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2022-02-07 City Council Regular Meeting Agenda Packet February 3, 2022 9:26 PM City Council Regular Meeting Agenda Page1 MAYOR Marie Blankley COUNCIL MEMBERS Rebeca Armendariz Dion Bracco Zach Hilton Peter Leroe-Muñoz Carol Marques Fred Tovar CITY COUNCIL AGENDA CITY OF GILROY VIRTUAL MEETING VIA ZOOM GILROY, CA 95020 REGULAR MEETING 6:00 P.M. MONDAY, FEBRUARY 7, 2022 CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF ASSEMBLY BILL 361. MEETING MATERIAL IS AVAILABLE ON THE CITY WEBSITE www.cityofgilroy.org. Pursuant to California Assembly Bill 361, a local legislative body is authorized to hold public meetings remotely and to make those meetings accessible to all members of the public seeking to observe and to address the local legislative body by remote means only via a technology solution. As such, the City will provide various options for the public to participate in the conduct of the meeting, as indicated in detail below on this cover sheet. In order to minimize the spread of the COVID 19 virus, the City will be offering online conferencing via Zoom, Facebook Live, and telephone for the public to view or listen to this meeting. Written comments can be submitted by email to Thai Nam Pham, City Clerk, at cityclerk@cityofgilroy.org. Please note that written comments will not be read out loud, but it will be part of the written record. To Participate via Zoom: Weblink: https://bit.ly/32wnNSt Or via Telephone: +1 669 900 6833 Webinar ID: 898 0620 9679 Passcode: 243873 To View the Meeting Live on Facebook: Weblink: https://www.facebook.com/CityofGilroy COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker. Please limit your comments to 3 minutes. The amount of time allowed per speaker may vary at the Mayor’s discretion depending on the number of speakers and length of the agenda. City Council Regular Meeting Agenda 02/7/2022 Page2 Written comments on any agenda item may be emailed to the City Clerk’s Office at cityclerk@cityofgilroy.org or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1 p.m. on the day of a Council meeting will be distributed to the City Council prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351 Rosanna Street prior to the meeting. Any correspondence received will be incorporated into the meeting record. Items received after the 1 p.m. deadline will be provided to the City Council as soon as practicable. Written comments are also available on the City’s Public Records Portal at https://bit.ly/3G1vihU. In compliance with the Americans with Disabilities Act, and Assembly Bill 361, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk a minimum of 72 hours prior to the meeting at (408) 846-0204. If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council a t, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure. A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstance s, there is a significant exposure to litigation against the City. Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available with the agenda packet on the City website at www.cityofgilroy.org subject to Staff’s ability to post the documents before the meeting. KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, task forces, councils and other agencies of the City exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846-0204 The agenda for this regular meeting is as follows: 1. OPENING 1.1. Call to Order 1. Pledge of Allegiance 2. Invocation 3. City Clerk's Report on Posting the Agenda 4. Roll Call City Council Regular Meeting Agenda 02/7/2022 Page3 1.2. Orders of the Day 1.3. Employee Introductions 2. CEREMONIAL ITEMS 2.1. Proclamations, Awards, and Presentations 3. PRESENTATIONS TO THE COUNCIL 3.1. State Senator John Laird 3.2. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL This portion of the meeting is reserved for persons desiring to address the Council on matters within the Gilroy City Council’s jurisdiction but not on the agenda. Persons wishing to address the Council are requested to complete a Speaker’s Card located at the entrances and handed to the City Clerk. Speakers are limited to 1 minute each. The amount of time allowed per speaker may vary at the Mayor’s discretion depending on the number of speakers and length of the agenda. The law does not permit Council action or extended discussion of any item not on the agenda except under special circumstances. If Council action is requested, the Council may place the matter on a future agenda. Written comments to address the Council on matters not on this agenda may be e - mailed to the City Clerk’s Office at cityclerk@cityofgilroy.org or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1:00pm on the day of a Council meeting will be distributed to the City Council prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351 Rosanna Street, prior to the meeting. Any correspondence received will be incorporated into the meeting record. Items received after the 1:00pm deadline will be provided to the City Council as soon as practicable. Written material provided by public members under this section of the agenda will be limited to 10 pages in hard copy. An unlimited amount of material may be provided electronically. City Council Regular Meeting Agenda 02/7/2022 Page4 4. REPORTS OF COUNCIL MEMBERS Council Member Bracco – Gilroy Sister Cities Association (alternate), Santa Clara Co. Library JPA, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Regional Wastewater Authority Board, Street Naming Committee Council Member Armendariz – ABAG (Alternate), CalTrain Policy Group, Gilroy Downtown Business Association Board (alternate), Gourmet Alley Ad Hoc Committee, Historic Heritage Committee, Santa Clara Co. Library JPA (alternate), Santa Clara Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy Authority JPA Board (Alternate), Street Naming Committee, VTA Committee for Transit Accessibility (Alternate) Council Member Marques - Gilroy Downtown Business Association Board, Gilroy Gardens Board of Directors, Gourmet Alley Ad Hoc Committee, Historic Heritage Committee (Alternate), Santa Clara Valley Habitat Agency Governing Bo ard, Santa Clara Valley Habitat Agency Implementation Board, South County Regional Wastewater Authority (Alternate) Council Member Hilton – Gilroy Economic Development Partnership, Silicon Valley Clean Energy Authority JPA Board, South County United for Health, Visit Gilroy California Welcome Center Board Council Member Tovar – Economic Development Corporation Board, Gourmet Alley Ad Hoc Committee, Recycling and Waste Reduction Commission, Santa Clara Co. Expressway Plan 2040 Policy Advisory Board, SCVWD Water Commission (alternate), South County Joint Recycled Water Advisory Committee, South County Regional Wastewater Authority Board, Street Naming Committee, South County Youth Task Force Policy Team (alternate), VTA Committee for Transit Accessibility Council Member Leroe-Muñoz - ABAG, CalTrain Policy Group (alternate), Cities Association of Santa Clara County Board of Directors, Economic Development Corporation Board, Gilroy Youth Task Force, SCVWD Water Commission, Silicon Valley Regional Interoperability Authority Board, South County Youth Task Force Policy Team, VTA Mobility Partnership, VTA South County City Group (alternate), VTA Policy Advisory Committee (alternate) Mayor Blankley - Cities Association of Santa Clara Co. Board of Directors (alternate), Gilroy Economic Development Partnership, Gilroy Sister Cities Association, Gilroy Youth Task Force (alternate), Santa Clara Valley Habitat Agency Governing Board, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Joint Recycled Water Advisory Committee, South County Regional Wastewater Authority Board, VTA Board of Directors Alternate, VTA Mobility Partnership, VTA Policy Advisory Committee, VTA South County City Group 5. FUTURE COUNCIL INITIATED AGENDA ITEMS City Council Regular Meeting Agenda 02/7/2022 Page5 6. CONSENT CALENDAR (ROLL CALL VOTE) All matters listed under the Consent Calendar are considered by the City Council to be r outine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of the City Council or a member of the public. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears. 6.1. Action Minutes for January 24, 2022 City Council Regular Meeting 6.2. Resolution Of The City Council Of The City Of Gilroy Making Required Findings To Allow The Continuation Of Remotely Held Meetings Of The City Council and all Boards and Commissions Pursuant To Section 54953 of the Brown Act 7. BIDS AND PROPOSALS 7.1. Approval of an Agreement with Park Consulting Group for a Not to Exceed Amount of $284,000 for EnerGov LMS Professional Services 1. Staff Report: Cindy McCormick, Customer Service Manager 2. Public Comment 3. Possible Action: Approve a professional services agreement with Pa rk Consulting Group for a not to exceed amount of $284,000 to complete implementation of the EnerGov LMS Project, and authorize the City Administrator to execute the agreement. 7.2. Award of Contract to Swimming Swan LLC in the Amount of $358,750.00 to Serve as the Christopher High School Aquatics Center Operator in 2022 and 2023 (Project No. 22-RFP-AD-463). 1. Staff Report: Adam Henig, Recreation Manager 2. Public Comment 3. Possible Action: Award contract to Swimming Swan LLC in the amount of $358,750.00 to se rve as the Christopher High School Aquatics Center Operator in 2022 and 2023 (Project No. 22-RFP-AD-463) and authorize the City Administrator to execute the contract and associated documents. 8. PUBLIC HEARINGS 9. UNFINISHED BUSINESS 9.1. Annual Appointments to City Boards, Commissions and Committees With Seats Vacant or Expired as of December 31, 2021 1. Staff Report: Thai Pham, City Clerk 2. Public Comment 3. Possible Action: Appoint members to Boards, Commissions and Committees with seats vacant or expired as of December 31, 2021. City Council Regular Meeting Agenda 02/7/2022 Page6 10. INTRODUCTION OF NEW BUSINESS 10.1. Consent of the Appointment of Jon Biggs as Interim Community Development Director (Retired Annuitant) effective February 8, 2022 and Adoption of a Resolution of the City Council of the City of Gi lroy Approving the Exception to the 180-Day Wait Period for Jon Biggs and Approving the Interim Appointment and Employment Agreement Pursuant to California Government Code 21221(h) 1. Staff Report: LeeAnn McPhillips, Administrative Services/HR Director/Risk Manager 2. Public Comment 3. Possible Action: a) Consent of the City Administrator's recommendation to appoint Jon Biggs as Interim Community Development Director (as a retired annuitant) effective February 8, 2022. b) Adopt a Resolution of the City Council of the City of Gilroy approving the exception to the CalPERS 180-day wait period for the appointment of Jon Biggs (retired annuitant), consenting the City Administrator's recommendation to appoint Jon Biggs as Interim Community Development Director (Retired Annuitant) pursuant to California Government Code Section 21221(h), and authorizing the City Administrator to execute the employment agreement. 10.2. Adoption of a Resolution of the City Council of the City of Gilroy Rescinding Resolution No. 2021-17 and Adopting the Amended and Restated Flying Flags at City Facilities Policy 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: Council adopt the resolution. 10.3. Resolution to Approve 4-hour Limited-Term Parking at San Ysidro Park 1. Staff Report: Gary Heap, City Engineer/Transportation Engineer 2. Public Comment 3. Possible Action: Approval of a Resolution to Approve 4-hour Limited-Term Parking Along the Murray Avenue and Lewis Street Frontage of San Ysidro Park 11. CITY ADMINISTRATOR'S REPORTS 11.1. Citywide Fiber Optic Project Update 12. CITY ATTORNEY'S REPORTS City Council Regular Meeting Agenda 02/7/2022 Page7 13. CLOSED SESSION 13.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GC Sec.17A.8 (a) (2) 13.1.1. Property: Gilroy Sports Park, 5925 Monterey Frontage Road (APN’s 808-221-026, -028, and -030) Negotiators: Jimmy Forbis, City Administrator Other Party to Negotiations: Sharks Sports and Entertainment, LLC Under Negotiations: Price and Terms of Lease 13.1.2. Properties: 10th Street Bridge: APNs 808- 19-007, 799-30-006, 799-30-007, 808-19-020, 808-50-999, Thomas Luchessa Bridge: APNs 808-21-025, 808-21-023, 808-21-021, 808-21-018, New Fire Station: APNs 808-18-003, 808-19-029 Negotiators: Jimmy Forbis, City Administrator; Other Party to Negotiations: Glen Loma Corporation, John M. Filice, Jr.; Negotiating Price and terms of payment regarding purchase, sale 14. ADJOURNMENT FUTURE MEETING DATES: FEBRUARY 2022 15* Special Meeting - Council Retreat - 6:00 p.m. (in person) 28* Regular Meeting - 6:00 p.m. MARCH 2022 7* Regular Meeting - 6:00 p.m. 21* Regular Meeting - 6:00 p.m. APRIL 2022 4* Regular Meeting - 6:00 p.m. 18* Regular Meeting - 6:00 p.m. *meeting is webstreamed and televised. City of Gilroy STAFF REPORT Agenda Item Title: Action Minutes for January 24, 2022 City Council Regular Meeting Meeting Date: February 7, 2022 From: Jimmy Forbis, City Administrator Department: City Clerk Submitted By: Thai Pham Prepared By: Thai Pham Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Approve the minutes. Attachments: 1. January 24, 2022 City Council Regular Meeting Action Minutes 6.1 Packet Pg. 8 City Council Regular Meeting Minutes 01/10/2022 City of Gilroy City Council Meeting Minutes January 24, 2022 I. OPENING A. Call to Order The meeting was called to order at 6:00 PM by Mayor Marie Blankley 1. Pledge of Allegiance Vice Mayor Leroe-Muñoz led the Pledge of Allegiance. 2. Invocation None. 3. City Clerk's Report on Posting the Agenda City Clerk Pham declared the posting of the agenda. Attendee Name Title Status Marie Blankley Mayor Remote Rebeca Armendáriz Council Member Remote Dion Bracco Council Member Remote Zach Hilton Council Member Absent Peter Leroe-Muñoz Vice Mayor Remote Carol Marques Council Member Remote Fred Tovar Council Member Remote B. Orders of the Day There were none. C. Employee Introductions Police Chief Espinoza introduced Officer Scott Rottman. Public Works Director Jordan introduced Management Analyst Michael Lewis. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations There were none. III. BOARD AND COMMISSION INTERVIEWS 1. Interviews for Open Seats on Boards, Commissions and Committees with Terms Expired or Vacant as of December 31, 2021 for Future Appointment February 7, 2022 City Clerk Pham provided a brief presentation to Council. The Council conducted Commission Interviews. 6.1.a Packet Pg. 9 Attachment: January 24, 2022 City Council Regular Meeting Action Minutes (2022-17 : 01/24/2022 City Council Regular Meeting Minutes) City Council Regular Meeting Minutes January 10, 2022 Page 2 of 8 Arts & Culture Commission Applicants 1. Camille McCormack (incumbent) - Present 2. Carmine DePaulo - Not Present 3. Frank Patterson - Present 4. Alexandra Perdew -Present Library Commission Applicants 1. Jennifer Del Bono - Application Withdrawn 2. Saeid Nooshabadi - Not Present Open Government Commission Applicants 1. Tia Marrie Enriquez - Not Present 2. Akur Varadarajan - Not Present Parks and Recreation Commission 1. Eric Arredondo - Present Personnel Commission Applicants 1. Marissa Haro - Present 2. Connor Olenberger - Present 3. Sergio Patterson - Present 4. Annie Tomasello - Not Present 5. Nita Edde-Mitchell (incumbent) - Present Planning Commission Applicants 1. Paolo Basilio - Not Present 2. Zafar Khan - Not Present 3. Annedore Kushner - Present 4. Adriana Leongardt - Present 5. Steven Oleson - Application Withdrawn 6. David Matuszak - Present 7. Andrew Ridley - Application Withdrawn 8. Zintis Rieksts - Present 9. Monica Valdez - Not Present 10. Akur Varadarajan - Not Present Possible Action: Interview candidates for open seats on Boards, Commissions, and Committees with terms expired or vacant as of December 31, 2021. IV. PRESENTATIONS TO THE COUNCIL Mayor Blankley opened the public comment period. The following individuals spoke on items not on the agenda: A member of the Brown family requested a status update on the homeless encampment near her child’s school. 6.1.a Packet Pg. 10 Attachment: January 24, 2022 City Council Regular Meeting Action Minutes (2022-17 : 01/24/2022 City Council Regular Meeting Minutes) City Council Regular Meeting Minutes January 10, 2022 Page 3 of 8 A speaker by the name of AC inquired why Council Member Armendáriz has not reached out to the Zuniga Macias family and requested her to step down as Council Member. GPS Parent Araceli inquired on the status of the homeless encampment near Gilroy Prep School. Paul Brown spoke on safety concerns related to the homeless encampment near Gilroy Prep School. Karina Grajales spoke on spoke on safety concerns related to the homeless encampment near Gilroy Prep School. Mayor Blankley allowed City Administrator Forbis to provide an update with regards to the homeless encampment near Gilroy Prep School. There being no further public comment, Mayor Blankley closed public comment. V. REPORTS OF COUNCIL MEMBERS Council Member Bracco had nothing to report. Council Member Armendáriz reported on the Historic Heritage Committee and Gourmet Alley Ad Hoc Committee. Council Member Marques reported on Santa Clara Valley Habitat Agency Implementation Board. Council Member Tovar reported on the Gourmet Alley Ad Hoc Committee. He also reported that he along with Council Member Marques will be meeting with President Turner of the Gilroy Chamber of Commerce. Council Member Leroe-Muñoz reported on the Cities Association of Santa Clara County and Gilroy Youth Task Force. He also notified that Water District and Silicon Valley Regional Interoperability Authority Board will meet later this week . Mayor Blankley reported on the Santa Clara Valley Habitat Agency Governing Board and notified that the next Coffee with the Mayor will occur on February 5th discussing about the fourth fire station. She also shared Santa Clara County’s digital media project called Womanhood. VI. FUTURE COUNCIL INITIATED AGENDA ITEMS No requests were made. 6.1.a Packet Pg. 11 Attachment: January 24, 2022 City Council Regular Meeting Action Minutes (2022-17 : 01/24/2022 City Council Regular Meeting Minutes) City Council Regular Meeting Minutes January 10, 2022 Page 4 of 8 VII. CONSENT CALENDAR (ROLL CALL VOTE) Mayor Blankley opened Public Comment. There being no public comments, Mayor Blankley closed public comment. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Carol Marques, Council Member AYES: Blankley, Armendáriz, Bracco, Leroe-Muñoz, Marques, Tovar ABSENT: Zach Hilton A. Action Minutes for January 10, 2022 City Council Regular Meeting A motion was made to approve the minutes. B. Resolution of the City Council of the City of Gilroy Declaring Weeds a Nuisance A motion was made to adopt the resolution. Enactment No.: Resolution No. 2022-04 C. Approval of the Final Map and Property Improvement Agreement No. 2022 - 01 for Glen Loma Ranch Nebiollo North Single Family Home Development, Tract 10558, APN 808-18-031 A motion was made to approve the item. D. Approval of a Notice of Acceptance of Completion for the W. 10th Crossing at Orchard Drive Project No. 21-PW-269 and Approval of a Final Contract with Golden Bay Construction in the Amount of $134,621.16 A motion was made to accept the completion and approve the final contract. E. Acceptance of the Annual Development Impact Fee Report for Fiscal Year 2020-2021 as Required Under Government Code 66000 A motion was made to accept the report. F. Second Reading and Adoption of an Ordinance of the City Council of the City of Gilroy Consolidating the Bicycle Pedestrian Commission and Placing its Associated Commission Functions for Infrastructure Planning and Development Review Under the Authority of the Planning Commission, and the Associated Commission Functions for Education and Encouragement Activities Under the Authority of the Parks and Recreation Commission. A motion was made to adopt the ordinance. Enactment No.: Ordinance No. 2022-01 6.1.a Packet Pg. 12 Attachment: January 24, 2022 City Council Regular Meeting Action Minutes (2022-17 : 01/24/2022 City Council Regular Meeting Minutes) City Council Regular Meeting Minutes January 10, 2022 Page 5 of 8 VIII. BIDS AND PROPOSALS A. Award a Contract to PC Inc. for the City Hall Backup Generator Project (No. 21-PW-268), and approve a project expenditure of $708,885 City Engineer Heap gave staff presentation and responded to Council Members questions. Mayor Blankley opened Public Comment. Petra Macias spoke on the need to take away guns away from children and requested Council Member Armendáriz to step down from the City Council. There being no public comment, Mayor Blankley closed public comment. Possible Action: a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for the City of Gilroy for Fiscal Year 2021 -2022 and appropriating proposed expenditure amendments. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Fred Tovar, Council Member AYES: Blankley, Armendáriz, Bracco, Leroe-Muñoz, Marques, Tovar ABSENT: Zach Hilton Enactment No.: Resolution No. 2022-05 b) Award a Contract to PC Inc. in the amount of $557,200 with an additional project contingency of $55,720 (10%), for a total construction cost of $612,920 and $95,964.60 for costs associated with design, permitting and advertising for a total project cost of $708,885 for the City Hall Backup Generator Project, No. 21-PW-268, and authorize the City Administrator to execute the contract and associated documents. RESULT: ADOPTED [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Rebeca Armendáriz, Council Member AYES: Blankley, Armendáriz, Bracco, Leroe-Muñoz, Marques, Tovar ABSENT: Zach Hilton IX. PUBLIC HEARINGS No Public Hearings listed. 6.1.a Packet Pg. 13 Attachment: January 24, 2022 City Council Regular Meeting Action Minutes (2022-17 : 01/24/2022 City Council Regular Meeting Minutes) City Council Regular Meeting Minutes January 10, 2022 Page 6 of 8 X. UNFINISHED BUSINESS A. Citywide Sidewalk Assessment Update City Engineer Heap gave staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. There being no further comments, Mayor Blankley closed public comment. Possible Action: Receive an update on the Citywide Sidewalk Network Inventory and Assessment Project. RESULT: RECEIVE REPORT B. Receive an Update on Refinancing Pension Obligation Project and Grant Initial Authorization to Proceed with the Issuance of Pension Obligation Bonds and the Related Judicial Validation Process Finance Director Sangha gave staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. There being no further comments, Mayor Blankley closed public comment. Possible Action: 1) Receive an update. RESULT: RECEIVE UPDATE 2) Adopt a Resolution authorizing the initial issuance of bonds to refund certain pension obligations of the City, approving the form and authorizing the execution of a trust agreement, authorizing judicial validation proceedings relating to the issuance of the such bonds and approving additional actions related thereto. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Peter Leroe-Muñoz, Vice Mayor AYES: Blankley, Armendáriz, Bracco, Leroe-Muñoz, Marques, Tovar ABSENT: Zach Hilton Enactment No.: Resolution No. 2022-06 6.1.a Packet Pg. 14 Attachment: January 24, 2022 City Council Regular Meeting Action Minutes (2022-17 : 01/24/2022 City Council Regular Meeting Minutes) City Council Regular Meeting Minutes January 10, 2022 Page 7 of 8 XI. INTRODUCTION OF NEW BUSINESS A. Enter into Lease Agreement with Santa Clara County and First Five of California to use San Ysidro Cultural Center as a Family Resource Center. Recreation Manager Henig gave staff presentation and introduced Patricia Gardner from First 5 Santa Clara County to Council. Both responded to Council Member questions. Mayor Blankley opened Public Comment. Saied Nooshabadi apologized for not arriving in time to be interviewed for the Library Commission position. There being no further comments, Mayor Blankley closed public comment. Possible Action: Motion to approve entering into a multi-year lease agreement that would net the City $265,000 through June 30, 2026 with First 5 Santa Clara County and County of Santa Clara to utilize the San Ysidro Cultural Center for the purpose of a Family Resource Center. RESULT: APPROVE [UNANIMOUS] MOVER: Rebeca Armendáriz, Council Member SECONDER: Fred Tovar, Council Member AYES: Blankley, Armendáriz, Bracco, Leroe-Muñoz, Marques, Tovar ABSENT: Zach Hilton XII. CITY ADMINISTRATOR'S REPORTS City Administrator Forbis provided an update with regards to the fire stations alert system. A. Citywide Fentanyl Outreach Community Engagement Coordinator Bedell provided an update on the item and responded to Council Members questions. B. Water Arrearage Program City Administrator Forbis provided an update on the item. XIII. CITY ATTORNEY'S REPORTS None provided. XIV. CLOSED SESSION There were no Closed Session items listed. XV. ADJOURNMENT Meeting was adjourned at 8:31 P.M. 6.1.a Packet Pg. 15 Attachment: January 24, 2022 City Council Regular Meeting Action Minutes (2022-17 : 01/24/2022 City Council Regular Meeting Minutes) City Council Regular Meeting Minutes January 10, 2022 Page 8 of 8 I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Gilroy. /s/ Thai Nam Pham, CMC, CPMC City Clerk 6.1.a Packet Pg. 16 Attachment: January 24, 2022 City Council Regular Meeting Action Minutes (2022-17 : 01/24/2022 City Council Regular Meeting Minutes) City of Gilroy STAFF REPORT Agenda Item Title: Resolution Of The City Council Of The City Of Gilroy Making Required Findings To Allow The Continuation Of Remotely Held Meetings Of The City Council and all Boards and Commissions Pursuant To Section 54953 of the Brown Act Meeting Date: February 7, 2022 From: Jimmy Forbis, City Administrator Department: City Clerk Submitted By: Thai Pham Prepared By: Thai Pham Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Adopt a Resolution authorizing the continuation of virtual meet ings pursuant to Section 54953 of the Brown Act for Council and all Boards and Commissions. BACKGROUND On March 4, 2020, the Governor of the State of California (“Governor”) issued a Proclamation of a State of Emergency due to COVID-19. Such proclamation remains in effect, as are the facts, circumstances, and emergency under which it was issued. On March 17, 2020, the Governor issued Executive Order N-29-20 allowing local legislative bodies to hold meetings via teleconference and to make meetings accessibl e electronically without it constituting a violation of the open meeting laws found in the Ralph M. Brown Act (California Government Code Sections 54950 et seq., “Brown Act”). 6.2 Packet Pg. 17 On March 16, 2020, the City Council adopted Resolution No. 2020-17 ratifying the City Administrator as Director of Emergency Services Proclamation dated March 13, 2020. Since the enactment of the Executive order, local legislative bodies in California have been able to hold public meetings by “teleconference” (a term that includes vi deo conferencing) without complying with all the Brown Act requirements for teleconference meetings, as follows: • Giving notice of each teleconference location from which, a member would by participating in a public meeting and specifically identifying each teleconference location in the meeting notice and on the agenda, including the full address and room number; • Assuring that each teleconference location is accessible to the public; • Allowing members of the public to address the body at each teleconference location; • Posting agendas at all teleconference locations; and • During teleconference meetings, at least a quorum of the members of the local body must participate from locations within the boundaries of the territory over which the local body exercises jurisdiction. In March 2020, staff transitioned holding public meetings via WebEx, and eventually to Zoom for all City meetings. Remote meetings have allowed the City Council, City Council Committees, and the City’s community advisory bodies to continue to c onduct City business from the safety of their individual locations. The usage of remote technology for public meetings over has allowed the City to ensure the public’s continued access to meetings while also ensuring the public’s safety. On June 11, 2021, the Governor issued Executive Order N-08-21, which, among other things, rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act. In August 2021 the City Council, City Council Committees, and the City’s community advisory bodies returned to in-person meetings as the positive rate of Covid-19 cases had decreased nationwide and continued to do so for several months. ANALYSIS Due to the recent rise in COVID-19 cases, including due to the Omicron variant, the City is concerned about protecting the health and safety of attendees. This concern is heightened given that even fully vaccinated people have contracted the Omicron variant, that people may have and transmit the virus before knowing they are infected and/or if they are asymptomatic, that meetings of City legislative bodies often last several hours, and that City meeting facilities are limited in space with seats close together. 6.2 Packet Pg. 18 Subsequent to the above-mentioned Executive Order issuance, and because of the Delta variant surge in California back in late summer 2021, the legislature took action to extend the COVID-19 exceptions to the Brown Act’s teleconference requirements, subject to additional safeguards. AB 361, signed by the Governor on September 16, 2021, allows a local agency to continue to use teleconferencing without complying with the Brown Act provisions above in any of the following circumstances: • The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. • The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. • The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. The City meets the requirements to hold meetings remotely in order to ensure the health and safety of the public if: • The City Council is still under a state of emergency. • The Santa Clara County Health Officer has issued various health orders and updates designed to slow the spread of COVID-19 (including variants thereof) such as vaccinations, quarantines, face covering requirements, and social distancing recommendations designed to protect public health. • The Santa Clara County Health Officer is strongly recommending teleconferenced meetings as those meetings present the lowest risk of transmission of SARS-CoV- 2, the virus that causes COVID-19, and further recommends social distancing and face masking of all attendees. AB 361 also provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote 30 days after it first implements the bill’s exemptions to the Brown Act teleconferencing rules and every 30 days thereafter to continue using them: (A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist: 6.2 Packet Pg. 19 (i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. The City will have to put an item on the agenda once every 3 0 days to make findings regarding the circumstances of the emergency and vote to continue using the law’s exemptions. The City Council first made the findings at its January 10, 2022 meeting and will reconsider the findings at each of its subsequent meetin gs or every 30 days, whichever is less, until the state of emergency ends. The stated aim of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N-29-20. The bill sunsets as of January 1, 2024. FISCAL IMPACT/FUNDING SOURCE None. Attachments: 1. Draft Resolution 6.2 Packet Pg. 20 Resolution No. 2022-XX Page 1 of 4 February 7, 2022 RESOLUTION NO. 2022-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING CERTAIN FINDINGS RELATING TO THE EXISTING STATE OF EMERGENCY CAUSED BY THE COVID-19 PANDEMIC AND DETERMINING AS A RESULT OF THE STATE OF EMERGENCY TO ALLOW THE CONTINUATION OF CITY COUNCIL MEETINGS AND MEETINGS OF OTHER CITY LEGISLATIVE BODIES SHALL BE HELD BY TELECONFERENCING PURSUANT TO GOVERNMENT CODE SECTION 54953(E) WHEREAS, on March 4, 2020, the Governor issued a proclamation of a state of emergency pursuant to Government Code Section 8625, relating to the respiratory illness known as COVID-19, which is caused by the novel coronavirus SARS-CoV-2; and WHEREAS, the Governor’s proclamation remains in effect; and WHEREAS, on March 11, 2020, the World Health Organization declared the existence of a pandemic due to the global spread of COVID-19; and WHEREAS, on March 13, 2020, the Director of Emergency Services issued a proclamation declaring the existence of a local emergency within the City relating to COVID-19, and on March 16, 2020, the City Council adopted a resolution ratifying the declaration of local emergency; and WHEREAS, since August 2, 2021, an order of the Santa Clara County Public Health Officer has been in effect requiring the use of face coverings indoors by all persons; and WHEREAS, despite progress in addressing the pandemic, not all eligible individuals are fully vaccinated, and new, more virulent variants of the SARS-CoV-2 virus are spreading in California and throughout the world; and WHEREAS, to date, Santa Clara County has had nearly 268,000 reported cases of COVID-19, and nearly 2,000 residents of the County have died of the illness; and WHEREAS, as of January 25, 2022, the Santa Clara County Health Department reported a seven-day rolling average of 3,903 new COVID-19 cases per day; and WHEREAS, since Thanksgiving, the statewide seven-day average case rate has increased by over 800 percent, and the number of COVID-19 hospitalized patients has increased by over 150 percent; and WHEREAS, this surge is being driven by the recent emergence of the Omicron variant, which early data suggests is more transmissible than the Delta variant; and 6.2.a Packet Pg. 21 Attachment: Draft Resolution (2022-18 : AB361 Determination Renewal) Resolution No. 2022-XX Page 2 of 4 February 7, 2022 WHEREAS, on January 5, 2022, the Governor issued Executive Order N-1-22, which extends from January 1, 2022, until April 1, 2022, the date by which state bodies may continue to meet by teleconferencing; and WHEREAS, as a result of the COVID-19 pandemic, and in particular because of the recent surge in cases caused by the Omicron variant, continuing to hold in-person meetings of the City Council and of the City’s other legislative bodies would present imminent risks to the health or safety of attendees; WHEREAS, AB 361, which was signed into law on September 16, 2021, amended Government Code Section 54953 to authorize local legislative bodies to determine by resolution to conduct meetings by teleconferencing during proclaimed public health emergencies, and any such resolution must be reaffirmed every thirty (30) days to continue in effect; and WHEREAS, the City Council desires to continue holding public meetings of the City Council remotely using teleconferencing and virtual meeting technology in order to avoid the imminent risk to the health and safety of attendees; and WHEREAS, the City Council held a duly noticed public meeting on February 7, 2022; and WHEREAS, at such public meeting, the City Council considered all pertinent information, exhibits, testimony, and comments received during the public review process, including, without limitation, information received at the public meeting, the written report from staff dated February 7, 2022, this Resolution, and all other information on which the City Council has based its decision; NOW, THEREFORE, BE IT RESOLVED THAT, 1. The City Council finds that the foregoing recitals are true and correct. 2. Beginning on the date following the date of the adoption of this resolution, the City Council and the City’s other legislative bodies shall meet by teleconferencing. Such meetings shall be conducted according to the requirements set forth in Government Code Section 54953(e)(2). 3. This resolution shall be of no further force and effect on March 9, 2022, unless prior to that date the City Council reconsiders this resolution and finds that either of the following circumstances exists: a. The state of emergency relating to COVID-19 continues to directly impact the ability of the members of the City Council and of the public to meet safely in person; or b. State or local officials have imposed or recommended measures to promote social distancing. 6.2.a Packet Pg. 22 Attachment: Draft Resolution (2022-18 : AB361 Determination Renewal) Resolution No. 2022-XX Page 3 of 4 February 7, 2022 PASSED AND ADOPTED this 7th day of February, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: APPROVED: Marie Blankley, Mayor ATTEST: ___________________________ Thai Nam Pham, City Clerk 6.2.a Packet Pg. 23 Attachment: Draft Resolution (2022-18 : AB361 Determination Renewal) RESOLUTION NO. 2022-XX 4894-1564-7497v1 ALF\04706083 6.2.a Packet Pg. 24 Attachment: Draft Resolution (2022-18 : AB361 Determination Renewal) City of Gilroy STAFF REPORT Agenda Item Title: Approval of an Agreement with Park Consulting Group for a Not to Exceed Amount of $284,000 for EnerGov LMS Professional Services Meeting Date: February 7, 2022 From: Jimmy Forbis, City Administrator Department: Community Development Department Submitted By: Jimmy Forbis Prepared By: Cindy McCormick Cindy McCormick Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Approve a professional services agreement with Park Consulting Group for a not to exceed amount of $284,000 to complete implementation of the EnerGov LMS Project, and authorize the City Administrator to execute the agreement. BACKGROUND In April 2018, the City Council awarded a contract to SDI Presence, LLC in the amount of $534,725 for Enterprise Resource Planning and $232,950 for Land Management System software selection and implementation consulting services. For both projects, the consultant was required to, among many other tasks, assist the City in selecting an LMS/ERP program, and perform the duties of an Executive Project Manager through all phases of this project, including implementation, system configuration, data conversion, and a successful ERP/LMS software roll-out. Staff 7.1 Packet Pg. 25 then worked with SDI on a request for proposals and the selection of Tyler Technologies as the best system and process for the City's needs. The LMS project started in October 2020 and was projected to take approximately 14 - months with an original estimated Go-Live in Q4 2021. However, the project is currently in month 16 and still has a significant number of project activities remaining before testing, training, and system roll-out can begin. Given these delays and with the expiration of the contract with SDI, it was determined by staff that an alternate consulting firm should be sought to assist the City of Gilroy in its implementation of the Tyler Tech EnerGov Land Management System (LMS). In September 2021, following consultation with two firms, the City hired Park Consulting Group (PCG) in November 2021 to provide advisory and limited implementation services to the City, with a budget not to exceed $10,000 (approximately 60 hours). DISCUSSION After working with PCG to assess the state of the LMS project, it was evident they possess breadth of experience, knowledge, and skillset around the Tyler EnerGov system deployment and it was determined they would be a better fit for the City’s needs, including but not limited to the fact that they have direct experience implementing the Tyler EnerGov system for over 20+ clients. Several key observations were made during meetings with PCG, SDI, and City staff, as summarized below: Issue: SDI Project Manager Experience and Decision Making : While the assigned SDI project manager has over 20+ years of technology and software project experience, mostly with ERP implementations at State government clients, the City’s EnerGov Project was the first EnerGov implementation and first permit system implementation. This has led to the need for the SDI manager to heavily rely on the Tyler Tech team to address issues on implementation approach, functionality questions, and issue resolution. This has not been a successful approach. Solution: Park Consulting Group has direct experience with EnerGov and can therefore better assist City staff with implementation of the EnerGov system. Issue: Tyler Tech Project Management and Resourcing: Delivery and implementation of both the LMS and the ERP project has been performed by the Tyler ERP Division since the software contract was sold as a package. This lack of EnerGov guidance from Tyler has impacted delivery of the expected EnerGov project services. F or example, Tyler Tech’s ERP approach is to have the City be responsible for more work than typically required by the EnerGov / Civic Services team. This has led to signi ficant challenges, given the difficulty in achieving configuration competency in a system that SDI and City staff have no familiarity with. Solution: Park Consulting Group will assist City staff with these additional responsibilities, given limited city staff knowledge of the EnerGov system. 7.1 Packet Pg. 26 Issue: SDI/Tyler Implementation Approach: The project is not following the standard Tyler Tech EnerGov implementation approach of completing each major stage to sign - off and approval, prior to moving to the next stage. This has led to the need to do more work internally since these processes have dependencies to each other. This approach has also led to bottlenecks and confusion on what project activities to prioritize. Solution: Park Consulting Group will lead the City through the appropriate steps necessary for successful LMS software roll-out. Summary Scope of Work In order to get the EnerGov project to system roll-out (e.g., “Go-Live”), Park Consulting Group (“PCG”) would provide professional services for the implementation of the City’s Tyler EnerGov Land Management Systems (LMS) Project, as provided in the attached Scope of Work and summarized below: Project Management: Glenn Park would serve as the project manager: managing the project scope, goals and deliverables; providing continuous communication with City staff; and proactively identifying and addressing issues and conflicts within the project team (city/consultant staff) and third party vendor partners (e.g., Tyler). Design and Configuration: PCG staff would provide support services in the functional areas of: fee schedule and fee setup; configuration review and validation of templates; configuration documentation and requirements; case type development, CSS, georules, automations, etc.; and data mapping and migration activities from SunGard to EnerGov. User Acceptance Testing: PCG staff would provide support services in the functional areas of: development of a user testing strategy and plan; test case/ script creation; user acceptance participant training and walkthroughs; setup for test case scenarios; user acceptance testing / retesting effort with City-designated testing leads and testers; and prioritization and tracking of user acceptance testing / retesting results in testing tracking system. End User Training: PCG staff would provide support services in the functional areas of: development of training plan; review of training environment setup and deployment; end user training with staff trainers; and training documentation and job aid development. Cutover and Go-Live Activities: PCG staff would provide support services in the functional areas of: production cutover, Go-Live and post-Go-Live stabilization, system troubleshooting, and the design, deployment, and onboarding of post-Go-Live / warranty enhancements. Report Development: PCG staff would provide: report development services to design, develop, and deploy City- assigned non-standard forms and statistical reports generated from EnerGov; review specifications document and provide feedback as required to ensure requirements are fully understood for development; design and develop 20 forms and report templates; develop stored procedures and queries required for forms and 7.1 Packet Pg. 27 reports; send necessary documents to Tyler Tech; maintain, enhance, update, and support forms and reports as requested; and attend meetings with City and Tyler Tech related to design, development, and deployment of forms and reports. Other Project Responsibilities: Provide services for City project team throughout the LMS implementation project, as needed. Staff has worked with PCG to develop a revised timeline and looks forward to taking the project across the finish line as it will provide much needed efficiencies and process improvements within the organization, and provide enhanced se rvices to be available online for our customers. ALTERNATIVES 1) Do not approve the agreement. Staff does not recommend this option as this would further delay the successful implementation and roll -out of the LMS EnerGov system. FISCAL IMPACT The recommended contract is for a not to exceed amount of $284,000, details outlined below. Resource Build & Validate (5 Months) Testing, Training, & Go-Live (5 Months) TOTAL Project Manager $19,500 (20 Hrs/ Mo) $19,500 (20 Hrs/ Mo) $39,000 Functional Consultant $105,000 (120 Hrs/ Mo) $105,000 (120 Hrs/ Mo) $210,000 Report Developer $35,000 (20 Reports) $35,000 TOTAL $159,000 $124,500 $284,000 (not to exceed) The project is budgeted and funded from the City’s Information Technology Fund (690). After a review of both, the ERP and LMS project, and the adopted biennial budget, staff determined there are sufficient savings within the existing projects and budget to fully fund this agreement, therefore no additional appropriations are required at this time. 7.1 Packet Pg. 28 The savings are from: 1) licensing fees for modules that staff have determined no longer fit the need of the organization, such as licensing and Tyler 311, 2) travel and implementation related savings – both projects budgeted funds for onsite implementation, however the projects have primarily been implemented remotely due to COVID, thus resulting in savings; 3) staff budgeted funds in the current fiscal year for additional consultant services to cover Phase 3 (Utility Billing) on the ERP project; however those funds will now be utilized for the LMS project for PCG. CONCLUSION It is recommended that the City Council award a contract to Park Consulting Group in the amount of $284,000 for attached scope of services. NEXT STEPS Upon Council’s approval, the contract will be executed, and Staff will work with the consultant to execute the scope of services and get the EnerGov project back on-track to system roll-out (e.g., “Go-Live”), no later than December 2022. Attachments: 1. PCG Scope of Work 112221 (284K) 2. PCG Milestone Schedule 3. Park Consulting Standard Agt (284K) 012522 4. PCD Insurance Certificate 5. PCG Auto Insurance Waiver Request 7.1 Packet Pg. 29 PARK CONSULTING GROUP Page | 1 SCOPE OF SERVICES AND COST PROPOSAL Park Consulting Group (PCG) will provide the City of Gilroy professional services for the City’s Tyler EnerGov Land Management Systems (LMS) Project: • Our proposed services: PCG is recommending the following resources and proposed services to support the City to get the EnerGov project back on-track to Go-Live: Proposed Resources: Resource Allocation Assigned Resource Project Manager 4 Hours Per Week Glenn Park Functional Consultants 30 Hours Per Week Bryan Tung/ David Bloomgren Report Developer 20 Custom Reports/ Forms Jared Tan Project Manager Responsibilities: • Manage project scope, goals and deliverables that support business goals in collaboration with the IT Department, senior management and stakeholders. • Effectively communicate project expectations to team members and stakeholders in a timely, clear fashion and ongoing basis. • Monitor project expectations with team members and other stakeholders. • Review project timeline, milestones and deliverables with City leadership and Tyler Tech PM • Attend project meetings with staff and project stakeholders. This may include internal project briefings and project briefings with Tyler, in addition to others as requested. • Review and provide input on all contracts with external vendors for integrations development and change orders. • Coordinate escalation for questions and issues from the Project Team • Address and/or escalate issues / risks as they come up. • Delegate tasks and responsibilities to appropriate team members responsible to own deliverables for the project. • Proactively identify issues and conflicts within the project team, third party vendor partners, and the business as needed; consult with city management to formulate a plan to resolve. • Proactively communicate changes in project scope, identify potential crises, and devise contingency plans; communicate possible changes in scope to IT management and departments and divisions that are affected. • Ensure that project risks are identified, documented, communicated, and addressed in a timely manner. • Provide feedback on leading best practices to maximize system capabilities. • Provide feedback on leading best practices for project implementation and deployment processes. 7.1.a Packet Pg. 30 Attachment: PCG Scope of Work 112221 (284K) (2022-19 : EnerGov LMS Professional Services) PARK CONSULTING GROUP Page | 2 Functional Consultant Responsibilities: Design and Configuration: • Support review of fee schedule and compare to LMS configuration to verify accurate fee setup. • Support coordination of the configuration review and validation of templates. • Support City configuration resources in making any needed changes to configuration. • Support and review EnerGov configuration to verify accurate setup to configuration documentation and requirements. • Support and review City-owned shared configuration including case type development, CSS, automations, georules, etc. • Support and review data mapping and migration activities from legacy system to EnerGov. User Acceptance Testing: • Support the development of a user testing strategy and plan. • Support test case/ script creation with responsible team members/ SMEs. • Support user acceptance participant training and walkthroughs. • Support setup for test case scenarios. • Support user acceptance testing / retesting effort with City-designated testing leads and testers. • Support prioritization and tracking of user acceptance testing / retesting results in testing tracking system. End User Training: • Support development of training plan and train-the-trainer approach. • Support review of training environment setup and deployment. • Support coordination and facilitation of end user training with staff trainers. • Support training documentation and job aid development as required by staff. Cutover and Go-Live Activities: • Support Production cutover, Go-Live, post-Go-Live stabilization, and system troubleshooting (reporting, system enhancements, regulatory changes, etc.). • Support the design, deployment, and onboarding of post-Go-Live / warranty enhancements. Report Developer Responsibilities: • Provide report development services to design, develop, and deploy City- assigned non-standard forms and statistical reports generated from EnerGov. City will provide a list of prioritized and ranked reports to be delivered • Forms and reports will be developed utilizing Crystal Reports • Park Consulting Group will own and perform the following services related to forms and reports design and development: • Review specifications document and provide feedback as required to ensure requirements are fully understood for development • Design and develop .RPT templates required for forms and reports (the City 7.1.a Packet Pg. 31 Attachment: PCG Scope of Work 112221 (284K) (2022-19 : EnerGov LMS Professional Services) PARK CONSULTING GROUP Page | 3 may have the opportunity to design and develop .RPT templates to conserve hours for PCG report development. This will be determined on a case-by-case basis by PCG) • Develop stored procedures and queries required for forms and reports • Prepare .RPT and stored procedures development package to be sent to Tyler Tech • Send .RPT and stored procedures as required by Tyler Tech and cc: City (PCG can also manage this process through a City facilitated process) • Maintain, enhance, update, and support forms and reports as requested • Attend meetings with City and Tyler Tech related to design, development, and deployment of forms and reports Other Project Responsibilities: • Provide services for project team as needed throughout the LMS implementation project, as requested. • Key Assumptions: • PCG shall be responsible for advisory, implementation support services, and project management as requested by theCity. • Due to the City’s desire to expedite the EnerGov project to Go-Live, the scope of the project will be focused on migrating existing LMS processes from Sungard and build upon the current LMS processes with extended EnerGov capabilities. Other processes, capabilities, and user groups not associated to the existing LMS processes from SunGard will be descoped in order to meet project timelines. • City will provide a primary project contact that is available throughout the duration of services. • City will provide process leads and subject matter experts to serve as project team members that are available throughout the duration of services to successfully deliver PCG services. Required minimum of 50% FTE per Lead/ SME. • City estimates PCG should have the full ability to deliver the project remotely with no on-site visits and/ or incurred travel costs. • Park Consulting Group provides a broad range of LMS implementation, advisory, and development services. City may request additional services outside of the scope of services and duration and will be considered based on the established hourly rates. • City will work with Tyler Tech to provide the following for PCG: • Adequate software licensing for PCG to perform proposed services • Tyler Tech Sharepoint access • Login and access to EnerGov environments • Regular database backups of the EnerGov environment with the most up-to-date configuration and all related populated test data • Database backups to be transferrable to PCG technical environments to develop forms and reports 7.1.a Packet Pg. 32 Attachment: PCG Scope of Work 112221 (284K) (2022-19 : EnerGov LMS Professional Services) PARK CONSULTING GROUP Page | 4 • Cost Proposal: Resource Build & Validate (5 Months) Testing, Training, & Go-Live (5 Months) TOTAL Project Manager $19,500 (20 Hrs/ Mo) $19,500 (20 Hrs/ Mo) $39,000 Functional Consultant $105,000 (120 Hrs/ Mo) $105,000 (120 Hrs/ Mo) $210,000 Report Developer $35,000 (20 Reports) $35,000 TOTAL $159,000 $124,500 $284,000 • Total Not-to Exceed: $284,000 • Duration of Services: December 1, 2021 – December 31, 2023 • PCG’s services will be billed based on the following hourly rate(s): Park Consulting Resources 2021-23 Rates Principal LMS Consultant/ Project Manager $195/ hour LMS Functional Consultant $175/ hour Report Developer $175/ hour GIS Consultant $175/ hour 7.1.a Packet Pg. 33 Attachment: PCG Scope of Work 112221 (284K) (2022-19 : EnerGov LMS Professional Services) 7Configuration & BuildEnerGov Project TimelineEnerGov Project Timeline~5 Months~5 MonthsWe are here2021 2022Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept OctV2021.1.3(Dec 6)Global SetupProcess Config + Unit TestingAutomationsGeorulesCSS/ Decision Engine ConfigDC Pass #1DC Pass #3DC Pass #2DC Pass #4DC #5Final Pass+Timing PassUATSystem TrainingReport SpecsReport BuildMunis / Tyler Cashiering Integration BuildProcess InventoryEnd‐to‐End PrototypeData ConversionConfigurationIntegrationsGo‐Live Q3 2022User Testing & TrainingCity‐ownedTyler Tech‐ownedProcess TrainingCity‐owned with PCGConfig Updates (if needed)Go‐Live SupportLegend7.1.bPacket Pg. 34Attachment: PCG Milestone Schedule (2022-19 : EnerGov LMS Professional Services) -1- 4835-2267-0361v1 LAC\04706083 AGREEMENT FOR SERVICES (For contracts over $5,000 - CONSULTANT) This AGREEMENT made this 7th day of February, 2022, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: Park Consulting Group, Inc, having a principal place of business at 200 Spectrum Center Drive #300, Irvine, CA 92618. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on 02/07/2022 and will continue in effect through 12/31/2022 unless terminated in accordance with the provisions of Article 7 of this Agreement. Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. ______ Initial ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes. CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S employees, including, without limitation, disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT A. Specific Services CONSULTANT agrees to: Perform the services as outlined in Exhibit “A” (“Specific Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit “C” (“Milestone Schedule”). B. Method of Performing Services CONSULTANT shall determine the method, details and means of performing the above-described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT’S services. 7.1.c Packet Pg. 35 Attachment: Park Consulting Standard Agt (284K) 012522 [Revision 1] (2022-19 : EnerGov LMS Professional Services) -2- 4835-2267-0361v1 LAC\04706083 C. Employment of Assistants CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT’S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONSULTANT exceed $284,000. B. Invoices CONSULTANT shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit “A”, Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting “direct expenses” referenced on Exhibit “A.” 7.1.c Packet Pg. 36 Attachment: Park Consulting Standard Agt (284K) 012522 [Revision 1] (2022-19 : EnerGov LMS Professional Services) -3- 4835-2267-0361v1 LAC\04706083 ARTICLE 5. OBLIGATIONS OF CONSULTANT A. Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. B. Workers’ Compensation CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or death of any of CONSULTANT’S employees. C. Indemnification of Liability, Duty to Defend 1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. 2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance 7.1.c Packet Pg. 37 Attachment: Park Consulting Standard Agt (284K) 012522 [Revision 1] (2022-19 : EnerGov LMS Professional Services) -4- 4835-2267-0361v1 LAC\04706083 written on a claims made basis (including without limitation the initial policy obta ined and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called “extended reporting” or “tail” coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY’S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that: • CITY will not withhold FICA (Social Security) from CONSULTANT’S payments; • CITY will not make state or federal unemployment insurance contributions on CONSULTANT’S behalf; • CITY will not withhold state or federal income tax from payment to CONSULTANT; • CITY will not make disability insurance contributions on behalf of CONSULTANT; • CITY will not obtain workers’ compensation insurance on behalf of CONSULTANT. 7.1.c Packet Pg. 38 Attachment: Park Consulting Standard Agt (284K) 012522 [Revision 1] (2022-19 : EnerGov LMS Professional Services) -5- 4835-2267-0361v1 LAC\04706083 ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT’S duties under this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of Consultant’s Business/ Death of Consultant. CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’ receipt of such notice of sale. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT. B. Termination by City for Default of Consultant Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach o f this Agreement shall include, but not be limited to the following: 1. CONSULTANT’S failure to professionally and/or timely perform any of the services contemplated by this Agreement. 2. CONSULTANT’S breach of any of its representations, warranties or covenants contained in this Agreement. CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C” which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT’S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY 7.1.c Packet Pg. 39 Attachment: Park Consulting Standard Agt (284K) 012522 [Revision 1] (2022-19 : EnerGov LMS Professional Services) -6- 4835-2267-0361v1 LAC\04706083 may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed-Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. D. Transition after Termination Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT’s duties by any new consultant hired by the CITY to complete such services. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either. C. Attorneys’ Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable 7.1.c Packet Pg. 40 Attachment: Park Consulting Standard Agt (284K) 012522 [Revision 1] (2022-19 : EnerGov LMS Professional Services) -7- 4835-2267-0361v1 LAC\04706083 attorneys’ fees, which may be set by the court in the same action or in a separat e action brought for that purpose, in addition to any other relief to which that party may be entitled. D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. F. Conflict of Interest CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. 7.1.c Packet Pg. 41 Attachment: Park Consulting Standard Agt (284K) 012522 [Revision 1] (2022-19 : EnerGov LMS Professional Services) -8- 4835-2267-0361v1 LAC\04706083 H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. I. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. L. Waiver CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONSULTANT: CITY: Park Consulting Group CITY OF GILROY By: By: Name: Glen Park Name: Jimmy Forbis Title: President Title: City Administrator Social Security or Taxpayer Identification Number 47-1892447 7.1.c Packet Pg. 42 Attachment: Park Consulting Standard Agt (284K) 012522 [Revision 1] (2022-19 : EnerGov LMS Professional Services) -9- 4835-2267-0361v1 LAC\04706083 Approved as to Form ATTEST: City Attorney City Clerk 7.1.c Packet Pg. 43 Attachment: Park Consulting Standard Agt (284K) 012522 [Revision 1] (2022-19 : EnerGov LMS Professional Services) -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “A” SPECIFIC PROVISIONS I. PROJECT MANAGER CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign Glen Park, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED/COMPLETION OF SERVICE A. NOTICE TO PROCEED CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written “Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Cindy McCormick shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. (“Notices”) of this Exhibit “A”. B. COMPLETION OF SERVICES When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit “C”. IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement. 7.1.c Packet Pg. 44 Attachment: Park Consulting Standard Agt (284K) 012522 [Revision 1] (2022-19 : EnerGov LMS Professional Services) -2- 4835-2267-0361v1 LAC\04706083 Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT’S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. B. RESPONSIBILITY OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY’S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, inv oices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY’s offices within five (5) business days after CITY’s request. 7.1.c Packet Pg. 45 Attachment: Park Consulting Standard Agt (284K) 012522 [Revision 1] (2022-19 : EnerGov LMS Professional Services) -3- 4835-2267-0361v1 LAC\04706083 D. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. NO PLEDGING OF CITY’S CREDIT. Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit “A”. CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 7.1.c Packet Pg. 46 Attachment: Park Consulting Standard Agt (284K) 012522 [Revision 1] (2022-19 : EnerGov LMS Professional Services) -4- 4835-2267-0361v1 LAC\04706083 H. NOTICES. Notices are to be sent as follows: CITY: Jimmy Forbis, City Administrator City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: Park Consulting Group Attn: Glenn Park 200 Spectrum Center Drive, Suite 300 Irvine, CA 92618 I. FEDERAL FUNDING REQUIREMENTS. If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply. If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply. 1. DBE Program CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant against Contingent Fees The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 7.1.c Packet Pg. 47 Attachment: Park Consulting Standard Agt (284K) 012522 [Revision 1] (2022-19 : EnerGov LMS Professional Services) -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “B” SCOPE OF SERVICES See attached 7.1.c Packet Pg. 48 Attachment: Park Consulting Standard Agt (284K) 012522 [Revision 1] (2022-19 : EnerGov LMS Professional Services) -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “C” MILESTONE SCHEDULE See attached 7.1.c Packet Pg. 49 Attachment: Park Consulting Standard Agt (284K) 012522 [Revision 1] (2022-19 : EnerGov LMS Professional Services) 4835-2267-0361v1 LAC\04706083 EXHIBIT “D” PAYMENT SCHEDULE Within 30 days of receipt of invoice based on time and materials per rates in Exhibit B 7.1.c Packet Pg. 50 Attachment: Park Consulting Standard Agt (284K) 012522 [Revision 1] (2022-19 : EnerGov LMS Professional Services) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 1/14/2022 Wood Gutmann &Bogart Insurance Brokers 15901 Red Hill Ave. Tustin CA 92780 Rachelle Williams 714-505-7000 714-573-1770 rwilliams@wgbib.com License#:0679263 Citizen Insurance of America PARKC-2 The Hanover Insurance CoParkConsultingGroup,Inc. 200 Spectrum Center Dr Ste 300 Irvine CA 92618 1372017995 A 2,000,000 1,000,000 X 500 5,000 2,000,000 4,000,000 OB3D808332 1/18/2022 1/18/2023 4,000,000 B XW23H6315256/1/2021 6/1/2022 1,000,000 1,000,000 1,000,000 B B Errors &Omissions Cyber &Privacy Security LH3H431766 LH3H431766 1/18/2022 1/18/2022 1/18/2023 1/18/2023 Each Limit Aggregate $2,000,000 $2,000,000 The City of Gilroy,it’s officers,employees,agents,and representatives are named as additional insured on the General Liability per attached 3911006 0816 as required by written contract subject to the terms and conditions of the policy. City of Gilroy 7351 Rosanna Street Gilroy CA 95020 7.1.d Packet Pg. 51 Attachment: PCD Insurance Certificate (2022-19 : EnerGov LMS Professional Services) 7.1.d Packet Pg. 52 Attachment: PCD Insurance Certificate (2022-19 : EnerGov LMS Professional Services) 7.1.d Packet Pg. 53 Attachment: PCD Insurance Certificate (2022-19 : EnerGov LMS Professional Services) 7.1.d Packet Pg. 54 Attachment: PCD Insurance Certificate (2022-19 : EnerGov LMS Professional Services) PARK CONSULTING GROUP October 29, 2021 City of Gilroy 7351 Rosanna St Gilroy, CA 95020 To Whom It May Concern: This letter is to inform you that Park Consulting Group currently does not hold active Commercial Automotive Insurance and are requesting an exemption for these items in the standard agreement requirements for the following reasons: ● Park Consulting Group does not own any vehicles nor will any individuals associated with Park Consulting be driving or using vehicles in the course of doing business for the City of Gilroy Please do not hesitate to contact me regarding any questions. Thank you. Sincerely, Glenn Park President (626) 224-1656 glenn@parkcgp.com 7.1.e Packet Pg. 55 Attachment: PCG Auto Insurance Waiver Request (2022-19 : EnerGov LMS Professional Services) City of Gilroy STAFF REPORT Agenda Item Title: Award of Contract to Swimming Swan LLC in the Amount of $358,750.00 to Serve as the Christopher High School Aquatics Center Operator in 2022 and 2023 (Project No. 22-RFP-AD-463). Meeting Date: February 7, 2022 From: Jimmy Forbis, City Administrator Department: Administration Submitted By: Adam Henig Prepared By: Adam Henig Strategic Plan Goals ☐ Develop a Financially Resilient Organization  Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Award contract to Swimming Swan LLC in the amount of $358,750.00 to serve as the Christopher High School Aquatics Center Operator in 2022 and 2023 (Project No. 22 - RFP-AD-463) and authorize the City Administrator to execute the contract and associated documents. EXECUTIVE SUMMARY Due to the pandemic-related reduction of recreational services, the City’s aquatics program at Christopher High School (CHS) was eliminated in 2020. To provide public swim lessons and recreational swimming in 2022, a request for proposals (RFP) was distributed, seeking the services of an aquatics operator to manage the CHS Aquat ics Center. Staff recommends City Council approve the selected aquatics operato r, Swimming Swan LLC, and the two-year management fee of $358,750. 7.2 Packet Pg. 56 BACKGROUND The Christopher High School Aquatics Center was built in partnership with the Gilroy Unified School District (GUSD) and opened to the public in the summer of 2012. Through 2019, the Gilroy Recreation Department operated a seasonal aquatic program at Christopher High School, with swimming lessons, recreation swim, certification classes, water aerobics and a private party reservation program. Each summer, approximately 1,000 youth registered for swim lessons and more than 10,000 people participated in recreation swim. Since the onset of the pandemic in March 2020, the pool has been closed to the public. To reopen the Aquatics Center and offer residents swim lessons and recreation swim, a request for proposals (RFP) was initiated for the services of an aquatics operator. Submitted proposals were to include the following: • Aquatic operation experience • Qualifications • Approach to aquatics • Program philosophy and goals • A plan for Christopher High School Aquatics Center • References • Communication with participants and registration process • Quality assurance, risk management and insurance Vendors were also required to demonstrate how they would ensure their fees were comparable to what neighboring communities charged and provide an option for those with an economic hardship to receive a scholarship or discount for swim lessons. The RFP was released on August 26, 2021. Vendors had four and a half weeks to submit their proposal, during which time there were opportunities to submit questions and attend an optional site visit. While there was interest from potential vendors, only two incomplete proposals were submitted. 7.2 Packet Pg. 57 When staff followed-up with the vendors who had expressed interest, but had not submitted a proposal, their response was that it “lacked a base management fee for operating the facility.” Even though the City would allow vendors to retain all r evenue collected—which included swim lessons and admission fees—there were no other opportunities to generate revenue, making it financially unfeasible, according to the vendors. To attract more submittals, an option to request a management fee was allo wed and the RFP deadline was extended to October 26, 2021. As a result, the City received three submittals. Among the three, only one (Swimming Swan LLC) met the minimum qualifications to move on to an interview with the RFP Selection Committee. The Committee was comprised of the Gilroy Unified School District Maintenance and Operations Manager and three representatives from City of Gilroy: Facilities Superintendent, Recreation Manager and Recreation Coordinator. In addition to the interview, the Committee also evaluated the applicant’s written submittal, which the committee viewed favorably. Thus, the committee unanimously recommends Swimming Swan LLC to operate the Christopher High School Aquatics Center for 2022 and 2023. Based in San Diego, Swimming Swan LLC was established in 2014. They offer individual and group swim lessons for all ages and all levels as well as provide lifeguard training and management for community recreation swim. Their contracted, community - based aquatics experience includes Homeowner associations and hotels in California and Nevada. Their participant to instructor ratio for swimming lessons is 4:1, allowing for ample attention for individual instruction. In addition, the vendor can offer a variety of program options including lifeguarding and water safety instructor certification, water therapy, aqua yoga and aerobics, and junior lifeguarding. Their membership includes but not limited to Association of Aquatic Professionals and American Red Cross. They will manage their operations through a proprietary software platform that allows users to create an account and register in advance for programs , making it easily accessible to the public. To provide the service, Swimming Swan LLC would be paid an annual management fee that covers the following expenses: • Taxes • Insurance 7.2 Packet Pg. 58 • Technology Platform • Administrative • External Audit through the Red Cross • Custodial Costs • Additional equipment/uniforms needed Per the facility usage agreement with Gilroy Unified School District, the City is re quired to seek permission if it hires a third party to operate the Aquatics Center. The District has provided written approval of the request. ANALYSIS As City services have steadily resumed since the shelter-in-place orders, residents are requesting access to recreation swim and swim lessons. In the 2020 Facility and Program Needs Assessment, access to a public swimming pool ranked as the highest unmet need for households in Gilroy. Currently, the close st public aquatics center is in Morgan Hill. Cost Savings In addition, having an outside operator provides a cost-savings opportunity. To operate an in-house aquatics program for one summer that offers swim lessons and recreation swimming, it comprises of the following budgetary expenses: Part-Time Wages 133,000 Full-Time Wages 86,573 Operational Expenses Professional Support 5,880 Repairs & Maintenance 40,000 Program Expenses 17,312 Facilities Cost 38,109 Overhead Cost 82,015 Total Program Cost 402,889 Revenue 163,000 General Fund 239,889 Cost Recovery 40.46% Aquatics Option #1 In comparison, notwithstanding facility -$38,109 (i.e., capital improvements) and repairs/maintenance - $40,000 (utilities) costs, which are absorbed regardless of who is the operator, the City’s estimated total annual program costs would be $324,780 . To contract out this service to Swimming Swan LLC, the City’s net savings would be approximately $150,000 annually ($324,780 - $175,000 annual management fee). Schedule & Fees 7.2 Packet Pg. 59 Starting in April 2022, the provider plans to open the pool for a lifeguard and water safety instructor certification course, in hopes to build up their lifeguard team. Recreation and lap swim would begin on weekends starting June 4, then Tuesday through Sunday starting June 14 (when school is out for the summer) and run through August 14 (pool is closed on Monday for maintenance). Once school is back in session in the fall, the facility will continue to be open on the weekends for recreation and lap swim through the end of October. City staff will meet with the operator at the end of the season to evaluate overall operations. In addition, prior to the release of payment, the operator will be required to submit a monthly status update on the number of registrations, staffing levels, pool attendance, and current challenges. The proposal Swimming Swan LLC has submitted will offer a robust summer program similar to the aquatics program that was previously provided by the Recreation Department. This includes swim lessons and aquatic classes for all levels and all ages as well as adult aquatic classes, lap swim, and a junior lifeguard program. There will be scholarships and reduced rates available for income-eligible families. Proposed 2022 Fees (includes Morgan Hill comparison) SWIM LESSONS Fee # of lessons Length of each class (minutes) Per Class Cost # of students in each class Swimming Swan LLC /Gilroy $110 8 30 $13.75 4 City of Morgan Hill $104 8 30 $13 6 RECREATION SWIM Resident Weekday Admission Resident Weekend Admission Lap Swim Swimming Swan LLC /Gilroy $8 $10 $8/$10 City of Morgan Hill* $12/child $15/adult $12/child $15/adult $13 *CRC members get free admission. Responsibilities The operator will be in charge of recruiting, hiring, on-boarding, and training its lifeguards and cashiers as well as providing janitorial support. The Cit y will be responsible for all building maintenance (not janitorial), capital improvement(s), utilities, 7.2 Packet Pg. 60 water slide waxing and maintenance, and serve as the liaison between the School District and the operator. These facility responsibilities are in the existing budget. The City will also provide marketing support. The proposed agreement is for two years with an option to renew in year three. ALTERNATIVES 1) Deny the proposed agreement and republish the RFP. This process would not be completed in time to offer an aquatics program for the 2022 season. Staff does not recommend this option. 2) Deny the proposed agreement and do not republish the RFP. Staff does not recommend this option. FISCAL IMPACT/FUNDING SOURCE The two-year agreement requires a management fee paid to the operator of $175,000 per year, with year two increased by the lesser of 5% or the percentage increase between December 2021 and December 2022 in the Consumer Price Index for all Urban Consumers, San Francisco – Oakland – San Jose Metropolitan Area, as published by the U.S. Department of Labor (“CPI”) for a total not to exceed $358,750for the term of the agreement. The fee will be absorbed within the Recreation Division ’s existing budget from projected savings (i.e., personnel). PUBLIC OUTREACH The RFP was distributed to over one hundred professionals in the aquatics and recreation field. This included but not limited to professional associations such as the Bay Area Pool Operators Association, Sports Association of Northern California Recreation Agencies (includes an Aquatics group) and the California Parks and Recreation Society Aquatics and Administrators Section. In addition, private aquatic operators were also contacted such as the Gilroy Gators and Mt. Madonna YMCA . The RFP was also posted on the City’s bid/proposal webpage. Attachments: 1. 2022 Swimming Swan LLC Schedule - Gilroy 7.2 Packet Pg. 61                7.2.a Packet Pg. 62 Attachment: 2022 Swimming Swan LLC Schedule - Gilroy (2022-20 : Award of Contract for Christopher High School Aquatics Center Operator) Proposed Hours of Operation Tuesday, May 30th - Sunday, October 31st. WEEKDAY (no Mondays) ●Swim Lessons: o Morning: 9:30 am -11:30am o Afternoon: 5:00 - 6:30pm ●Aqua Fitness (Tu/Th) o 5:30 - 6:30pm ●Recreational Swim o 12pm - 5pm WEEKEND ●Recreational Swim: 11:00am -5:00 pm ●Aqua Fitness: 9:30 -10:30am (Sat) ●Staff training: 8:00 - 10:30am (1st Saturday) ●Lifeguard (LG) and/or Water Safety Instructor (WSI): 8:00-6:00 pm Summer Swim Lesson Schedule Ages: 6 months to 12 years Session 1: June 14th-24th, 2022 Session 2: June 28th-July 8th 2022 Session 3: July 12th- July 22nd 2022 Session 4: July 26th-August 5th 2022 7.2.a Packet Pg. 63 Attachment: 2022 Swimming Swan LLC Schedule - Gilroy (2022-20 : Award of Contract for Christopher High School Aquatics Center Operator) Morning: Classes 9:30 - 9:55 AM 10 AM - 10:25 AM 10:30 - 10:55 AM 11 - 11:25 AM Parent/Me Level 1 ●● Parent/Me Level 2 ●● Preschool Level 1 ●● Preschool Level 2 ●● Level 1 Beginners ●● Level 2 Advanced Beginners ●● Level 3 Intermediate ●● Level 4 Advanced ● Afternoon: Classes 5 PM - 5:25 PM 5:30 PM - 5:55 PM 6 PM - 6:25 PM Parent/Me Level 1 ●● Parent/Me Level 2 ● Preschool Level 1 ●● Preschool Level 2 ● Level 1 Beginners ●● Level 2 Advanced Beginners ●● Level 3 Intermediate ● Level 4 Advanced ● Aqua Aerobics Classes Monday Tuesday Wednesday Thursday Friday Saturday Sunday Aqua Aerobics 5:30-6:30 PM 5:30-6:30 PM 9:30-10:30 AM Aqua Yoga 7.2.a Packet Pg. 64 Attachment: 2022 Swimming Swan LLC Schedule - Gilroy (2022-20 : Award of Contract for Christopher High School Aquatics Center Operator) April 2022 Mon Tues Wed Thur Fri Sat.Sun. 1 2 3 4 5 LG or WSI 9am-5pm 6 LG or WSI 9am-5pm 7 LG or WSI 9am-5pm 8 Lg or WSI 9am-5pm 9 10 11 12 13 14 15 16 Lifeguarding Certification Class (8am-6pm) 17 Lifeguard Certification Class (8am-6pm) 18 19 20 21 22 23 Water Safety Instructor Class (8am-6pm) 24 Water Safety Instructor Class (8am-6pm) 25 26 27 28 LGI Course Online 29 LGI Course Online 30 LGI Course 9am-6pm 7.2.a Packet Pg. 65 Attachment: 2022 Swimming Swan LLC Schedule - Gilroy (2022-20 : Award of Contract for Christopher High School Aquatics Center Operator) May Mon Tues Wed Thur Fri Sat Sun 1 LGI Course 9am-6pm 2 3 4 5 6 7 Lifeguard Certification Class (8am-6pm) 8 Lifeguard Certification Class (8am-6pm) 9 10 11 12 13 14 WSI Course 8-6pm 15 WSI Course 8-6pm 16 17 18 19 LGI Course Online 20 LGI Course Online 21 LGI Course 8am-7pm 22 LGI Course 8am-7pm 23 24 25 26 27 28 Lifeguard Certification Class (8am-6pm) 29 Lifeguard Certification Class (8am-6pm) 30 31 7.2.a Packet Pg. 66 Attachment: 2022 Swimming Swan LLC Schedule - Gilroy (2022-20 : Award of Contract for Christopher High School Aquatics Center Operator) June Mon Tues Wed Thur Fri Sat Sun 1 2 3 4 Rec. Swim (11am-5pm) Aqua Fitness 930-1030 am Pre-Service Staff Meeting 8am-10:30am 5 Rec. Swim (11am-5pm) 6 7 8 9 10 11 Rec. Swim (11am-5pm) Aqua Fitness 930-1030 am Pre-Service Staff Meeting 8-1030am Lifeguard Cer ification Class (8am-6pm) 12 Rec. Swim (11am-5pm) Lifeguard Certification Class (8am-6pm) 13 14 Rec. Swim (12pm-5pm) Jr. LG 9-12pm Session 1 930-11:25AM 5-630PM Aqua Fitness 5:30-6:30pm 15 Rec. Swim (12pm-5pm) Session 1 930-11:25AM 5-630PM 16 Rec. Swim 12pm-5pm) Jr. LG 9-12pm Session 1 930-11:25AM 5-630PM Aqua Fitness 5:30-6:30 pm 17 Rec. Swim (12pm-5pm) Session 1 930-11:25AM 5-630PM 18 Rec. Swim (11am-5pm) Aqua Fitness 930-1030 am In-Service Training 8-10:30am 19 Rec. Swim (11am-5pm) 20 21 Rec. Swim (12pm-5pm) Jr. LG 9-12pm Session 1 9:30-11:25AM 5-630PM Aqua Fitness 5:30-6:30 pm 22 Rec. Swim (12pm-5pm) Session 1 930-11:25AM 5-630PM 23 Rec. Swim (12pm-5pm) Jr. LG 9-12pm Session 1 930-11:25AM 5-630PM Aqua Fitness 530-630 pm 24 Rec. Swim (12pm-5pm) Session 1 930-11:25AM 5-630PM 25 Rec. Swim (11am-5pm) Aqua Fitness 930-1030 am Water Safety Instructor Course (8am-6pm) 26 Rec. Swim (11am-5pm) Water Safety Instructor Course (8am-6pm) 27 28 Rec. Swim (12pm-5pm) Jr. LG + IttyBitty 9-12pm Session 2 930-11:25AM 5-630PM Aqua Fitness 29 Rec. Swim (12pm-5pm) Itty Bitty LG 9-12 pm Session 2 930-11:25AM 5-630PM 30 Rec. Swim (12pm-5pm) Jr. LG + IttyBitty 9-12pm Session 2 930-11:25AM 5-630PM Aqua Fitness 7.2.a Packet Pg. 67 Attachment: 2022 Swimming Swan LLC Schedule - Gilroy (2022-20 : Award of Contract for Christopher High School Aquatics Center Operator) 530-630 pm 530-630 pm July Mon Tues Wed Thur Fri Sat Sun 1 Rec. Swim (12pm-5pm) Session 2 930-11:25AM 5-630PM 2 Rec. Swim (11am-5pm) Aqua Fitness 930 - 1030 am Potential External Audit 3 Rec. Swim (11am-5pm) In-Service Training 8-10:30am 4 5 Rec. Swim (12pm-5pm) Session 2 930-11:25AM 5-630PM Aqua Fitness 530-630 pm 6 Rec. Swim (12pm-5pm) Session 2 930-11:25AM 5-630PM 7 Rec. Swim (12pm-5pm) Session 2 930-11:25AM 5-630PM Aqua Fitness 530 - 630 pm 8 Rec. Swim (12pm-5pm) Session 2 930-11:25AM 5-630PM 9 Rec. Swim (11am-5pm) Aqua Fitness 930-1030 am Lifeguard Cert. Course (8-6pm) 10 Rec. Swim (11am-5pm) Lifeguard Cert. Course (8-6pm) 11 12 Rec. Swim (12pm-5pm) Session 3 930-11:25AM 5-630PM Aqua Fitness 530 - 630 pm 13 Rec. Swim (12pm-5pm) Session 3 930-11:25AM 5-630PM 14 Rec. Swim (12pm-5pm) Session 3 930-11:25AM 5-630PM Aqua Fitness 530 - 630 pm 15 Rec. Swim (12pm-5pm) Session 3 930-11:25AM 5-630PM 16 Rec. Swim (11am-5pm) Aqua Fitness 930-1030 am In-Service Training (7-9:30am) 17 Rec. Swim (11am-5pm) 18 19 Rec. Swim (12pm-5pm) Session 3 930-11:25AM 5-630PM Aqua Fitness 530 - 630 pm 20 Rec. Swim (12pm-5pm) Session 3 830-10:25AM 5-630PM 21 Rec. Swim (12pm-5pm) Session 3 930-11:25AM 5-630PM Aqua Fitness 530 - 630 pm 22 Rec. Swim (12pm-5pm) Session 3 930-11:25AM 5-630PM 23 Rec. Swim (11am-5pm) Aqua Fitness 930 - 1030 am Water Safety Instructor Course (8am-6pm) 24 Rec. Swim (11am-5pm) Water Safety Instructor Course (8am-6pm) 25 26 Rec. Swim (12pm-5pm) Session 4 930-11:25AM 5-630PM Aqua Fitness 530 - 630 pm 27 Rec. Swim (12pm-5pm) Session 4 930-11:25AM 5-630PM 28 Rec. Swim (12pm-5pm) Session 4 930-11:25AM 5-630PM Aqua Fitness 530 - 630 pm 29 Rec. Swim (12pm-5pm) Session 4 930-11:25AM 5-630PM 30 Rec. Swim (11am-5pm) Aqua Fitness 930 - 1030 am Lifeguard Certification Class (8am-6pm) 31 Rec. Swim (11am-5pm) Lifeguard Certification Class (8am-6pm) 7.2.a Packet Pg. 68 Attachment: 2022 Swimming Swan LLC Schedule - Gilroy (2022-20 : Award of Contract for Christopher High School Aquatics Center Operator) August Mon Tues Wed Thur Fri Sat Sun 1 2 Rec. Swim (12pm-5pm) Session 4 930-11:25AM 5-630PM Aqua Fitness 530 - 630 pm 3 Rec. Swim (12pm-5pm) Session 4 930-11:25AM 5-630PM 4 Rec. Swim (12pm-5pm) Session 4 930-11:25AM 5-630PM Aqua Fitness 530 - 630 pm 5 Rec. Swim (12pm-5pm) Session 4 930-11:25AM 5-630PM 6 Rec. Swim (11am-5pm) Aqua Fitness 930 - 1030 am In-Service Training 7-9:30am 7 Rec. Swim (11am-5pm) 8 9 Rec. Swim -Activity pool only (12pm-5pm) 10 Rec. Swim -Activity pool only (12pm-5pm) 11 Rec. Swim -Activity pool only (12pm-5pm) 12 Rec. Swim -Activity pool only (12pm-5pm) 13 Rec. Swim (11am-5pm) Aqua Fitness 930 - 1030 am 14 Rec. Swim (11am-5pm) 15 16 17 18 19 20 Rec. Swim (11am-5pm) Aqua Fitness 930 - 1030 am 21 Rec. Swim (11am-5pm) 22 23 24 25 26 27 Rec. Swim (11am-5pm) Aqua Fitness 930 - 1030 am 28 Rec. Swim (11am-5pm) 29 30 31 7.2.a Packet Pg. 69 Attachment: 2022 Swimming Swan LLC Schedule - Gilroy (2022-20 : Award of Contract for Christopher High School Aquatics Center Operator) September Mon Tues Wed Thur Fri Sat Sun 1 2 3 Rec. Swim (11am-5pm) Aqua Fitness 930 - 1030 am In-Service Training 9-10:30am 4 Rec. Swim (11am-5pm) 5 6 7 8 9 10 Rec. Swim (11am-5pm) Aqua Fitness 930 - 1030 am 11 Rec. Swim 11am-5pm 12 13 14 15 16 17 Rec. Swim (11am-5pm) Aqua Fitness 930 - 1030 am 18 Rec. Swim 11am-5pm 19 20 21 22 23 24 Rec. Swim (11am-5pm) Aqua Fitness 930 - 1030 am 25 Rec. Swim 11am-5pm 26 27 28 29 30 7.2.a Packet Pg. 70 Attachment: 2022 Swimming Swan LLC Schedule - Gilroy (2022-20 : Award of Contract for Christopher High School Aquatics Center Operator) October Mon Tues Wed Thurs Fri Sat Sun 1 Rec. Swim (11am-5pm) Aqua Fitness 930 - 1030 am In-Service Training 9-10:30 am 2 Rec. Swim (11am-5pm) 2 4 5 6 7 8 Rec. Swim (11am-5pm) Aqua Fitness 930 - 1030 am 9 Rec. Swim (11am-5pm) 10 11 12 13 14 15 Rec. Swim (11am-5pm) Aqua Fitness 930 - 1030 am 16 Rec. Swim (11am-5pm) 17 18 19 20 21 22 Rec. Swim (11am-5pm) Aqua Fitness 930 - 1030 am 23 Rec. Swim (11am-5pm) 24 25 26 27 28 29 Rec. Swim (11am-5pm) Aqua Fitness 930 - 1030 am 30 Rec. Swim (11am-5pm) 7.2.a Packet Pg. 71 Attachment: 2022 Swimming Swan LLC Schedule - Gilroy (2022-20 : Award of Contract for Christopher High School Aquatics Center Operator) Policies and Procedures for Registrations, Refund, and Customer Complaints 1.Cancellation Policy: Cancellations must be done 1 week or 7 days in advance to the start of your lesson package or forfeit payment. 2.Registration and Payment Policy: All registrations can be done either online through the website OR with the cashier at the Entrance Gate. A full registration includes signing a waiver and making payment. 3.Refund Policy: Refunds are given if lessons are cancelled at least 1 week or 7 days prior to the start of lessons. We can transfer lessons to another session free of charge so long as this is done at least one week prior to the start of lessons. Transfer request form must be completed in order to switch sessions. There are no refunds for any unused and/or missed swimming lessons. 4.Customer Complaints Policy: We ask that parents speak to On-Site Management off to the side of any lessons that are being conducted as not to interfere with any programs running. Customers can also reach out to our Management Team that works remotely and we will answer any and all inquiries within 24 hours. Proposed Fee Schedule Swim Lessons Fees: 2 Week Sessions: ●$110 per resident swimmer/session ●$120 per non-resident swimmer/session Recreational Swimming Fees Resident/Non-Resident: Children under age 2 are free •Weekdays: $8 resident/$10 non-resident gate fee per swimmer ●55+ Senior Discounts $6 resident/$8 non-resident • Weekends: $10 resident/$12 non-resident gate fee per swimmer ●55+ Senior Discounts $8 resident/$10 non-resident Monthly Passes for Residents/Non-Residents: •$70 per person resident/$90 per person non-resident • $200 family pass resident/$240 family pass non-resident 7.2.a Packet Pg. 72 Attachment: 2022 Swimming Swan LLC Schedule - Gilroy (2022-20 : Award of Contract for Christopher High School Aquatics Center Operator) ●Must live in the same household Private Party Rental Fees: Saturday/Sunday June 1-16th from 12:00-4:30pm Tues-Sunday June 18th - September 4th 12:00-4:30pm $350 for up to 40 people. Aqua Fitness Rates: TBD Junior Lifeguard Program: Tuesday and Thursday mornings from 9 AM - 12 pm, 3 weeks June 14th - June 30th, 2022; total program is 18 hours. Ages: 11-14 Price: $260 Itty bitty Lifeguard Camp: June 28th - 30th, 2022 from 9 AM - 12pm Ages: 6 - 10 Price: $125 Certification Courses Variable Fees, Courses might be included as a part of job placement. Lifeguard Instructor Certification Course: $350 Lifeguard Certification Course: $300 Lifeguard Review Course: $200 Water Safety Instructor Course: $300 Water Safety Instructor Review Course: $200 First Aid/CPR Course: $75 Proposed Staffing Ratios for Various Programs and Pool Safety: ●Hours of Operation: 11 hours Tues-Friday, 7 hours Sat/Sunday. ●15 Lifeguards, 2 Supervisors, 1 Manager, 1 Cashier ●1 Aqua Fitness 7.2.a Packet Pg. 73 Attachment: 2022 Swimming Swan LLC Schedule - Gilroy (2022-20 : Award of Contract for Christopher High School Aquatics Center Operator) Proposed Operator Management Fee $175,000 year one. Fee includes: 1. Aquatics Director Fee 2. Direct Payroll - estimated at $196,607 3. Taxes 4. Insurance 5. Technology Platform 6. Administrative 7. Marketing and Advertising Costs 8. External Audit through the Red Cross 9. Custodial Costs 10. All additional equipments and uniforms needed 7.2.a Packet Pg. 74 Attachment: 2022 Swimming Swan LLC Schedule - Gilroy (2022-20 : Award of Contract for Christopher High School Aquatics Center Operator) City of Gilroy STAFF REPORT Agenda Item Title: Annual Appointments to City Boards, Commissions and Committees With Seats Vacant or Expired as of December 31, 2021 Meeting Date: February 7, 2022 From: Jimmy Forbis, City Administrator Department: City Clerk Submitted By: Thai Pham Prepared By: Thai Pham Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Appoint members to Boards, Commissions and Committees with seats vacant or expired as of December 31, 2021. BACKGROUND Nine1 (9) of the City’s Boards, Commissions, and Committees had seats vacant as of December 31, 2021. At the close of the recruitment period the following applications were received, and the Council interviewed applicants at the January 24, 2022 regular meeting. The Council is now asked to consider the app ointment of members to the following open seats: Arts & Culture Commission Applicants # of Seats Open # of Applications 1 The number is based on the January 24, 2022 City Council’s action of consolidating Bicycle Pedestrian Commission into both Planning and Parks and Recreation Commission. 9.1 Packet Pg. 75 1. Camille McCormack (incumbent) 2. Carmine DePaulo* 3. Frank Patterson 4. Alexandra Perdew 4 4 *: Council did not interview Library Commission Applicants # of Seats Open # of Applications 1. Jennifer Del Bono** 2. Saeid Nooshabadi* 1 2 *: Council did not interview **: Candidate Withdrew Application Open Government Commission Applicants # of Seats Open # of Applications 1. Tia Marrie Enriquez* 2. Akur Varadarajan* 1 2 *: Council did not interview Parks and Recreation Commission Applicants # of Seats Open # of Applications 1. Eric Arredondo 2 1 Personnel Commission Applicants # of Seats Open # of Applications 1. Marissa Haro 2. Connor Olenberger*** 3. Sergio Patterson 4. Annie Tomasello* 5. Nita Edde-Mitchell (incumbent) 2 5 *: Council did not interview ***: Applicant not eligible; lives outside of City’s limits. Planning Commission Applicants # of Seats Open # of Applications 1. Paolo Basilio* 2. Zafar Khan* 3. Annedore Kushner 4. Adriana Leongardt 5. Steven Oleson** 6. David Matuszak 7. Andrew Ridley** 8. Zintis Rieksts 9. Monica Valdez** 10. Akur Varadarajan* 2 10 9.1 Packet Pg. 76 *: Council did not interview **: Candidate Withdrew Application At the time of writing this report, five (5) applicants withdrew their application. Council was notified of same. It was brought to staff’s attention that Applicant Connor Olenberger is not eligible to be appointed on the Personnel Commission as he lives outside of the City’s boundary limits. Additionally, the Bicycle & Pedestrian Commission (BPC) and the Physically Challenged Board of Appeals (PCBA) received no applications during the recruitment period. Recruitment period for the open seats on PCBA is ongoing. No active recruitment for BPC will be done. Except for applicants who withdrew their application and Applicant Olenberger’s application, all applications and the 2021 incumbent attendance log are included with this staff report. Attachments: 1. 2022 Boards, Commissions, and Committees Applications 2. 2021 Board, Commission, and Committee Members Attendance 9.1 Packet Pg. 77 9.1.a Packet Pg. 78 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 79 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 80 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 81 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 82 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 83 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 84 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 85 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 86 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 87 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 88 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 89 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 90 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 91 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 92 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 93 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 94 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 95 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 96 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 97 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 98 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 99 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 100 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 101 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 102 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 103 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 104 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and City of Gilroy Board, Committee, and Commission Appointment | Saeid Nooshabadi Page 2 of 2 9.1.a Packet Pg. 105 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 106 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 1/18/22, 10:43 AM https://www.cityofgilroy.org/Admin/FormCenter/Submissions/Print/2426 https://www.cityofgilroy.org/Admin/FormCenter/Submissions/Print/2426 2/2 List your qualifications for this appointment: List any service to the community including any prior appointments. What are you goals while serving on this Board/Commission/Committee? Why are you the most qualified to serve on this Board/Commission/Committee? I am a natural born advocate. I have a keen sense of systemic approaches. I have a broad sense of knowledge in a variety of governmental agencies. I have strong leadership ability. I am driven by a passion to contribute to the community and finding a place that allows me to be apart of improving information quality as well as being a voice for others in the community. I have not had any prior appointments. I have serviced the community in personal projects such as: feeding the homeless during the holidays, volunteered to cater events for local police associations, volunteered at my children's school's, volunteered at nursing homes, wrote to soldiers away on active duty, put together care packages, assisted with fundraising, and various other projects for the community. My goal while serving on this board/commission/committee is to ensure effective public oversight, upholding the highest level of integrity. Making connections with other actively involved members of the community. Honorable proving to be a strong asset to the community as a whole, and gaining the experience that will qualify me for future service positions. I am the most qualified to serve on this board because I am passion driven to expand my horizons, integrate with the larger community, and am determined to influence local government and policies, connect with others who have a similar appreciation for directly impacting positive changes in the community. I am a fearless, stand up woman who is has a burning desire to find outside the box approaches that still cater to customarily "systemic approaches" but that will balance equality as a whole in our community. Gilroy is definitely in need of some new faces and I will put my best foot forward every step of the way. 9.1.a Packet Pg. 107 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 108 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 109 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 110 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 111 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 112 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 113 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and City of Gilroy Board, Committee, and Commission Appointment | Marissa Haro Page 3 of 4 organizational, operational, policy, and procedural improvements. I act a departmental resource in the area of personnel/human resources management. Additionally, during my time as a Human Resources Technician with Gavilan Joint Community College District, I analyzed and revised the Human Resources policies and procedures to ensure compliance with State and Federal regulations. I processed complaints by conducting initial intakes interviews. As the district’s recruitment lead, I coordinated the selection of faculty, administrative, supervisory and classified employees; assembled screening and interview committees, facilitated equal employment opportunity training, and communicated with candidates throughout the recruitment process. In 2017, I obtained my Master of Public Administration degree. Intensive course work in the Master of Public Administration program taught me how to use critical thinking techniques when analyzing how public organizations comply with federal, state and local laws, codes and regulations. Additionally, the Public Personnel Administration Course allowed me to gain a deeper understanding of the methods and problems of job analysis, compensation, staffing, recruitment, equal employment opportunity, evaluation, training and union relations. My advanced educational background has also helped me understand the importance of cultural competency and the value of diversity, which is a valuable qualification for all City of Gilroy commission members. My experience as an Associate Governmental Program Analyst with the California Governor’s Office of Emergency Services providing oversight, guidance and technical assistance in the development, implementation and maintenance of grant projects, while ensuring compliance with state and federal legislation demonstrating my stellar customer service skills. Lastly, during my time as the Director of Communications of the San Jose State University Master of Public Administration Student Association, I successfully completed projects using exemplary interpersonal skills crucial to the role of Personnel Commission member. In order to effectively administer and manage services and programs, it is important for the City of Gilroy Personnel Commission members to demonstrate and maintain a high degree of integrity and good judgment. I am committed to helping the Personnel Commission achieve its goals by exhibiting the aforementioned qualities and positively contributing to the partnerships with other departments, outside agencies and the general public to provide quality service. As a life-long Gilroy resident, I am eager to serve the City of Gilroy as a member of the Personnel Commission because it will allow me to expand my professional experience while giving back to the community, which I am proudly a part of. 9.1.a Packet Pg. 114 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and City of Gilroy Board, Committee, and Commission Appointment | Marissa Haro Page 4 of 4 I look forward to the opportunity to discuss my qualifications in detail during an interview. 9.1.a Packet Pg. 115 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 116 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 117 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 118 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 119 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 120 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 121 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 122 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 123 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 124 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 125 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 126 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and City of Gilroy Board, Committee, and Commission Appointment | Annedore Kushner Page 2 of 2 I would not claim to be the “most†qualified candidate to be on the Planning Commission, but I’m certainly well qualified to serve on it. I bring logic, pragmatism, and excellent organizational skills to the table. I am quite capable of forming an informed opinion after doing the requisite research and gathering information and being open to a wide variety of viewpoints from applicants and community stakeholders. Most important of all, I have common sense and know how to apply it and then verbalize my thinking process. 9.1.a Packet Pg. 127 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 128 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 129 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 130 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 131 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 132 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 133 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 134 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and 9.1.a Packet Pg. 135 Attachment: 2022 Boards, Commissions, and Committees Applications (3631 : Annual Appointments to City Boards, Commissions and MEMBERJan Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecNelly BermudezAPPAAN/A N/A N/A N/A N/A N/A N/AJudy BozzoP PPPPPDPPPCPNancy FierroP PPPPPAPPAAACamille McCormackP PPPPPRPPPNPMelanie ReynissonEPPPPPKPPPCPFederico SaldanaP PPPPP PPPEPEdgar ZaldanaPAPEPEPPALN/ALisa CarterMEMBERJan Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecAlison BeachP PPPCPCPPEN/ACSean ReedyP PPPCPCEPPPCPatrick FlauttP PPPCPCPPPPCKirsten Robbins P PPPCPCPPPPCNirza Starks P PPPCPCPEPPC MEMBERJan Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecFrancois Rothe Todd MazzaPatricia GiordanoMoe McHenryMetra ValleBOARD/COMMISSION/COMMITTEE ATTENDANCE 2021ARTS AND CULTURE COMMISSION (7 members meets 2nd Tues/6:30 p.m.)BICYCLE/PEDESTRIAN COMMISSION (5 members meets 4th Tues/6:00 p.m.)BUILDING BOARD OF APPEALS (5 members meet as needed)9.1.bPacket Pg. 136Attachment: 2021 Board, Commission, and Committee Members Attendance (3631 : Annual Appointments MEMBERJan Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecKathleen ChavezPPPCCPCPPCPPIan BruesehoffPPPCCPCAACAARebecca Armendariz (City Council Rep)N/A N/A N/A N/A N/APCPPCPEPeter Leroe-Muñoz (City Council Rep)PPPCCN/ACN/A N/A N/A N/A N/ADavid MatuszakPPPCCPCPPCEPAdilene Jezabel MorenoN/AN/AN/AN/AN/AN/ACPPCPPFabian Morales MedinaPPPCCACN/AN/AN/AN/AN/AMEMBERJan Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecVanessa AshfordP PPPPPPCPCCCGreg BozzoP PPPPEPCPCCCMakhan GuptaN/APPPPPPCPCCCJasmine LedesmaP PPPPPPCPCCCLaraine SpencerP PPPPPPCPCCCDanny VanPPPEPPAN/AN/AN/AN/AN/ACarissa PurnellN/AN/AN/AN/AN/AN/AN/AN/APCCCMichael SanchezN/AN/AN/AN/AN/AN/AN/AN/AN/AN/ACCJanel ValenzuelaN/AAAAAN/AN/AN/AN/AN/AN/AN/AHOUSING AND NEIGHBORHOOD REVITALIZATION COMMITTEE ( members meets 2nd Wed/6 p.m.)HISTORIC HERITAGE COMMITTEE (5 members meets 3rd Weds/6 p.m. )9.1.bPacket Pg. 137Attachment: 2021 Board, Commission, and Committee Members Attendance (3631 : Annual Appointments MEMBERJan Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecMichaela GonzalezAAN/A N/A N/ASumana ReddyPP P P PKatherine RobinsonPP P PEKathy SouzaPP PEPVictoria Coverson-BaxterPP P P PGabriela KimPPMEMBERJan Feb Mar Apr May Jun Jul Aug Sep Oct Nov* DecDiana BentzPCPACMatthew CarvalhoACPPCKaren EnzenspergerPCPPCRobert EspositoPCPE8/26/21 - resignedRebecca Scheel PCPPCLIBRARY COMMISSION (5 members meets 2nd Wed/7 p.m.)OPEN GOVERNMENT COMMISSION (5 members meets quarterly)9.1.bPacket Pg. 138Attachment: 2021 Board, Commission, and Committee Members Attendance (3631 : Annual Appointments MEMBERJan Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecPatricia Bentson P PPPPEP PPPAngela ReinertP PPPPPP PPPRobert MillerP PPPPEP PPPGregory Troy (resigned)PPPTheresa GrahamP PPPPPP PPPErmelindo PuenteEPPPPAP PPPMichelle WexlerP PPPPPP PPPEfren PinedaPPEPPMEMBERJan Feb Mar Apr May Jun Jul Aug SepOct Nov DecRobin Bronze CCPCCAPCCPPCCatherine CumminsCCPCCPPCCPECNita Edde-MitchellCCPCCPPCCEPCSholly Nicholson CCECCPPCCPPCAnnie TomaselloCCECCPPCCEECMEMBERJan Feb Mar Apr May Jun Jul Aug Sep Oct. Nov DecMartha JohansonCCC CP -Mary DrummondCCC CP Leah Terry McCarthyCCC CA Tracy Stephens N/AN/AN/AN/AN/AN/AN/AN/AN/ACP Marco MachadoCCCN/AN/AN/AN/AN/AN/AN/AMercy Mollinedo-GooldCCCN/AN/AN/AN/AN/AN/AN/APARKS & RECREATION COMMISSION (7 members meets 3rd Tues/6 p.m.)PERSONNEL COMMISSION (5 members meets 2nd Mon/5:30 p.m.)PHYSICALLY CHALLENGED BOARD OF APPEALS (5 members meets 2nd Tues-Jan/April/July/Oct/10:00am)9.1.bPacket Pg. 139Attachment: 2021 Board, Commission, and Committee Members Attendance (3631 : Annual Appointments MEMBERJan Feb Mar Apr May Jun Jul Aug Sep OctNov DecManny BhandalCPCPPPCAPCPEJohn DoyleCPCAPPCEPCPPReid LernerCPCN/A N/A N/A N/A N/A N/A N/A N/A N/AAdilene Jezabel Moreno N/A N/A N/A N/APPCPPCEPJoan LewisCPCPPECPPCPPFabian Morales MedinaCPCPPPCN/A N/A N/A N/A N/AAndrew RidleyCPCPPECPPCPPStefanie Elle N/A N/A N/A N/A N/A N/A N/A N/A N/A N/APPTom FischerCPCPPPCPPCPPMEMBERJan Feb March April MayJun Jul Aug Sep Oct Nov DecAlexis KongP PPPPPPPAlexis Miller N/A N/A N/A N/A N/APPPAlyssa GonzalezP PPPEN/A N/A N/AAugusta SchultePPPPPN/A N/A N/AEsmeralda GarciaP PPPPN/A N/A N/AEzequiel Lopez N/A N/A N/A N/A N/AAPPIsaac Hwang N/A N/A N/A N/A N/APPPJacob BakerPAPEAPPPJoshua MartinezPPAPPN/A N/A N/ALavander Hwang N/A N/A N/A N/A N/APPPMeyhar KamrahP PPPPPPPReet PaddaP PPPPPPPSerena RamirezPPPPPN/A N/A N/AWinston JamesP PPPAAPEYashila SureshP PPPPPPPP = PresentA = Absent without contacting staffE= ExcusedN/A = Not a member (Resignation, Term expired, Not yet appointed)C = Meeting was cancelled- = No meeting was scheduledPLANNING COMMISSION (7 members meets 1st Thurs/6:30 p.m.)YOUTH COMMISSION (11 members meets the 2nd Mon/6:00 p.m.)9.1.bPacket Pg. 140Attachment: 2021 Board, Commission, and Committee Members Attendance (3631 : Annual Appointments City of Gilroy STAFF REPORT Agenda Item Title: Consent of the Appointment of Jon Biggs as Interim Community Development Director (Retired Annuitant) effective February 8, 2022 and Adoption of a Resolution of the City Council of the City of Gilroy Approving the Exception to the 180-Day Wait Period for Jon Biggs and Approving the Interim Appointment and Employment Agreement Pursuant to California Government Code 21221(h) Meeting Date: February 7, 2022 From: Jimmy Forbis, City Administrator Department: Human Resources Department Submitted By: LeeAnn McPhillips Prepared By: LeeAnn McPhillips Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION a) Consent of the City Administrator's recommendation to appoint Jon Biggs as Interim Community Development Director (as a retired annuitant) effective February 8, 2022. b) Adopt a Resolution of the City Council of the City of Gilroy approving the exception to the CalPERS 180-day wait period for the appointment of Jon Biggs (retired annuitant), consenting the City Administrator's recommendation to appoint Jon Biggs as Interim Community Development Director (Retired Annuitant) pursuant to California Government Code Section 21221(h), and authorizing the City Administrator to execute the employment agreement. 10.1 Packet Pg. 141 BACKGROUND Due to the recent resignation of Community Development Director just before the holidays, the City of Gilroy has a vacancy in the position of Community Development Director. On February 1, 2022, the City commenced a recruitment for a new Director and needs to hire an Interim Community Development Director to serve while the recruitment is being conducted. Former Los Altos Community Development Director Jon Biggs, who is a Gilroy resident, is available to serve as the Interim Community Development Director. Mr. Biggs is a California Public Employees’ Retirement System (CalPERS) retired annuitant having retired at the end of 2021. He has the education, skills, and experience to hit the ground running and serve as Gilroy’s Interim Community Development Director effective February 8, 2022. Mr. Biggs has over twenty years of related municipal work experience. He served the City of Los Altos for over five years in the capacity of Community Development Director. Prior to Los Altos, Mr. Biggs served the communities of Pismo Beach, Alame da, and Pacific Grove. He has a bachelor’s degree in Urban Planning from San Jose State University. He holds a certificate in Transportation Impacts and Land Development from University of California - Berkeley as well as a certificate in Environmental Planning and Thresholds of Significance from University of California - Davis. California Government Code Section 21221(h) allows an agency to hire a retired annuitant to serve in an “interim” position when there is an immediate need for expertise and specialized skills and a recruitment is underway for the position. The recruitment process for a new Community Development Director is already underway and the City expects to complete the selection process in the next three to four months. Further, the retired annuitant may not work more than 960 hours in a fiscal year and cannot receive any compensation other than the hourly rate of pay for the work performed by other employees performing comparable duties. However, pursuant to the Governor’s Executive Order N-12-21, the retiree may work more than 960 hours per fiscal year provided the Executive Order remains in effect. The Public Employees’ Pension Reform Act (PEPRA) made substantial changes to public employee pension laws in California. One of those changes requires retired annuitants to be separated from employment for at least 180 days before returning to work for an employer that belongs to the same retirement system from which the retiree receives a pension. Government Code Section 7522.56 allows the governing body to adopt a 180-day exception resolution certifying the nature of the employment and that the employment is necessary to fill a critically needed position before the 180 days has passed. Given Gilroy’s immediate and critical need for an Interim Co mmunity 10.1 Packet Pg. 142 Development Director, there is justification to make the exception and waive the 180 - day wait period. In addition, the Governor’s Executive Order N-12-21, also waives the 180-day wait period provided the Executive Order remains in effect during the 180-day period. In the event the Executive Order is terminated before the end of the 180 -day wait period, staff is recommending adoption of the exception resolution. In addition, the Governor’s Executive Order N-12-21, suspends the CalPERS requirement that a retired annuitant have a bona fide 60 -day separation from all CalPERS employment if the retiree retires before they reach their normal retirement age. This suspended section applies to Mr. Biggs given the different retirement formulas that make up his current retirement allowance. Therefore, his employment is allowed under the Executive Order. In the Interim Community Development Director role, and as an officer of the City, Jon Biggs agrees to perform the following duties related to the Gilroy Communi ty Development Department: a. Serve as head of the Community Development Department and technical advisor to the City Administrator and other department heads on community development related matters. b. Develop and direct the implementation of goals, obje ctives, policies, procedures and work standards for the Community Development Department. c. Plan, organize, assign, direct, review, and evaluate planning, building, housing, code enforcement, fire prevention, chemical control, wastewater pretreatment and environmental services programs. d. Insure timely and complete review of development applications such as Conditional Use Permits, Tentative Maps, Architectural and Site Review, Residential Development Approval, Zoning Ordinance Amendments, General Plan Amendments; including preparation of Negative Declarations, Initial Studies and Environmental Impact Reports when required. e. Responsible for staff support to the South County Habitat Conservation Plan development and the South County Joint Planning Advisor y Committee. f. Facilitate Planning Commission meetings (oversee agenda preparation, review reports and information that is forwarded in the packet). g. Direct all aspects of the General Plan Update process. h. Oversight for the review and permitting of a ll private and public development within the City. i. Serve as problem solver or chief advisor on development applications and confer with City officials, applicants and community groups on proposed projects. j. Prepare and present comprehensive technical reports. 10.1 Packet Pg. 143 k. Direct the departmental budget to include: preparing division budgets, projecting revenues and monitoring revenues and expenditures. Research, analyze, and make recommendations for cost effective departmental operations to include: developing, administering, and evaluating departmental programs and services; addressing process issues; and implementing required changes. l. Develop, analyze and make recommendations on the formulation of policy, procedures, staffing and organizational requirements for the department. m. Select, train and evaluate departmental personnel n. Responsible to amend and adopt State construction codes and the Zoning Ordinance per new State law requirements. o. Review development within the Downtown Specific Plan, Glen Loma Specific Plan and Hecker Pass Specific Plan for compliance with the specific plans and development agreements. p. May serve as the Planning and Intelligence Section Chief of the City’s Emergency Operations Center (EOC). q. Coordinate the activities of the Community Development Department with those of other departments and agencies. r. Any other duties or assignments typically assigned to the Community Director. As Interim Community Director, Jon Biggs will report directly to the City Administrator and shall comply with all City rules, policies, guidelines, regulations, and laws. Mr. Biggs will be paid $99.12 per hour with no other benefits or incentives. ALTERNATIVES The alternative would be not to waive the 180-day wait period or approve the interim appointment. If not approved, the City would need to identify someone else to serve as the Interim Community Development Director or leave the position vacant. These alternatives are not recommended given the immediate and critical need. FISCAL IMPACT/FUNDING SOURCE This interim appointment provides a cost savings to the City as only the hourly rate for the position is paid to the retired annuitant and not any benefits. It is estimated that this interim appointment will save the City approximately $7,000 per month when filled on a full-time basis. Over a four-month period, the savings will total approximately $30,000. 10.1 Packet Pg. 144 CONCLUSION To ensure continuity in the management of the Community Development Department during a critical time, it is recommended that the City Council consent to the appointment of Jon Biggs as Interim Community Development Director (retired annuitant) effective February 8, 2022 and approve the resolution waiving the 180 -day wait period, approving the interim appointment under California Government Code 21221(h), and authorizing the City Administrator to execute the employment agreement. NEXT STEPS Upon Council approval, the City Administrator will finalize and sign the employment agreement and Mr. Biggs will begin work effective February 8, 2022. Attachments: 1. Resolution to Waive the 180 Day Wait Period and Interim Appointment Under 21221(h) Jon Biggs Interim CD Director 2.7.22 2. Exhibit A Employment Agreement Interim CD Director Jon Biggs 2.7.22 10.1 Packet Pg. 145 RESOLUTION NO. 2022-XX RESOLUTION NO. 2022-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN EXCEPTION TO THE CALPERS 180 DAY WAIT PERIOD OF JON BIGGS FOR INTERIM COMMUNITY DEVELOPMENT DIRECTOR APPOINTMENT WHEREAS, in compliance with Government Code Section 7522.56, the City of Gilroy (“City”) must provide the California Public Retirement System (“CalPERS”) this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; and WHEREAS, Jon Biggs (“Biggs”) retired from the City of Los Altos in the position of Community Development Director effective on or about December 31, 2021 and is beyond the normal retirement age; and WHEREAS, Section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date of December 31, 2021 without this certification resolution except as allowed under the Governor’s Executive Order N-12-21; and WHEREAS, Section 7522.56 provides that this exception to the 180 day wait period shall not apply if the retiree accepts any type of retirement incentive; and WHEREAS, the City and Biggs certify that Biggs has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, an appointment under Gov. Code section 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and WHEREAS, the search for a permanent appointment commenced on February 1, 2022; and WHEREAS, the City Council of the City of Gilroy hereby consents the City Administrator’s recommendation to appoint Jon Biggs as an interim appointment retired annuitant to the vacant position of Community Development Director for the City of Gilroy under Government Code section 21221(h), effective February 8, 2022; and WHEREAS, this Gov. Code section 21221(h) appointment shall only be made once and therefore will end once a permanent appointment to the position is made; and WHEREAS, under Governor’s Executive Order N-12-21, the 60-day bona fide separation period for retirees who retire before their normal retirement age is currently suspended; and WHEREAS, the entire employment agreement, contract or appointment document between Biggs and the City of Gilroy has been reviewed by this body and is attached herein as Exhibit A; and WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers except as allowed by the Governor’s Executive Order N-12-21; and 10.1.a Packet Pg. 146 Attachment: Resolution to Waive the 180 Day Wait Period and Interim Appointment Under 21221(h) Jon Biggs Interim CD Director 2.7.22 (3649 : RESOLUTION NO. 2022-XX WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum base salary for this position is $17,180.00 and the hourly equivalent is $99.12, and the minimum base salary for this position is $12,793.00 and the hourly equivalent is $73.81; and WHEREAS, the hourly rate paid to Biggs will be $99.12; and WHEREAS, Biggs has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and NOW, THEREFORE, the City Council of the City of Gilroy hereby finds, determines, and resolves as follows: 1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference. 2. The City Council hereby certifies the nature of the employment of Biggs as described herein and finds that this appointment is necessary for the leadership and management of the Community Development Department, that Biggs has over twenty years of related experience to complete such work, and that such interim appointment is necessary to ensure continuity of the Community Development Department. PASSED AND ADOPTED this 7th day of February 2022 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ____________________________ Marie Blankley, Mayor ATTEST: _______________________________ Thai Nam Pham, City Clerk 10.1.a Packet Pg. 147 Attachment: Resolution to Waive the 180 Day Wait Period and Interim Appointment Under 21221(h) Jon Biggs Interim CD Director 2.7.22 (3649 : EXHIBIT A RETIRED ANNUITANT EMPLOYMENT AGREEMENT The Retired Annuitant Employment Agreement (“Agreement”) is made by and between the City of Gilroy, a municipal corporation of the State of California (“City”) and Jon Biggs, an individual (“Retired Annuitant”) as of February 8, 2022 (“Effective Date”). RECITALS A. Retired Annuitant previously was employed by the City of Los Altos and other California Public Employees’ Retirement System (CalPERS) employers since 1989, having previously served as Los Altos’ Community Development Director from 2016-2011; and B. Retired Annuitant retired from public service effective December 31, 2022 and began collecting a retirement pension from the California Public Employees’ Retirement System (CalPERS); and C. The City has a vacancy in the position of Community Development Director, a regular position for which the City has commenced a recruitment for a permanent appointment as of February 1, 2022; and D. The City has an immediate need for an employee to temporarily perform the position of Community Development Director, a position involving specialized skills and training and which is critically necessary to the on-going duties and functions of the City’s Community Development Department; and E. Retired Annuitant has the necessary qualifications, experience and abilities to assist City in the duties of leadership and management of the Community Development Department; and F. Retired Annuitant’s employment is authorized by Government Code section 21221(h), which permits the City to appoint a CalPERS retired annuitant to a vacant position requiring specialized skills during recruitment for a permanent replacement; and G. City desires to retain the services of Retired Annuitant in accordance with California Government Code Section 21221(h) and Retired Annuitant agrees to provide certain services to City under the strict terms and conditions set out in this Agreement; and H. Governor’s Executive Order N-12-21 suspends certain requirements related to the employment of CalPERS retirees to include the 180-day waiting period before working for a CalPERS agency and the 60-day waiting period for retired annuitants to work for a CalPERS agency if the retiree retired before their normal retirement age. In consideration of this matter described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties of this Agreement agree as follows: AGREEMENT 10.1.b Packet Pg. 148 Attachment: Exhibit A Employment Agreement Interim CD Director Jon Biggs 2.7.22 (3649 : Appointment of Interim Community Development Section 1. Term of Services The term of this Agreement is from February 8, 2022 until such time as a permanent replacement for the position of Community Development Director has been selected and has commenced employment, unless terminated sooner as provided below. Section 2. Scope of Services Retired Annuitant, as an officer of the city, agrees to perform the following duties related to the Gilroy Community Development Department: a. Serve as head of the Community Development Department and technical advisor to the City Administrator and other department heads on community development related matters. b. Develop and direct the implementation of goals, objectives, policies, procedures and work standards for the Community Development Department. c. Plan, organize, assign, direct, review, and evaluate planning, building, housing, code enforcement, fire prevention, chemical control, wastewater pretreatment and environmental services programs. d. Insure timely and complete review of development applications such as Conditional Use Permits, Tentative Maps, Architectural and Site Review, Residential Development Approval, Zoning Ordinance Amendments, General Plan Amendments; including preparation of Negative Declarations, Initial Studies and Environmental Impact Reports when required. e. Responsible for staff support to the South County Habitat Conservation Plan development and the South County Joint Planning Advisory Committee. f. Facilitate Planning Commission meetings (oversee agenda preparation, review reports and information that is forwarded in the packet). g. Direct all aspects of the General Plan Update process. h. Oversight for the review and permitting of all private and public development within the City. i. Serve as problem solver or chief advisor on development applications and confer with City officials, applicants and community groups on proposed projects. j. Prepare and present comprehensive technical reports. k. Direct the departmental budget to include: preparing division budgets, projecting revenues and monitoring revenues and expenditures. Research, analyze, and make recommendations for cost effective departmental operations to include: developing, administering, and evaluating departmental programs and services; addressing process issues; and implementing required changes. l. Develop, analyze and make recommendations on the formulation of policy, procedures, staffing and organizational requirements for the department. m. Select, train and evaluate departmental personnel n. Responsible to amend and adopt State construction codes and the Zoning Ordinance per new State law requirements. o. Review development within the Downtown Specific Plan, Glen Loma Specific Plan and 10.1.b Packet Pg. 149 Attachment: Exhibit A Employment Agreement Interim CD Director Jon Biggs 2.7.22 (3649 : Appointment of Interim Community Development Hecker Pass Specific Plan for compliance with the specific plans and development agreements. p. May serve as the Planning and Intelligence Section Chief of the City’s Emergency Operations Center (EOC). q. Coordinate the activities of the Community Development Department with those of other departments and agencies. r. Any other duties or assignments typically assigned to the Community Director. Retired Annuitant will report directly to the City Administrator. Retired Annuitant shall comply with all City rules, policies, guidelines, regulations, and laws. Section 3. Compensation; Hours City agrees to compensate Retired Annuitant at $99.12 per hour for all services provided under this Agreement. Payments from City to Retired Annuitant shall be made during the normal payroll cycles of other City employees. City has reviewed and compared the hourly rate set forth in this Section with other employees performing comparable duties and the hourly rate set forth in this Section does not exceed such other employee’s compensation. Retired Annuitant agrees and acknowledges that he shall not perform any services under this Agreement exceeding a total of nine hundred sixty (960) hours during any fiscal year (July 1 to June 30) inclusive of any hours worked during the same period for other CalPERS employers as a retired annuitant except as allowed under the Governor’s Executive Order N-12-21. Retired Annuitant shall record his hours on a pre-approved timesheet that shall be submitted to the City every month. The position is a temporary, hourly assignment which is generally not expected to exceed 40 hours per week. The City, through the City Administrator, will assign Retired Annuitant hours to work. Due to the nature of the position, it is understood that the workday and workweek hours may vary, however Retired Annuitant shall not work overtime (i.e. in excess of 40 hours per week) as payment of overtime is prohibited under Government Code Section 21221(h). There are no other benefits, incentives, compensation in lieu of benefits or other forms of compensation in addition to the hourly pay rate set forth in this Section. Section 4. Location The primary locations for services will be at the following addresses: Gilroy City Hall, 7351 Rosanna Street, Gilroy, California 95020 Section 5. Compliance with Laws This Agreement will be construed in accordance with and governed by the laws in the State of California. In the event that suit shall be brought by any of the parties, the parties agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or if federal jurisdiction is appropriate, exclusively in the United States District Court, Northern District of California, San Jose, 10.1.b Packet Pg. 150 Attachment: Exhibit A Employment Agreement Interim CD Director Jon Biggs 2.7.22 (3649 : Appointment of Interim Community Development California. Retired Annuitant shall comply with all applicable laws, rules, policies, and guidelines. Retired Annuitant agrees and acknowledges that the State of California and the governing body of the California Public Employees’ Retirement System enact strict laws, regulations and guidelines relating to services provided by “retired annuitants” to public agencies contracting with the California Public Employees’ Retirement System. Retired Annuitant agrees to comply with all applicable laws, regulations and guidelines relating to the services provided under this Agreement. Section 6. Termination This Agreement may be terminated by either party for convenience by providing written notice to the other party. Section 7. Miscellaneous a. Retired Annuitant has read each and every part of this Agreement and Retired Annuitant freely and voluntarily has entered into this Agreement. This Agreement is a negotiated document and shall not be interpreted for or against any party by reason of the fact that such party may have drafted this Agreement or any of its provisions. b. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjusted shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. c. This Agreement represents the entire and integrated agreement between City and Retired Annuitant and supersedes all prior negotiations, representations, or agreements, either written or oral. In witness where of the parties have duly affixed their signatures on this __ day of February, 2022. Employer: City of Gilroy Jimmy Forbis, City Administrator Retired Annuitant: Jon Biggs Approved as to Form: Andrew L. Faber, City Attorney 10.1.b Packet Pg. 151 Attachment: Exhibit A Employment Agreement Interim CD Director Jon Biggs 2.7.22 (3649 : Appointment of Interim Community Development Attest: Thai Nam Pham, City Clerk 10.1.b Packet Pg. 152 Attachment: Exhibit A Employment Agreement Interim CD Director Jon Biggs 2.7.22 (3649 : Appointment of Interim Community Development City of Gilroy STAFF REPORT Agenda Item Title: Adoption of a Resolution of the City Council of the City of Gilroy Rescinding Resolution No. 2021-17 and Adopting the Amended and Restated Flying Flags at City Facilities Policy Meeting Date: February 7, 2022 From: Jimmy Forbis, City Administrator Department: Administration Submitted By: Jimmy Forbis Prepared By: Jimmy Forbis Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Council adopt the resolution. BACKGROUND At the May 17, 2021 regular meeting of the Gilroy City Co uncil, Council adopted by resolution the City Facility Flag Flying Policy (Policy). The Policy provides that the City’s flag poles are for the display of the Flags of the United States and the State of California. It further states that the poles may also be used to fly the flags of the City of Gilroy, Sister Cities, and any Commemorative Flags as may be authorized by the City Council as an expression of the City’s official sentiments. Under the Policy, a Commemorative Flag means a flag that identifies with a specific date, historical event, cause, nation or group of people, whereby the City honors or commemorates the date, event, cause, nation or people by flying the flag. The current 10.2 Packet Pg. 153 policy requires Commemorative Flags to be approved by Council via an adopted resolution. The City has raised commemorative flags in the past, but concerns regarding the level of involvement, staff time, and cost were raised, as some flag flying requests include ceremonies and other levels of staff participation, whether in support of the event or just because of its presence on City property. At the June 21, 2021 regular City Council meeting, Council directed staff to return with information to facilitate a discussion on modifying the City’s Flag Flying policy. Staff returned to Council on September 20, 2021 with samples of other flag flying policies, as well as a list of potential recommendations. At the conclusion of that discussion, direction was provided by Council to staff to incorporate into a policy revision the following points: • The process for approving commemorative flags will be conducted by the City Council once per year. • There will be a required application that must be submitted for consideration with the flag request. • The applicant will be required to have 150 signatures of Gilroy residents that are 18 years old or older and shall be required to identify their address. • Staff will verify these addresses. • City staff time shall be limited to processing the application, purchasing of approved flags, raising and lowering the flag, and announcing the flag raising. • Only one flag may be flown at a time. • The policy will take effect the next calendar year (2022). • Staff is to address in the policy any needed waivers, and include anything that is missing or needs to be added. ANALYSIS The attached resolution and policy have incorporated the direction of the City Council as outlined above. The policy states that the 150 signatures must be from registered voters in Gilroy, to facilitate efficient signature verification. An application fee is proposed in the policy to cover the administrative costs for processing the application, which will be established and maintained through the regular user fee update process. In addition, the proposed policy addresses the period of time for applications to be considered each year, running from September 1 st through October 31st. This gives staff some time to validate signatures and review the applications in preparation for Council consideration each December. Approvals would be valid for the next calendar year only. 10.2 Packet Pg. 154 Each Commemorative Flag is required to re-apply each year to give equal opportunity if there are competing flags the same month annually. For those applicants that wish to host their own events for flag raising, the policy defers to permitting requirements for special events, encroachment, and facility rental, as may be deemed appropriate by the City for their specific event. The requirements for insurance, fees for staff time to review these permit requests, and conditions of approval will be handled through those established procedures. The Policy stipulates that just because a flag is approved for display does not mean that the event will be permitted. All conditions of any event permitting must be met to host such an event, the same as any other permit application. ALTERNATIVES Council may: 1. Reject the resolution adopting the policy amendment . Should Council reject the amending resolution the current policy will continue in effect until amendments are made, or the policy is rescinded. 2. Adopt the policy with revisions. Should Council determine to make changes, the Council may approve the resolution with the changes requested as part of an adopting motion. If there are changes to be made, staff would then incorporate the changes and implement the policy. FISCAL IMPACT/FUNDING SOURCE The fiscal impact will only be the cost of staff time for reviewing the application, flying the flags, reviewing signatures, and other administrative processing . The policy identifies that an application fee will be established to offset the cost impacts of the policy/program. A firm cost is not known, and will vary with each application cycle. The limited staff time is an opportunity cost for other work that staff assigned to administer this policy could be doing. The opportunity cost is expected to be minimal under the conditions of the proposed policy. CONCLUSION The revised policy meets the direction that Council provided to staff at the September 20, 2021 regular Council Meeting, and incorporates procedures intended to implement that direction. If approved, staff will begin creating the application documents pursuant to the Policy and initiate the first call for applications in the fall of 2022. NEXT STEPS If approved, staff will update community engagement messaging regarding the policy, publish revised website information and links to the policy, application document, and other components supporting the policy, as developed. 10.2 Packet Pg. 155 Attachments: 1. Resolution Amending the City of Gilroy Flag Flying Policy 2. Draft Amended and Restated City Flag Flying Policy 3. City of Gilroy Resolution 2021-17 Flag Policy (Original) 10.2 Packet Pg. 156 Resolution No. 2022-XX Page 1 of 3 February 7, 2022 RESOLUTION NO. 2022-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY RESCINDING RESOLUTION NO. 2021-17 AND ADOPTING THE AMENDED AND RESTATED FLYING FLAGS AT CITY FACILITIES POLICY WHEREAS, the City of Gilroy (“City”) displays and handles all flags in accordance with Federal and State Law; and WHEREAS, the City adopted a Policy for Flying Flags at City Facilities regarding the display of flags at City facilities via Resolution No. 2021-17 adopted on May 17, 2021; and WHEREAS, the policy established that the City’s flagpoles at City facilities are not intended to be a forum of free expression by the public but rather are used to express official views of the City Council of the City; and WHEREAS, said City facilities and flagpoles are under the exclusive control of the City and are not public forums for the free expression of the views of the public; and WHEREAS, the City wishes to amend the policy, requiring the rescinding of the previously adopted resolution and its policy version and replacement with the amended and restated policy attached as Exhibit A to this resolution. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Gilroy does hereby rescind Resolution No. 2021-17 and amend and replace the City of Gilroy Policy for Flying Flags at City Facilities with the amended and restated policy contained in Exhibit A attached hereto. 10.2.a Packet Pg. 157 Attachment: Resolution Amending the City of Gilroy Flag Flying Policy (3500 : Flag Flying Policy Revision) Resolution No. 2022-XX Page 2 of 3 February 7, 2022 PASSED AND ADOPTED this 7th day of February, 2022 by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: APPROVED: Marie Blankley, Mayor ATTEST: ___________________________ Thai Nam Pham, City Clerk 10.2.a Packet Pg. 158 Attachment: Resolution Amending the City of Gilroy Flag Flying Policy (3500 : Flag Flying Policy Revision) Resolution No. 2022-XX Page 3 of 3 February 7, 2022 EXHIBIT A 10.2.a Packet Pg. 159 Attachment: Resolution Amending the City of Gilroy Flag Flying Policy (3500 : Flag Flying Policy Revision) City of Gilroy Flying Flags at City Facilities Policy Amended and Restated October 18, 2021 Policy Effective February 8, 2022 10.2.b Packet Pg. 160 Attachment: Draft Amended and Restated City Flag Flying Policy (3500 : Flag Flying Policy Revision) City of Gilroy Flying Flags at City Facilities Policy Purpose To create a Council policy regarding the flying of flags at City Facilities, inclusive of the flags of the United States, the State of California, Sister Cities, and any Commemorative Flags as may be authorized by the City Council. Policy I. Definitions a. “Applicant” shall mean an individual, business, corporation, organization or other entity residing or based within the City Limits of the City of Gilroy who submits an application to display a Commemorative Flag pursuant to this policy. b. “Application Cycle” shall mean a period of time as outlined in this policy for Applicants to submit an application for a Commemorative Flag to be displayed during the subsequent calendar year. Complete applications compliant with the requirements of this policy submitted during the Application Cycle will be submitted to the City Council for consideration. c. “Commemorative Flag” shall mean a flag that identifies with a specific date, historical event, cause, nation, or group of people, whereby the City honors or commemorates the date, event, cause, nation , or group of people by flying the flag. d. “Sister City Flag” shall mean a flag of another city that is an officially designated Sister City to the City of Gilroy. II. General Policy a. It is the policy of the City of Gilroy that the City’s flag poles are not intended to serve as a forum for free expression by the public, but rather for the display of the Flags of the United States and the State of California. The flag poles located at all City facilities may also be used to display the flags of the City of Gilroy, any Sister City Flag, and any Commemorative Flag as may be authorized by the City Council as an expression of the City’s official sentiments. III. Flags of the United States and the State of California a. The Flag of the United States and the Flag of the State of California shall be displayed in conformance with the requirements as provided in Title 1, 10.2.b Packet Pg. 161 Attachment: Draft Amended and Restated City Flag Flying Policy (3500 : Flag Flying Policy Revision) City of Gilroy Flying Flags at City Facilities Policy Division 2, Chapter 3 of the California Government Code entitled “Display of Flags” b. The Flag of the United States shall further be displayed and handled in accordance with Title 4, Chapter 1 of the United States Code entitled “The Flag”; sometimes referred to as the United States Flag Code. Where the language of this code is mandatory, the City shall comply with the requirement. Where this code provides advisory language, the City shall follow the advisory language to the extent feasible. IV. Flags of the City of Gilroy and any Sister City Flag a. The Flag of the City of Gilroy, when displayed, shall be displayed in conformance with the requirements as provided in Title 1, Division 2, Chapter 3 of the California Government Code entitled “Display of Flags” b. Any Sister City Flags, when displayed, shall be flown in a manner subordinate to the requirements for the Flags of the United States and the State of California. Additionally, they shall be in the fourth position of honor, after the Flags of the United States, the State of California, and the City of Gilroy. V. Commemorative Flags a. Requirements for Requesting the City to Display a Commemorative Flag i. For an Applicant to request the display of a Commemorative Flag an application must be completed which shall require at a minimum the following: 1. The full name, physical address, phone number, electronic mail address, and other such contact information for the applicant as may be requested by the City. 2. The name and a full color image accurately depicting the Commemorative Flag. The image shall be of sufficient resolution and quality to allow quality production and purchase of the flag 3. A statement of explanation or purpose of the Commemorative Flag, including what the flag stands for; any local, national, or international affiliation; brief history; website address; and any other relevant information to be considered by the City Council. 4. The month in which the Commemorative Flag is requested to be displayed. 5. A minimum of 150 signatures from registered voters in Gilroy, each of whom having reached the age of 18 years or 10.2.b Packet Pg. 162 Attachment: Draft Amended and Restated City Flag Flying Policy (3500 : Flag Flying Policy Revision) City of Gilroy Flying Flags at City Facilities Policy greater and are successfully verified as meeting these requirements by the City through utility billing, property owner information, or other means that may be available to the City. If the City is unable to verify that one or more signatures meet these requirements through available means of the City, the applicant will be advised of the number of signatures deemed unverifiable and removed from the total count. 6. Whether the applicant intends to hold a ceremony or event for the flag raising, and verification of the applicant’s understanding regarding the requirement to obtain approvals and permits and pay fees to encroach upon or utilize any public right-of-way or City property for the event. 7. An application fee, the amount of which shall be determined and updated/maintained as part of the Master Fee Schedule. 8. Along with the application, the Applicant must provide to City staff for inspection the actual flag to be displayed, which must conform with specifications as provided by the City for size, shape, and structure. The flag must be in acceptable condition for display, determined at the sole discretion of the City. ii. The specific format of the application and submittal procedures shall be at the discretion of the City Administrator or their designee, so long as the requirements for Applicants as outlined in this policy are contained on the application. iii. The Application Cycle shall open the first day of September (September 1st) each year and shall close at the end of business on the thirty-first day of October (October 31st) each year. Whenever either of these dates fall on a non-business day for the City, the deadlines shall move to the following business day for the City. b. Commemorative Flag Approval Process i. Applications that are complete and compliant with this policy shall be presented to the City Council for consideration during a City Council meeting held before the end of December each year, after the close of the Application Cycle. ii. Council, in its sole discretion, shall consider the applications, and render a decision to approve which, if any, Commemorative Flags are approved for display. iii. The following requirements regarding approval of displaying Commemorative Flags shall be considered in determining which Commemorative Flags be approved for display: 10.2.b Packet Pg. 163 Attachment: Draft Amended and Restated City Flag Flying Policy (3500 : Flag Flying Policy Revision) City of Gilroy Flying Flags at City Facilities Policy 1. Only one flag may be displayed at a time. 2. Each flag shall be displayed only for one calendar month, beginning with the first day of the month and ending on the last day of the month. 3. Approval shall only be valid for one calendar year. A new application must be filed for any succeeding years, even for flags that have been approved for prior years. This is to allow open and equal opportunities for competing Commemorative Flags that may typically be displayed during the same month each year. 4. Commemorative flags cannot contain messaging or content of the following nature: (a) promoting or opposing a political party, candidate, campaign, or political organization; (b): religious, commercial, racial or other discriminatory themes/speech, adult or sexually explicit, lewd, or obscene themes or materials; illegal activity; drug or alcohol themes or materials. Flag applications that contain these or reasonably related material shall not be considered. iv. Approval shall be completed via a resolution adopted by the City Council identifying the list of which Commemorative Flags were approved, and for which month. c. Displaying of Commemorative Flags i. The City’s involvement in the displaying of Commemorative Flags shall be limited to only the following: 1. Raising of the Commemorative Flag in the earlier part of the morning of the first day of the month. 2. Lowering of the Commemorative Flag in the late afternoon on the last day of the month. 3. Announce the flag raising on the City’s social media and electronic newsletter(s). 4. Where the first or last day of the month lands on a weekend or observed City holiday, and City staff cannot raise or lower the flag on the exact day of either the beginning and/or end of the month, the lowering of the previous month’s flag will occur in the morning of the next business day, at the same time as the raising of the next month’s flag. d. Commemorative Flag Events i. Should an Applicant wish to host a ceremonial event, the applicant must file an application requesting an encroachment permit, special event permit, and/or a facility rental to have the event. The specific 10.2.b Packet Pg. 164 Attachment: Draft Amended and Restated City Flag Flying Policy (3500 : Flag Flying Policy Revision) City of Gilroy Flying Flags at City Facilities Policy permits needed will depend upon the nature of the event and shall be at the discretion of the City. The Applicant will be required to pay the full application and permit fees for each permit that is required. ii. The application document shall contain language to advise the Applicant: 1. To contact the Community Development Department to inquire about which permits may be required based on the type of event they would like to host. 2. Information about the required deadlines to submit applications, and lead-times between when a permit application is submitted and when an approval or rejection decision is made. 3. That such events are not approved unless and until an official approval of all required permits is granted. 4. The application fees that must be paid by the applicant. iii. The normal fees, insurance requirements, attestations and permit requirements will be required to host the event, and that approval is not guaranteed because of the flag being raised, lowered, or displayed. iv. All conditions of approval in each permit, as required, must be followed for the event to be held. 10.2.b Packet Pg. 165 Attachment: Draft Amended and Restated City Flag Flying Policy (3500 : Flag Flying Policy Revision) 10.2.c Packet Pg. 166 Attachment: City of Gilroy Resolution 2021-17 Flag Policy (Original) (3500 : Flag Flying Policy Revision) 10.2.c Packet Pg. 167 Attachment: City of Gilroy Resolution 2021-17 Flag Policy (Original) (3500 : Flag Flying Policy Revision) 10.2.c Packet Pg. 168 Attachment: City of Gilroy Resolution 2021-17 Flag Policy (Original) (3500 : Flag Flying Policy Revision) 10.2.c Packet Pg. 169 Attachment: City of Gilroy Resolution 2021-17 Flag Policy (Original) (3500 : Flag Flying Policy Revision) City of Gilroy STAFF REPORT Agenda Item Title: Resolution to Approve 4-hour Limited-Term Parking at San Ysidro Park Meeting Date: February 7, 2022 From: Jimmy Forbis, City Administrator Department: Public Works Department Submitted By: Daryl Jordan Prepared By: Gary Heap Gary Heap Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Approval of a Resolution to Approve 4-hour Limited-Term Parking Along the Murray Avenue and Lewis Street Frontage of San Ysidro Park BACKGROUND City staff has worked closely with neighbors of San Ysidro Park to develop effective traffic and park safety measures to improve the quality of life for residents. One of the concerns is regarding the residential over-flow parking that is utilizing the on-street parking along the San Ysidro Park frontage. This restricts the opportunity for park users to use this parking during the day. At the July 13, 2021 Park and Recreation Commission meeting, representatives from San Ysidro Nueva Vida (SYNV), a Gilroy-based neighborhood organization, presented information about the traffic safety concerns at San Ysidro Park and limited parking 10.3 Packet Pg. 170 availability on Murray Avenue and Lewis Street. The Commission requested staff to follow-up on these neighborhood concerns. In August, staff assessed the area and determined that the parking issue could be solved by installing time-restricted signage that would not allow adjacent residents to park long-term along the park frontage. On August 27, SYNV held their monthly community meeting, where City staff shared the staff recommendation for 4-hour limited on-street parking. Most attendees were in favor of the recommendation to institute 4 - hour parking limits for the on-street parking along the park frontage. ANALYSIS Section 15.69 of the Gilroy Municipal Code requires a resolution from City Council to install signs to regulate on-street parking times. The limit of parking time, the days and hours during which parking time limits shall apply and the days and hours during which parking shall be prohibited on public streets, highways and alleys in the city shall be established by resolution of the city council. When appropriate signs or curb markings designating such parking time limits are in place giving notice thereof, it shall be unlawful for the operator of any vehicle to st op, stand or park such vehicle on any public street, highway and alley in the city for longer than the permitted time or at a prohibited time. (Ord. No. 480, §§ 59, 60; Ord. No. 507, § 1; Ord. No. 513, § 1; Ord. No. 524, § 1; Ord. No. 586, § 1; Ord. No. 670, § 1; Ord. No. 687, §§ 1, 2; Ord. No. 712, § 1; Ord. No. 718, §§ 1, 2; Ord. No. 983, § 1, 10-4-71; Ord. No. 75-20, § 2, 11-3-75) Staff recommends the City Council approve the resolution to restrict the on -street parking along the Murray Avenue and Lewis Street frontages of San Ysidro Park to 4- hours between the hours of 7:00am – 11:00pm, and direct the City Administrator to install the signs. These time limits will still allow the adjacent residents to use the parking at night when the park is closed. The Police Department has been consulted on the installation of these 4-hour limited term parking signs and has agreed to provide enforcement once installed. ALTERNATIVES The City Council can decide not to approve the installation of 4-hour parking signs along San Ysidro Park and allow the residen ts in the area to continue to use the parking long- term. FISCAL IMPACT/FUNDING SOURCE The cost to purchase and install the 4 -hour parking signs is approximately $2,000. There is adequate funding to pay for these sig ns from the Street Operation’s Budget (100-2430). PUBLIC OUTREACH 10.3 Packet Pg. 171 Once approved, staff will mail letters to the adjacent residential properties notifying them of the 4-hour parking time limit change and install the signs. Attachments: 1. Resolution - San Ysidro Park Time Limited Parking 10.3 Packet Pg. 172 RESOLUTION NO. 2022-XX RESOLUTION NO. 2022-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY TO APPPROVE 4-HOUR LIMITED- TERM PARKING ALONG THE MURRAY AVENUE AND LEWIS STREET FRONTAGES OF SAN YSIDRO PARK WHEREAS, City staff has worked closely with neighbors of San Ysidro Park to develop effective traffic and park safety measures to improve the quality of life for residents; and WHEREAS, one of the concerns is regarding the residential over-flow parking that is utilizing the on-street parking along the San Ysidro Park frontage which restricts the ability of park users to use this parking; and WHEREAS, City staff has worked with representatives from San Ysidro Nueva Vida (SYNV), and the surrounding community, to determine that the installation of 4-hour limited-term parking would remedy this on-street parking issue; and WHEREAS, Section 15.69 of the Gilroy Municipal Code requires a resolution from City Council to install signs to regulate on-street parking times. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council, at its meeting of February 7, 2022, has approved and directed the City Administrator to install 4-hour time-limited parking signs, between the hours of 7:00am and 11:00pm along the Murray Avenue and Lewis Street frontages of San Ysidro Park. PASSED AND ADOPTED this 7th day of February, 2022 by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 10.3.a Packet Pg. 173 Attachment: Resolution - San Ysidro Park Time Limited Parking [Revision 3] (3637 : Resolution to Approve 4-hour Limited-Term Parking at San RESOLUTION NO. 2022-XX APPROVED: Marie Blankley, Mayor ATTEST: ___________________________________ Thai Pham, City Clerk 10.3.a Packet Pg. 174 Attachment: Resolution - San Ysidro Park Time Limited Parking [Revision 3] (3637 : Resolution to Approve 4-hour Limited-Term Parking at San