2022 Impartial Analysis Charter Amendment Ballot MeasureCITY ATTORNEY’S IMPARTIAL ANALYSIS OF MEASURE D
The Charter of the City of Gilroy, which was adopted in 1960, contains provisions
regulating the advertising and award of contracts for public projects, which are defined in the
Charter as “construction or improvement of public buildings, works, drains, sewers, utilities,
parks and streets (exclusive of projects for maintenance and repair of streets).” If passed by a
majority vote, this Measure would amend the Charter in three respects to update its provisions
regarding contracting for public projects.
First, the Measure would amend the threshold amount set in the Charter over which the
City must go through a formal bidding process for a public project. The current threshold for
formal contract bids is $35,000. The Measure would tie the threshold to an amount set by the
California Public Contract Code, currently $200,000.
Second, the Measure would allow (but not require) the City to use two additional
methods for awarding contracts for public projects. One method is Best Value Contracting. The
current Charter language generally limits the City to awarding a public project to the low bidder;
however, using Best Value Contracting the City could consider the bidders’ experience and
qualifications in addition to price.
The second new procurement method, for projects over $1,000,000, is called Design-
Build. This entails contracting with a single entity to manage both the design and construction
for a public project, unlike the standard process which requires design and construction contracts
to be awarded separately. The City could award a Design-Build contract only if the City Council
follows procedures set forth in state law and makes a finding that the contract would save money
or result in faster project completion.
Third, the Measure would amend the Charter’s requirements for providing notice of
public projects to potential bidders. The Charter currently requires notice to be published in a
newspaper of general circulation. This Measure would allow three other methods of public
notice, in addition to publication in a newspaper of general circulation if available: notices could
be published electronically, in a trade journal, or to a list of qualified contractors. Finally, the
Measure would update the definition of “newspaper of general circulation” and no longer require
that the City’s official advertising be published in a newspaper printed daily.
The Measure was placed on the ballot by the City Council. The above statement is an
impartial analysis of Measure D. If you desire a copy of the Measure, please call the elections
official’s office at (408) 846-0204 and a copy will be mailed at no cost to you.
/s/ Andy Faber
City Attorney
City of Gilroy