obtain all applicable permits from federal, state, and local agencies as required to construct the proposed improvements. The applicant is hereby informed that permits may be required by one (1) or more of the following: Army Corps of Engineers, UPRR, Fish and Wildlife, Regional Water Quality Control Board, Santa Clara County Roads and Airports, Santa Clara Valley Water District or Habitat Permit. If project is within jurisdiction of any of these agencies, verification of permit or waiver of permit must be given to the Public Works Department prior to issuance of any required City permits. If the City is required to be a party to the permit application and a fee is required, the applicant shall reimburse the City for its cost. A copy of these permits shall be provided to the satisfaction of the City Engineer prior to the issuance of the building permit. (PUBLIC WORKS)
78. IMPACT FEES: The applicant shall pay a fee proportional to the project's share of impact to the City’s additional tree planting, water system, sewer system, storm
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drainage, transportation improvements, and increases to uses for public facilities.
The fee shall be used to fund improvements identified in the City’s Water Master Plans. The estimated impact fees, based on the approved entitlement plans, are estimates only. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. At first improvement plan submittal, applicant’s engineer shall submit a calculation for water generation per the City’s Master Plan design criteria. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit.
STREET TREE DEVELOPMENT IMPACT FEE: $13,848.66
STORM DEVELOPMENT IMPACT FEE: $23,347.00
SANITARY SEWER DEVELOPMENT IMPACT FEE: $756,108.00
WATER DEVELOPMENT IMPACT FEE: $259,740.00
TRANSPORTATION IMPROVEMENT FEE: $745,416.00
PUBLIC FACILITIES IMPACT FEE: $1,289,412.00
(PUBLIC WORKS)
79. CONSTRUCTION NOTICING: At least one week prior to commencement of any on or off-site work, the applicant shall post at the site, and to property owners within (300') three hundred feet of the exterior boundary of the project site a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. Noticing shall be in both English and Spanish. The notice shall be submitted for review to the approval of the City Engineer two weeks prior to the issuance of the building permit. (PUBLIC WORKS)
The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL MAP, or if another deadline is specified in a condition, at that time.
80. DEDICATION OF EASEMENT: The applicant shall dedicate a 16 foot Public Service Easement to the City. The easement shall be conveyed by tract map. The applicant shall prepare the easement conveyance documents for review to the approval of the City Engineer. The easement shall be recorded with the County of Santa Clara prior to the issuance of the building permit. (PUBLIC WORKS)
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81. SUBDIVISION (FINAL) MAP: The applicant shall have a subdivision map, prepared by a person authorized to practice land surveying in California, delineating all parcels created or deleted and all changes in lot lines in conformance with the Gilroy Municipal Code. The Final Subdivision Map shall be approved by the Department of Public Works and recorded by the County Recorder’s Office prior to (occupancy) or (the issuance of the first building permit).
A map guarantee shall be submitted to the City, by the applicant’s title company, prior to release of the map to the title company for recordation. Prior to the City’s release of the parcel map to the title company, the applicant may, at the discretion of the City Engineer, be required to submit to the City an electronic copy of the map in the AutoCAD Version being used by the City at the time of recordation. It is the applicant's responsibility to check with their title company and the County Recorder’s Office to determine the time necessary to have the map recorded after City approval.
The Subdivision (Final) 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 Subdivision (Final) Map is deemed technically correct, and Improvement Plans with supporting documents, reports and agreements are approved by the City. Executed Subdivision (Final) Map shall be returned to the City Public Works Department if Subdivision (Final) Map has not been filed in the County Recorder’s Office within ninety (90) days from the date of City Council’s approval. (Note: This item to also be added for condominium projects.) (PUBLIC WORKS)
82. PROPERTY IMPROVEMENT AGREEMENT (PIA): The applicant shall enter into a public improvement agreement with the City per Gov. Code Section 66462(a), and shall arrange to provide Payment and Performance bonds each for 100% of the cost of public infrastructure improvements to be constructed in the public right-ofway. These improvements shall include, but not be limited to, roadway construction, sidewalk, curb and gutter, water lines, storm lines, sewer lines, street lights, and signal equipment. City Standard insurance shall be provided per the terms of the agreement. The agreement will be forwarded to the City Council for approval with project (parcel or final) map. The PIA shall be approved by the City Council prior to the issuance of the project building permit. (PUBLIC WORKS)
83. MONUMENTS: The applicant shall arrange for the engineer to have all monuments set per the recorded final map. A certificate letter by the Surveyor or Engineer will be provided to the City Engineer. (PUBLIC WORKS)
84. COVANANTS, CONDITIONS & RESTRICTIONS (CC&R): The applicant shall prepare project Covenants, Conditions and Restrictions (CC&R) for the project.
The CC&Rs shall be submitted with the project map for review and approval of the
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City Engineer, the City Attorney, and the Planning Manager. The CC&Rs shall include relevant project Conditions of Approval, and shall include language that restricts the Homeowner’s Association from making changes to the CC&Rs without first obtaining approval from the City. The CC&Rs shall be reviewed and approved prior to the City Council approval of the project map. (PUBLIC WORKS)
85. RECORD DRAWINGS: The applicant shall submit one full set of original record drawings and construction specifications for all off-site improvements to the Department of Public Works. All underground facilities shall be shown on the record drawings as constructed in the field. The applicant shall also provide the City with an electronic copy of the record drawings in the AutoCAD Version being used by the City at the time of completion of the work. The applicant shall also submit an AutoCAD drawing file of all consultants composite basemap linework showing all public improvements and utility layouts. This condition shall be met prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first. (PUBLIC WORKS)
86. PAVEMENT RESTORATION: Due to construction activities, new utility cuts along the project frontage, and the anticipated project’s truck traffic the applicant shall at a minimum conduct a 2” asphalt concrete grind and overlay with dig outs as needed for Miller Avenue, edge of pavement to edge of pavement, along the entire project frontage and along the length of proposed Miller Avenue sanitary sewer main extension.
Additionally, the applicant shall conduct the same pavement treatment listed above to roadways damaged because of construction activities within the general area of the project or along the designated haul route. If the street abutting the property has been classified as being in a failed condition or a Pavement Condition Index (PCI) of 50 or below, the applicant will be required to reconstruct the street. The City Engineer shall approve the roadway repair prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first. (PUBLIC WORKS)
87. STORMWATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT:
The applicant shall execute a Stormwater Management Facilities Maintenance Agreement with the City Engineer as specified in Chapter 7.39.210-230 of the Stormwater Management and Discharge Control ordinance. The agreement shall outline the operation and maintenance (O&M) plan for the permanent storm water treatment facilities. The City-Standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. The agreement shall include the following:
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a. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. b. All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s) or other legal entity approved by the City.
c. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans.
d. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan.
This agreement shall be executed prior to the first occupancy of the building. (PUBLIC WORKS)
88. STORMWATER MANAGEMENT FACILITIES INSPECTION: The Stormwater Management Facilities Maintenance Agreement work shall require inspections be performed which shall adhere to the following:
a. To comply with the State Stormwater requirements and the NPDES permit, the applicant shall secure a QSD or QSP to maintain all erosion control and BMP measures during construction. The applicant’s QSD or QSP shall provide the City weekly inspection reports to the approval of the City Engineer.
b. Stormwater facility inspections shall be done at least twice per year, once in Fall by October 1st, in preparation for the wet season, and once in Winter by March 15th. Written records shall be kept of all inspections and shall include, at minimum, the following information:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List of stormwater facilities inspected;
5. Condition of each stormwater facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site re-inspection.
c. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1st for the Fall report, and no later than March 15th of the following year for the Winter report. d. Before commencing any grading or construction activities, the applicant 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.
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