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10/03/2022 City Council Regular Agenda Packet September 30, 2022 12:00 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 CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET GILROY, CA 95020 REGULAR MEETING 6:00 P.M. MONDAY, OCTOBER 3, 2022 CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING Due to COVID-19, it is possible that the planned in-person meeting may have to change to a virtual meeting at any time and possibly on short notice. Please check the City of Gilroy website at http://gilroyca.iqm2.com/Citizens/default.aspx for any updates to meeting information. COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker. Please limit your comments to 3 minutes. The amount of time allowed per speaker may vary at the Mayor’s discretion depending on the number of speakers and length of the agenda. Written comments on any agenda item may be emailed to the City Clerk’s Office at 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, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at least 72 hours prior to the meeting at (408) 846-0204 or cityclerk@cityofgilroy.org to help ensure that reasonable arrangements can be made. If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial revi ew of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure. City Council Regular Meeting Agenda 10/3/2022 Page2 A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City. Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available with the agenda packet on the City website at www.cityofgilroy.org subject to Staff’s ability to post the documents before the meeting. KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, task forces, councils and other agencies of the City exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846-0204 If you need assistance with translation and would like to speak during public comment, please contact the City Clerk a minimum of 72 hours prior to the meeting at 408-846-0204 or e-mail the City Clerk’s Office at cityclerk@cityofgilroy.org. Si necesita un intérprete durante la junta y gustaría dar un comentario público, comuníquese con el Secretario de la Ciudad un mínimo de 72 horas antes de la junta al 408-846-0204 o envíe un correo electrónico a la Oficina del Secretario de la Ciudad a cityclerk@cityofgilroy.org. The agenda for this regular meeting is as follows: 1. OPENING 1.1. Call to Order 1. Pledge of Allegiance 2. Invocation 3. City Clerk's Report on Posting the Agenda 4. Roll Call 1.2. Orders of the Day 1.3. Employee Introductions 2. CEREMONIAL ITEMS 2.1. Proclamations, Awards, and Presentations City Council Regular Meeting Agenda 10/3/2022 Page3 3. PRESENTATIONS TO THE COUNCIL 3.1. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL This portion of the meeting is reserved for persons desiring to address the Council on matters within the Gilroy City Council’s jurisdiction but not on the agenda. Person s wishing to address the Council are requested to complete a Speaker’s Card located at the entrances and handed to the City Clerk. Speakers are limited to 1 to 3 minutes each, varying at the Mayor’s discretion depending on the number of speakers and length of the agenda. The law does not permit Council action or extended discussion of any item not on the agenda except under special circumstances. If Council action is requested, the Council may place the matter on a future agenda. Written comments to address the Council on matters not on this agenda may be e - mailed to the City Clerk’s Office at 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. 4. REPORTS OF COUNCIL MEMBERS Council Member Bracco – Gilroy Sister Cities Association (alternate), Santa Clara Co. Library JPA, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Regional Wastewater Authority Board, Street Naming Committee Council Member Armendariz – ABAG (Alternate), CalTrain Policy Group, Gilroy Downtown Business Association Board (alternate), Gourmet Alley Ad Hoc Committee, Historic Heritage Committee, Santa Clara Co. Library JPA (alternate), Santa Clara Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy Authority JPA Board (Alternate), Street Naming Committee, VTA Committee for Transit Accessibility (Alternate) Council Member Marques – Gilroy Downtown Business Association Board, Gilroy Gardens Board of Directors, Gourmet Alley Ad Hoc Committee, Historic Heritage Committee (Alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, South County Regional Wastewater Authority (Alternate) 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 City Council Regular Meeting Agenda 10/3/2022 Page4 Council Member Tovar – Economic Development Corporation Board, Gourmet Alley Ad Hoc Committee, Recycling and Waste Reduction Commission, Santa Clara Co. Expressway Plan 2040 Policy Advisory Board, SCVWD Water Commission (alternate), South County Joint Recycled Water Advisory Committee, South County Regional Wastewater Authority Board, Street Naming Committee, South County Youth Task Force Policy Team (alternate), VTA Committee for Transit Accessibility Council Member Leroe-Muñoz – ABAG, CalTrain Policy Group (alternate), Cities Association of Santa Clara County Board of Directors, Economic Development Corporation Board, Gilroy Youth Task Force, SCVWD Water Commission, Silicon Valley Regional Interoperability Authority Board, South County Youth Task Force Policy Team, VTA Mobility Partnership, VTA South County City Group (alternate), VTA Policy Advisory Committee (alternate) Mayor Blankley – Cities Association of Santa Clara Co. Board of Directors (alternate), Gilroy Economic Development Partnership, Gilroy Sister Cities Association, Gilroy Youth Task Force (alternate), Santa Clara Valley Habitat Agency Governing Board, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Joint Recycled Water Advisory Committee, South County Regional Wastewater Authority Board, VTA Board of Directors Alternate, VTA Mobility Partnership, VTA Policy Advisory Committee, VTA South County City Group 5. COUNCIL CORRESPONDENCE 6. FUTURE COUNCIL INITIATED AGENDA ITEMS 7. CONSENT CALENDAR (ROLL CALL VOTE) All matters listed under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of the City Council or a member of the public. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears. 7.1. Action Minutes of the City Council - Regular Meeting - Sep 19, 2022 6:00 PM 7.2. Appointment to One Seat on the Santa Clara Valley Transportation Authority Bicycle Pedestrian Advisory Committee for a Term Ending June 30, 2024 7.3. Acceptance of the 2022 Prepare CA Jumpstart California Office of Emergency Services Grant and Amendment of the Position Control List and Operating Budget for Fiscal Year 2022-23 to Implement the Grant Award 7.4. Approval of Final Map and Property Improvement Agreement No. 2022-03 for The Cottages Development Tract 10582, APN 790-002, 003 City Council Regular Meeting Agenda 10/3/2022 Page5 8. BIDS AND PROPOSALS 8.1. Award a Contract to Syserco Energy Solutions in the amount of $3,685,718 for Energy Conservation Measures Reimbursable under Pacific Gas & Electric's (PG&E) On-Bill Financing Program 1. Staff Report: Walter Dunckel, Facilities Superintendent 2. Public Comment 3. Possible Action: 1. Adopt a resolution of the City Council of the City of G ilroy amending the FY 23 budget to appropriate $3,685,718 for the Energy Conservation Measures project. 2. Award an Energy Services Contract in the amount of $3,685,718 to Syserco Energy Solutions for Energy Conservation Measures, pursuant to California Government Code Section 4217.16, which will be fully reimbursed by PG&E under their On-Bill Financing Program. 3. Authorize the City Administrator to enter into an On -Bill Financing and Reimbursement Agreement with PG&E in the amount of $3,685,718. 4. Authorize the City Administrator to finalize and execute the related contract documents and approve any future change orders and items within the approved project budget. 9. PUBLIC HEARINGS 9.1. Solar Power Purchase and Site Lease Agreement with Jua Capital, LLC 1. Disclosure of Ex-Parte Communications 2. Staff Report: Walter Dunckel, Facilities Superintendent 3. Open Public Hearing 4. Close Public Hearing 5. Possible Action: 1. Hold a public hearing pursuant to California Government Code Section 4217.12. 2. Adopt a Resolution to enter into a Power Purchase Agreement (PPA) and Site Lease with Jua Capital, LLC pursuant to California Government Code Section 4217.12 making findings that the costs will be less than what the City will pay in the absence of the project. 3. Authorize the City Administrator or his designee to complete final negotiations and execute a Power Purchase Agreement and Site Lease Agreement with Jua Capital, LLC. City Council Regular Meeting Agenda 10/3/2022 Page6 10. UNFINISHED BUSINESS 10.1. Appointments to Parks and Recreation Commission and Youth Commission. 1. Staff Report: Thai Pham, City Clerk 2. Public Comment 3. Possible Action: 1. Appoint a member of the Parks and Recreation Committee to a vacated seat with a term ending December 31, 2022. 2. Appoint members of the Youth Commission to six (6) seats with a term ending September 30, 2024. 11. INTRODUCTION OF NEW BUSINESS 11.1. Council Initiated Discussion of Requesting the Resignation of Council Member Armendariz if the Recall Petition Qualifies for the Ballot 1. Staff Report: Marie Blankley, Mayor 2. Public Comment 3. Possible Action: 1. Direct the Mayor to prepare a formal request for resignation should the recall petition qualify for the ballot; or 2. Take no action. 11.2. Second Amendment to the Contract with NRC Environmental (US Ecology) Increasing the Not-to-Exceed Amount by $30,000 for Unhoused Encampment Cleanup Services, to a Total of $130,000. 1. Staff Report: Bryce Atkins, Senior Management Analyst 2. Public Comment 3. Possible Action: Council approve the contract amendment. 11.3. Fiscal Year 2022-23 1st Quarter Department and Legislative Work Plan Update 1. Staff Report: Bryce Atkins, Senior Management Analyst 2. Public Comment 3. Possible Action: Council receive the report. City Council Regular Meeting Agenda 10/3/2022 Page7 11.4. Council Review of City Code Chapter 19B Entitled "Smoking Pollution Control" 1. Staff Report: Bryce Atkins, Senior Management Analyst 2. Public Comment 3. Possible Action: Council provide direction to staff if it desires to modify Chapter 19B of the City Code relating to Smoking Pollution Control. 12. CITY ADMINISTRATOR'S REPORTS 13. CITY ATTORNEY'S REPORTS 14. CLOSED SESSION 14.1. CONFERENCE WITH LABOR NEGOTIATORS - COLLECTIVE BARGAINING UNITS Pursuant to GC Section 54957.6 and GCC Section 17A.11 (4) Collective Bargaining Units: AFSCME Local 101 (General & Supervisory Units) Representing Employees Affiliated with AFSCME, Local 101; Local 2805, IAFF Fire Unit Representing Gilroy Firefighters; Gilroy Management Association Representing Mid-Management Employees; Unrepresented Exempt Employees (Confidential, Department Heads & Council-Appointed); Unrepresented Confidential Non-Exempt Employees City Negotiators: Jimmy Forbis, City Administrator; LeeAnn McPhillips, Administrative Services & Human Resources Director/Risk Manager Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandums of Understanding: City of Gilroy and Gilroy Fire Fighters Local 2805, City of Gilroy and AFSCME, Local 101 General & Supervisory Units; City of Gilroy and Gilroy Management Association (GMA) 1. Receive Public Comment on Closed Session Item. 15. ADJOURN TO OPEN SESSION Report of any action taken in Closed Session and vote or abstention of each Councilmember if required by Government Code Section 54957.1 and GCC Section 17A.13 (a); Public Report of the vote to continue in closed session if required under GCC Section 17A.11 (e) City Council Regular Meeting Agenda 10/3/2022 Page8 16. ADJOURNMENT FUTURE MEETING DATES OCTOBER 2022 17* Regular Meeting - 6:00 p.m. 24* Special Study Session Meeting - 6:00 p.m. NOVEMBER 2022 7* Regular Meeting - 6:00 p.m. 21* Regular Meeting - 6:00 p.m. DECEMBER 2022 5* Regular Meeting - 6:00 p.m. 19* Regular Meeting - 6:00 p.m. *Meeting is webstreamed 3.1.1 Packet Pg. 9 Communication: Public Correspondence - Xavier Garcia (PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA City Council Regular Meeting Minutes September 19, 2022 Page 1 of 5 City of Gilroy City Council Meeting Minutes September 19, 2022 1. OPENING 1.1. Call to Order The meeting was called to order at 6:00 PM by Mayor Marie Blankley. 1. Pledge of Allegiance Council Member Leroe-Muñoz led the Pledge of Allegiance. 2. Invocation Invocation was led by Pastor Bill Hawkins from New Hope Community Church. 3. City Clerk's Report on Posting the Agenda City Clerk Pham declared the posting of the agenda. Attendee Name Title Status Marie Blankley Mayor Present Rebeca Armendariz Council Member Present Dion Bracco Council Member Present Zach Hilton Council Member Present Peter Leroe-Muñoz Vice Mayor Present Carol Marques Council Member Present Fred Tovar Council Member Present 1.2. Orders of the Day There were none. 1.3. Employee Introductions There were none. 2. CEREMONIAL ITEMS 2.1. Proclamations, Awards, and Presentations There were none. 3. BOARD AND COMMISSION INTERVIEWS 3.1. Interviews for Open Seats on Boards, Commissions and Committees with Terms Expired or Vacant as of Septe mber 12, 2022 for Future Appointment October 3, 2022 The Council conducted Commission Interview with the applicants. 7.1 Packet Pg. 10 Minutes Acceptance: Minutes of Sep 19, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE)) City Council Regular Meeting Minutes September 19, 2022 Page 2 of 5 4. PRESENTATIONS TO THE COUNCIL 4.1. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL The following individuals spoke on items that were not on the agenda: Ron Kirkish discussed an issue the Gilroy Dispatch wrote about the Democratic Party pulling support for Council Member Tovar. Cheryl Parks read aloud a letter from Jeanne Gage about Council Member Tovar. There being no further speakers, Mayor Blankley closed Public Comment. 5. REPORTS OF COUNCIL MEMBERS Council Member Bracco addressed an issue at the last City Council Meeting. Council Member Armendáriz had no report. Council Member Marques reported on Santa Clara Valley Habitat Agency Implementation Board. Council Member Hilton reported on Visit Gilroy California Welcome Center Board. Council Member Tovar had no report. Council Member Leroe-Muñoz reported on VTA Mobility Partnership and Cities Association of Santa Clara County Board of Directors. Mayor Blankley reported on VTA Mobility Partnership. 6. COUNCIL CORRESPONDENCE There were none. 7. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Blankley requested Council to agendize at the next Council Meeting a request of resignation should the recall petition qualify by its deadline and before the public faces the cost of the special election that could have been avoided. The item received majority support. 8. CONSENT CALENDAR (ROLL CALL VOTE) Council Member Armendariz requested to pull item 8.5 from Consent Calendar. Mayor Blankley opened public comment. There being no speakers, Mayor Blankley closed public comment. RESULT: APPROVE ITEMS AGENDA ITEMS 8.1 – 8.4 [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Vice Mayor SECONDER: Dion Bracco, Council Member AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar 8.1. City Council - Regular Meeting - Sep 12, 2022 6:00 PM 7.1 Packet Pg. 11 Minutes Acceptance: Minutes of Sep 19, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE)) City Council Regular Meeting Minutes September 19, 2022 Page 3 of 5 A motion was made to approve the minutes. 8.2. A Resolution Proclaiming September 15 through October 15, 2022 as National Hispanic Heritage Month A motion was made to adopt the resolution. Enactment No.: Resolution No. 2022-71 8.3. Accept and File Quarterly Cash and Investment Report as of June 30, 2022 A motion was made to accept the report. 8.4. Approval of Public Art Sculpture Proposed for the Tenth and Chestnut Commercial Project A motion was made to approve the public art sculpture. 8.5. Second Amendment to Agreement for Services with Allied Universal for After-Hours Park Security Patrol Services To Increase Existing Agreement by $42,480. Staff responded to Council Member Armendáriz’s questions. A motion was made by Council Member Bracco and seconded by Council Member Armendáriz to approve the second amendment agreement for services with Allied Universal. The motion was carried by the following vote: RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Rebeca Armendariz, Council Member AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar 9. BIDS AND PROPOSALS There were none. 10. PUBLIC HEARINGS There were none. 11. UNFINISHED BUSINESS There were none. 12. INTRODUCTION OF NEW BUSINESS 12.1. Receive Preliminary FY22 Year-End Financial Report and Adopt Resolution Authorizing Mid-Cycle Budget Adjustments and Updating Position Control List City Administrator Forbis provided a brief presentation prior to Finance Director Sangha providing a staff presentation and responding to Council Member questions. Mayor Blankley opened public comment. 7.1 Packet Pg. 12 Minutes Acceptance: Minutes of Sep 19, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE)) City Council Regular Meeting Minutes September 19, 2022 Page 4 of 5 There being no speakers, Mayor Blankley closed public comment. Possible Action: 1. Receive preliminary Fiscal Year 2022 (FY22) year-end report. 2. Approve $250,000 to be transferred to the Section 115 Pension Trust, pursuant to the Pension Funding Policy. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Peter Leroe-Muñoz, Vice Mayor AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar 3. Adopt a resolution approving the updated Position Control List. Enactment No.: Resolution No. 2022-72 RESULT: APPROVE [UNANIMOUS] MOVER: Carol Marques, Council Member SECONDER: Dion Bracco, Council Member AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar 4. Adopt a resolution authorizing recommended mid-cycle budget adjustments. Enactment No.: Resolution No. 2022-73 RESULT: APPROVE [UNANIMOUS] MOVER: Carol Marques, Council Member SECONDER: Rebeca Armendariz, Council Member AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar 12.2. Consideration of Adding Cesar Chavez Day (March 31) as a City of Gilroy Observed Holiday HR Director McPhillips provided staff presentation and responded to Council Member questions. Mayor Blankley opened public comment. There being no speakers, Mayor Blankley closed public comment. Council Member Tovar asked Council to move the item forward for staff to proceed to take the next steps to add Cesar Chavez Holiday as a City observed holiday. The item received unanimous support. 13. CITY ADMINISTRATOR'S REPORTS 13.1. City Hall HVAC Replacement Update City Administrator Forbis provided a brief report and responded to Council Member questions. 13.2. Street Maintenance Project Update 7.1 Packet Pg. 13 Minutes Acceptance: Minutes of Sep 19, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE)) City Council Regular Meeting Minutes September 19, 2022 Page 5 of 5 City Administrator Forbis provided a brief report and responded to Council Member questions. 13.3. 10th/Chestnut Project Update City Administrator Forbis provided a brief report and responded to Counc il Member questions. 13.4. Police Records Management System Implementation City Administrator Forbis provided a brief report and responded to Council Member questions. 13.5. City-wide Justice, Equity, Diversity, Inclusion Program Update City Administrator Forbis provided a brief report and responded to Council Member questions. 14. CITY ATTORNEY'S REPORTS City Attorney Faber reported on the rebuilding of the Cities Association of Santa Clara County and responded to Council Member questions. 15. CLOSED SESSION Mayor Blankley opened Public Comment. There being no further speakers, Mayor Blankley closed Public Comment. A motion was made by Mayor Blankley to go into Closed Session. The vote was unanimous. Mayor Blankley adjourned Regular Meeting to Closed Session at 7:29 p.m. The City Council convened in Closed Session at 7:35 p.m. The Council voted to stay in closed session was unanimous. 15.1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.11 (2); Employee Name/Title: Andy Faber, City Attorney No reportable action. 16. ADJOURN TO OPEN SESSION Mayor Blankley reported out of Closed Session as shown above. 17. ADJOURNMENT The meeting was adjourned at 8:42 PM by Mayor Blankley. I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Gilroy. /s/ Thai Pham, CMC, CPMC City Clerk 7.1 Packet Pg. 14 Minutes Acceptance: Minutes of Sep 19, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE)) City of Gilroy STAFF REPORT Agenda Item Title: Appointment to One Seat on the Santa Clara Valley Transportation Authority Bicycle Pedestrian Advisory Committee for a Term Ending June 30, 2024 Meeting Date: October 3, 2022 From: Jimmy Forbis, City Administrator Department: City Clerk Submitted By: Thai Pham, City Clerk Prepared By: Thai Pham, City Clerk Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Appoint a Gilroy representative to the VTA Bicycle Pedestrian Advisory Committee for an unexpired term ending July 1, 2024. BACKGROUND The Santa Clara Valley Transportation Authority (VTA) is seeking a Gilroy member representative to serve on the VTA Bicycle Pedestrian Advisory Committee for a 2-year term, ending June 30, 2024, as the currently seated representative’s term expired July 1, 2022. On September 20, 2022, The Gilroy Parks and Recreation Commission 7.2 Packet Pg. 15 interviewed one (1) candidate and recommended Eugene Bernosky for appointment to the Valley Transportation Agency Bicycle Pedestrian Advisory Committee. CONCLUSION Staff requests that the Council consider the recommendation of the Parks and Recreation Commission and appoint him to fill this seat. Attachments: 1. VTA BPAC Application - Eugene Bernosky 7.2 Packet Pg. 16 CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. From:Adam Henig To:City Clerk; Christina Ruiz Subject:VTA"s Bicycle & Pedestrian Advisory Committee (BPAC) Date:Friday, September 23, 2022 2:02:30 PM Hi Thai and Christina, On September 20, the Parks & Recreation Commission passed a motion 6-0-0 to recommend Eugene Bernosky to serve as the Gilroy representative for the Valley Transportation Authority Bicycle & Pedestrian Advisory Committee. Adam From: noreply@civicplus.com <noreply@civicplus.com> Sent: Tuesday, July 26, 2022 9:34 AM To: City Clerk <CityClerk@cityofgilroy.org>; Adam Henig <Adam.Henig@ci.gilroy.ca.us> Subject: EXTERNAL - Online Form Submittal: City of Gilroy Application for VTA's Bicycle & Pedestrian Advisory Committee (BPAC) City of Gilroy Application for VTA's Bicycle & Pedestrian Advisory Committee (BPAC) City of Gilroy Application for VTA's Bicycle & Pedestrian Advisory Committee (BPAC) * All applications are a public record. This is a Two (2) year term (7/1/22-6/30-24) Must be a Gilroy resident within City Limits The BPAC is a 16-member committee that advises VTA’s Board of Directors on planning and funding issues for bicycle and pedestrian projects in the county. Interest in cycling and/or pedestrian activities and policy. Position represents City of Gilroy First Name Eugene 7.2.a Packet Pg. 17 Attachment: VTA BPAC Application - Eugene Bernosky (3868 : VTA BPC Appointment) Last Name Bernosky Are you a resident within the City limits? Yes Physical Address 1 City, State, Zip Gilroy Phone Number E-mail Address Alternate Phone Number Field not completed. List your qualifications for this appointment: Advocate for Silicon Valley Bicycle Coalition. Coordinate and manage Silicon Valley Bicycle Coalition activities south of San Jose in Santa Clara county. Familiar with bike and pedestrian policy matters. Experienced board member and organization leader in the private sector. Work well in an advisory capacity. Experienced mentor and coach for safe cycling for transportation and recreation. Practice what I preach - lifelong cyclist for transportation and recreation. Understanding of the complexities and timelines required to make communities more safe and friendly for pedestrians and cyclings. It's a marathon. List any service to the community including any prior appointments. Service to Silicon Valley Bicycle Coalition. Event organizer and leadership - Gilroy Ride to Work / Ride to Anywhere events in 2021 and 2022. Creator, organizer and promoter of the Gilroy RIde the Gardens event in 2021 and 2022. Participation in Bike Match Program - Gilroy and Morgan Hill Manage bicycle rehabilitation activities in conjunction with Bike Match Program. What are you goals while serving on this committee? Helping Gilroy become best possible community to get around by foot and bicycle. Staying advised on all VTA and county initiatives for related topics and keeping Gilroy residents, officials and city management informed. Representing Gilroy residents and officials in an important committee and doing my best to insure our City's concerns are represented. Doing all I can to help Gilroy develop its pedestrian and cycling infrastructure within the context of the VTA county transportation scope. 7.2.a Packet Pg. 18 Attachment: VTA BPAC Application - Eugene Bernosky (3868 : VTA BPC Appointment) Why are you the most qualified to serve on this committee? I do not know that I am. But I have the organization and collaborative skills, experience and domain knowledge to be an effective and productive committee member. I have a passion for making spaces safe and adaptive to pedestrian and cycling as transportation and recreation. Our city's interests will be well represented by my participation. Declaration of Residency I Understand Email not displaying correctly? View it in your browser. 7.2.a Packet Pg. 19 Attachment: VTA BPAC Application - Eugene Bernosky (3868 : VTA BPC Appointment) City of Gilroy STAFF REPORT Agenda Item Title: Acceptance of the 2022 Prepare CA Jumpstart California Office of Emergency Services Grant and Amendment of the Position Control List and Operating Budget for Fiscal Year 2022-23 to Implement the Grant Award Meeting Date: October 3, 2022 From: Jimmy Forbis, City Administrator Department: Administration Submitted By: Jimmy Forbis, City Administrator Prepared By: Andrew Young, Emergency Services and Volunteer Coordinator 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) Adopt a resolution to authorize acceptance of grant funds from the California Office of Emergency Services and designating authorized signers; b) Adopt a resolution of the City Council of the City of Gilroy amending the Fiscal Year 2022-2023 Operating Budget; and, c) Adopt a resolution of the City Council of the City of Gilroy amending the Position Control List. 7.3 Packet Pg. 20 BACKGROUND The PrepareCA Jumpstart Grant from the California Office of Emergency Services (Cal OES) intends to enhance whole community resilience and hazard mitigation capacity. This is the first grant of its kind allocating $15 million total ($1 million cap for each application) in state funding to eligible communities for resilience planning and activities through a competitive process. The PrepareCA Initiative is aimed at reducing long-term risks from natural disasters by investing in local capacity-building and mitigation projects designed to protect communities and focusing on building community resilience amongst vulnerable individuals living in the areas of the state most susceptible to natural disasters. ANALYSIS The PrepareCA Jumpstart Grant from Cal OES will provide funding to focus on capacity building and local initiatives, including but not limited to education and outreach, mitigation planning and implementation, response and recovery planning, and future project scoping that will directly benefit our most socially vulnerable and high hazard risk communities. The City was recently awarded $986,249 over five years to augment staff salary and benefits for a full-time Community Resilience Coordinator. A newly created and dedicated Community Resilience Coordinator, under the City Administration’s Emergency Services Division, will focus on capacity building and local initiatives, including but not limited to: • education and outreach, • mitigation planning and implementation, • response and recovery planning, • future project scoping, and • grant administration. These activities will directly benefit our most vulnerable and high hazard risk communities. Efforts will primarily focus on census tracts where higher hazard exposures and social vulnerability exist while benefiting the City overall. The Community Resilience Coordinator will initiate and maintain partnerships with local stakeholders, including both public, private, and nonprofit sector organizations that will assist the City in supporting disaster-ready, safe, and resilient communities. It is through these connections that the Community Resilience Coordinator will develop and implement disaster-related educational bi-lingual outreach programs, materials, and events while allowing for regular and equitable access to information and resources. Furthermore, the Community Resilience Coordinator will work with all stakeholders to regularly measure overall program effectiveness. The proposed amount of the budget amendment and duties are a placeholder based on the grant terms. With Council’s approval, the position will then be taken before the Personnel Commission where the final job description and compensation will be determined. 7.3 Packet Pg. 21 ALTERNATIVES Should the City Council decline this grant, the City will not receive funding for position contributions. FISCAL IMPACT/FUNDING SOURCE $186,100 in Fiscal Year 2022-2023. The total five-year impact is $986,249 in reimbursement-based grant funding that will be provided by Cal OES over the five-year period. There is no net fiscal impact to the City’s General Fund, as costs will be offset by the revenue from the reimbursements. CONCLUSION This grant provides the City a unique opportunity to extend disaster-related outreach into our underserved and difficult-to-reach communities and intends to meaningfully impact those who would be disproportionately affected by disasters and support resilience efforts within our community. Adoption of resolutions to authorize acceptance of grant funds from Cal OES and amending the operating budget and the Position Control List is required to proceed. NEXT STEPS If Council approves, staff will submit the acceptance package to Cal OES. Attachments: 1. Draft Resolution - Updated Position Control List 2. Draft Budget Amendment Resolution - Community Resilience Coordinator 3. Draft Resolution - Cal OES Designation 7.3 Packet Pg. 22 RESOLUTION NO. 2022-XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE AUTHORIZED POSITION CONTROL LIST FOR THE CITY OF GILROY FOR FISCAL YEAR AND 2022-2023 WHEREAS, the business operations of the City of Gilroy are conducted by hired professional staff; and WHEREAS, the City of Gilroy is committed to delivering services to our residents; and WHEREAS, the delivery of services is effectuated by providing adequate and appropriate staffing levels to carry out the business of the City. NOW, THEREFORE, BE IT RESOLVED that the number and classifications of both regular and limited-term full-time positions in which persons may be employed by the City of Gilroy during Fiscal Year 2022-2023 are hereby Amended and shall be as set forth in the attached position control list, incorporated herein by reference. BE IT FURTHER RESOLVED that a change in the position control list shall only be accomplished by resolution of the City Council of the City of Gilroy. PASSED AND ADOPTED at a Regular Meeting of the City Council this 3rd day of October 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 7.3.a Packet Pg. 23 Attachment: Draft Resolution - Updated Position Control List (3980 : 2022 Prepare CA Jumpstart Grant) Resolution No. 2022-XX Position Control List City Council Regular Meeting | October 3, 2022 Page 2 of 5 POSITION CONTROL LIST Below is the table showing the authorized full-time positions by department. As of October 3, 2022 DEPARTMENT AMENDED FY22 AMENDED FY23 ADMINISTRATION 14 16 Assistant to the City Administrator 0 1 City Administrator 1 1 City Clerk 1 1 Community Coordinator 1 1 Community Engagement Manager 1 1 Community Resilience Coordinator 0 1 Deputy City Administrator 0 0 Deputy City Clerk 1 1 Economic Development Manager 0 0 Emergency Services & Volunteer Coordinator 1 1 HCD Technician 1 1 Housing and Grants Manager 0 0 Management Analyst 1 2 Management Assistant 0 0 Office Assistant I/II 0 0 Program Administrator 1 1 Recreation Coordinator 2 1 Recreation Director 0 0 Recreation Manager 1 1 Recreation Specialist 0 0 Recreation Supervisor 0 1 Senior Management Analyst 2 1 ADMINISTRATIVE SERVICES 18 19 Administrative Services & Human Resources Director/Risk Manager 1 1 Custodian 0 0 Equipment Mechanic 2 2 7.3.a Packet Pg. 24 Attachment: Draft Resolution - Updated Position Control List (3980 : 2022 Prepare CA Jumpstart Grant) Resolution No. 2022-XX Position Control List City Council Regular Meeting | October 3, 2022 Page 3 of 5 Facilities Maintenance Specialist 3 3 Facilities Superintendent 1 1 Fleet Superintendent 1 1 Human Resources Analyst 1 1 Human Resources Assistant I\II 0 0 Human Resources Technician I 1 1 IT Applications Analyst 1 1 IT Director 0 0 IT Manager 1 1 IT Technician I/II 1 1 Management Assistant 1 1 Network Administrator 0 1 Public Safety Systems Administrator 1 1 Senior Custodian 1 1 Senior Equipment Mechanic 1 1 Senior Human Resources Analyst 1 1 COMMUNITY DEVELOPMENT 23 23 Building Inspector I/II 3 3 Building Official 1 1 Code Enforcement Officer 2 2 Community Development Director 1 1 Customer Service Manager 1 1 Deputy Director of Community Development 0 0 Deputy Fire Marshal/Haz Mat Supervisor 1 1 Fire Marshal 0 0 GIS Coordinator/Planner 1 1 Hazardous Materials Inspector I/II 3 3 Management Analyst 1 1 Management Assistant 1 1 Office Assistant I/II 1 1 Permit Technician 2 2 Planner I/II 2 2 Planner I/II (Limited Term - Three Years) 0 0 Planning Division Manager 0 0 Planning Technician 1 1 7.3.a Packet Pg. 25 Attachment: Draft Resolution - Updated Position Control List (3980 : 2022 Prepare CA Jumpstart Grant) Resolution No. 2022-XX Position Control List City Council Regular Meeting | October 3, 2022 Page 4 of 5 Senior Planner 2 2 FINANCE 13 14 Accountant II 1 1 Accounting Assistant I/II 6 7 Accounting Technician - Payroll 1 1 Accounting Technician I/II 1 1 Budget/Finance Analyst 1 1 Finance Director 1 1 Finance Manager 2 2 Revenue Officer 0 0 FIRE 44 44 Fire Administration Technician 1 1 Fire Captain 10 10 Fire Chief 1 1 Fire Division Chief 3 3 Fire Engineer 9 9 Firefighter I/II 19 19 Management Analyst 1 1 Management Assistant 0 0 POLICE 101 102 Community Services Officer 4 4 Crime Analysis/Records/Property and Evidence Manager 0 0 Police Crime Analyst 1 1 Detention Services Officer 3 4 Management Analyst 1 1 Management Assistant 1 1 Multi-Service Officer 1 1 Office Assistant I/II 1 1 Police Captain 3 3 Police Chief 1 1 Police Corporal 8 8 Police Officer 44 44 Police Records Technician I/II 6 6 Police Sergeant 11 11 7.3.a Packet Pg. 26 Attachment: Draft Resolution - Updated Position Control List (3980 : 2022 Prepare CA Jumpstart Grant) Resolution No. 2022-XX Position Control List City Council Regular Meeting | October 3, 2022 Page 5 of 5 Property and Evidence Technician 1 1 Public Safety Communications Supervisor 1 1 Public Safety Communicator 12 12 Senior Police Records Technician 0 0 Police Records Supervisor 1 1 Youth Task Force Coordinator 1 1 PUBLIC WORKS 49 49 City Engineer/Transportation Engineer 1 1 Deputy Director of Public Works 1 1 Engineer I/II 5 5 Engineer I/II (Limited Term - Three Years) 0 0 Engineering Technician/Inspector I/II/III 2 2 Maintenance Worker I/II 27 25 Management Analyst 2 2 Management Assistant 1 1 Operations Services Supervisor 3 3 Public Works Director 1 1 Senior Civil Engineer 2 2 Senior Environmental Engineer 1 1 Senior Management Analyst 0 0 Senior Maintenance Worker 3 5 CITYWIDE FULL-TIME PERSONNEL 262 267 7.3.a Packet Pg. 27 Attachment: Draft Resolution - Updated Position Control List (3980 : 2022 Prepare CA Jumpstart Grant) RESOLUTION NO. 2022-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE BUDGET FOR THE CITY OF GILROY FOR FISCAL YEAR 2022-23 IN THE GENERAL FUND AND APPROPRIATING PROPOSED EXPENDITURE AMENDMENTS WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2021-22 and 2022-2023, and the City Council carefully examined, considered, and adopted the same on June 7, 2021; and WHEREAS, City Staff has prepared and submitted to the City Council a proposed amendment to said budget for Fiscal Year 2022-23 for the City of Gilroy in the staff report dated October 3, 2022, for the California Office of Emergency Services CAJumpstart Grant fully funding a Community Resilience Coordinator position for five years; and WHEREAS, the City Council has carefully examined and considered the same and is satisfied with said budget amendments. NOW, THEREFORE, BE IT RESOLVED THAT appropriations for Fiscal Year2022- 2023 are hereby increased in the General Fund, Fund 100, by $186,100. PASSED AND ADOPTED this 3rd day of October, 2022 by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: APPROVED: Marie Blankley, Mayor ATTEST: _______________________ Thai Nam Pham, City Clerk 7.3.b Packet Pg. 28 Attachment: Draft Budget Amendment Resolution - Community Resilience Coordinator (3980 : 2022 Prepare CA Jumpstart Grant) RESOLUTION NO. 2022-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ACCEPTING GRANT FUNDS AND DESIGNATING CERTAIN POSITIONS AS AGENTS FOR THE CITY OF GILROY’S APPLICATIONS FOR, AND ADMINISTRATION OF, FUNDING FROM THE CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES WHEREAS, the City of Gilroy (“City”), is a municipal corporation duly organized and existing under and pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the State of California Governor’s Office of Emergency Services requires for accepting and administering grants under their funding programs that non-state agencies have designated agents authorized by their respective legislative bodies to execute such documents for and on behalf of the non-state agency; and WHEREAS, the authorization may be applied universally for three-year terms for all funding opportunities from the Office of Emergency Services for any existing or future grant programs, including but not limited to the following: • Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM). • Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. • Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968. • National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b)((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 • California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12; and WHEREAS, the City applied for and has been awarded the 2022 Prepare California Jumpstart grant from the Office of Emergency Services. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Gilroy does hereby find, determine, resolve and order as follows: 7.3.c Packet Pg. 29 Attachment: Draft Resolution - Cal OES Designation (3980 : 2022 Prepare CA Jumpstart Grant) Resolution No. 2022-XX Cal OES Designation City Council Regular Meeting | October 3, 2022 Page 2 of 2 Section 1. Recitals. The City Council does hereby find, determine and resolve that all of the foregoing recitals are true and correct. Section 2. Designation. The City Council does further resolve that the City Administrator, Assistant City Administrator, Finance Director, Assistant to the City Administrator, and the Emergency Services and Volunteer Coordinator are hereby authorized and designated as agents for the City of Gilroy to execute for an on behalf of the City of Gilroy any and all required documents to apply for, accept, and administer any and all funding sources provided through the California Governor’s Office of Emergency Services for three (3) years from the date of adoption provided below. Section 3. Acceptance. The City Council hereby accepts the 2022 Prepare California Jumpstart Grant award. PASSED AND ADOPTED this 3rd day of October, 2022 by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: APPROVED: Marie Blankley, Mayor ATTEST: _______________________ Thai Nam Pham, City Clerk 7.3.c Packet Pg. 30 Attachment: Draft Resolution - Cal OES Designation (3980 : 2022 Prepare CA Jumpstart Grant) City of Gilroy STAFF REPORT Agenda Item Title: Approval of Final Map and Property Improvement Agreement No. 2022-03 for The Cottages Development Tract 10582, APN 790-002, 003 Meeting Date: October 3, 2022 From: Jimmy Forbis, City Administrator Department: Public Works Department Submitted By: Daryl Jordan, PE, Public Works Director Prepared By: Jorge Duran, Development Engineer Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Approve Final Map and Property Improvement Agreement No. 2022 -03 for The Cottages Development, Tract 10582, APN’s 790-17-002, 003 BACKGROUND On October 29, 2020, D.R. Horton (Developer) submitted an application requesting a tentative map to subdivide 3.74 acres into 29 single-family residential lots. On August 5, 2021, the City of Gilroy’s (City) Planning Commission considered TM 20- 06 in accordance with the Gilroy Zoning Code and other applicable standards and 7.4 Packet Pg. 31 regulations and found that it conformed to the City’s General Plan and recommend TM 20-06 for City Council approval. On August 16, 2021, D.R. Horton received Tentative Map Approval (TM 20-06) to subdivide 3.74 acres into 29 single-family residential lots with 0.12 acres of private open space and 0.82 acres of private streets. The subject property is located at 9130 and 9160 Kern Ave, Tract 10582, APN’s 790-17-002, -003. [Reference: Resolution No. 2021-46 and TM 20-06] DISCUSSION The Developer is requesting City Council approval of Tract 10582 Final Map and to enter into a Property Improvement Agreement (PIA 20 22-03) with the City for the project’s Public Improvements. These improvements include new street grading, paving, curb, gutter, sidewalk, landscape, lighting, storm drain, water, sewer, and necessary utility extension and connection to serve the development. As part of the Property Improvement Agreement, the Developer is required to provide Faithful Performance and Payment Bonds of $1,874,275 for 100% of the estimated construction cost of the improvements. Tract 10582 Final Map and Property Improvement Agreement 2022 -03 are ready for Recording with Santa Clara County with approval by Council. ALTERNATIVES Council may deny the request and let the Tentative Map expire. Staff does not recommend this alternative as it will impose unnecessary delay for the development of the site and will require the Developer to process a new Tentative Map for City approval. FISCAL IMPACT/FUNDING SOURCE Plan check and inspection fees have been collected to cover the costs associated with this action. The Developer has submitted bonding and insurance for the above- referenced Property Improvement Agreement and Final Map. All the required improvements are part of the Developer’s responsibility, and there are no reimbursements required for this project. Attachments: 1. Fig 1 Vicinity Map 2. Fig 2 Cottages PIA 3. Fig 3 Final Map 7.4 Packet Pg. 32 7.4.a Packet Pg. 33 Attachment: Fig 1 Vicinity Map (3891 : Final Map and PIA for The Cottages Tract 10582) 7.4.b Packet Pg. 34 Attachment: Fig 2 Cottages PIA (3891 : Final Map and PIA for The Cottages Tract 10582) 7.4.b Packet Pg. 35 Attachment: Fig 2 Cottages PIA (3891 : Final Map and PIA for The Cottages Tract 10582) 7.4.b Packet Pg. 36 Attachment: Fig 2 Cottages PIA (3891 : Final Map and PIA for The Cottages Tract 10582) 7.4.b Packet Pg. 37 Attachment: Fig 2 Cottages PIA (3891 : Final Map and PIA for The Cottages Tract 10582) 7.4.b Packet Pg. 38 Attachment: Fig 2 Cottages PIA (3891 : Final Map and PIA for The Cottages Tract 10582) 7.4.b Packet Pg. 39 Attachment: Fig 2 Cottages PIA (3891 : Final Map and PIA for The Cottages Tract 10582) 7.4.b Packet Pg. 40 Attachment: Fig 2 Cottages PIA (3891 : Final Map and PIA for The Cottages Tract 10582) 7.4.b Packet Pg. 41 Attachment: Fig 2 Cottages PIA (3891 : Final Map and PIA for The Cottages Tract 10582) 7.4.b Packet Pg. 42 Attachment: Fig 2 Cottages PIA (3891 : Final Map and PIA for The Cottages Tract 10582) 7.4.b Packet Pg. 43 Attachment: Fig 2 Cottages PIA (3891 : Final Map and PIA for The Cottages Tract 10582) 7.4.b Packet Pg. 44 Attachment: Fig 2 Cottages PIA (3891 : Final Map and PIA for The Cottages Tract 10582) 7.4.b Packet Pg. 45 Attachment: Fig 2 Cottages PIA (3891 : Final Map and PIA for The Cottages Tract 10582) Exhibit B - 7.4.bPacket Pg. 46Attachment: Fig 2 Cottages PIA (3891 : Final Map and PIA for The Cottages Tract 10582) 7.4.cPacket Pg. 47Attachment: Fig 3 Final Map (3891 : Final Map and PIA for The Cottages Tract 10582) 7.4.c Packet Pg. 48 Attachment: Fig 3 Final Map (3891 : Final Map and PIA for The Cottages Tract 10582) 7.4.c Packet Pg. 49 Attachment: Fig 3 Final Map (3891 : Final Map and PIA for The Cottages Tract 10582) 7.4.c Packet Pg. 50 Attachment: Fig 3 Final Map (3891 : Final Map and PIA for The Cottages Tract 10582) City of Gilroy STAFF REPORT Agenda Item Title: Award a Contract to Syserco Energy Solutions in the amount of $3,685,718 for Energy Conservation Measures Reimbursable under Pacific Gas & Electric's (PG&E) On- Bill Financing Program Meeting Date: October 3, 2022 From: Jimmy Forbis, City Administrator Department: Facilities Submitted By: Walter Dunckel, Facilities Superintendent Prepared By: Walter Dunckel, Facilities Superintendent Strategic Plan Goals  Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All  Maintain and Improve City Infrastructure RECOMMENDATION 1. Adopt a resolution of the City Council of the City of Gilroy amending the FY 23 budget to appropriate $3,685,718 for the Energy Conservation Measures project. 2. Award an Energy Services Contract in the amount of $3,685,718 to Syserco Energy Solutions for Energy Conservation Measures, pursuant t o California Government Code Section 4217.16, which will be fully reimbursed by PG&E under their On-Bill Financing Program. 3. Authorize the City Administrator to enter into an On -Bill Financing and Reimbursement Agreement with PG&E in the amount of $3,685 ,718. 8.1 Packet Pg. 51 4. Authorize the City Administrator to finalize and execute the related contract documents and approve any future change orders and items within the approved project budget. BACKGROUND In 2021 and the first half of 2022, the City selected Syserco Energy Solutions (SES) to perform an Investment Grade Audit (IGA) for the City of Gilroy. Information from this IGA was used to create a list of Energy Conservation Measures (ECM) that could be implemented and financed through PG&E’s On-Bill Financing (OBF) program. OBF allows end-users to make energy savings improvements that are funded by the resulting energy savings each month, over a period of up to 10 years. This allows end-users to perform energy savings measures, paid for by energy savings, with no in crease to their PG&E bill and ultimately achieve energy cost reductions over time. ANALYSIS The primary goals of this project are: 1. Reduce energy consumption across City owned infrastructure 2. Reduce the City’s ongoing utility and operational costs 3. Reduce overall City greenhouse emissions 4. Upgrade aging infrastructure by improving efficiencies of existing equipment and systems 5. Create safer and more comfortable conditions for City staff and the general public During the IGA, SES discovered a billing discrepancy where PG&E was charging the City for high pressure sodium lights that had already been converted to LED lights. This discovery resulted in a $233,642 refund from PG&E which has already been applied to the City’s PG&E bill. Eleven ECM items have been selected for this project and have been pre-approved by PG&E for OBF funding in the amount of $3,685,718. The payback period has been calculated to be ten years (see attached cash flow worksheet). 1. Controls RCX - HVAC controls upgrade at the Police Department, Chestnut Fire Station and Las Animas Fire Station. 2. Hydronic System Efficiency (Police Station) – Adding equipment to reduce surface tension of the water in the recirculating boiler. This aids in heat transfer and increases system efficiency. 3. HVAC Refurbishment – A surface treatment to the fins/coils of HVAC units which improves their efficiency and extends the life of the unit. Locations: Police Station, Senior Center, Wheeler, Sunrise Fire Station, Corporation Yard, Museum, TEEC building, Las Animas Park Building, San Ysidro Park Building. 8.1 Packet Pg. 52 4. Duct Sealing – Police Department – Seal large ducts on the roof to prevent wasted leakage, improving the HVAC system efficiency. 5. E-Gen Heat Pump Installation – Large generators typically use electrical resistance heating elements to keep the engines warm, so they are always ready to start. A heat pump will be installed to warm the units which is much more efficient. Locations: Police Department, Corporation Yard, Well #3, Well #8 6. HVAC Equipment Replacement – The air conditioning units at the Chestnut and Las Animas Fire Stations are beyond their useful life and need replacement. The new heat pumps will shift use away from natural gas heating to electricity. 7. Lighting Upgrades – Although the City has upgraded many buildings to LED lighting, there are additional lights that can be upgraded to LED. The upgrade would retrofit additional remaining fluorescent lamps to LEDs which typically last much longer than fluorescent lights. Multiple locations. 8. LED Street Light Upgrade – Although the City has upgraded most streetlights to LED, there are some lamps remaining that can be upgraded. This would replace the High-Pressure Sodium or Metal Halide lights with LEDs. 9. Power Transformer Replacement – The existing transformers located in the City buildings are an older style and were not made to the efficiency standards of today. Replacing these transformers with new efficient models will reduce the City’s power needs. Locations: City Hall and City Hall Annex. 10. Power Quality in Large Loads – There are several City sites where the energy and demand consumption are very high. These sites have higher harmonics and a reduction in power factor because of the energy demand. By installing Maximum Power Transfer Solutions (MPTS) devices, the power factor will improve, and the harmonics will approach zero. Not only will this save energy, by eliminating the harmonics, electronic devices will last longer. Locations: Police Department, Well #3, Well #5, Well #7, Well #8. 11. Building Envelope Sealing – Replace seals on exterior doors and stairwell doors and reseal wall penetrations like piping and conduits. Multiple locations . Key Project Benefits: • Total energy cost savings of approximately $8.5M over a period of 15 years. • Total annual savings over 15 years after project costs is estimated to be almost $4.8M. Once the OBF payoff occurs over ten years, the annual energy cost savings to the City is estimated to be over $600,000 per year. • Annual carbon offset exceeding 550 metric tons of CO2 per year. • Replacement and/or upgrade of some important systems that have reached the end of their useful life. The utilization of Government Code 4217 allows the City to simplify and expedite the contracting and implementation of these ECMs. California Government C ode 4217 allows the City to select an Energy Services partner, based on the best overall value to the City. SES has demonstrated experience and expertise as it pertains to these projects. 8.1 Packet Pg. 53 Government Code Section 4217.16 states: “Prior to awarding or enter ing into an agreement or lease, the public agency may request proposals from qualified persons. After evaluating the proposals, the public agency may award the contract based on the experience of the contractor, the type of technology employed by the contr actor, the cost to the local agency, and any other relevant considerations. The public agency may utilize the pool of qualified energy service companies established pursuant to Section 388 of the Public Utilities Code and the procedures contained in that s ection in awarding the contract.” Syserco Energy Solutions has performed work for other cities under Government Code 4217, including the City of Mountain View. They also are the proprietary service provider of the HVAC controls at our City Hall and Police Department buildings. Syserco Energy Solutions has already saved the City $233,642 during their IGA, and the City believes that using Government Code Section 4217.16 is the best option for the City to implement these energy-saving measures. ALTERNATIVES The City could go out to public bid for these items. However, this would take significant staff time and resources as well as delay the project. Government Code 4217 was established to encourage expedited implementation of energy savings measures to achieve environmental sustainability. Therefore, this alternative is not recommended. FISCAL IMPACT/FUNDING SOURCE This project will ultimately be 100% funded by PG&E’s OBF program. The City would front the capital ($3,685,718) over the course of the project to cover the construction and project management costs. PG&E would then reimburse the City for the full amount of the project upon completion of the project (approximately one year from project commencement). The energy savings over the first ten years w ould pay for the cost of the project. As such, the City is entering into an OBF financing agreement with PG&E to spread the cost of the project over ten years paid for by energy savings. After the ten years, the City will realize the full amount of the savings resulting from the project. SES has a 100% success rate for projects being funded in full under the OBF program. This project is recommended to be funded from the Equipment Outlay fund. Most of the funding is available due to holding off on the City Hall HVAC replacement project ($3M). The remaining funds ($685,718) are recommended to be appropriated from the General Fund fund balance via a transfer to the Equipment Outlay fund. Again, these funds will be reimbursed by PG&E upon completion of the proj ect and the project will be paid for by energy savings and through the OBF program administered by PG&E. Upon receiving reimbursement from PG&E, $685,718 would be returned to the General Fund , and remainder to the Equipment Outlay fund. Construction will begin in FY 23 and will be completed in FY 24. 8.1 Packet Pg. 54 Staff recommends Council adopt the attached budget amendment resolution appropriating the funds to fully fund this project. Attachments: 1. OBF Cash Flow with Project Cost and OBF Funding Amount 9.28.22 2. Draft Budget Amendment Resolution - Syserco 8.1 Packet Pg. 55 Annual Utility Escalation 6.0%6.0%6.0%4.0%4.0%4.0%4.0%4.0%4.0%4.0%4.0%4.0%4.0%4.0%4.0% Year 0 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Year 12 Year 13 Year 14 Year 15 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 Project Cost -$3,685,718 OBF Funding Amount $3,685,718 Annual Utility Savings 408,665$ 433,185$ 459,176$ 477,543$ 496,645$ 516,511$ 537,171$ 558,658$ 581,004$ 604,244$ 628,414$ 653,551$ 679,693$ 706,880$ 735,156$ OBF Annual Payment (368,571)$ (368,571)$ (368,571)$ (368,571)$ (368,571)$ (368,571)$ (368,571)$ (368,571)$ (368,571)$ (368,571)$ Annual Savings 40,094$ 64,614$ 90,605$ 108,972$ 128,074$ 147,940$ 168,600$ 190,087$ 212,433$ 235,673$ 628,414$ 653,551$ 679,693$ 706,880$ 735,156$ NET Savings -$ 40,094$ 104,708$ 195,313$ 304,285$ 432,359$ 580,298$ 748,898$ 938,985$ 1,151,418$ 1,387,091$ 2,015,505$ 2,669,056$ 3,348,748$ 4,055,629$ 4,790,784$ Annual Utility Savings Escalation = 6% for first 3 years, then 4% thereafter, based on PG&E rate increase projections City of Gilroy: PG&E On-Bill Financing (OBF) Cash Flow Summary 8.1.a Packet Pg. 56 Attachment: OBF Cash Flow with Project Cost and OBF Funding Amount 9.28.22 (3995 : Energy Conservation Measures) RESOLUTION NO. 2022-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE BUDGET FOR THE CITY OF GILROY FOR 2022-2023 AND APPROPRIATING PROPOSED EXPENDITURE AMENDMENTS WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2021-2022 and 2022-2023, and the City Council carefully examined, considered, and adopted the same on June 7, 2021; and WHEREAS, City Staff has prepared and submitted to the City Council proposed amendments to said budget for Fiscal Year 2022-2023 for the City of Gilroy in the staff report dated October 3, 2022 for the Energy Conservation Measures to be implemented by Syserco Energy Solutions. NOW, THEREFORE, BE IT RESOLVED THAT the appropriations for Fiscal Year 2022-2023 in Fund 625 – Equipment Outlay shall be increased by $3,685,718; and Fund 100 – General Fund be increased by $685,718 and transferred to Fund 625 – Equipment Outlay to fully fund the energy conservation measures project. PASSED AND ADOPTED this 3rd day of October 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 8.1.b Packet Pg. 57 Attachment: Draft Budget Amendment Resolution - Syserco (3995 : Energy Conservation Measures) City of Gilroy STAFF REPORT Agenda Item Title: Solar Power Purchase and Site Lease Agreement with Jua Capital, LLC Meeting Date: October 3, 2022 From: Jimmy Forbis, City Administrator Department: Administrative Services Submitted By: LeeAnn McPhillips, Administrative Services/HR Director/Risk Manager Prepared By: Walter Dunckel, Facilities Superintendent Strategic Plan Goals  Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All  Maintain and Improve City Infrastructure RECOMMENDATION 1. Hold a public hearing pursuant to California Government Code Section 4217.12. 2. Adopt a Resolution to enter into a Power Purchase Agreement (PPA) and Site Lease with Jua Capital, LLC pursuant to California Government Code Section 4217.12 making findings that the costs will be less than what the City will pay in the absence of the project. 3. Authorize the City Administrator or his designee to complete final negotiations and execute a Power Purchase Agreement and Site Lease Agreement with Jua Capital, LLC. 9.1 Packet Pg. 58 BACKGROUND As part of the City’s goal to “Maintain and Improve City Infrastructure Including Streets, Facilities, and Incorporate Green Energy Practices” the City had Syserco Energy Solutions perform a feasibility study to see how solar power could benefit the City. This study has been completed and recommendations have been received resulting in this report. The feasibility study indicated that the City of Gilroy could benefit by implementing solar power and recommended that the most appropriate financial mechanism for the City was to enter into a Power Purchase Agreement (PPA) and Site Lease with an independent third-party PPA firm. Contracting with the Energy Services Contractor shall be pursuant to California Government Code Sections 4217.10 – 4217.18, which allows public agencies to enter into energy services contracts for the purchase of electricity from solar systems installed on the City’s property. California Government Code 4217 allows the City to work directly with Jua Capital, LLC, based on the best overall value, as long as the requirements of California Government Code 4217 have been met. Jua Capital, LLC has been prequalified by the State of California to perform solar and energy projects throughout the state. This method does not require any City capital investment and provides the optimal way for the City to deliver and finance solar power. Section 4217.12 also requires a public agency to make a determination that implementing the PPA is in the best interest of the City after considering public comments at a scheduled public hearing. ANALYSIS This project has the following goals: 1. Provide solar generation to reduce peak power usage 2. Reduce utility costs 3. Reduce the environmental impacts, including greenhouse gas emissions A PPA allows the City to have an energy provider install solar arrays on City land with no capital outlay. The PPA provider pays for 100% of the project costs including ongoing maintenance and operational costs, and owns the solar arrays. A PPA is a long-term agreement between a renewable energy developer and the City for the purchase of energy from the solar arrays. This allows the City to enjoy the benefits of solar energy, such as reduction of energy use, lower energy bills, and lower greenhouse gasses without cost. The City pays the energy provider for all power generated by the solar arrays at a predefined price per kilowatt hour, over a period of 30 years. A total of four solar sites were determined to have the most financial benefit for the City’s electrical usage. At all of the proposed sites, the panels would be mounted on carport structures, similar to the solar panel structures that the Gilroy Unified School District and many other schools and public agencies have used on their parking lots. 9.1 Packet Pg. 59 The four sites identified for solar panels are: • City Hall Annex • Pump House #6 • Corporation Yard • Sunrise Fire Station Proposed Locations of Parking Structure Solar Arrays: Annex 9.1 Packet Pg. 60 Pump House #6 Corporation Yard 9.1 Packet Pg. 61 Sunrise Fire Station Together these sites would generate an estimated 1,627-megawatt hours per year. If the City’s power came from natural gas power plants, this would save 1,438,268 pounds of CO2 emissions per year. At the City Hall Annex, Corporation Yard and Sunrise Fire locations, the panels would also provide shade for City vehicles, reducing UV damage to the paint and interior of vehicles that are parked underneath them. Syserco Energy Solutions solicited proposals for these sites from independent Solar Power Providers, and it was determined that Jua Capital had the most benefit for the City. The agreement from Jua Capital, LLC is for a 30-year term at $0.1744 per kilowatt hour, with 2% escalation each year. This equates to savings of $8,236,032 over the 30- year term, or an average of about $274,534 per year, assuming that current rates will continue to rise at their 40-year average of 4% annually. The City is currently experiencing much higher increases in current energy rates, and rates are likely to increase more than this 40-year average in the future. If rates do increase by more than 4% per year, the City would realize more savings with this system. At the end of the 30-year term, the City has the option to buy the solar equipment/structures for $1. The City would then need to maintain the solar equipment/structures going forward or hire a contractor to maintain them. Another future option is to upgrade the solar equipment and enter into a new PPA for a second term. In thirty years, there will likely be new technology to consider in addition to solar. Optional buyout costs are as follows: 9.1 Packet Pg. 62 Year 6: $4,480,976 Year 10: $2,786,541 Year 15: $1,892,020 Year 20: $1,139,820 Year 25: $880,917 Year 30: $1 For the solar installation at the City Hall Annex location, approximately 16 trees would have to be removed to allow for the panels. At Sunrise Fire Station, one tree would need to be removed. The tree removal consists of six sycamores, six crepe myrtles, and four not yet identified trees. As part of the implementation plan, 18 new trees will be planted at City park locations to offset the tree removal. ALTERNATIVES The alternative is for the City to keep purchasing 100% of our electricity from Pacific Gas & Electric (PG&E)/Silicon Valley Clean Energy (SVCE) at rates that are higher than what is being offered by the PPA provider. As rates continue to increase at rates greater than 2% annually, the City will continue to spend more money on electricity that could be obtained through a PPA at a lower cost. Staff does not recommend this option. FISCAL IMPACT/FUNDING SOURCE This project requires no direct City funding. The energy savings generated by the solar project will offset the financing cost and generate additional savings. The project is projected to save the City $8,236,032 over the term of the 30-year agreement, or on average a savings of $274,534 per year. This cost savings would escalate from $70,993 the first year, $176,052 the 10th year, $327,170 the 20th year, and $552,566 the 30th year. Again, if PG&E/SVCE rates increase more than 4% per year, as we are currently seeing, the savings will be even greater. NEXT STEPS If approved by City Council, staff will finalize the PPA and Site Lease documents, to include a review by the City Attorney’s Office. If all of the final terms are agreeable to Jua Capital, LLC then the documents will be executed by the City Administrator and Jua Capital, LLC. Once all documents are signed, staff will work with Syserco Energy Solutions to move the project forward. Attachments: 1. Solar PPA Cash Flow Summary 2. Solar PPA & Site Lease Draft Resolution per Government Code 4217 10.3.22 9.1 Packet Pg. 63 Solar PPA Cash Flow Summary Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Year 12 PGE Rate Escalation 6%6%6%4%4%4%4%4%4%4%4%4% Cost for eq kwh 350,397$ 369,563$ 389,779$ 403,343$ 417,379$ 431,904$ 446,934$ 462,488$ 478,582$ 495,237$ 512,471$ 530,305$ Production 1,605,771 1,597,742 1,589,753 1,581,805 1,573,896 1,566,026 1,558,196 1,550,405 1,542,653 1,534,940 1,527,265 1,519,629 Rate per kwh 0.174$ 0.177$ 0.181$ 0.185$ 0.188$ 0.192$ 0.196$ 0.200$ 0.204$ 0.208$ 0.212$ 0.216$ PPA Cost 279,404 283,567 287,792 292,081 296,433 300,849 305,332 309,881 314,499 319,185 323,941 328,767 PPA Escalation 2%2%2%2%2%2%2%2%2%2%2%2% Savings 70,993$ 85,996$ 101,986$ 111,262$ 120,947$ 131,055$ 141,602$ 152,606$ 164,083$ 176,052$ 188,530$ 201,538$ Cumulative 70,993$ 156,989$ 258,975$ 370,237$ 491,184$ 622,239$ 763,841$ 916,447$ 1,080,531$ 1,256,583$ 1,445,113$ 1,646,651$ Note: Annual Savings Escalation = 6% for first 3 years, then 4% thereafter, based on PG&E rate increase projections PPA PGE 9.1.a Packet Pg. 64 Attachment: Solar PPA Cash Flow Summary (3930 : Solar Power Purchase Agreement) Year 13 Year 14 Year 15 Year 16 Year 17 Year 18 Year 19 Year 20 Year 21 Year 22 Year 23 Year 24 Year 25 4%4%4%4%4%4%4%4%4%4%4%4%4% 548,760$ 567,857$ 587,618$ 608,067$ 629,228$ 651,125$ 673,784$ 697,232$ 721,495$ 746,603$ 772,585$ 799,471$ 827,293$ 1,512,031 1,504,470 1,496,948 1,489,463 1,482,016 1,474,606 1,467,233 1,459,897 1,452,597 1,445,334 1,438,108 1,430,917 1,423,762 0.221$ 0.225$ 0.230$ 0.234$ 0.239$ 0.244$ 0.249$ 0.253$ 0.259$ 0.264$ 0.269$ 0.274$ 0.280$ 333,666 338,638 343,683 348,804 354,001 359,276 364,629 370,062 375,576 381,172 386,852 392,616 398,466 2%2%2%2%2%2%2%2%2%2%2%2%2% 215,094$ 229,219$ 243,935$ 259,263$ 275,226$ 291,849$ 309,155$ 327,170$ 345,919$ 365,431$ 385,734$ 406,855$ 428,827$ 1,861,745$ 2,090,964$ 2,334,898$ 2,594,161$ 2,869,388$ 3,161,236$ 3,470,391$ 3,797,561$ 4,143,480$ 4,508,912$ 4,894,645$ 5,301,501$ 5,730,328$ 9.1.a Packet Pg. 65 Attachment: Solar PPA Cash Flow Summary (3930 : Solar Power Purchase Agreement) Year 26 Year 27 Year 28 Year 29 Year 30 4%4%4%4%4% 856,083$ 885,874$ 916,703$ 948,604$ 981,615$ 1,416,644 1,409,560 1,402,513 1,395,500 1,388,523 0.285$ 0.291$ 0.297$ 0.303$ 0.309$ 404,403 410,428 416,544 422,750 429,049 2%2%2%2%2% 451,680$ 475,446$ 500,159$ 525,854$ 552,566$ 6,182,008$ 6,657,453$ 7,157,612$ 7,683,466$ 8,236,032$ 9.1.a Packet Pg. 66 Attachment: Solar PPA Cash Flow Summary (3930 : Solar Power Purchase Agreement) RESOLUTION NO. 2022-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING ENTERING INTO A POWER PURCHASE AGREEMENT (PPA) AND SITE LEASE AGREEMENT WITH JUA CAPITAL, LLC WHEREAS, it is the policy of the State of California and the intent of the State Legislature to promote all feasible means of energy conservation and all feasible means of alternative energy supply sources; and WHEREAS, the City of Gilroy (City) desires to reduce the steadily rising costs of energy needs at its facilities; and WHEREAS, the City finds it to be in the best interests to implement projects to promote energy efficiency and renewable energy production to achieve energy cost reductions, to reduce carbon emissions related to the City’s operations, and to secure solar shade structures in portions of their parking areas; and WHEREAS, the City has identified the installation of solar PV at four site locations to be economically favorable, and in the best long-term interest of the City; and WHEREAS, the City has identified a Power Purchase Agreement (PPA) as the most favorable financing mechanism for this solar PV project because of the need for zero capital outlay from the City, with immediate Year 1 cost savings; and WHEREAS, Jua Capital, LLC has provided the City with the most favorable terms to the City, in the form of a Power Purchase Agreement (PPA), in order to provide significant financial benefit to the City; and WHEREAS, California Government Code 4217 authorizes the City to enter into an energy services agreement with respect to an energy conservation system and site lease if its governing body determines, at a regularly scheduled public hearing, that the anticipated cost to the City for an alternative energy project will be less than the anticipated marginal cost to the City for electrical energy that would have been consumed by the City in the absence of such energy project and the difference, if any, between the fair rental value for the real property subject to the facility site lease and the agreed rent, anticipated to be offset by below -market energy purchases or other benefits provided under the energy service agreement; and WHEREAS, the City proposes to enter into a Power Purchase Agreement and related contract documents (“Power Purchase Agreement”) and facility ground lease (“Site Lease”) with Jua Capital, LLC, pursuant to which Jua Capital, LLC will be responsible for the design, construction, installation, maintenance, and operation on City property solar photovoltaic systems and arrange with the local utility for interconnection of the systems, which will generate energy at the sites on which such systems are located; and 9.1.b Packet Pg. 67 Attachment: Solar PPA & Site Lease Draft Resolution per Government Code 4217 10.3.22 (3930 : Solar Power Purchase Agreement) Resolution No. 2022-XX Solar PPA and Site Lease – Government Code 4217 City Council Regular Meeting | October 3, 2022 Page 2 of 3 WHEREAS, the sites where such solar photovoltaic systems will be located are as follows: • City Hall Annex • The Corporation Yard • Sunrise Fire Station • Pump House #6 WHEREAS, an analysis has been performed with data showing that the anticipated cost to the City for the electrical energy provided by the project will be less than the anticipated marginal cost to the City of electrical energy that would have been consumed by the City in the absence of those purchases; and WHEREAS, the difference, if any, between the fair rental value for the real property subject to the Site Lease and the agreed rent, is anticipated to be offset by below-market energy purchases or other benefits provided under the Power Purchase Agreement; and WHEREAS, the City proposes to enter into the Power Purchase Agreement and Site Lease substantially in the terms presented at this meeting, subject to changes, insertions or omissions as the City Administrator or his/her designee reasonably deems necessary following the Council’s adoption of this Resolution; and WHEREAS, pursuant to Government Code 4217, the City has held a public hearing, public notice of which was given two weeks in advance. NOW, THEREFORE, based upon the above-referenced recitals, the Council hereby finds, determines, and orders as follows: 1. The Council finds that the terms of the Power Purchase Agreement and Site Lease are in the best interest of the City. 2. In accordance with Government Code 4217, and based on data derived from an analysis, the Council finds that the anticipated cost to the City for electrical energy provided by the project under the Power Purchase Agreement will be less than the anticipated marginal cost to the City of electrical energy that would have been consumed by the City in the absence of those purchases. 3. In accordance with Government Code 4217, the Council finds that the difference, if any, between the fair rental value for the property subject to Site Lease and the agreed rent, is anticipated to be offset by below-market energy purchases or other benefits provided under the Power Purchase Agreement. 9.1.b Packet Pg. 68 Attachment: Solar PPA & Site Lease Draft Resolution per Government Code 4217 10.3.22 (3930 : Solar Power Purchase Agreement) Resolution No. 2022-XX Solar PPA and Site Lease – Government Code 4217 City Council Regular Meeting | October 3, 2022 Page 3 of 3 4. The Council hereby authorizes the City Administrator to finalize a Power Purchase Agreement and Site Lease containing the terms identified in the staff report, both of which shall be subject to such changes, insertions, or omissions that the City Administrator or his designee reasonably deems necessary. 5. The City Administrator or his designee is hereby authorized and directed to negotiate any further changes, insertions, and omissions to the Power Purchase Agreement and Site Lease as he/she reasonably deems necessary, and thereafter to execute and deliver the Power Purchase Agreement and Site Lease following the Council’s adoption of this resolution. The City Administrator or designee is further authorized and directed to execute and deliver any and all papers and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and said agreements. PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the 3rd day of October 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 9.1.b Packet Pg. 69 Attachment: Solar PPA & Site Lease Draft Resolution per Government Code 4217 10.3.22 (3930 : Solar Power Purchase Agreement) City of Gilroy STAFF REPORT Agenda Item Title: Appointments to Parks and Recreation Commission and Youth Commission. Meeting Date: October 3, 2022 From: Jimmy Forbis, City Administrator Department: City Clerk Submitted By: Thai Pham, City Clerk Prepared By: Thai Pham, City Clerk Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION 1. Appoint a member of the Parks and Recreation Committee to a vacated seat with a term ending December 31, 2022. 2. Appoint members of the Youth Commission to six (6) seats with a term ending September 30, 2024. BACKGROUND Three of the City’s Boards, Commissions, and Committees (Arts & Culture Commission, Parks and Recreation Commission, and Physically Challenged Board of Appeals) currently have seats vacant as of October 3, 2022. At the close of the re cruitment 10.1 Packet Pg. 70 period, two (2) applications were received for the Parks and Recreation Commission for a seat with a term expiring December 31, 2022. In addition, the Youth Commission started its recruitment process to fill six (6) seats with terms starting October 3, 2022, through September 30, 2024. At the close of the recruitment period, seven (7) applications were received. The Council is now asked to consider the appointment of members to the following open seats: Parks and Recreation Commission One (1) seat with term expiring 12/31/2022 1. Ryan Littell** 2. Terence Fugazzi* 3. Luis Ramirez *: Council did not interview **: Candidate Withdrew Application Youth Commission Six (6) seats with term expiring 09/30/2024 1. Emily Zheng* 2. Sophie Gong 3. James Dinh 4. Destiny Saldate* 5. Michael D’Angelo* 6. Alfred James 7. Winston James (Incumbent) *: Council did not interview Except for Applicant Ryan Littell who withdrew his application, everyone’s application along with the incumbent attendance log is included in this staff report. Attachments: 1. Application - Parks and Recreation Commission - Fugazzi, Terence 2. Application - Parks and Recreation Commission - Ramirez, Luis 3. Application - Youth Commission - Zheng, Emily 4. Application - Youth Commission - Gong, Sophie 5. Application - Youth Commission - Dinh, James 6. Application - Youth Commission - D'Angelo, Michael 7. Application - Youth Commission - James, Alfred 8. Application - Youth Commission - James, Winston 9. Application - Youth Commission - Saldate, Destiny 10. Youth Commission 2021 Attendance Sheet 10.1 Packet Pg. 71 CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. From:noreply@civicplus.com To:City Clerk Subject:EXTERNAL - Online Form Submittal: City of Gilroy Application for Board, Commission and Committee Appointment Date:Friday, September 2, 2022 8:33:42 AM City of Gilroy Application for Board, Commission and Committee Appointment City of Gilroy Application for Board, Commission, and Committee Appointment All Commission, Board and Committee applications are a public record. First Name Terence Last Name Fugazzi Board/Commission/Committee of Interest Parks & Recreation Commission Are you a registered voter within the City limits? Yes Physical Address 1 City, State, Zip Phone Number E-mail Address Alternate Phone Number Field not completed. List your qualifications for this appointment: 9-year resident. Active in staying abreast of city issues and getting involved when I feel it necessary. Our family is active and enjoys the outdoors, especially the dog parks. My personal qualifications are 25 years in executive management in the area of marketing. BS in Computer Science. List any service to the community including any prior appointments. Never. My semi-retirement status now makes more I comment possible. What are you goals while serving on this Board/Commission/Committee? Help steer our parks and recreation needs and offerings in the best way to fit the citizens of Gilroy. 10.1.a Packet Pg. 72 Attachment: Application - Parks and Recreation Commission - Fugazzi, Terence (3979 : Commission Appointments) Why are you the most qualified to serve on this Board/Commission/Committee? Not knowing the other applicants, I would be a bit presumptive to think how I might be the “most” qualified. That said: I care. I’m smart. I have time to give back to my community. Declaration of Residency I Understand Email not displaying correctly? View it in your browser. 10.1.a Packet Pg. 73 Attachment: Application - Parks and Recreation Commission - Fugazzi, Terence (3979 : Commission Appointments) 10.1.b Packet Pg. 74 Attachment: Application - Parks and Recreation Commission - Ramirez, Luis (3979 : Commission Appointments) 10.1.b Packet Pg. 75 Attachment: Application - Parks and Recreation Commission - Ramirez, Luis (3979 : Commission Appointments) 1 Thai Pham From:noreply@civicplus.com Sent:Wednesday, June 29, 2022 10:52 AM To:City Clerk Subject:EXTERNAL - Online Form Submittal: Youth Commission Application Youth Commission Application City of Gilroy Application for the Gilroy Youth Commission The City of Gilroy accepts applications at any time and will keep them on file for one year. PLEASE NOTE: All Board, Commission, and Committee applications are a public record. First Name Emily Jiarui Last Name Zheng Birth Date Address1 Address2 Field not completed. City Gilroy State California Zip 95020 Phone Number Secondary Phone Number Field not completed. Email address Grade 13 School Please list your background, including community service within the City of Gilroy,and any prior My stepdad is homeless and I eat food from the foodbanks. I do volunteer work for the community with my church. My CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. 10.1.c Packet Pg. 76 Attachment: Application - Youth Commission - Zheng, Emily (3979 : Commission Appointments) 2 experience with groups or organizations that would qualify you for this Commission: Chinese School Principal had me organize the face painting activities for the Bay Area youth and kids. Why would you like to be appointed to the Gilroy Youth Commission? My stepdad sleeps outside a lot. He doesn't do drugs or alcohol. He has no criminal background. He's not crazy. I am from China, just as many in Gilroy are here from other countries. I want to help youth in Gilroy get a quality education, and other activities / interests that can lead to scholarships and Leadership development. My school principal, parents, and myself signed extensive paperwork to allow me to take courses at Shasta College for credit and grade. My classmates are over 18, and due to me getting tested into more advanced courses, many are 21 or over. My course in Sociology helps me understand the context for the issues faced by Gilroy youth. Emma Lazarus and Pablo Neruda started writing and also created profound poems at the age of 11 and 10 respectively. Please judge me by my merits and not by age. What do you feel is the biggest problem facing the youth of Gilroy?If you are appointed,what are the steps you will take to address the problem? The biggest problems faced by Gilroy youth are: Poverty, lack of education, Racism, and parents overwhelmed by federal and state programs not meeting their needs. Healthcare is another important issue. Medical works only in theory and on the surface. My mom doesn't speak English and when I was tasked to help her locate an Oncologist, none of the numbers worked, or they had you on hold for hours, and ultimately many that you finally talked to in person wouldn't even accept Medical. Bullying is also an issue and many families have challenges when this occurs at school. Reapplying Commissioners) What can you do to improve your previous performance on the Commission? Field not completed. Email not displaying correctly? View it in your browser. 10.1.c Packet Pg. 77 Attachment: Application - Youth Commission - Zheng, Emily (3979 : Commission Appointments) 10.1.d Packet Pg. 78 Attachment: Application - Youth Commission - Gong, Sophie (3979 : Commission Appointments) 10.1.d Packet Pg. 79 Attachment: Application - Youth Commission - Gong, Sophie (3979 : Commission Appointments) 10.1.d Packet Pg. 80 Attachment: Application - Youth Commission - Gong, Sophie (3979 : Commission Appointments) 10.1.e Packet Pg. 81 Attachment: Application - Youth Commission - Dinh, James (3979 : Commission Appointments) 10.1.e Packet Pg. 82 Attachment: Application - Youth Commission - Dinh, James (3979 : Commission Appointments) CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. From:noreply@civicplus.com To:City Clerk Subject:EXTERNAL - Online Form Submittal: Youth Commission Application Date:Friday, September 9, 2022 4:12:45 PM Youth Commission Application City of Gilroy Application for the Gilroy Youth Commission The City of Gilroy accepts applications at any time and will keep them on file for one year. PLEASE NOTE: All Board, Commission, and Committee applications are a public record. First Name Michael Last Name D’Angelo Birth Date Address1 Address2 Field not completed. City Gilroy State California Zip 95020 Phone Number Secondary Phone Number Email address Grade 11 School Christopher High School Please list your background, including community service within the City of Gilroy, and any prior experience with groups I have no experience in community service in Gilroy, but I have worked a construction multiple times during summers. 10.1.f Packet Pg. 83 Attachment: Application - Youth Commission - D'Angelo, Michael (3979 : Commission Appointments) or organizations that would qualify you for this Commission: Why would you like to be appointed to the Gilroy Youth Commission? I would like to be part of the Commission so I can help out with my town I have been in my whole life. Also I would like to learn politics and things that is going on in Gilroy. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address the problem? The thing that I feel that is a big problem in Gilroy for the youth is mainly the Levi down by the creek. I feel it was really fun to walk and go down a couple years ago, but homeless have started to go there and use the creek for a lot of stuff like washing clothes bathing, and I feel it makes it really unsafe to walk, Reapplying Commissioners) What can you do to improve your previous performance on the Commission? Make sure we are putting are money into are city wisely and also try your best to think how your next decision would effect the whole community not just a section of people Email not displaying correctly? View it in your browser. 10.1.f Packet Pg. 84 Attachment: Application - Youth Commission - D'Angelo, Michael (3979 : Commission Appointments) CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. From:noreply@civicplus.com To:City Clerk Subject:EXTERNAL - Online Form Submittal: Youth Commission Application Date:Friday, September 9, 2022 4:41:26 PM Youth Commission Application City of Gilroy Application for the Gilroy Youth Commission The City of Gilroy accepts applications at any time and will keep them on file for one year. PLEASE NOTE: All Board, Commission, and Committee applications are a public record. First Name Alfred Last Name James Birth Date Address1 Address2 Field not completed. City Gilroy State CA Zip 95020 Phone Number Secondary Phone Number Field not completed. Email address Grade 10 School Dr. T.J. Owen's Gilroy Early College Academy. Please list your background, including community service within the City of Gilroy, and any prior experience with groups Since the 5th grade, I have been a part of the Boy Scouts of America in Troop 792. Throughout the years, I have been helping out other scouts complete their Eagle projects, all of which have the same goal of benefiting the community. One of the more notable projects was led by an Eagle Scout, Joey Pantaleoni. In this project, the troop built a cement wall at the Gilroy Sports Complex so water wouldn't disrupt the soccer games that 10.1.g Packet Pg. 85 Attachment: Application - Youth Commission - James, Alfred (3979 : Commission Appointments) or organizations that would qualify you for this Commission: occurred and placed trash cans around the park. Another notable project was led by another Eagle Scout, Lucas Bissell. In this project, we built and painted a bookshelf at the San Martin Lions Club that holds books for children to read, take from, or donate to. Both of these projects gave me wonderful opportunities to help out and give back to the community. Why would you like to be appointed to the Gilroy Youth Commission? I want to be appointed to the Gilroy Youth Commission because I would like to connect the gap between the youth and the city to enhance engagement in the community. I have also seen how helping the community has improved the city and I’d like to be a part of this. I would also like to connect the gap between the youth and the city to enhance engagement in the community. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address the problem? A noticeable problem that exists within the youth of Gilroy is smoking and drug abuse. I’ve seen this issue occur at countless high schools and middle schools, and its effects are devastating. It definitely feels like there is a lack of resources related to this, so if I’m appointed, I would push more towards hosting events that discuss the dangers/consequences of drug abuse. These events would likely be geared towards students, parents, and school administrators to prevent drug abuse at home and at school. Reapplying Commissioners) What can you do to improve your previous performance on the Commission? Field not completed. Email not displaying correctly? View it in your browser. 10.1.g Packet Pg. 86 Attachment: Application - Youth Commission - James, Alfred (3979 : Commission Appointments) CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. From:noreply@civicplus.com To:City Clerk Subject:EXTERNAL - Online Form Submittal: Youth Commission Application Date:Friday, September 9, 2022 4:57:01 PM Youth Commission Application City of Gilroy Application for the Gilroy Youth Commission The City of Gilroy accepts applications at any time and will keep them on file for one year. PLEASE NOTE: All Board, Commission, and Committee applications are a public record. First Name Winston Last Name James Birth Date Address1 Address2 Field not completed. City Gilroy State CA Zip 95020 Phone Number Secondary Phone Number Field not completed. Email address Grade 12 School Christopher High School Please list your background, including community service within the City of Gilroy, and any prior experience with groups My history with the City of Gilroy can be seen through my work as a Boy Scout and a former City of Gilroy Youth Commissioner. As a Boy Scout I worked on various projects that have not only helped Gilroy, but specifically the youth of Gilroy. As a 2 term Senior Patrol Leader of my Boy Scout Troop, 792, I believe I have the leadership history and qualifications that can once again translate into my appointment on the Gilroy Youth 10.1.h Packet Pg. 87 Attachment: Application - Youth Commission - James, Winston (3979 : Commission Appointments) or organizations that would qualify you for this Commission: Commision. For example, when working on an Eagle project for the City of Gilroy, we worked on a concrete wall that prevented flooding of rainwater onto Gilroy Sports Park fields which previously prevented the youth soccer teams of Gilroy from being able to play their matches. With my previous history as being a commissioner the last two years, I have been given a taste of what a normal term could look like without the burden of COVID. I understand the commitment it takes to be a part of the Commision, and would like to lead the commission again in a different pathway with what I have learned over the past years. Why would you like to be appointed to the Gilroy Youth Commission? I would liked to be reappointed to the Gilroy Youth Commision, because I understood the effect the commission had on the community of Gilroy where it was beneficial and getting a reward out of our work was satisfying and I know with more planning and more experience coming into the commission once again, I would be able to lead the commission with some more expertise to have a even more profound effect in being able to engage city and youth involvement. What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address the problem? I feel the biggest problem facing the youth of Gilroy is the lack of resources and lack of connection between the City of Gilroy and the youth community. Without resources like this youth commission there are not a lot of ways to connect with youth and give them opportunities, something the youth community is lacking. I feel should I be reappointed to the commission, so I can take a better approach as to giving the youth more resources and bridging the gap between youth and city. I would do this with more engaging events for the youth to where they can understand the importance of having a strong city community. I would introduce workshop events and community youth events that engage this relationship. Reapplying Commissioners) What can you do to improve your previous performance on the Commission? Although my term was stunted by the effects of COVID-19, I know with the experience I have grasped over the last two years, I can introduce my expertise on to the Youth Commision in a way where we grow from out mistakes from previous years such as lack of planning. However, with this expertise comes a lot of knowledge on what can work, and with the COVID rates not being as such an obstacle, I believe I can build on the previous downfalls of the commission in the last two years, to create a year of flourishment in the commission. One where the events made for the youth are truly engaging and finding better ways to get the city of Gilroy involved in what we do. I believe with my experience and knowledge of previous years, I can point the commission in a positive direction. Email not displaying correctly? View it in your browser. 10.1.h Packet Pg. 88 Attachment: Application - Youth Commission - James, Winston (3979 : Commission Appointments) CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. From:noreply@civicplus.com To:City Clerk Subject:EXTERNAL - Online Form Submittal: Youth Commission Application Date:Thursday, September 8, 2022 5:06:49 PM Youth Commission Application City of Gilroy Application for the Gilroy Youth Commission The City of Gilroy accepts applications at any time and will keep them on file for one year. PLEASE NOTE: All Board, Commission, and Committee applications are a public record. First Name Destiny Last Name Saldate Birth Date Address1 Address2 Field not completed. City gilroy State California Zip 95020 Phone Number Secondary Phone Number Field not completed. Email address Grade 11 School Christopher High School Please list your background, including community service within the City of Gilroy, and any prior experience with groups i have no experience 10.1.i Packet Pg. 89 Attachment: Application - Youth Commission - Saldate, Destiny (3979 : Commission Appointments) or organizations that would qualify you for this Commission: Why would you like to be appointed to the Gilroy Youth Commission? i want to practice servant leadership What do you feel is the biggest problem facing the youth of Gilroy? If you are appointed, what are the steps you will take to address the problem? There is not enough activities and lack of mentorship if i am appointed i would find a way to first of all get us all together and ask about different activities the youth would like to see Reapplying Commissioners) What can you do to improve your previous performance on the Commission? Field not completed. Email not displaying correctly? View it in your browser. 10.1.i Packet Pg. 90 Attachment: Application - Youth Commission - Saldate, Destiny (3979 : Commission Appointments) MEMBER Jan Feb March April May Jun Jul Aug Sep Oct Nov Dec Alexis Kong PPPPP PPP Alexis Miller N/A N/A N/A N/A N/A PPP Alyssa Gonzalez PPPPE N/A N/A N/A Augusta Schulte P P PP P N/A N/A N/A Esmeralda Garcia PPPPP N/A N/A N/A Ezequiel Lopez N/A N/A N/A N/A N/A A PP Isaac Hwang N/A N/A N/A N/A N/A PPP Jacob Baker P A P E A PPP Joshua Martinez P P A P P N/A N/A N/A Lavander Hwang N/A N/A N/A N/A N/A PPP Meyhar Kamrah PPPPP PPP Reet Padda PPPPP PPP Serena Ramirez P P PP P N/A N/A N/A Winston James PPPPAAPE Yashila Suresh PPPPP PPP P = Present A = Absent without contacting staff E= Excused N/A = Not a member (Resignation, Term expired, Not yet appointed) C = Meeting was cancelled - = No meeting was scheduled YOUTH COMMISSION (11 members meets the 2nd Mon/6:00 p.m.) 10.1.j Packet Pg. 91 Attachment: Youth Commission 2021 Attendance Sheet (3979 : Commission Appointments) City of Gilroy STAFF REPORT Agenda Item Title: Council Initiated Discussion of Requesting the Resignation of Council Member Armendariz if the Recall Petition Qualifies for the Ballot Meeting Date: October 3, 2022 From: Jimmy Forbis, City Administrator Department: City Council Submitted By: Marie Blankley, Mayor Prepared By: Marie Blankley, Mayor Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION 1. Direct the Mayor to prepare a formal request for resignation should the recall petition qualify for the ballot; or 2. Take no action. BACKGROUND At the September 19, 2022 Regular City Council Meeting, Council directed staff to place on tonight’s agenda a discussion regarding whether the Council should publicly request the resignation of Council Member Armendariz should the r ecall petition qualify by its deadline and before the public faces the cost of a special election. 11.1 Packet Pg. 92 As council members, we have heard the many voices who have questions about the financial consequences already brought on the City and criticism for remaini ng silent while the recall effort proceeds and financial burdens to the public continue to mount. While only the democratic process of an election may bring about or remove a council member, the City Council, as stewards of the City and in the financial interest of the public, may ask that Council Member Armendariz willingly resign from office before the public further incurs the cost of a special election that could otherwise be avoided. 11.1 Packet Pg. 93 City of Gilroy STAFF REPORT Agenda Item Title: Second Amendment to the Contract with NRC Environmental (US Ecology) Increasing the Not-to-Exceed Amount by $30,000 for Unhoused Encampment Cleanup Services, to a Total of $130,000. Meeting Date: October 3, 2022 From: Jimmy Forbis, City Administrator Department: Administration Submitted By: Jimmy Forbis, City Administrator Prepared By: Bryce Atkins, Senior Management Analyst Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Council approve the contract amendment. BACKGROUND As part of the recommendations of the Unhoused Ad Hoc Committee, the City entered into an agreement with NRC Environmental, which does business under the name of US Ecology, for refuse and waste removal for cleaning associated with unhoused encampments and illegal dumping. The contract was originally authorized for $100,000 in Fiscal Year 2022. For FY22, the City expended $50,872 on this contract; $41,469 11.2 Packet Pg. 94 was spent on illegal dumping and unhoused encampment cleanups. $9,403 was spent on a diesel spill on Monterey and Highway 101 emergency call-out. There currently remains a balance under the contract of $49,12 8. The agreement was extended with its first annual option for its contract term length, but no budget amendment was approved with that extension. ANALYSIS There is an unhoused encampment currently located under the Monterey Bridge and the Longhouse Restaurant on the southwest corner of Monterey Road and Howson Street. Their location under the building and bridge is a dangerous condition. The specific safety issues include being in a steep canal, under a bridge in the event of rain or water flow, and the presence of open fire pits being used under the restaurant where exposed piping (potentially some of them being gas lines) extends down and along the underside of the restaurant. It has also been identified that there are hazardous materials within the encampment. Staff and NRC Environmental walked the site and the City received an estimate for the work totaling $58,375, which is $9,247 more than what is currently available under the Council-approved contract. Staff is asking for an amendment to the contract to bring the total not-to-exceed amount to $130,000. The additional $20,000 is intended to be a contingency in case of conditions at the site require more billable resources to complete the cleanup work, such as hazardous materials or other unknown conditions are present. ALTERNATIVES Council may choose to deny the amendment. Staff does not recommend this option, as the scope of cleanup would have to be reduced to stay under the existing contract amount. For safety reasons, this is work that has to be completed. FISCAL IMPACT/FUNDING SOURCE The contract increase is proposed for $30,000. However, the actual costs are planned to be absorbed within the City’s current appropriations for Fiscal Year 2023. CONCLUSION If approved, staff will then finalize the signature process and send the completed amendment to the contractor, and the work will be performed. Attachments: 1. Second Amendment to Agreement with NRC Environmental Services 2. US Ecology - Executed Agreement 3. First Amendment to Agreement with NRC Environmental Services 11.2 Packet Pg. 95 4885-5914-7809v2 SSCORDELIS\04706083 SECOND AMENDMENT TO THE AGREEMENT WITH NRC ENVIRONMENTAL SERVICES FOR ILLEGAL DUMPING AND HOMELESS ENCAMPMENT CLEANUP THIS SECOND AMENDMENT TO THE AGREEMENT (this “Second Amendment”), by and among the CITY OF GILROY, a California municipal corporation (“CITY”), and NRC ENVIRONMENTAL SERVICES, a California corporation (“CONTRACTOR”), is entered into as of October 3, 2022. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in that certain Agreement for Services, effective October 4, 2021 (the “Original Agreement”), by and between the CITY and CONTRACTOR. RECITALS WHEREAS, the CITY and CONTRACTOR are parties to that certain Agreement, dated as October 4, 2021 (“Original Agreement”), as amended by that certain First Amendment to the Agreement with NRC Environmental Services for Illegal Dumping and Homeless Encampment Cleanup, having an effective date of October 4, 2022 (“First Amendment”), whereby the CONTRACTOR provides cleanup services for the City, primarily relating to illegal dumping and homeless encampment cleanup; and WHEREAS, the Original Agreement and First Amendment shall hereinafter be collectively referred to as the “Agreement”; and WHEREAS, CITY and CONTRACTOR desire to conduct additional work that is estimated to exceed the not-to-exceed amount of the Agreement, established in Article 4(A); and WHEREAS, CITY and CONTRACTOR desires to increase the maximum total compensation by $30,000. NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES AGREE TO AS FOLLOWS: 1. Incorporation of Recitals. The foregoing recitals are agreed to, accepted and incorporated herein by reference. 2. Amendment to Compensation. Article 4, Section A entitled “Consideration” is hereby amended to read as follows: A. Consideration In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONTRACTOR exceed one hundred thirty thousand dollars ($130,000.00). 3. Counterparts. This Amendment may be executed in one or more facsimile or original counterparts, each of which shall be deemed an original and both of which together shall constitute one and the same instrument. 11.2.a Packet Pg. 96 Attachment: Second Amendment to Agreement with NRC Environmental Services (3992 : Contract Amendment - US Ecology) 4885-5914-7809v2 SSCORDELIS\04706083 4. Ratification. All other terms and provisions of the Agreement shall remain in full force and effect. 5. Authorization. Each party executing this Amendment represents and warrants that it is duly authorized to cause this Amendment to be executed and delivered. IN WITNESS WHEREOF, the parties execute this Second Amendment to the Agreement with NRC Environmental Services for Illegal Dumping and Homeless Encampment Cleanup Services as of the date first written above. CONTRACTOR: CITY: NRC ENVIRONMENTAL, a California corporation CITY OF GILROY a municipal corporation By: _________________________________ By: _________________________________ Gary Burns Vice President, California Operations Jimmy Forbis City Administrator Approved as to Form ATTEST: By: _________________________________ By: _________________________________ City Attorney City Clerk 11.2.a Packet Pg. 97 Attachment: Second Amendment to Agreement with NRC Environmental Services (3992 : Contract Amendment - US Ecology) -1- AGREEMENT FOR SERVICES (For contracts over $5,000 NON-DESIGN, NON-ENGINEERING TYPE CONTRACTOR) This AGREEMENT made this 4th day of October, 2021, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONTRACTOR: NRC Environmental Services, , having a principal place of business at 1605 Ferry Point, Alameda, CA 94501. TERM OF AGREEMENT This Agreement will become effective on October 4th, 2021 and will continue in effect through October 4th, 2022, with two, one-year extension options through October 4th, 2023 and October 4th, 2024, respectively, 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 INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONTRACTOR 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 CONTRACTOR or any employee or agent of CONTRACTOR. Both parties acknowledge that CONTRACTOR is not an employee for state or federal tax purposes. CONTRACTOR employees, including, without limitation, disability or unemployment insurance, workers compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONTRACTOR shall retain the right to perform services for others during the term of this Agreement. SERVICES TO BE PERFORMED BY CONTRACTOR A. Specific Services CONTRACTOR agrees to: Perform the services as outlined in Exhibit 11.2.b Packet Pg. 98 Attachment: US Ecology - Executed Agreement (3992 : Contract Amendment - US Ecology) -2- B. Method of Performing Services CONTRACTOR shall determine the method, details and means of performing the above-described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONTRACTOR C. Employment of Assistants CONTRACTOR may, at the CONTRACTOR CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONTRACTOR performance of those services. CONTRACTOR assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONTRACTOR shall perform the services required by this Agreement at any place or location and at such times as CONTRACTOR shall determine is necessary to properly and timely perform CONTRACTOR COMPENSATION A. Consideration In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in In no event however shall the total compensation paid to CONTRACTOR exceed one hundred thousand dollars ($100,000.00). B. Invoices CONTRACTOR shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in . No payment will be made unless CONTRACTOR has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit , Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONTRACTOR of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. 11.2.b Packet Pg. 99 Attachment: US Ecology - Executed Agreement (3992 : Contract Amendment - US Ecology) -3- D. Expenses CONTRACTOR 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 CONTRACTOR, all fees, fines, licenses, bonds or taxes required of or imposed against CONTRACTOR and all other of CONTRACTOR responsible for any expenses incurred by CONTRACTOR in performing services for CITY, except OBLIGATIONS OF CONTRACTOR A. Tools and Instrumentalities CONTRACTOR shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase or rent any tools, equipment or services from CITY. B. CONTRACTOR tion insurance for CONTRACTOR 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, death of any of CONTRACTOR C. Indemnification of Liability, Duty to Defend As to all liability, to the fullest extent permitted by law, CONTRACTOR shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including omission of CONTRACTOR or CONTRACTOR 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, CONTRACTOR shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof. CONTRACTOR shall furnish written evidence of such coverage (naming CITY, its officers and 11.2.b Packet Pg. 100 Attachment: US Ecology - Executed Agreement (3992 : Contract Amendment - US Ecology) -4- 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 CONTRACTOR under this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONTRACTOR CONTRACTOR shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONTRACTOR acknowledges and agrees that: CITY will not withhold FICA (Social Security) from CONTRACTOR payments; CITY will not make state or federal unemployment insurance contributions on CONTRACTOR CITY will not withhold state or federal income tax from payment to CONTRACTOR; CITY will not make disability insurance contributions on behalf of CONTRACTOR; CONTRACTOR. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONTRACTOR and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONTRACTOR B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONTRACTOR. Such assignment shall not release CONTRACTOR from any of CONTRACTOR 11.2.b Packet Pg. 101 Attachment: US Ecology - Executed Agreement (3992 : Contract Amendment - US Ecology) -5- TERMINATION OF AGREEMENT A. Sale of CONTRACTOR eath of CONTRACTOR. CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR 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 CONTRACTOR set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after If CONTRACTOR is an individual, this Agreement shall be deemed automatically terminated upon death of CONTRACTOR. B. Termination by City for Default of CONTRACTOR Should CONTRACTOR default in the performance of this Agreement or materially breach any of its pr notification to CONTRACTOR. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONTRACTOR failure to professionally and/or timely perform any of the services contemplated by this Agreement. 2. CONTRACTOR contained in this Agreement. CONTRACTOR shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONTRACTOR CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY may have, CONTRACTOR shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONTRACTOR for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed-Upon Payments Should CITY fail to pay CONTRACTOR 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, CONTRACTOR, at the CONTRACTOR e this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONTRACTOR to CITY. 11.2.b Packet Pg. 102 Attachment: US Ecology - Executed Agreement (3992 : Contract Amendment - US Ecology) -6- D. Transition after Termination Upon termination, CONTRACTOR shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONTRACTOR shall cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in connection with this Agreement. CONTRACTOR shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONTRACTOR CONTRACTOR hired by the CITY to complete such services. 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 CONTRACTOR shall comply fully with all applicable may be amended from time to time. CONTRACTOR shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONTRACTOR shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reaso CONTRACTOR, its subcontractors, or the officers, employees, agents or representatives of either. C. 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 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 CONTRACTOR 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, 11.2.b Packet Pg. 103 Attachment: US Ecology - Executed Agreement (3992 : Contract Amendment - US Ecology) -7- and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONTRACTOR agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. F. Conflict of Interest CONTRACTOR certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. 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 CONTRACTOR for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. 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 , 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. 11.2.b Packet Pg. 104 Attachment: US Ecology - Executed Agreement (3992 : Contract Amendment - US Ecology) -8- 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 CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONTRACTOR: CITY: NRC Environmental dba US Ecology CITY OF GILROY By: By: Name: Gary Burns Name: Jimmy Forbis Title: Vice President, California Operations Title: City Administrator Social Security or Taxpayer Identification Number Approved as to Form ATTEST: City Attorney City Clerk 11.2.b Packet Pg. 105 Attachment: US Ecology - Executed Agreement (3992 : Contract Amendment - US Ecology) -1- SPECIFIC PROVISIONS I. PROJECT MANAGER CONTRACTOR shall provide the services indicated on the attached , Scope of accomplish that end, CONTRACTOR agrees to assign Stepahnie Nguyen, 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, CONTRACTOR shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED/COMPLETION OF SERVICE A. NOTICE TO PROCEED CONTRACTOR shall commence the Services upon delivery to CONTRACTOR of a written 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, Bryce Atkins shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONTRACTOR or if otherwise delivered as provided in the Section V.H. Exhibit . B. COMPLETION OF SERVICES When CITY determines that CONTRACTOR has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONTRACTOR written Notice of Final Acceptance, and CONTRACTOR shall not incur any further costs hereunder. CONTRACTOR may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONTRACTOR has not completed all of such Services as required by this Agreement, CITY shall so inform CONTRACTOR within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached . IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONTRACTOR as provided for in Article 4 of this Agreement. 11.2.b Packet Pg. 106 Attachment: US Ecology - Executed Agreement (3992 : Contract Amendment - US Ecology) -2- Direct expenses are charges and fees not included in . CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONTRACTOR shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONTRACTOR represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONTRACTOR skills, qualifications and licenses. CONTRACTOR shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well-organized, technically and grammatically correct, 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 CONTRACTOR CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONTRACTOR shall not be responsible for the accuracy of any project or technical information provided by the CITY. The as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR shall maintain for a minimum period of three (3) years (from the date of final payment to CONTRACTOR), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONTRACTOR, all of which shall be made available to CITY at the 11.2.b Packet Pg. 107 Attachment: US Ecology - Executed Agreement (3992 : Contract Amendment - US Ecology) -3- 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 CONTRACTOR and all other written and oral information developed or received by or for CONTRACTOR and all other written and oral information submitted to CONTRACTOR in connection with the performance of this Agreement shall be held confidential by CONTRACTOR and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONTRACTOR which is otherwise known to CONTRACTOR or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONTRACTOR CONTRACTOR shall not stribute 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. Under no circumstances shall CONTRACTOR have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. 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 CONTRACTOR may retain and use copies thereof subject to Section V.D of this . CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONTRACTOR shall not be responsible for, and City shall indemnify CONTRACTOR from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. 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. 11.2.b Packet Pg. 108 Attachment: US Ecology - Executed Agreement (3992 : Contract Amendment - US Ecology) -4- H. NOTICES. Notices are to be sent as follows: CITY: Bryce Atkins City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONTRACTOR: Gary Burns, Vice President, California Operations US Ecology 1605 Ferry Point Alameda, CA 94501 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 CONTRACTOR shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs. 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 CONTRACTOR warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 11.2.b Packet Pg. 109 Attachment: US Ecology - Executed Agreement (3992 : Contract Amendment - US Ecology) -1- SCOPE OF SERVICES General Scope of Services A. As directed by the CITY through an issued work order, provide turnkey illegal dumping and homeless encampment site cleanup for a safe and clean site by removing large items, biohazardous material and other illegally dumped and encampment waste material. CONTRACTOR RESPONSIBILITIES A. Site Assessments 1. CONTRACTOR shall meet with the CITY at the proposed site to be cleaned for initial assessment. CONTRACTOR shall be able to meet with the CITY on the proposed site within 72 business hours. The site assessment will be for a work order that will establish the site cleanup start date, estimated timeframe of the work, staging areas, traffic control (if required), any special scope of work items specific to the site and the name of the onsite representative(s). 2. CONTRACTOR will prepare a proposed schedule for the cleaning of the site, and cost estimate, based upon the results of the assessment meeting. The cost estimate will be itemized and based on time and materials. The estimated schedule and cost estimate will be produced by CONTRACTOR and issued to the CITY within 48 business hours of the end of the assessment meeting. 3. Upon issuance of a work order, the CONTRACTOR shall execute the work dilligently, in conformance with any federal, state, and/or local regulations and permit requirements. B. Cleanup Activities 1. Cleanup duties shall include, but are not limited to, surveying sites, collecting debris, dismantling temporary structures, removal of trash, removal of human waste, and State approved handling and removal of all material. 2. CONTRACTOR shall supply all labor, material, tools, protective clothing and gear, and equipment that is required or needed to perform the work to handle, remove, transport, and dispose of the waste materials and leave a clean site. 3. CONTRACTOR shall provide all supervision and management of crews and sub-contractors contact. 4. Site supervisor and worker(s) must be trained and certified in handling and disposal of hazardous materials. Copies of any applicable training records, certifications, and licenses required to perform this work shall be submitted to CITY for staff assigned to complete a work order issued prior to commencement of the work. Encampment sites are considered to contain a variety of materials that may contain hazardous materials, including biohazardous materials, garbage, 11.2.b Packet Pg. 110 Attachment: US Ecology - Executed Agreement (3992 : Contract Amendment - US Ecology) -2- general debris, human waste, constructed temporary shelters, and other items associated with homeless occupancy. Illegal dumping sites are considered to contain a variety of large items including furniture, appliances, motors, tires, construction debris, automobile parts, bicycles, mattresses, box springs, garbage, general debris, and other items as may be dumped illegally. 5. Disposal shall be at a site permitted to accept such materials. If CONTRACTOR will be renting bins or containers as part of the cleanup, or hiring a separate company for material disposal, it must use the CITY'S exclusive refuse hauler, Recology South Valley. 6. CONTRACTOR shall photograph posted notices and the condition of the site prior to work and after work is completed. 7. CONTRACTOR shall photograph the illegal dumping or encampment site before and after cleaning and provide an electronic copy of each photograph to the CITY. 8. CONTRACTOR shall provide bags and tags, and identify and tag certain items as "personal property". Such items include but are not limited to unsoiled items in good repair such as tents, backpacks, medication, eye glasses, books, jewelry, stoves, audio equipment, toiletries, personal records, handbags, personal photographs, duffel bags, bedrolls, blankets, watches, and clean clothing. The CONTRACTOR will transport identified property for storage to a site designated by the CITY as listed in each work order issued. In addition, the City will provide training and written instructions as required for the CONTRACTOR to help identify, sort, tag, and catalogue what will be retained as personal property. CONTRACTOR will also be responsible for posting notice at each cleanup indicating contact information for reclaiming personal property. 9. CONTRACTOR shall notify the CITY when the work is complete and provide a cleanup report for each site, including total weight of debris removed. 10. CONTRACTOR shall notify the CITY'S designated representative in the event that the site becomes occupied again prior to or during the work, or if an adjacent homeless encampment is discovered in the general area during a project to obtain authorization prior to proceeding with any additional work that was not identified in the original work order scope. 11. CONTRACTOR shall follow best practices work procedures to safely manage any hazardous materials found on the jobsite, including urine, feces, solid personal hygiene items, syringes, and other materials which could pose a health threat. 12. CONTRACTOR shall trim shrubs and vegetation, as requested by the CITY, as a deterrent measure for future encampments. 13. CONTRACTOR shall immediately contact the Gilroy Police Department if a weapon, illegal contraband, or evidence of criminal activity is found. 14. CONTRACTOR shall always perform work in a timely and efficient manner and in a courteous and business-like manner. 15. CONTRACTOR shall properly handle and dispose of solid waste and hazardous waste in accordance with all applicable laws. 11.2.b Packet Pg. 111 Attachment: US Ecology - Executed Agreement (3992 : Contract Amendment - US Ecology) -3- 16. CONTRACTOR shall comply with the Local, State, and Federal National PoIIutant Discharge Elimination System (NPDES) regulations at all times while providing cleaning services for the City. 17. The CONTRACTOR shall apply Best Management Practices (BMPs) for all pollution prevention of the discharge of human waste and other biohazards, cleaning agents, waste, trash, debris, and other pollutants to the storm drain and receiving waters. 18. All material, parts, equipment, and chemicals used or furnished pursuant to the specifications of this contract shall be in compliance with the laws and regulations of the CITY, the State of California, and OSHA. The CONTRACTOR shall provide to the CITY all Material Safety Data Sheets and certifications and evidence of such compliance. Use of all chemicals and other supplies shall be approved by the CITY prior to their use. 19. The CONTRACTOR will be responsible for all damages to the CITY'S facilities, their contents, or other CITY-owned improvements, caused by the CONTRACTOR, its staff, or its sub- contractors during the performance of their duties. The CONTRACTOR shall protect all furnishings and improvements from damage by its operations. All damage shall be repaired or replaced, at the option of the CITY, at the CONTRACTOR'S expense within a reasonable time after notification of such damage. Repairs and/or replacements shall be equal to original in all aspects. 20. The CONTRACTOR shall comply with all local sound control and noise level rules, regulations, and ordinances applicable to work performed pursuant to the contract. Each internal combustion engine used on the job or related to the job shall be equipped with a muffler of a type on the project without a properly functioning muffler. A noise level limit of 85 dBA at a distance of 50 feet shall apply to all equipment on or related to the job. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. No maintenance functions that generate excess noise that would cause annoyance to residents near any work site shall begin before 8:00 am. C Safety and Training 1. Safety and appropriate training/licensing are critical requirements. At no time is the CONTRACTOR expected to interact with the homeless residents or put their employees at risk. 2. CONTRACTOR shall comply with all safety rules, protocols, and licensing requirements mandated by the CITY, Santa Clara County, and the State of California.C. Work may be performed in inclement weather. Jobsites can be in heavy foliage, steep embankments, next to highways or roads, and other areas requiring alertness to the environment and pre-planning to prevent injury or illness. CONTRACTOR shall perform a hazard assessment and provide all training and supplies necessary. 3. CONTRACTOR shall be OSHA certified to operate any heavy equipment required to complete the illegal dumping or encampment clean-up work, including trash compactors, bulldozers, graders or other ground moving equipment. 11.2.b Packet Pg. 112 Attachment: US Ecology - Executed Agreement (3992 : Contract Amendment - US Ecology) -4- 4. CONTRACTOR shall conform to all applicable occupational safety and health standards, rules, regulations, and orders established by the California Department of Industrial Relations. The CONTRACTOR shall provide all safety equipment, materials, and will supply training as required. The CONTRACTOR shall provide its employees with appropriate safety apparel. This apparel shall include but not be limited to hardhats, safety glasses, vest, gloves, coverall suits , face coverings, and leather (or adequately puncture resistant) boots. 5. CONTRACTOR odborne Pathogen Standard §5193. Additionally, employees must be trained with precautions regarding West Nile Virus, hantavirus, histoplasmosis and other possible environmental threats posed from cleanup activities. 6. Employees must have work procedures to be able to safely manage urine, feces, soiled personal hygiene items, syringes, and other materials which could pose a health threat. Wearing Personal Protective Equipment and following other protocols established for this situation must be followed. The CONTRACTOR will dispose of this waste material and syringes by appropriate means in accordance with local, regional, state and federal laws. 7. During the COVID-19 pandemic, the CONTRACTOR shall provide the City with their COVID- 19 Response Plan explaining how they will operate to protect themselves when coming into contact with materials that may contain the virus. 8. CONTRACTOR shall provide copies of any training records and licenses required by the City upon request. D. Reporting CONTRACTOR shall provide a report for each site cleared which will include: 1. Date(s) of service. 2. Methods used to clear the site. 3. Staffing levels used. 4. Total hours on site. 5. Weight of debris removed. 6. General observations of the site and the work. 7. Notations of any issues encountered in conducting the work, whether internally or externally caused. D. Other Requirements 1. Prevailing wages must be paid for those individuals working on this Project. Certified Payroll documentation is required to be submitted to the Department of Labor. 11.2.b Packet Pg. 113 Attachment: US Ecology - Executed Agreement (3992 : Contract Amendment - US Ecology) -5- 2. A City Business License is required prior to performing work within the City. CITY RESPONSIBILITIES A. Site Assessments 1. Sites will be identified individually by the CITY. The City will make an effort, when possible, to cluster several sites. Sites may include locations under structures (e.g., bridges), open areas, vegetated ground cover, parks, in road right-of-way, and stormwater facilities. If Contractor is equipped to provide confined space entry, site locations may occasionally require confined space entry cleanup. Contractor will be required to coordinate all necessary permits as required. 2. Arrange for a site assessment meeting for each specific site to determine the work order to issue to the CONTRACTOR. B. Cleanup Support Activities 1. Issue a work order and install notice to vacate signs notifying encampment users of a minimum of a 72-hour notification to start time of a cleanup project. 2. timeframes to legally conduct the site clearing, as scheduled. 3. Gilroy Police Department will clear the site before the work is to commence and have staff remain on-scene during the cleanup project. 4. Provide a CITY representative to serve as a point of contact for reviewing work orders, authorizing work, addressing issues and questions. 5. CITY will obtain any required permits related to working within or around watercourse as it pertains to camp abatement. Additionally, the CITY will inform the CONTRACTOR of any regulations or mitigation measures that must be followed per permit(s) requirements, including but not limited to, any permits required by the California Regional Water Quality Control Board, U.S. Army Corp of Engineers or California Department of Fish and Wildlife. 6. Receive any personal property identified, tagged and relocated by the CONTRACTOR to the storage facility, and store it in accordance with all applicable laws and policies. 11.2.b Packet Pg. 114 Attachment: US Ecology - Executed Agreement (3992 : Contract Amendment - US Ecology) -1- MILESTONE SCHEDULE The generation and issuing of work orders under this contract will require the following milestone schedule: 1. CONTRACTOR must meet with CITY'S representative(s) within 72 hours notice of a request to meet and assess a site for cleanup activities and creation of the work order 2. CONTRACTOR is to supply a cost estimate and proposed schedule for the work order within 48 hours after the initial site assessment meeting 3. CITY will then issue a work order to CONTRACTOR within 24 hours after receiving the estimate and schedule, unless there are questions or concerns regarding the estimate or schedule. 4. CONTRACTOR will then mobilize within 72 hours after receiving authorization to proceed from the CITY There are no overarching milestones beyond the response timeframes noted above. Each work order will establish its own milestones for the specific work order, as will be discussed in assessing sites and planning the work order(s). 11.2.b Packet Pg. 115 Attachment: US Ecology - Executed Agreement (3992 : Contract Amendment - US Ecology) PAYMENT SCHEDULE 1. Payments shall be due net 30 days after invoicing from CONTRACTOR. Specific payment terms may be established within each work order issued. 2. The contract payments will be based on time and materials. Documentation of employee hours, sub-consultant costs, equipment and material costs, and disposal costs shall be provided by the CONTRACTOR to the CITY. 3. Rates shall be set for the duration of this contract per the rate sheets from CONTRACTOR attached to and incorporated into this exhibit. The maximum increase in rates for each contract renewal option shall be at a rate of 3.00%. 11.2.b Packet Pg. 116 Attachment: US Ecology - Executed Agreement (3992 : Contract Amendment - US Ecology) 11.2.b Packet Pg. 117 Attachment: US Ecology - Executed Agreement (3992 : Contract Amendment - US Ecology) 11.2.b Packet Pg. 118 Attachment: US Ecology - Executed Agreement (3992 : Contract Amendment - US Ecology) 11.2.b Packet Pg. 119 Attachment: US Ecology - Executed Agreement (3992 : Contract Amendment - US Ecology) 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) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Willis Towers Watson Insurance Services West, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA NRC Environmental Services Inc. 1605 Ferry Point Alameda, CA 94501 Certificate Holder is included as an Additional Insured as respects to General Liability, Auto Liability, Excess Liability, Contractors Pollution Liability and Professional Liability as per written contract. General Liability, Auto Liability, Excess Liability, Contractors Pollution Liability and Professional Liability policies shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by SEE ATTACHED City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 09/27/2021 1-877-945-7378 1-888-467-2378 certificates@willis.com Zurich American Insurance Company 16535 American Guarantee and Liability Insurance Interstate Fire & Casualty Company 26247 22829 Aspen Specialty Insurance Company 10717 Allied World Assurance Company US Inc 19489 W22268574 A 2,000,000 500,000 25,000$250,000 SIR XCU 2,000,000 4,000,000 4,000,000 Y Y GLO-4525419-00 05/01/2021 05/01/2022 A 2,000,000 05/01/202205/01/2021 MCS-90 Included Y Y BAP-4525418-00 B 10,000,000 0 Y Y SXS-4179946-00 05/01/2021 05/01/2022 10,000,000 WC-4525417-00AY 1,000,000No04/30/2021 05/01/2022 1,000,000 1,000,000 C Excess Liability - Auto Buffer Each OccurrenceUSZ0003032005/01/2021 05/01/2024 Over Auto Only 224988021630313SR ID:BATCH: $3,000,000 Willis Towers Watson Certificate Center Page 1 of 2 11.2.b Packet Pg. 120 Attachment: US Ecology - Executed Agreement (3992 : Contract Amendment - US Ecology) ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: NRC Environmental Services Inc. 1605 Ferry Point Alameda, CA 94501 Additional Insured as per written contract. Waiver of Subrogation applies in favor of Additional Insured with respects to General Liability, Auto Liability, Excess Liability, Workers Compensation, Contractors Pollution Liability and Professional Liability as permitted by law. The Excess Policy is follow form and in excess of liability coverage, with the exception of the pollution liability policy evidenced. Stop Gap Coverage is included for ND, OH, WA, and WY. Additional Insureds: City of Gilroy, officers and employees INSURER AFFORDING COVERAGE: Aspen Specialty Insurance Company NAIC#: 10717 POLICY NUMBER: ERAFKTK21 EFF DATE: 08/01/2021 EXP DATE: 08/01/2022 ADDITIONAL INSURED: Y SUBROGATION WAIVED: Y TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Contractors Pollution & Each Incident $15,000,000 Professional Liability Aggregate $15,000,000 Retro Date: 08/1/96 Ded: Per Incident $250,000 INSURER AFFORDING COVERAGE: Allied World Assurance Company US Inc NAIC#: 19489 POLICY NUMBER: 0313-0024 EFF DATE: 08/01/2021 EXP DATE: 08/01/2022 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Excess Contractors Pollution & Each Incident $10,000,000 Professional Liability Aggregate $10,000,000 ADDITIONAL REMARKS: The Excess Contractors Pollution and Professional Liability Policy is follow form and in excess of underlying Contractors Pollution and Professional Liability coverage. 2 2 Willis Towers Watson Insurance Services West, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W22268574CERT:2249880BATCH:21630313SR ID: 11.2.b Packet Pg. 121 Attachment: US Ecology - Executed Agreement (3992 : Contract Amendment - US Ecology) 11.2.b Packet Pg. 122 Attachment: US Ecology - Executed Agreement (3992 : Contract Amendment - US Ecology) 4885-5914-7809v2 SSCORDELIS\04706083 FIRST AMENDMENT TO THE AGREEMENT WITH NRC ENVIRONMENTAL SERVICES FOR ILLEGAL DUMPING AND HOMELESS ENCAMPMENT CLEANUP THIS FIRST AMENDMENT TO THE AGREEMENT (this “First Amendment”), by and among the CITY OF GILROY, a California municipal corporation (“CITY”), and NRC ENVIRONMENTAL SERVICES, a California corporation (“CONTRACTOR”), is entered into as of September 16, 2022, but made effective as of October 4, 2022. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in that certain Agreement for Services, effective October 4, 2021 (the “Agreement”), by and between the CITY and CONTRACTOR. RECITALS WHEREAS, the CITY and CONTRACTOR entered into the Agreement, whereby the CONTRACTOR provides cleanup services for the City, primarily relating to illegal dumping and homeless encampment cleanup; and WHEREAS, the Agreement had an initial term of one year, from October 4, 2021 through October 4, 2022; and WHEREAS, the Agreement provides in Article 1 that the term of the agreement may be extended for up to two (2) additional one (1) year terms, to a maximum of three (3) years; and WHEREAS, CITY and CONTRACTOR desires to exercise the first one-year extension option (as identified in Article 1 of the Agreement), and CITY and CONTRACTOR desire to memorialize such exercise, subject to the terms and conditions stated herein. NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES AGREE TO AS FOLLOWS: 1. Incorporation of Recitals. The foregoing recitals are agreed to, accepted and incorporated herein by reference. 2. Extended Term of Agreement. CITY and CONTRACTOR hereby exercise the first one-year term extension option, and as a result of such exercise, (A) the term of the Agreement is extended, and will now expire October 4, 2023 (unless earlier terminated or extended pursuant to the terms and conditions of the Agreement), and (B) CITY and CONTRACTOR have one (1) remaining option to extend the term of the Agreement for a period of one (1) year, subject to the terms and conditions of the Agreement. 3. Counterparts. This Amendment may be executed in one or more facsimile or original counterparts, each of which shall be deemed an original and both of which together shall constitute one and the same instrument. 4. Ratification. All other terms and provisions of the Agreement shall remain in full force and effect. DocuSign Envelope ID: B7DDBC43-655F-46C2-B230-F191A7FE78AFDocuSign Envelope ID: B32E9DFF-6865-4AFE-9953-69C045CC4BC1 11.2.c Packet Pg. 123 Attachment: First Amendment to Agreement with NRC Environmental Services (3992 : Contract Amendment - US Ecology) 4885-5914-7809v2 SSCORDELIS\04706083 5. Authorization. Each party executing this Amendment represents and warrants that it is duly authorized to cause this Amendment to be executed and delivered. IN WITNESS WHEREOF, the parties execute this Amendment to Agreement for Illegal Dumping and Homeless Encampment Cleanup Services as of the date first written above. CONTRACTOR: CITY: NRC ENVIRONMENTAL, a California corporation CITY OF GILROY a municipal corporation By: By: Gary Burns Vice President, California Operations Jimmy Forbis City Administrator Approved as to Form ATTEST: By: By: City Attorney City Clerk DocuSign Envelope ID: B7DDBC43-655F-46C2-B230-F191A7FE78AFDocuSign Envelope ID: B32E9DFF-6865-4AFE-9953-69C045CC4BC1 11.2.c Packet Pg. 124 Attachment: First Amendment to Agreement with NRC Environmental Services (3992 : Contract Amendment - US Ecology) City of Gilroy STAFF REPORT Agenda Item Title: Fiscal Year 2022-23 1st Quarter Department and Legislative Work Plan Update Meeting Date: October 3, 2022 From: Jimmy Forbis, City Administrator Department: Administration Submitted By: Jimmy Forbis, City Administrator Prepared By: Bryce Atkins, Senior Management Analyst Strategic Plan Goals  Develop a Financially Resilient Organization  Ensure Neighborhood Equity from City Services  Promote Economic Development Activities  Promote Safe, Affordable Housing for All  Maintain and Improve City Infrastructure RECOMMENDATION Council receive the report. BACKGROUND During the budget development and adoption process for Fiscal Years 2021 -22 and 2022-23, the City’s legislative agenda and departmental workplans were presented and incorporated into the City’s strategic plans for the two fiscal years. Staff has been advancing the workplans and legislative agenda since the adoption of the budget and is presenting a report on accomplishments from adoption to the end of the first quarter of Fiscal Year 2023. 11.3 Packet Pg. 125 ANALYSIS Council’s Legislative Agenda Status The City Council adopted a legislative agenda consisting of 16 items for the City to work on during the two-year period. Attached to this staff report is a table describing the current status of the 16 items. To date six are completed, four of which are ongoing in nature. Five are underway currently; and the last five are pending. Most of the pending items are at some stage of progress but delayed due to other processes needing to be completed first or looking for grant funding to fund the project. Council Initiated Items The City Council, since July 1, 2021, has directed staff to place for discussion at various Council meetings an additional 20 Council-initiated items (36 total). Below is a listing of the items requested, and when they were heard by Council: 1. Discussion/Update on Fentanyl in the community (December 6, 2021) 2. Board and Commission Efficiency (November 15, 2021 and January 10, 2022) 3. Revision of the City Flag Flying Policy (February 7, 2022) 4. City Policy – Gift receiving for City Hall (February 28, 2022) 5. City policy for equity and inclusion on Boards and Commissions/ Potential City policy for Justice, Equity, Diversity, and Inclusion (March 7, 2022) 6. Assembly Bill 1944 Discussion regarding virtual Council Meeting participation (March 21, 2022) 7. Pickleball Update (April 4, 2022) 8. Update on Cohansey and Monterey (May 2, 2022) 9. Update on the Sergeant Quarry (May 2, 2022) 10. Update on Unhoused Ad-Hoc Committee Recommendations (May 2, 2022) 11. Report Back on City Options regarding the homeless (July 5, 2022) 12. Sergeant Quarry Update and Council Position (August 15, 2022 and September 12, 2022) 13. Potential City Closure for Cesar Chavez Day (September 19, 2022) Currently, there are five outstanding Council-Initiated items to be brought back before Council, included in the total number or Council-initiated items listed above: 14. Smoking Pollution Control – City Code Chapter 19B Amendment – scheduled for October 3, 2022 15. Justice, Equity, Diversity and Inclusion Policy Consultant Selection – tentatively scheduled for November 7, 2022. 16. Agricultural Operations (Beekeeping) in City Limits – tentatively scheduled for November 21, 2022. 17. Social Host Ordinance Review – date to be determined. 18. Drive throughs near residential areas – date to be determined. 11.3 Packet Pg. 126 19. Safe parking/camping on City owned properties – date to be determined. 20. Challenge Grant Council Discussion – date to be determined. Department Workplans Attached is the report through the 1st Quarter of FY23. Each department has included accomplishments and progress on various work items. The report has accomplishments grouped under each department by heading. ALTERNATIVES None, this is a report of activities – no action is proposed to offer alternatives. FISCAL IMPACT/FUNDING SOURCE None. CONCLUSION The departments have been active in pursuing the attainment of the goals of the Council and each department’s workplan. Work will continue throughout the remainder of the fiscal year, and staff will be returning with further updates to Council. NEXT STEPS Staff will continue to advance the workplans and legislative agenda, alongside other projects and tasks of the City. Attachments: 1. Legislative Agenda Update - FY23Q1 2. Department Workplans Update FY23Q1 11.3 Packet Pg. 127 Council’s Legislative Agenda – FY23 Quarter 1 Update Fiscal Years 2021-22 and 2022-23 Council Policy/Program Responsible Department Status In-Lieu Fees vs. Allocations Community Development Pending. Work on the inclusionary housing policy continues. Considerations of possible affordable housing policy elements were presented to Council on October 25, 2021. Policy recommendations were confirmed at the August 29, 2022 Housing Element study session for the policy to be included in the Draft 2023-2031 Housing Element. Staff will return to Council with more detailed recommendations for the policy after Housing Element adoption. Renter Protection Policies Administration Completed. Item was taken to the City Council for consideration, and Council directed that no policy was to be created. 5-Year Street Repair Public Works Completed and Ongoing. The Five-Year Street Repair Program was approved by the City Council on September 13, 2021, increasing the funding and using the blended pavement restoration approach. Year two of the program is underway. Downtown/Rule 20 Undergrounding Public Works Underway. The Downtown Ad Hoc Committee recommendation, the Clean California Grant for Gourmet Alley project, and Rule 20 undergrounding of utility poles are currently in early planning phases for a project. Due to timing constraints, the Grant project will be completed prior to the Rule 20 options, to meet the requirements of the $3.9 million grant funds for Gourmet and Railroad Alley improvements. Grant Writing Administration Completed and Ongoing. The City has hired a grant writing firm, California Consulting. Approximately $5 million in grant funds have been received. At the September 19, 2022 Council Meeting, Council approved a Management Analyst position in the Administration Department with a focus on grant writing. Downtown Specific Plan Community Development Pending. Staff is seeking grant funding to update the Downtown Specific Plan. Parking Management Public Works Underway. The City Council has approved and awarded a contract to W-Trans for development of the Downtown Parking Management Plan. This document will provide information and recommendations to manage parking in the downtown area. The work is anticipated to extend into future reporting periods. 11.3.a Packet Pg. 128 Attachment: Legislative Agenda Update - FY23Q1 (3977 : FY23 Q1 Department and Legislative Workplan Council’s Legislative Agenda – FY23 Quarter 1 Update Fiscal Years 2021-22 and 2022-23 Council Policy/Program Responsible Department Status Downtown Parklets Community Development/ Public Works Pending. Work on the parklets is being placed on hold pending the result of the parking management plan. The work on the parking management plan will impact downtown parklet placement, both general parklets and outdoor dining parklets, given their impact on parking availability. Unhoused Community Administration Completed and Ongoing. Unhoused ad hoc committee met and developed 14 recommendations. The City continues to work on these recommended actions, some are time limited and others being ongoing programs and policies. Additionally, the currently vacant Program Administrator position and all unhoused and housing programs are transitioning to the Community Development Department. Additionally, Council and staff continue to work on matters associated with the unhoused community, to work with local service providers, and to help strike a balance between compassionate support for the unhoused, while keeping the peace and administering justice and enforcement for illegal activity that occurs in and around the unhoused community. Climate Action Benchmarks Community Development Pending. Staff is seeking grant funding to develop Climate Action Plan, including researching benchmarks. Reach Codes Community Development Underway. Staff presented options and received feedback from Council on August 1, 2022. Staff will include reach codes in the full Building Code adoption for Council consideration on November 7 and December 5, 2022 for reach codes becoming effective January 2023. Economic Incentives/Job Protection Administration Economic Incentives – Underway. Through the combined work of City Staff, in conjunction with the Downtown Ad Hoc Committee, economic incentive options have been in development, and are scheduled for presentation to Council on October 17, 2022 during the final report of the Downtown Ad Hoc Committee for Council consideration. 11.3.a Packet Pg. 129 Attachment: Legislative Agenda Update - FY23Q1 (3977 : FY23 Q1 Department and Legislative Workplan Council’s Legislative Agenda – FY23 Quarter 1 Update Fiscal Years 2021-22 and 2022-23 Council Policy/Program Responsible Department Status Job Protections – Pending. Staff will commence the discussion with Council in early 2023 to discuss its desire to pursue this item, and what specific policies it wishes to pursue relating to assisting those currently employed who are laid off from their positions, or are at risk of being laid off, due to recession, pandemic, businesses being purchased, and other similar instances. Public Safety/Mental Health Response Team Police Pending. Staff has established a partnership with the County’s Behavioral Health Mobile Crisis Response Team. This has been a beneficial partnership that has afforded us the ability to call the clinician assigned to South County to respond to non-criminal behavioral and mental health crisis incidents. The clinician assumes primary contact with the party and coordinates services accordingly. Their current schedule is limited, but we will continue to utilize their services with the goal of building capacity. Due to staffing shortages, we will continue to ask for MCRT’s assistance; as available, and evaluate an alternate model(s). Access to Technology Administration Underway. The City is currently preparing a grant application for an analysis and plan regarding options for fiber optic network infrastructure access for the City, including the areas of the city with higher densities of low-income households. Staff will be analyzing the City’s abilities to influence access to technology as it relates to allowing those with challenges (financial or otherwise) that limit their access, to attain greater access to help close the gap with those not experiencing challenging circumstances. Safe Parking Policy Administration Underway. The Safe Parking program was presented to the City Council, and a Request for Proposals was issued. Staff received one proposal that did not have required elements, and the proposal was rejected. Staff then commenced negotiations with the Compassion Center to initiate a program. After several months, no safe parking program has yet been able to be implemented. Current status and future programming are being evaluated with the vacancy of the 11.3.a Packet Pg. 130 Attachment: Legislative Agenda Update - FY23Q1 (3977 : FY23 Q1 Department and Legislative Workplan Council’s Legislative Agenda – FY23 Quarter 1 Update Fiscal Years 2021-22 and 2022-23 Council Policy/Program Responsible Department Status Program Administrator, and the transition of these efforts to Community Development. More information will be provided in future updates. RV Towing Policy Police Completed. Staff presented a report to Council on April 18, 2022, discussing the nature of the Gilroy Police Department Policy 510, vehicle towing and release, as well as current provisions in the Gilroy City Code. Additional information in the report discussed some of the procedural steps for towing large RVs. 11.3.a Packet Pg. 131 Attachment: Legislative Agenda Update - FY23Q1 (3977 : FY23 Q1 Department and Legislative Workplan Department Workplan Updates Quarterly Update – Fiscal Year 2023 Quarter 1 (FY23Q1) Administration • Renter Protection Policies (Legislative Agenda and Department Workplan) o Rejected by Council in early FY22. • Grant Writing (Legislative Agenda and Department Workplan) o California Consulting contracted. Successes with two large grants totaling $5 million to-date (Clean California Grant $4 Million, Cal OES Jumpstart Grant $1 Million). • Unhoused Community/Safe Parking Policy/Implementation of Homeless Ad Hoc Committee Recommendations (Legislative Agenda and Department Workplan) o Committee work completed. Work on recommendations proceeding – 13 of the 14 are completed or underway, with only the community cleanup days pending. • Create Gourmet Alley Stakeholder Working Group (Department Workplan) o Created November 1, 2021. Scope changed to Downtown. Committee closing October 17, 2022 – work transitioning to staff with Council oversight. • Hire Economic Development Manager (Department Workplan) o Completed – Hired Economic Development Analyst. • Pursue Opportunities for Sports Park (Department Workplan) o Community meeting held. Surplus Land Act work continuing with potential interested housing agencies . • Downtown Façade Program (Department Workplan) o Prior program completed. New cycle of funding coming before Council on October 17, 2022 for Council consideration. • Pursue Opportunities for Recreation Gateway Area at Hecker Pass (Department Workplan) o Surplus Land Act process completed, and the City entered into exclusive negotiations with a recreation destination developer. • Enhancing the Economic Development Website (non-plan update) o Pending. Small edits made, but more enhancements expected before end of the fiscal year . • Develop a Social Media Policy o Completed in FY22. • Enhance the Current Social Media Strategy o Completed in FY22. 11.3.b Packet Pg. 132 Attachment: Department Workplans Update FY23Q1 (3977 : FY23 Q1 Department and Legislative Department Workplan Updates Quarterly Update – Fiscal Year 2023 Quarter 1 (FY23Q1) • Develop a Process for Film Permits o Work continues. Anticipated completion December 2022. • Earned Media Strategy o Project readying to commence in early calend ar year 2023. Administrative Services • Facilities – Phase I Assessment of Environmental Remediation Work at Police Shooting Range (Department Workplan) o In process, quote for work obtained; project implementation carried over to FY 23. • Facilities – Oversee Solar Power Project Installation on City Facilities (Department Workplan) o In process, project approval scheduled for October 3 Council Meeting. • Fleet – Training of New Equipment Mechanic (Department Workplan) o Completed. • Fleet – Initiate Lease Purchase of a Type I Fire Engine (Department Workplan) o Lease-Purchase Process Completed; delivery of two new Type I Fire Engines scheduled for October, 2022. • Human Resources – Implementation of Human Capital Management Module of ERP (Department Workplan) o Completed – HCM went live on July 1, 2022. • Human Resources – C19 Response for Employees and Reopening of City Offices and Return to Onsite Work (Department Workplan) o Completed • Human Resources - Implementation of AFSCME MOU for FY 22 (Department Workplan) o Completed • Human Resources – Health Insurance Open Enrollment (Department Workplan) o 2022 Open Enrollment Process Completed; 2023 Open Enrollment Process underway. • Human Resources – Employee Ergonomics (Department Workplan) o Training completed; ergonomic evaluations are ongoing as needed. 11.3.b Packet Pg. 133 Attachment: Department Workplans Update FY23Q1 (3977 : FY23 Q1 Department and Legislative Department Workplan Updates Quarterly Update – Fiscal Year 2023 Quarter 1 (FY23Q1) • Information Technology – ERP Implementation (Department Workplan) o Finance and Human Capital Management modules completed; Utility Billing, Contracts, and Budget modules - implementation underway. • Information Technology – Land Management Implementation (Department Workplan) o In process; revised go live date set for Spring of 2023. • Information Technology – Citywide Desk Top Replacement (Department Workplan) o In process – project is approximately 97% complete. • Information Technology – Cybersecurity Assessment (Department Workplan) o Assessment completed; Implementation Plan and Resiliency Program drafts nearing finalization with target completion date of October 31, 2022. • Information Technology – Council Chambers Audio/Visual Modernization (Department Workplan) o Completed; separate from this project, additional improvements underway to include new cameras and streaming system with target completion by January 2023. Community Development • Develop Inclusionary Housing/Affordable Housing Incentive (in-lieu fee) Policy (Legislative Agenda and Department Workplan) o Council presentation and feedback on October 25, 2021; policy recommendations confirmed at August 29, 2022 Housing Element study session for policy to be included in Draft 2023-2031 Housing Element. Staff will return to Council with more detailed recommendations for the policy after Housing Element adoption. • Update Downtown Specific Plan (grant dependent) (Legislative Agenda and Department Workplan) o Staff seeking grant funding for update. • Develop Climate Action Plan (grant dependent) (Legislative Agenda and Department Workplan) o Staff seeking grant funding to develop plan, including researching benchmarks. • Develop Reach Codes (Legislative Agenda and Department Workplan) o Council presentation and initial feedback on September 13, 2021; Council presentation of reach code options and recommendations on August 1, 2022; include reach code adoption in full Building Code 11.3.b Packet Pg. 134 Attachment: Department Workplans Update FY23Q1 (3977 : FY23 Q1 Department and Legislative Department Workplan Updates Quarterly Update – Fiscal Year 2023 Quarter 1 (FY23Q1) adoption for Council on November 7 and December 5, 2022 for reach code becoming effective January 2023. • Update General Plan Housing Element o Consultant contract approved by Council on October 18, 2021; conducted community outreach meetings on March 30, June 28, and September 27, 2022; held City Council and Planning Commission joint study session on August 29, 2022; published Draft 2023-2031 Housing Element on September 12, 2022 (30-day review through October 12); schedule draft for public hearing for Council on October 17 and Planning Commission on October 20, 2022; submit to State late October for potential certification by January 31, 2023; submit revised/final draft to Council in January 2023 for potential adoption. • Update Zoning Code & Zoning Map o Update to Council on December 6, 2021 and August 15, 2022 with final zoning ordinance and zoning map completion in fall 2023. • Adopt Objective Design Criteria o Completed – multifamily criteria adopted by Council on September 2, 2021. • Update Historic Site Sections of Zoning Code & Historic Resource Policies o Draft ordinance reviewed and recommended for approval by former Historic Heritage Committee in January 2022; draft recommendations to be incorporated in Zoning Code update. • Develop Vehicle Miles Traveled (VMT)/Traffic Demand Management (TDM) Policy (grant dependent) o Staff from Community Development and Public Works participating in regional working group (implementation toolkit). Staff will seek grant funding (e.g., REAP 2.0) to hire consultant to create policy. • Present CDBG & Housing Trust Fund Policy Discussion and Recommendations o Housing Trust Fund policy recommendations presented to Council on February 28, 2022. o CDBG 2022-2023 funding allocations presented to Council and approved on May 16, 2022. • Complete Development Fee Updates o Completed fee updates in June 2022; configured new fees in permit system and posted online. • Implement EnerGov Land Management System (LMS) o Implementation in progress; configuration completion in fall 2022; user testing followed by process training to begin in winter 2022. • Implement Customer Service Initiatives 11.3.b Packet Pg. 135 Attachment: Department Workplans Update FY23Q1 (3977 : FY23 Q1 Department and Legislative Department Workplan Updates Quarterly Update – Fiscal Year 2023 Quarter 1 (FY23Q1) o Presentations to Council on Customer Service Strategy in March and August 2021; Customer Service Manager position refilled on December 1, 2021; collaboration with consultant in progress. • Pursue Grant Opportunities o Awarded $150,000 (LEAP grant), $32,603 (REAP grant) o Applied for PDA planning grant (not awarded) o Applied for Sustainable Transportation Planning Grant (not awarded but will reapply in 2023 with lessons learned) Finance • Enterprise Resource Planning (ERP) System Implementation (Department Workplan) o Went LIVE with Phase 1 (Finance) of the ERP project. ▪ Conducted End-User Trainings regarding use of new financial software. o Went LIVE with Phase 2 (Human Capital Management) of t he ERP project. ▪ Conducted End-User Trainings regarding use of the new electronic time-sheet system. • Refinancing Pension Obligations (Department Workplan) o Conducted introductory Council workshop on refinancing pension obligations . o Conducted the required judicial validation process for potential issuance of pension obligation bonds . o Adopted a Pension Funding Policy. o Made contributions to the Section 115 Trust pursuant to the Pension Funding Policy . • Department Relocation o Relocated the Finance Department to the North Wing (previously Recreation) of the City Hall facility. • Update Fees and Charges (Department Workplan) o Updated the User Fee Study, adopted new user fee schedule and related changes to Gilroy City Code via ordinance. • Business License Services Online o Transitioned business license services online so businesses can Apply, Renew, Pay and Update licenses records online including obtaining copies of certificates, forms, and other relevant information . 11.3.b Packet Pg. 136 Attachment: Department Workplans Update FY23Q1 (3977 : FY23 Q1 Department and Legislative Department Workplan Updates Quarterly Update – Fiscal Year 2023 Quarter 1 (FY23Q1) Fire • Station Alert Package (Department Workplan) o Completed. Hardware/software installed at all 3 Fire Stations; final testing & go live in January 2022. • OES Type 6 Deployment (Department Workplan) o Completed. Signed Agreement with CalOES for Type 6 Engine; deployed to major wildfires for 81 days in 2021. • TEEC Remodel (Department Workplan) o Project Suspended. Soliciting quotes for remodel to include dorms, kitchen, & shower. • Temporary Fire Station (Department Workplan) o Project Suspended. Soliciting quotes and contract agreements for building temporary fire station at Glen Loma development site. • LifePack 15 Defibrillator/Monitors (Department Workplan) o Completed. Received Council approval for replacement purchase of 7 LP15 Defibrillator/Monitors. Purchase complete and replacement exchanged with all front line and reserve apparatus. • 3 FF/PM Personnel – Released to Independent Duty (Department Workplan) o In-Progress. Hired 3 new FF/PM personnel and placed in Joint Fire Academy. Upon graduation, successfully trained and evaluated for release to independent duty as accredited firefighter/paramedics. • Public Safety Drone Program (Department Workplan) o Completed. Partnered with GPD for the deployment and piloting of drones for safety & reconnaissance during large fires or SWAT Team high-risk warrant/arrests. Successfully deployed to 6 incidents this year. • LUCAS Device (Department Workplan) o Completed. Solicited and awarded grant funding for 2 LUCAS devices (mechanical CPR compression device) to allow state-of-the-art cardiac compressions during cardiac arrest. • Public Access Nasal Narcan Program (Department Workplan) o Completed. Obtained nasal Narcan medication from County Behavioral Health for placement on all City - controlled Public Access AEDs (18 total) for emergency treatment reversal opioid overdoses by members of the public before arrival of GFD or GPD. • Interim Fire Station (Department Workplan) 11.3.b Packet Pg. 137 Attachment: Department Workplans Update FY23Q1 (3977 : FY23 Q1 Department and Legislative Department Workplan Updates Quarterly Update – Fiscal Year 2023 Quarter 1 (FY23Q1) o Working with vendor on quote and timeline for building interim fire station on City property at the 10 th Street/DeAnza Place site. • SWAT Medic Program (Department Workplan) o Partnered with GPD for the deployment as SWAT Medics to provide medical assi stance and rescue during planned and immediate need high-risk warrant/arrests. Successfully deployed to 6 incidents this year. • Fireline Medic (Department Workplan) o Partnered with OES & CalFire for the deployment as a single resource Fireline Medic to prov ide medical assistance and rescue to injured fire personnel & civilians during planned and immediate need wildland firefighting. Successfully completed training during 1 incident this year. • New GPD CAD System Interface with Fire Department Programs (Department Workplan) o Working with GPD and 4 software vendors to integrate new CAD system with their programs • New iPAD-based MDC for all Fire Apparatus (Department Workplan) o Working with County EMS to obtain iPAD and associated hardware to integrate with the new GPD CAD system for all fire apparatus. • Two New Rosenbauer Type I Fire Engines: Outfitting & Training (Department Workplan) o Working with vendor to perform final inspection and then receive the two newly built Rosenbauer Type I Fire Engines. Once fully outfitted with firefighting equipment and electronics, provide and complete operational training to all department personnel. • Chestnut Fire Station: Kitchen Remodel & Living/Crews Quarters Flooring Replacement (Department Workplan) o Working with Facilities to obtain quotes and contract agreements for kitchen remodel and living/crews quarters flooring replacement. • Fire Aerial Truck Replacement (Department Workplan) o Working with the California State District 30 office of Assemblymember Robert Rivas, GFD seeki ng funding to replace the current aging 75’ fire aerial truck with a new 100’ fire aerial truck. • New Fire Department Crew Scheduling Program (Department Workplan) o Implementing new software program. This will replace the current outdated excel spreadsheet s cheduling process. o Estimated to go live in December 2022. • Narcotics and Equipment Asset Tracking Program (Department Workplan) 11.3.b Packet Pg. 138 Attachment: Department Workplans Update FY23Q1 (3977 : FY23 Q1 Department and Legislative Department Workplan Updates Quarterly Update – Fiscal Year 2023 Quarter 1 (FY23Q1) o Implementation of software that tracks and monitors department equipment to assist with budget forecasting, equipment maintenance and replacement schedules. o Narcotics Tracking for better DEA documentation and for tracking and ordering of narcotics. Police • Initiate “Stop” Data Collection (Racial Identity and Profiling Act) Plan o Completed – The new records management system allows for the collection of STOP (RIPA Act) data. • Implement Department Legitimacy Training Program (Principled Policing, Implicit Bias, Procedural Justice) o Completed- The last training session for Procedural Justice was completed on Monday 12/06/2021. The entire department also completed LGTBQ+ Awareness Training. This training will continue to be provided to new employees. • Increase De-escalation Training-CIT (Crisis Intervention Training) o Completed- Department members completed de-escalation/CIT Training during the month of 12/2020. This training will continue to be provided to new employees. • Implement Employee Wellness & Resiliency Program o Completed – Cordico wellness application implemented January 2022 o Ongoing- the program will continue to develop with best practice additions. • Conduct an Internal Departmental Survey/Focus Group led by supervisors o Completed during the month of April 2021. The data and input were used during the team building workshop facilitation and will eventually be included in our strategic plan. • Implement Youth Engagement/South County Youth Diversion Program o On-going – the program started screening and accepting candidates on 12/06/2021. Alternate funding options to expand the program are currently being explored. • Upgrade the Body Worn and In-Car Program o Implement a best practice; Cloud Storage based, program to replace the current system t hat has reached the end of its’ lifecycle. A department member committee has solicited vendor quotes and currently conducting a Cost-benefit analysis. This will be added to the IT Steering Committee Project List, and presented for consideration during the FY23/FY24 budget proposal. 11.3.b Packet Pg. 139 Attachment: Department Workplans Update FY23Q1 (3977 : FY23 Q1 Department and Legislative Department Workplan Updates Quarterly Update – Fiscal Year 2023 Quarter 1 (FY23Q1) Public Works • Explore operations for service delivery mechanisms to reduce cost – Closed Circuit TV (CCTV) Mainline o Performed sewer line video inspections with internal city staff instead of paying outside contractors. • Explore operations for service delivery mechanisms to reduce cost – Computer Maintenance Management System (CMMS) o Implemented CityWorks and utilizing to document and track maintenance work orders throughout the City. o Include Utility Service Alert (USA) electronically. o Incorporating annual maintenance programming for multiple assets. • Support Emergency Preparedness Throughout the Community – PG&E Power Outages o Applied for and received funding for City Hall Back-up Generator Project. o Construction began in May; all underground conduit construction complete . o Working with PG&E to finalize connection design and construction. • Monitor Treatment, Storage and Delivery Systems to Ensure Safe, Reliable Delivery of Water o Completed approximately 50 Steel Service Water Line Replacements as mandated and approved by the State Water Resources Control Board. • Provide Consistent and Equitable Street Maintenance City-wide o Completed the Annual Citywide Pavement Maintenance Project. Included 9.6 lane miles of improved streets. • Develop 5-Year Street Repair Program o 5-year program adopted by City Council. o Second year of program underway. Expected to be complete by Fall of 2022. • Downtown Gourmet Parking Lot (7th/Eigleberry) o Construction underway. o Parking lot expected to be completed in January 2023. • Downtown Parking Management Plan o Contract awarded to W-Trans on September 12, 2022. 11.3.b Packet Pg. 140 Attachment: Department Workplans Update FY23Q1 (3977 : FY23 Q1 Department and Legislative Department Workplan Updates Quarterly Update – Fiscal Year 2023 Quarter 1 (FY23Q1) • US101/10th Street-Hwy 152 Interchange Project o Council approved funding agreement with VTA for Project Initiation Document (PID) phase of project on March 21. o VTA consultant selection process underway. • Electronic Construction Project Management o Implementation of virtual project management tools to streamline construction process and documentation. System is now active and underway. • Electric Bicycle Policy o We have initiated preliminary development of a policy for “E” bike access and regulations on public trails and pedestrian facilities. Presentations to be made to Parks and Recreation Commission for public input and discussion. Policy to be drafted by January of 2023. Recreation • Explore issuing RFP for Independent Pool Operator at Christopher High School Aquatic Center o City contracted with pool operator; operations ran in 2022. Will continue in 2023 with an option for 2024 . • Explore Needs Assessment recommendation to transform Senior Center into Multi-Generational Community Center o Proposal was supported by Parks and Recreation Commission, but not passed by Council (July 2020). • Publish entire seasonal recreation activity guide in English and Spanish o The recreation guide continues to be published in English and Spanish. • Implement Family Resource Center (FRC) at San Ysidro Cultural Center o Lease was awarded to Santa Clara County. FRC was in operation from March 2022 through September 2022. County is seeking a new FRC provider. 11.3.b Packet Pg. 141 Attachment: Department Workplans Update FY23Q1 (3977 : FY23 Q1 Department and Legislative City of Gilroy STAFF REPORT Agenda Item Title: Council Review of City Code Chapter 19B Entitled "Smoking Pollution Control" Meeting Date: October 3, 2022 From: Jimmy Forbis, City Administrator Department: Administration Submitted By: Jimmy Forbis, City Administrator Prepared By: Bryce Atkins, Senior Management Analyst Strategic Plan Goals ☐ Develop a Financially Resilient Organization ☐ Ensure Neighborhood Equity from City Services ☐ Promote Economic Development Activities ☐ Promote Safe, Affordable Housing for All ☐ Maintain and Improve City Infrastructure RECOMMENDATION Council provide direction to staff if it desires to modify Chapter 19B of the City Code relating to Smoking Pollution Control. EXECUTIVE SUMMARY At the May 16, 2022 Regular City Council Meeting, a Future Council Initiated Agenda Item was approved to agendize Council discussion regarding amending Chapter 19B relating to smoking prohibitions. This item is to facilitate that discussion. The Smoking Pollution Control Ordinance was first adopted in 1986 and modified three times since then. 11.4 Packet Pg. 142 POLICY DISCUSSION Does the City Council wish to modify City Code Chapter 19B relating to Smoking Pollution Control? BACKGROUND The City Code, Chapter 19B (“Chapter”) is entitled Smoking Pollution Control and regulates smoking in public places, specifically: 1. Outdoor Eating Areas; 2. Elevators; 3. Hospitals and Health Care Facilities; 4. Places of Public Assembly; 5. Public Lobbies, Public Hallways; 6. Museums, Libraries, Galleries; 7. Designated Nonsmoking Areas; 8. Public Restrooms; and 9. Parks. This Chapter also implements requirements of the California Labor Code for places of employment relating to smoking policies, the posting of signs relating to smoking prohibitions, and enforcement and penalties for violations of the Chapter. The Chapter, as it currently reads, is attached to this staff report. The Chapter was created originally through the adoption of Ordinance No. 86-18, creating then Chapter 19A (later renumbered to 19B in 19 93) on September 15, 1986. The Chapter instituted various prohibitions, regulations, and signage requirements relating to primarily indoor smoking. The Chapter was amended with Ordinance No. 95-3 on January 17, 1995, with the intent of supporting the California Labor Code requirements relating to the prohibition of smoking in places of employment. This amendment revised and replaced the previous requirements of Chapter 19B in its entirety. The Chapter was amended on June 18, 2012, with Ordinance No. 2012-09 to include parks as prohibited areas for smoking, with the exception of designated smoking areas. On March 1, 2021, the latest amendment was adopted through Ordinance No. 2021-01 to amend the prohibitions of smoking in parks. The Chapter had established designated smoking areas in City parks with Ordinance No. 2012-09. The Council amended the Chapter to ban smoking on both the grounds and parking lots of the City’s parks in their entirety. 11.4 Packet Pg. 143 At the May 16, 2022 Regular City Council Meeting, a Future Council Initiated Agenda Item was approved to agendize Council discussion regarding amending Chapter 19B relating to smoking prohibitions. ANALYSIS As the item was not on the Council agenda, no discussion or specific request was made as part of the introduction of the item for a future agenda. At the introduction, the item was simply to have a discussion about possible amendments. Based on the discussion and any direction that Council issues, staff will then bring back a future agenda item from any direc tion received and will analyze as part of that future agenda item the proposed modification(s), if any. ALTERNATIVES None, this is a Council-initiated discussion item. FISCAL IMPACT/FUNDING SOURCE None. The issuing of direction does not generate fiscal impacts in and of itself. Any requested Code amendments will be publicly noticed, but those costs will be absorbed within existing budget appropriations. The specific cost will vary based on the length of the public notice. CONCLUSION Based on Council’s discussion, direction may be issued to staff to bring back a future ordinance to modify Chapter 19B relating to the Smoking Pollution Control ordinance. NEXT STEPS If Council directs an amendment to be made to the City Code, staff will return for an introduction of such an ordinance to a following Council Meeting, as well as issue the appropriate public notice. PUBLIC OUTREACH This item was listed in the agenda that was posted publicly, as well as this staff report in the full agenda packet. Should Council direct that an amendment to the City Code be prepared, then there will be a public hearing scheduled for the introduction of that ordinance. Attachments: 1. Gilroy City Code - Chapter 19B - Smoking Pollution Control 11.4 Packet Pg. 144 11.4.a Packet Pg. 145 Attachment: Gilroy City Code - Chapter 19B - Smoking Pollution Control (3974 : Smoking Ordinance Ban Discussion) 11.4.a Packet Pg. 146 Attachment: Gilroy City Code - Chapter 19B - Smoking Pollution Control (3974 : Smoking Ordinance Ban Discussion) 11.4.a Packet Pg. 147 Attachment: Gilroy City Code - Chapter 19B - Smoking Pollution Control (3974 : Smoking Ordinance Ban Discussion) 11.4.a Packet Pg. 148 Attachment: Gilroy City Code - Chapter 19B - Smoking Pollution Control (3974 : Smoking Ordinance Ban Discussion)