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04/17/2023 City Council Regular Agenda Packet April 17, 2023 | 6:00 PM Page 1 of 6 City Council Regular Meeting Agenda CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET, GILROY, CA 95020 REGULAR MEETING | 6:00 PM MONDAY, APRIL 17, 2023 MAYOR Marie Blankley COUNCIL MEMBERS Rebeca Armendariz Dion Bracco Tom Cline Zach Hilton Carol Marques Fred Tovar CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING Due to COVID-19, it is possible that the planned in-person meeting may have to change to a virtual meeting at any time and possibly on short notice. Please check the City of Gilroy website www.cityofgilroy.org for any updates to meeting information. COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker. Please limit your comments to 3 minutes. The amount of time allowed per speaker may vary at the Mayor’s discretion depending on the number of speakers and length of the agenda. Written comments on any agenda item may be emailed to the City Clerk’s Office at 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 bit.ly/3NuS1IN. In compliance with the Americans with Disabilities Act, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at least 72 hours prior to the meeting at (408) 846-0204 or 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 review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure. A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City. April 17, 2023 | 6:00 PM Page 2 of 6 City Council Regular Meeting Agenda 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 the 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. To access written translation during the meeting, please scan the QR Code or click this link: Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace: bit.ly/3FBiGA0 Choose Language and Click Attend | Seleccione su lenguaje y haga clic en asistir Use a headset on your phone for audio or read the transcript on your device. Use sus auriculares para escuchar el audio o leer la transcripción en el dispositivo. The agenda for this regular meeting is as follows: 1. OPENING 1.1. Call to Order 1.2. Pledge of Allegiance 1.3. Invocation 1.4. City Clerk's Report on Posting the Agenda 1.5. Roll Call 1.6. Orders of the Day April 17, 2023 | 6:00 PM Page 3 of 6 City Council Regular Meeting Agenda 1.7. Employee Introductions 2. CEREMONIAL ITEMS - Proclamations and Awards 3. PRESENTATIONS TO THE COUNCIL 3.1. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL This portion of the meeting is reserved for persons desiring to address the Council on matters within the Gilroy City Council’s jurisdiction but not on the agenda. Persons wishing to address the Council are requested to complete a Speaker’s Card located at the entrances and handed to the City Clerk. Speakers are limited to 1 to 3 minutes each, varying at the Mayor’s discretion depending on the number of speakers and length of the agenda. The law does not permit Council action or extended discussion of any item not on the agenda except under special circumstances. If Council action is requested, the Council may place the matter on a future agenda. Written comments to address the Council on matters not on this agenda may be e-mailed to the City Clerk’s Office at 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 – Cities Association Santa Clara County Board of Directors (alternate), Santa Clara County Library Joint Powers Authority, Santa Clara Valley Water Commission, Santa Clara Valley Water Joint Water Resources Commission, SCRWA Council Member Armendariz – Santa Clara County Library Joint Powers Authority, Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy Authority JPA Board (alternate), South County United for Health Council Member Marques – ABAG, Gilroy Gardens Board of Directors, Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, SCRWA (alternate) Council Member Hilton – CalTrain Policy Group (alternate), Silicon Valley Clean Energy Authority JPA Board, South County United for Health (alternate), VTA Policy Advisory Committee Council Member Cline – Gilroy Economic Development Partnership (alternate), Gilroy Sister Cities Association, Gilroy Youth Task Force, Silicon Valley Regional Interoperability Authority Board, VTA Policy Advisory Committee (alternate), Visit Gilroy California Welcome Center Board April 17, 2023 | 6:00 PM Page 4 of 6 City Council Regular Meeting Agenda Council Member Tovar – Gilroy Youth Task Force (alternate), Santa Clara County Expressway Plan 2040 Advisory Board, Santa Clara Valley Water Commission, SCRWA, South County Youth Task Force Policy Team, VTA Mobility Partnership Mayor Blankley – ABAG (alternate), CalTrain Policy Group, Cities Association Santa Clara County Board of Directors, Gilroy Economic Development Partnership, Gilroy Sister Cities Association (alternate), Gilroy Youth Task Force, Santa Clara Valley Water Joint Water Resources Commission, SCRWA, South County Youth Task Force Policy Team, VTA Board of Directors, VTA Mobility Partnership 5. COUNCIL CORRESPONDENCE 5.1. Adoption of Proposed Budget for Fiscal Year 2023 & Notice of June 7, 2023 LAFCO Public Hearing 6. FUTURE COUNCIL INITIATED AGENDA ITEMS 7. CONSENT CALENDAR All matters listed under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of the City Council or a member of the public. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears. 7.1. Approval of the Action Minutes of the April 3, 2023 City Council Regular Meeting 7.2. Memorandum of Understanding Among Local Public Agencies in Santa Clara County for Food Recovery Program Costs 7.3. Resolution to Accept FEMA Funding for COVID-19 Vaccinator Overtime Reimbursement 8. BIDS AND PROPOSALS 9. PUBLIC HEARINGS 9.1. Public Hearing to Establish a List of Properties Subject to the Weed Abatement Program and Adoption of a Resolution Authorizing the Fire Chief to Abate the Nuisance Arising Out of Weeds Growing and Refuse Accumulating Upon Property in the City of Gilroy Pursuant to Section 12.51 of the Gilroy Code 1. Staff Report: Jim Wyatt, Fire Chief 2. Open Public Hearing 3. Close Public Hearing 4. Possible Action: Adopt a Resolution of the City Council of the City of Gilroy authorizing the Fire Chief to abate the nuisance arising out of weeds growing and refuse accumulating upon property in the City of Gilroy, pursuant to Section 12.51 of the Gilroy City Code. April 17, 2023 | 6:00 PM Page 5 of 6 City Council Regular Meeting Agenda 10. UNFINISHED BUSINESS 10.1. Approval of the Santa Teresa Interim Fire Station Alternate Location at Christmas Hill Park 1. Staff Report: Jim Wyatt, Fire Chief 2. Public Comment 3. Possible Action: Approve the alternate location of the Santa Teresa Interim Fire Station which is proposed to be located on the ranch side of Christmas Hill Park in the Santa Teresa Fire Response District. 11. INTRODUCTION OF NEW BUSINESS 11.1. Authorize the City Administrator to Enter into a Sole Source Purchasing Agreement with Lenco Industries for the Replacement of a Public Safety Rescue Vehicle for $360,497 1. Staff Report: Pedro Espinoza, Police Chief 2. Public Comment 3. Possible Action: a) Authorize the City Administrator to enter into a sole source purchasing agreement with Lenco Industries for the purchase of a Public Safety Rescue Vehicle for $360,497. b) Adopt a resolution of the City Council of the City of Gilroy approving a Fiscal Year 2023 budget amendment for $150,000 in the Federal Asset Seizure Fund towards the purchase of the Rescue Vehicle. 11.2. Receive Report and Provide Direction on Mobile Vending and Sidewalk Vending Rules and Requirements 1. Staff Report: Sharon Goei, Community Development Director 2. Public Comment 3. Possible Action: Receive Report and Provide Direction on Mobile Vending and Sidewalk Vending Rules and Requirements. 11.3. Formation of the Downtown Committee 1. Staff Report: Bryce Atkins, Assistant to the City Administrator 2. Public Comment 3. Possible Action: Council approve the formation of the Downtown Committee. 12. CITY ADMINISTRATOR'S REPORTS 13. CITY ATTORNEY'S REPORTS 14. ADJOURNMENT April 17, 2023 | 6:00 PM Page 6 of 6 City Council Regular Meeting Agenda FUTURE MEETING DATES May 2023 1 Regular Meeting - 6:00 p.m. 3 Capital Improvement Plan Workshop – 6:00 p.m. – 8:00 p.m. 15 Regular Meeting - 6:00 p.m. 22 Recommended Operating Budget Workshop – 6:00 p.m. – 8:00 p.m. June 2023 5 Regular Meeting - 6:00 p.m. 19 Regular Meeting - 6:00 p.m. July 2023 3 Regular Meeting - 6:00 p.m. -CANCELED- 10 Special Meeting - 6:00 p.m. August 2023 7 Regular Meeting - 6:00 p.m. 21 Regular Meeting - 6:00 p.m. Meetings are webstreamed on the City of Gilroy’s website at gilroy.city/meetings. April 6, 2023 TO: County Executive, Santa Clara County City Managers, Cities in Santa Clara County District Managers, Special Districts in Santa Clara County FROM: Neelima Palacherla, Executive Officer SUBJECT: ADOPTION OF PROPOSED BUDGET FOR FISCAL YEAR 2023 & NOTICE OF JUNE 7, 2023 LAFCO PUBLIC HEARING At its public hearing on April 5, 2023, the Local Agency Formation Commission of Santa Clara County (LAFCO) adopted a Proposed Budget for Fiscal Year 2024, as recommended in the attached staff report. The attached report reviews the status of LAFCO’s current year work plan and budget; and sets forth the proposed work plan and budget for Fiscal Year 2024. LAFCO is scheduled to consider adoption of its Final Budget at a public hearing on Wednesday, June 7, 2022 at 1:15 PM. The County Auditor will apportion LAFCO costs and invoice the cities, independent special districts and the County based on the Final Budget adopted by LAFCO. The meeting agenda, staff reports and related meeting material will be available on the LAFCO website by June 2, 2023. All interested persons may attend the meeting as provided for on the agenda. Written public comments may be submitted by email to LAFCO@ceo.sccgov.org prior to the date of the hearing. Attachment: Staff Report on the Proposed Work Plan and Budget for FY 2024 (April 5, 2023) cc: Board of Supervisors, Santa Clara County City Council Members, Cities in Santa Clara County Board of Directors, Special Districts in Santa Clara County Santa Clara County Cities Association Santa Clara County Special Districts Association 5.1 p. 8 of 130 5.1 p. 9 of 130 PAGE 1 OF 13 ITEM # 7 LAFCO MEETING: April 5, 2023 TO: LAFCO FROM: Neelima Palacherla, Executive Officer Dunia Noel, Asst. Executive Officer SUBJECT: PROPOSED WORK PLAN AND BUDGET FOR FY 2024 FINANCE COMMITTEE / STAFF RECOMMENDATIONS 1. Adopt the Proposed Work Plan for Fiscal Year 2023-2024. 2. Adopt the Proposed Budget for Fiscal Year 2023-2024. 3. Find that the Proposed Budget for Fiscal Year 2024 is expected to be adequate to allow the Commission to fulfill its statutory responsibilities. 4. Authorize staff to transmit the Proposed Budget adopted by the Commission including the estimated agency costs as well as the LAFCO public hearing notice for the adoption of the Fiscal Year 2024 Final Budget to the cities, the special districts, the County, the Cities Association of Santa Clara County and the Santa Clara County Special Districts Association. ANNUAL BUDGET PROCESS REQUIREMENTS The Cortese Knox Hertzberg Local Government Reorganization Act of 2000 (CKH Act) which became effective on January 1, 2001, requires LAFCO, as an independent agency, to annually adopt a proposed budget by May 1 and a final budget by June 15 at noticed public hearings. Both the proposed and the final budgets are required to be transmitted to the cities, the special districts and the County. Government Code §56381(a) establishes that at a minimum, the budget must be equal to that of the previous year unless the Commission finds that reduced staffing or program costs will nevertheless allow it to fulfill its statutory responsibilities. Any unspent funds at the end of the year may be rolled over into the next fiscal year budget. After adoption of the final budget by LAFCO, the County Auditor is required to apportion the net operating expenses of the Commission to the agencies represented on LAFCO. 5.1 p. 10 of 130 PAGE 2 OF 13 FISCAL YEAR 2023-2024 WORKPLAN & BUDGET DEVELOPMENT TIMELINE Dates Staff Tasks / LAFCO Action March 13 - April 5 Notice of this public hearing was advertised in a local newspaper, posted on the LAFCO website and distributed to local agencies. The agenda and a link to the posted agenda packet are also distributed to local agencies, interested persons and organizations. The proposed Workplan and Budget are posted on the LAFCO website and available for public review and comment. April 5 LAFCO public hearing on adoption of Proposed Workplan and Budget April 6 Proposed Work Plan and Budget, preliminary apportionments and LAFCO public hearing notice for Final Budget Hearing transmitted to agencies June 7 LAFCO public hearing and adoption of Final Budget June 7 - July 1 Final Budget transmitted to agencies; Auditor requests payment from agencies LAFCO FINANCE COMMITTEE At its February 1, 2023 LAFCO meeting, the Commission appointed Commissioner Melton, Commissioner Beall and Alternate Commissioner Chapman to serve on the Finance Committee. At its special meeting held on February 27, 2023, the Finance Committee discussed the progress on the current year work plan and the status of the current year budget; and recommended the proposed FY 2024 work plan and budget for consideration and adoption by the full commission. CURRENT YEAR IN REVIEW PROGRESS REPORT ON FY 2022-2023 WORK PLAN LAFCO’s current fiscal year workplan was adopted at a noticed public hearing held on April 6, 2022. Attachment A depicts the current status (through the third quarter of the year) of the 2022-2023 Work Program. A major component of the current work program involves the ongoing Countywide Fire Service Review. LAFCO retained a new consultant in June 2022 and relaunched its Countywide Fire Service Review. The new consultant is working with LAFCO staff and the service provider agencies to finalize / validate agency profiles after completing an extensive and challenging data collection process. To date, two Technical Advisory Committee meetings have been held to obtain feedback on key 5.1 p. 11 of 130 PAGE 3 OF 13 aspects including evaluation criteria and preliminary findings. It is anticipated that another Technical Advisory Committee meeting will be held in the next few weeks and a Draft Service Review Report will be published for public review and comment by the end of this fiscal year. LAFCO has received and /or processed major applications such as a special district sphere of influence amendment/annexation and a city urban service area amendment. Staff has held pre-application meetings and has received and responded to many requests for assistance and expertise from local and regional agencies on a variety of matters related to city service extensions, city annexations/island annexations, special district detachments, and housing element updates. Similarly, responding to public inquiries is another significant and growing area of the workplan and staff has seen an increase in the volume and complexity of such inquiries, including requests for information under the Public Records Act, and information requests from local attorneys, appraisers, real estate agents and developers. In accordance with the Commission’s directive, as opportunities arise and time permits, staff continues to conduct targeted outreach to various local entities (special districts, County, cities, civil grand jury, and other community organizations/individuals) through informational presentations on LAFCO and its role in promoting sustainable growth and governance in the county. The Commission has experienced major changes in its membership; in the last two months, 6 new commissioners have come on board and LAFCO will be selecting a new public member and an alternate public member to fill positions due to term expirations in May 2023. Staff conducts onboarding activities and new commissioner orientations for all new appointees. Other notable administrative activities and projects that have been completed or are currently underway include among others, the annual financial audit, the annual report, required staff training, LaserFische and LAFCO database server upgrades/migrations, transition back to in-person and hybrid meetings to allow for remote public participation, and preparations for webcasting LAFCO meetings. Notwithstanding the preceding progress on various work plan items, some important, high priority projects such as the comprehensive review and update of LAFCO policies and scanning of LAFCO records have fallen behind and will not be completed by the end of the fiscal year. The delays are partly due to the application workload, increased demand for LAFCO services and staff’s efforts to prioritize and meet the needs of the local agencies and the public; and staffing issues including a vacant position since January 2021. Completion of the County classification study in July 2022 allows LAFCO staff to implement the Study’s recommendations and work with the County Employee Services Agency on recruitment efforts for a new LAFCO Clerk. It is anticipated that the vacant LAFCO Clerk position will be filled by the end of this fiscal year. 5.1 p. 12 of 130 PAGE 4 OF 13 The projects in the current workplan that will not be completed by the end of the fiscal year have been added to the proposed FY 2024 workplan. The LAFCO Annual Report for FY 2023 will be published at the end of the current fiscal year and will document all the applications reviewed and processed by LAFCO in Fiscal Year 2023; and will summarize the various accomplishments, activities/projects that LAFCO has engaged in or completed during the period. STATUS OF FY 2022-2023 ADOPTED BUDGET Attachment D includes the FY 2023 budget adopted by the Commission at a noticed public hearing on June 1, 2022, the status of LAFCO’s expenditures and revenues as of February 21, 2023, and expenditure and revenue projections for end of FY 2023. The adopted LAFCO budget for FY 2023 is $985,974 and reflects a 11% increase compared to the previous fiscal year’s (FY 2022) budgeted operating expenses. It is estimated that the total year-end projected expenditures for FY 2023 would be approximately 13% lower than the adopted budget primarily due to salary savings from the vacant staff position. Staff anticipates that year end revenue for FY 2023 will be slightly lower than the amount budgeted. LAFCO has received the respective FY 2023 funds from the County, the cities and the independent special districts. The actual fund balance rolled over at the end of FY 2022 was significantly higher at $410,027, compared to the amount estimated ($201,006) in the FY 2023 budget. The excess fund balance and the unspent FY 2023 expenditure amounts will carry over into FY 2024 and will be used to reduce net operating expenses that would in turn translate to reduced FY 2024 costs for contributing agencies. PROPOSED WORK PLAN FOR FISCAL YEAR 2024 Attachment C includes the proposed work plan for FY 2024, as recommended by the Finance Committee, for consideration and adoption by the full commission. The proposed workplan includes ongoing as well as new projects and outlines detailed projects/activities organized under six broad areas: (1.) LAFCO application processing; (2.) island annexations; (3.) outreach, government/community relations and customer service; (4.) service reviews, special studies and sphere of influence updates; (5.) commission support; and (6.) administrative projects. The work plan assigns priority levels (high, moderate, low); and designates whether the work is to be conducted by staff or outside consultants. The proposed work plan includes a broad spectrum of responsibilities that LAFCO, as an independent local agency and as a regulatory body of the state, is expected to fulfil in its role of promoting sustainable growth and good governance in Santa Clara County. It incorporates the Commission’s legislative functions and mandates and also the Commission’s proactive local initiatives and priorities such as its directives for ongoing public outreach and education and its proactive service review and implementation program. The Finance Committee discussed the possible creation of a LAFCO student internship program and recommended that LAFCO staff contact the County to 5.1 p. 13 of 130 PAGE 5 OF 13 further explore such a potential initiative. The Committee also discussed a potential strategic planning workshop in the upcoming year and requested opportunities for ongoing commissioner education. Reduced staffing levels over the last two years have impacted the functioning of the LAFCO office. While the LAFCO Clerk position is expected to be filled in the next several months, actual professional staffing capabilities will be below 4.0 FTE for at least half of the upcoming fiscal year, considering the onboarding and training period for the new staff person. According to the Comprehensive Organizational Assessment report prepared by LAFCO’s consultant, even the 4.0 FTE staffing level is lower than other LAFCOs with comparable operations. However, in August 2020, the Commission voted to maintain the current 4.0 FTE staffing level given uncertain economic conditions related to the COVID-19 pandemic but kept open the option to consider the potential addition of 1.0 FTE in the future. Staff actively manages the workload in order to focus on accomplishing essential activities such as processing applications, completing projects currently underway such as the Countywide Fire Service Review, maintaining core administrative functions, tracking on-going projects and studies, supporting the commission and responding to local agency and public requests for assistance. Non-essential activities and other proactive initiatives will need to be deferred until staffing levels/expertise are restored. This is consistent with past practice where LAFCO’s statutorily mandated activities take priority over administrative projects that are not statutorily required, and over proactive commission-initiated projects which are discretionary but support LAFCO’s mission and statutory requirements. PROPOSED BUDGET FOR FISCAL YEAR 2024 Attachment D includes the proposed Budget for FY 2023-2024 as recommended by the Finance Committee, for consideration and adoption by the full commission. The Finance Committee conducted a thorough review of the work plan and budget and recognized the public benefit of LAFCO’s work and the high demand for LAFCO’s services from local agencies and the public. The Committee maintained its commitment to ensure adequate resources that allow the Commission to fulfill its statutory responsibilities and accomplish its work plan while also limiting costs for LAFCO’s funding agencies The overall expenditure for FY 2024 ($1,296,000) in the proposed budget is approximately 6% higher than the current year budgeted expenses ($1,222,980). Projected current year cost savings (such as from salary savings), and a larger than estimated fund balance from FY 2022 are expected to result in a $366,814 fund balance at the end of the current year – and will be used to reduce net operating expenses in FY 2024. LAFCO’s proposed net operating expense for FY 2024 is 9% lower than the FY 2023 budgeted net operating expense and is similar to the FY 2022 level. 5.1 p. 14 of 130 PAGE 6 OF 13 DESCRIPTION OF FY 2023-2024 BUDGET LINE ITEMS LAFCO and the County of Santa Clara entered into a Memorandum of Understanding (MOU) (effective since July 2001), under the terms of which, the County provides staffing, facilities, and services to LAFCO. The associated costs are reflected in the proposed LAFCO budget. LAFCO is a stand-alone, separate fund within the County’s accounting and budget system and the LAFCO budget information is formatted using the County’s account descriptions/codes. The following is a detailed itemization of the proposed budget. EXPENDITURES Expenditures are divided into two main sections: Staff Salary and Benefits (Object 1) which comprise 68% of the total expenditures, and Services and Supplies (Object 2). OBJECT 1. SALARIES AND BENEFITS $882,121 This line item supports the salary and benefits for the 4.0 FTE positions including the Executive Officer position, a Senior Analyst position, an Associate Analyst position, and a Clerk position. The Clerk position is currently vacant and is anticipated to be filled by the end of the current fiscal year. LAFCO contracts with the County of Santa Clara for staffing and services and in accordance with the MOU between the County and LAFCO, all four positions are staffed through the County Executive’s Office. The proposed amount is based on the best available projections from the County at this time for salary and benefits for the 4 positions. Changes to the projections for the four positions that occur within the next couple of months will be reflected in the Final LAFCO budget. $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Budgeted Net Operating Expenses 5.1 p. 15 of 130 PAGE 7 OF 13 OBJECT 2. SERVICES AND SUPPLIES 5255100 Intra-County Professional $10,000 This includes the costs for services from various County agencies such as the County Surveyor’s Office, the County Assessors’ Office, and the Registrar of Voters. The County Surveyor assists with map review and approval for boundary change proposals. In addition, the Surveyor’s Office also assists with research to resolve boundary discrepancies. The County Assessor’s Office prepares reports for LAFCO and the Registrar of Voters provides data necessary for processing LAFCO applications. This item also allows LAFCO to seek GIS mapping services including maintenance and technical assistance from the County Planning Office, as necessary. This budgeted amount has been maintained at the same level as the current year. 5255800 Legal Counsel $82,780 This item covers the cost for general legal services. In February 2009, the Commission retained the firm of Best Best & Krieger for legal services on a monthly retainer. The contract was amended in 2010 to reduce the number of total hours required to 240 hours per year. The contract sets the hourly rate and allows for an annual automatic adjustment to the rates based on the Consumer Price Index (CPI). In 2017, the contract was once again amended to increase the monthly retainer cost and limit the CEQA work within the retainer to 24 hours annually. Any additional CEQA work above 24 hours would be charged outside the retainer at the same hourly rate. The monthly retainer for FY 2024 increases to $6,630, based on a 5.6% increase in the Consumer Price Index for the prior calendar year (2022). This item covers the annual retainer fees and includes additional monies to cover approximately 10 hours of work outside the retainer at the current hourly rate of $316. 5255500 Consultant Services $150,000 This item is budgeted for hiring consultants to assist LAFCO with special projects such as for conducting service reviews and special studies, facilitating a strategic planning workshop, scanning LAFCO’s hardcopy records into the existing electronic document management system, meeting broadcast services for LAFCO meetings and for conducting the annual financial audit, among others. The Commission must take action to authorize such special projects prior to expending funds. This item also includes costs associated with ongoing existing contracts such as costs for maintenance and hosting of the LAFCO website by an outside provider. The Finance Committee recommended that an amount of $6,000 be allocated under this item to cover a potential future student internship program cost. 5285700 Meal Claims $750 This item includes cost of food to support Commission events, workshops, meetings. 5220200 Insurance $8,335 This item is for the purpose of purchasing general liability insurance and workers’ compensation coverage for LAFCO. In 2010, LAFCO switched from the County’s 5.1 p. 16 of 130 PAGE 8 OF 13 coverage to the Special District Risk Management Authority (SDRMA), for the provision of general liability insurance. Additionally, LAFCO also obtains workers’ compensation coverage for its commissioners from SDRMA. Workers’ compensation for LAFCO staff is currently covered by the County and is part of the payroll charge. SDRMA has recently provided estimated FY 2024 contribution amounts for use in the budgeting process: Property Liability ($7,225) and Workers’ Compensation ($1,100). SDRMA is in the process of negotiating rates on behalf of its program membership and expects to confirm rates in mid-May. The Final budget will reflect any major revisions to these estimates. 5270100 Rent & Lease $54,766 This item includes FY 2024 monthly rent for LAFCO office space located at 777 North First Street, Suite 420, San Jose. The original lease term expired on May 5, 2022. At its February 2, 2022 meeting, the Commission authorized the extension of the lease for a five-year period through April 30, 2027. 5250100 Office Expenses $5,000 This item includes funds for purchase of books, subscriptions/publications necessary to keep current on laws and trends; small equipment and supplies for office operations, including printer/photocopier lease. 5255650 Data Processing Services $27,520 This item includes estimated costs associated with County Technology Solutions & Services Department (TSS) providing IT services to the LAFCO program. According to TSS, the projected costs cover Telecom services for 5 phones- VOIP/Landline ($3,000), Wireless Carrier Service ($144), MS Adobe special order, Acrobat Pro and MS Visio monthly subscription ($2,480), and other services ($21,896) comprising Enterprise Content Management services and solutions, Kronos support, Architecture and Innovation Services, Claranet services, Data Analytics and Visualizations, digital print and sccLearn. Any further revised cost estimates received from the County will be reflected in the Final LAFCO budget. 5225500 Commissioner’s Fees $10,000 This item covers the $100 per diem amount for LAFCO commissioners and alternate commissioners to attend LAFCO meetings and committee meetings. 5260100 Publications and Legal Notices $1,000 This item is for costs associated with publication of hearing notices for LAFCO applications and other projects/ studies, as required by state law. This budgeted amount has been maintained at the same level as the current year. 5245100 Membership Dues $13,870 This item includes CALAFCO – the California Association of LAFCOs membership dues. At its meeting on February 17, 2023, the CALAFCO Board approved an 8.27% rate adjustment to account for inflation in accordance with the CALAFCO Bylaws. The FY 2024 membership dues for Santa Clara LAFCO is $12,221. 5.1 p. 17 of 130 PAGE 9 OF 13 Additionally, this item includes estimated membership dues for CSDA – the California Special Districts Association. In June 2018, CSDA informed that Santa Clara LAFCO as a customer of SDRMA, must be a member of CSDA pursuant to SDRMA bylaws. 5250750 Printing and Reproduction $1,500 This covers printing expenses for reports such as service reviews or other studies and documents. 5285800 Business Travel $15,900 This item includes funding for staff and commissioners to attend conferences and workshops. It would cover costs of air travel, accommodation, conference registration and other expenses at the conferences. CALAFCO annually holds a Staff Workshop (location TBD, April 2024) and an Annual Conference (Monterey, October 2023) that is attended by commissioners as well as staff. 5285300 Private Automobile Mileage $1,000 This item provides for mileage reimbursement when staff travels by private car to conduct site visits and attend meetings / training sessions. This budgeted amount has been maintained at the same level as the current year. 5285200 Transportation and Travel (for use of County car) $600 This item would cover costs associated with the use of a County vehicle for travel to conferences, workshops, site visits and meetings. 5281600 Overhead $20,358 This overhead charge is established by the County Controller’s Office, for service rendered by various County departments that do not directly bill LAFCO. The overhead includes LAFCO’s share of the County’s FY 2024 Cost Allocation Plan which is based on actual overhead costs from FY 2022 – the most recent year for which actual costs are available. The overhead amount includes the following charges from: County Executive’s Office: $6,653 Controller-Treasurer: $11,003 Employee Services Agency: $6,072 OBA: $357 BHS-MH - Employee: $198 TSS Intragovernmental Service: $958 Technology Services & Solutions: $1,710 Procurement: $57 Equal Opp. (County Counsel): $809 CoB – Harvey Rose Mgt Audit: $22 5.1 p. 18 of 130 PAGE 10 OF 13 Further, a “roll forward” is applied which is calculated by comparing FY 2022 Cost Plan estimates with FY 2022 actuals. The FY 2022 cost estimates were higher than the actuals by $7,480; this amount is deducted from the FY 2024 Cost Plan. This is a state requirement. 5275200 Computer Hardware $3,000 This item is designated for any required hardware upgrades / purchases. 5250800 Computer Software $5,000 This amount is designated for computer software purchases, and annual licenses for GIS software and records management (LaserFische) hardware/software annual maintenance agreement. 5250250 Postage $500 This amount covers postage costs for mailing notices, agendas, agenda packets and general correspondence. 5252100 Training Programs $2,000 This item covers the costs associated with attendance at staff development courses and seminars. CALAFCO conducts University Courses throughout the year on topics of relevance to LAFCO. REVENUES 4103400 Application Fees $30,000 It is anticipated that LAFCO will receive approximately $30,000 in fees from processing applications. The actual amount earned from fees corresponds to the level of application activity. 4301100 Interest $6,000 It is estimated that LAFCO will receive an amount of approximately $6,000 from interest earned on LAFCO funds. 3400150 Fund Balance from Previous Fiscal Year (i.e, FY 2023) $366,814 It is projected that there will be a savings or fund balance of approximately $366,814 at the end of the current year, which will be carried over to reduce the proposed Fiscal Year 2024 costs for LAFCO’s funding agencies (cities, independent special districts and the County). Projected Year-End [FY 2023] Fund Balance = (Projected Year-End [FY 23] Revenue + Actual Fund Balance from Previous Fiscal Year [FY 22] + Funds Received from Local Agencies in FY 23) - (Projected Year-End [FY 23] Expenses) = ($31,000+ $410,027 + $985,974) - $1,060,187 = $366,814 The fund balance excludes the reserves. 5.1 p. 19 of 130 PAGE 11 OF 13 RESERVES 3400800 Reserves Available $200,000 This item includes reserves for two purposes: litigation reserve – for use if LAFCO is involved with any litigation; and contingency reserve – to be used for unexpected expenses. If used during the year, this account will be replenished in the following year. Since 2012, the reserves have been retained in a separate Reserves account, thus eliminating the need for LAFCO to budget each year for this purpose. The Reserves amount was held at $250,000 since FY 2020 to timely implement potential recommendations from the Comprehensive Organizational Assessment, and as a tentative measure in recognition that LAFCO operates in an increasingly complex and controversial environment. In FY 2022, LAFCO reduced the Reserves from $250,000 to $200,000, in order to further reduce costs to local agencies given the COVID -19 related economic hardships; and maintained the reserve level at $200,000 in FY 2023. The Finance Committee recommends maintaining the current level of reserves for FY 2024. This places the proposed Reserve amount at approximately 15% of the total FY 2024 expenditures. LAFCO has not adopted a Reserves policy, however as an independent agency, LAFCO should maintain sufficient reserves for flexibility and stability in the event of unanticipated needs. FY 2024 NET OPERATING EXPENSES FY 2024 Net Operating Expenses = (Proposed FY 2024 Expenditures) - (Proposed FY 2024 Fee & Interest Revenues + Projected Fund Balance from FY 2023) = ($1,296,000) – ($36,000 + $366,814) = $893,186 The projected operating expense for FY 2024 is based on projected expenditures and revenues as well as on estimated fund balance for the current year. Further revisions may be needed as we get a better indication of current year expenses/revenues towards the end of this fiscal year. Additionally, a more accurate projection of costs/revenues for the upcoming fiscal year could become available, particularly for employee salary and benefits. This could result in changes to the proposed net operating expenses for FY 2024 which could in turn impact the costs for each of LAFCO’s funding agencies. COST APPORTIONMENT TO CITIES, INDEPENDENT SPECIAL DISTRICTS AND COUNTY In January 2013, independent special districts were seated on LAFCO. Government Code §56381(b)(1)(A) provides that when independent special districts are represented on LAFCO, the county, cities and independent special districts must each provide a one-third share of LAFCO’s operational budget. The City of San Jose has permanent membership on LAFCO pursuant to Government Code Section 56327. As required by Government Code §56381.6(b), the City of San 5.1 p. 20 of 130 PAGE 12 OF 13 Jose’s share of LAFCO costs must be in the same proportion as its member bears to the total membership on the commission, excluding the public member. The remaining cities’ share must be apportioned in proportion to each city’s total revenues, as reported in the most recent edition of the Cities Annual Report published by the Controller, as a percentage of the combined city revenues within a county. Government Code Section §56381 provides that the independent special districts’ share shall be apportioned in proportion to each district’s total revenues as a percentage of the combined total district revenues within a county. The Santa Clara County Special Districts Association (SDA), at its August 13, 2012 meeting, adopted an alternative formula for distributing the independent special districts’ share to individual districts. The SDA’s agreement requires each district’s cost to be based on a fixed percentage of the total independent special districts’ share. Therefore, in Santa Clara County, the County pays a third of LAFCO’s operational costs, the independent special districts pay a third, the City of San Jose pays one sixth and the remaining cities pay one sixth. Government Code §56381(c) requires the County Auditor to request payment from the cities, independent special districts and the County no later than July 1 of each year for the amount each agency owes based on the net operating expenses of the Commission and the actual administrative costs incurred by the Auditor in apportioning costs and requesting payment. The following is a draft apportionment to the agencies based on the proposed net operating expenses for FY 2024. Apportionment of the costs among the 14 cities and among the 17 independent special districts will be calculated by the County Controller’s Office after LAFCO adopts the final budget in June. In order to provide each of the cities and districts $297,729 $297,729 $148,864 $148,864 Proposed FY 2024 LAFCO Cost Apportionments County Independent Special Districts Other Cities City of San Jose 5.1 p. 21 of 130 PAGE 13 OF 13 with a general indication of their costs in advance, Attachment E includes draft estimated apportionments, based on the proposed FY 2024 net operating expenses and the FY 2020-2021 Cities Annual Report. The final apportionments will be prepared by the County Controller’s Office based on the latest available Cities Annual Report. ATTACHMENTS Attachment A: Status of FY 2023 Work Plan Attachment B: LAFCO Financials 2008-2022 Attachment C: Proposed Work Plan for Fiscal Year 2024 Attachment D: Proposed LAFCO Budget for Fiscal Year 2024 Attachment E: Estimated FY 2024 Costs to Agencies 5.1 p. 22 of 130 5.1 p. 23 of 130 STATUS OF CURRENT YEAR WORK PLAN (FISCAL YEAR 2023) PAGE 1 of 7 PRIORITY* H - High Priority (essential activities: state mandate, Commission directive, requirements) M - Medium Priority (important, provided resources allow or time permits) L - Low Priority (desirable provided resources allow or time permits , not urgent) PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCES PRIORITY* STATUS LAFCO APPLICATIONS Process applicant-initiated LAFCO proposals Encourage pre-application meetings prior to application submittal Conduct pre-agenda meetings with County Depts to obtain Assessor & Surveyor reports, as needed Process applications per CKH Act requirements: issue Notice of Application, Certificate of Filing / Sufficiency, Public Hearing Notice, staff report, conduct protest proceedings, as needed Staff H Several pre- application meetings held (Monte Sereno, Sunnyvale/Cuper tino Sanitary District, WVSD, San Jose) 3 city conducted and a SOI amendment/ annexation application completed, one USA amendment in progress Comment on potential LAFCO applications, relevant projects & development proposals, city General Plan updates and/ or related environmental documents Ongoing, as needed Staff H Ongoing County Housing Element Review and update LAFCO policies for context, clarity and consistency with State law In progress Staff / Consultant H In progress Prepare flowcharts for LAFCO processes and update application packets for current requirements and ease of public use Upon completion of policies update Staff L Internal application processing checklists updated ITEM # 7 Attachment A 5.1 p. 24 of 130 STATUS OF CURRENT YEAR WORK PLAN (FISCAL YEAR 2023) PAGE 2 of 7 PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCES PRIORITY* STATUS ISLAND ANNEXATIONS Conduct outreach to cities with islands, follow up on responses including review/research of city limits/ USA boundaries, provide assistance with annexations or necessary USA amendments Prepare and distribute island maps to cities Staff L As needed Facilitate interagency discussions to support remaining island annexations Monte Sereno Staff H As needed, pending city initiation Review and finalize city-conducted island annexations Ongoing, as needed Staff H As needed OUTREACH, GOVERNMENT / COMMUNITY RELATIONS & CUSTOMER SERVICE CUSTOMER SERVICE Conduct outreach to increase awareness of LAFCO’s role Presentations to cities, other agencies on LAFCO, as relevant Distribute LAFCO communications material to elected officials and staff of cities, special districts and the County Seek exhibit opportunities at public spaces / events Maintain website as the primary information resource on LAFCO Increase social media presence (Twitter) Staff L M L H L Presentations provided upon request (Grand Jury, Leadership Sunnyvale, San Jose Planning) Website updated Engage and establish relationships with local (cities, districts, county), regional (ABAG/MTC), state (SGC, OPR, DoC, SWRCB) agencies, organizations such as SDA, SCCAPO, CALAFCO, other stakeholder groups Attend regular meetings of SDA (quarterly), SCCAPO (monthly), County Planning Dept.(quarterly) Small water systems issues / legislation Collaborate with agencies and entities with goals common to LAFCO Staff M M M Ongoing 5.1 p. 25 of 130 STATUS OF CURRENT YEAR WORK PLAN (FISCAL YEAR 2023) PAGE 3 of 7 PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCES PRIORITY* STATUS Track LAFCO related legislation EO attends CALAFCO Legislative Committee Commission takes positions and submit letters on proposed legislation Staff L M EO served on the Legislative Committee until October 2021 Respond to public enquiries re. LAFCO policies, procedures and application filing requirements Timely response to public inquiries Update the PRA form for the website Document research on complex inquiries Report to Commission on complex inquiries Staff H L L H Ongoing High volume of enquiries SERVICE REVIEWS, SPECIAL STUDIES & SPHERE OF INFLUENCE UPDATES Countywide Fire Service Review Manage new consultant’s work and contract Coordinate TAC meetings Attend stakeholder interviews with consultant Work with consultant on any data collection issues Review and comment on administrative draft reports Distribute Public hearing notices and coordinate community workshops and public hearings Prepare and distribute stakeholder/public outreach material Coordinate stakeholder / public engagement process Prepare staff reports with implementation recommendations Staff / Consultant H Working with new consultant on data collection and profiles preparation, review and comment Conducted 2 TAC meetings 5.1 p. 26 of 130 STATUS OF CURRENT YEAR WORK PLAN (FISCAL YEAR 2023) PAGE 4 of 7 PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCES PRIORITY* STATUS Follow up with agencies and report back to the commission Continue to monitor implementation of recommendations from previous service reviews and conduct special studies, as necessary RRRPD study – city took action to delay decision on consolidation Staff L Pending city action Map Mutual Water companies Initial maps complete, further work through service review Staff L As needed Engage in or support grant / partnership opportunities on issues related to enhancing viability of agriculture, and climate smart growth As needed, and as opportunities arise Staff L As needed Compile and post JPA filings on the LAFCO website Notice provided, gather JPA information through service review process Staff L Ongoing COMMISSION SUPPORT Provide ongoing support to the 12 commissioners for regularly-scheduled Commission meetings, special meetings and Committee meetings (Finance Committee, Ad Hoc Committee on Organizational Assessment and the Fire Service Review TAC) Prepare and distribute public hearing notices and agenda packets, provide staff support during the meetings, record minutes, broadcast meetings Hold pre-agenda review meeting with Chair Hold pre-meeting calls with individual commissioners to address agenda item questions Process commissioner per diems for attendance at LAFCO meetings Staff H Ongoing Keep the Commission informed EO report off-agenda emails, as needed Staff H Ongoing 5.1 p. 27 of 130 STATUS OF CURRENT YEAR WORK PLAN (FISCAL YEAR 2023) PAGE 5 of 7 PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCES PRIORITY* STATUS Onboarding new Commissioners Facilitate filing / completion of Form 700, commissioner pledge, ethics training. Update LAFCO letterhead, directory, and website Set up vendor accounts, provide parking permits Conduct new Commissioner orientation Recognize outgoing commissioners for service on LAFCO Staff H Five new commissioners; one position remains vacant at this time Onboarding, orientations completed for 4; one in progress LAFCO past, present, future: guest presentation at 2/1 LAFCO meeting Commissioners Selection Process Inform appointing bodies of any upcoming vacancies and provide information on appointment criteria Convene ISDSC committee meeting, as necessary Coordinate public member selection process, as necessary Staff H Initiated process for selection of new public member and alternate public member Conduct a Strategic Planning Workshop 2018 Workshop re. LAFCO Communications and Outreach Plan Staff / Consultant L On hold Commissioner participation in CALAFCO Support commissioner participation in CALAFCO activities / or election to the CALAFCO Board Staff L 2 commissioners attended CALAFCO Annual Conference 5.1 p. 28 of 130 STATUS OF CURRENT YEAR WORK PLAN (FISCAL YEAR 2023) PAGE 6 of 7 PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCES PRIORITY* STATUS ADMINISTRATIVE PROJECTS Prepare LAFCO annual work plan March –June Staff H In progress Prepare LAFCO annual budget March –June Staff H In progress Prepare LAFCO Annual Report August 2022 Staff H Completed Prepare LAFCO Annual Financial Audit October 2022 (Contract with Chavan Associates extended for FY 2023 and FY 2024) Consultant / Staff H Completed Office / facility management Coordinate with Building Manager on facilities issues Coordinate with County re. computers/network, phone, printers, office security, procurement , installation & maintenance Order and manage office supplies Make travel arrangements and process expense reimbursements. Process mileage reimbursements Office space lease extended (lease extended through April 30, 2027) Staff H Ongoing Transitioning to in-person / hybrid meetings Coordinating with County for webcasting LAFCO meetings Records management Organize scan of LAFCO records to Electronic Document Management System (LaserFische) Maintain LAFCO’s hard copy records Maintain and enhance the LAFCO Website Maintain LAFCO database Staff/ Consultant Staff H H H H On hold Completed LaserFische and LAFCO database server migrations Website content updates completed 5.1 p. 29 of 130 STATUS OF CURRENT YEAR WORK PLAN (FISCAL YEAR 2023) PAGE 7 of 7 PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCES PRIORITY* STATUS Contracts and payments & receivables Track consultant contracts and approve invoices Approve vendor invoices / process annual payments for various services/ memberships Coordinate with County Controller’s Office and track annual collection of payments from member agencies Staff H Ongoing Review and update LAFCO bylaws / administrative policies and procedures Ongoing, as needed Staff H Ongoing Staff training and development CALAFCO workshops, conferences, relevant courses Staff M Staff registered for CALAFCO Workshop Coordinate with County on administrative issues Attend monthly meetings with the Deputy County Executive Staff H Ongoing Staff performance evaluation April – October 2022 Staff/ Commission H Completed in February 2023 Comprehensive Organizational Assessment Study – implementation As needed Staff/ Commission H LAFCO/County MOU to be revised Recruitment and training of LAFCO staff One LAFCO Analyst position currently vacant – recruitment pending County Classification study results Staff H Begin LAFCO Clerk recruitment Other administrative functions mandated of a public agency (Form 700 annual filing & AB 1234 training compliance, Form 806, maintaining liability/workers comp insurance, etc.) Ongoing Staff H Ongoing ADMINISTRATIVE PROJECTS 5.1 p. 30 of 130 5.1 p. 31 of 130 FY 2008 - FY 2022 LAFCO FINANCIALS February 2023 ITEM NO. TITLE ACTUALS FY 2008 ACTUALS FY 2009 ACTUALS FY 2010 ACTUALS FY 2011 ACTUALS FY 2012 ACTUALS FY 2013 ACTUALS FY 2014 ACTUALS FY 2015 ACTUALS FY 2016 ACTUALS FY 2017 ACTUALS FY 2018 ACTUALS FY 2019 ACTUALS FY 2020 ACTUALS FY 2021 ACTUALS FY 2022 EXPENDITURES Salary and Benefits $356,009 $400,259 $406,650 $413,966 $393,194 $411,929 $450,751 $466,755 $484,216 $514,381 $628,534 $713,900 $744,439 $730,716 $639,099 Object 2: Services and Supplies 5255100 Intra-County Professional $66,085 $57,347 $13,572 $4,532 $6,118 $5,260 $5,663 $4,379 $18,523 $1,292 $703 $3,593 $346 $201 $354 5255800 Legal Counsel $0 $9,158 $67,074 $52,440 $48,741 $56,791 $53,550 $52,854 $57,498 $71,131 $59,400 $72,276 $69,975 $65,791 $78,977 5255500 Consultant Services $19,372 $75,000 $76,101 $58,060 $102,349 $59,563 $35,602 $37,250 $39,625 $0 $45,000 $52,650 $106,709 $41,966 $25,389 5285700 Meal Claims $0 $368 $277 $288 $379 $91 $228 $209 $367 $50 $901 $257 $166 $0 $56 5220100 Insurance $491 $559 $550 $4,582 $4,384 $4,378 $4,231 $4,338 $4,135 $4,679 $4,893 $5,296 $5,893 $10,452 $8,591 1151 Office Expenses $1,056 $354 $716 $639 $1,212 $536 $850 $783 $6,266 $48,632 $15,412 $4,702 $2,544 $1,151 $1,462 5270100 Rent and Lease $41,120 $39,360 $44,478 $46,254 $47,903 5255650 Data Processing Services $8,361 $3,692 $3,505 $1,633 $3,384 $1,663 $3,311 $9,024 $1,519 $6,869 $877 $11,894 $15,500 $21,223 $18,125 5225500 Commissioners' Fee $5,700 $5,400 $3,500 $3,400 $4,000 $4,900 $5,800 $4,900 $6,700 $5,300 $5,400 $5,000 $4,600 $6,100 $4,200 5260100 Publications and Legal Notices $1,151 $563 $1,526 $363 $916 $222 $378 $2,484 $487 $191 $145 $192 $44 $90 $704 5245100 Membership Dues $5,500 $7,000 $7,000 $7,000 $7,000 $14,473 $0 $7,428 $7,577 $8,107 $8,674 $9,615 $11,822 $12,144 $12,316 5250750 Printing and Reproduction $5 $0 $0 $0 $0 $0 $9 $177 $703 $0 $0 $0 $799 $0 $0 5285800 Business Travel $7,238 $8,415 $4,133 $8,309 $3,095 $4,777 $5,800 $4,042 $5,811 $3,877 $13,091 $4,260 $6,908 $0 $0 5285300 Private Automobile Mileage $1,016 $704 $832 $1,185 $615 $424 $409 $396 $1,009 $1,264 $590 $689 $696 $61 $0 5285200 Transportation&Travel (County Car Usage)$894 $948 $629 $0 $384 $250 $371 $293 $559 $605 $0 $328 $256 $0 $0 5281600 Overhead $42,492 $62,391 $49,077 $46,626 $60,647 $43,133 $42,192 $34,756 $49,452 $0 $28,437 $69,944 $4,505 $30,917 $49,173 5275200 Computer Hardware $0 $451 $0 $83 $2,934 $1,791 $2,492 $0 $106 $0 $0 $773 $0 $0 $0 5250800 Computer Software $0 $0 $626 $314 $579 $3,124 $933 $1,833 $2,079 $754 $4,505 $3,012 $1,200 $4,708 $1,753 5250250 Postage $1,160 $416 $219 $568 $309 $589 $246 $597 $411 $209 $183 $117 $73 $184 $159 5252100 Staff Training Programs $0 $665 $491 $250 $300 $0 $0 $1,431 $0 $0 $0 $350 $525 $70 $70 5701000 Reserves $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL EXPENDITURES $516,530 $633,691 $636,478 $604,238 $640,540 $613,895 $612,816 $633,929 $687,043 $667,342 $857,865 $998,208 $1,021,478 $972,028 $888,331 REVENUES 4103400 Application Fees $46,559 $41,680 $35,576 $48,697 $37,426 $45,458 $63,561 $27,386 $146,168 $20,436 $29,864 $33,049 $7,587 $34,622 $41,847 4301100 Interest: Deposits and Investments $24,456 $16,230 $6,688 $4,721 $4,248 $3,416 $2,674 $2,844 $6,073 $10,830 $12,620 $12,141 $18,176 $10,488 $7,831 TOTAL REVENUES $71,015 $57,911 $42,264 $53,418 $41,674 $48,873 $66,235 $30,230 $152,241 $31,266 $42,484 $45,190 $25,763 $45,110 $49,678 3400150 AVAILABLE FUND BALANCE END OF YEAR $271,033 $368,800 $334,567 $275,605 $209,987 $208,219 $160,052 $226,111 $187,310 $293,489 $331,177 $314,693 $352,123 $312,351 $410,027 3400800 RESERVES AVAILABLE $100,000 $100,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $250,000 $250,000 $200,000 BUDGETED COSTS TO AGENCIES 5440200 County $271,641 $270,896 $267,657 $292,601 $298,597 $281,780 $156,002 $187,521 $220,668 $225,778 $266,298 $277,942 $381,904 $327,928 $295,443 4600100 Cities (San Jose 50% +other cities 50%)$271,641 $270,896 $267,657 $292,601 $298,597 $282,625 $156,002 $187,521 $220,668 $225,778 $266,298 $277,942 $381,904 $327,928 $295,443 4600100 Special Distrcits $296,892 $187,521 $220,668 $225,778 $266,298 $277,942 $381,904 $327,928 $295,443 ITEM # 7 Attachment B 5.1 p. 32 of 130 5.1 p. 33 of 130 PROPOSED WORK PLAN FOR FISCAL YEAR 2024 PAGE 1 OF 6 PRIORITY* H - High Priority (essential activities: state mandate, Commission directive, requirements) M - Medium Priority (important, provided resources allow or time permits) L - Low Priority (desirable provided resources allow or time permits , not urgent) PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCES PRIORITY* LAFCO APPLICATIONS Process applicant-initiated LAFCO proposals Encourage pre-application meetings prior to application submittal Conduct pre-agenda meetings with County Depts to obtain Assessor & Surveyor reports, as needed Process applications per CKH Act requirements: issue Notice of Application, Certificate of Filing / Sufficiency, Public Hearing Notice, staff report, conduct protest proceedings, as needed Staff H Comment on potential LAFCO applications, relevant projects & development proposals, city General Plan updates and/ or related environmental documents Ongoing, as needed Staff H Review and update LAFCO policies for context, clarity and consistency with State law In progress Staff / Consultant H Prepare flowcharts for LAFCO processes and update application packets and application fee schedules for current requirements and ease of public use Upon completion of policies update Staff L ISLAND ANNEXATIONS Conduct outreach to cities with islands, follow up on responses including review/research of city limits/ USA boundaries, provide assistance with annexations or necessary USA amendments Prepare and distribute island maps to cities Staff L Review and finalize city-conducted island annexations Ongoing, as needed Staff H ITEM # 7 Attachment C 5.1 p. 34 of 130 PROPOSED WORK PLAN FOR FISCAL YEAR 2024 PAGE 2 OF 6 PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCES PRIORITY* OUTREACH, GOVERNMENT / COMMUNITY RELATIONS & CUSTOMER SERVICE Conduct outreach to increase awareness of LAFCO’s role Presentations to cities, other agencies on LAFCO, as relevant Distribute LAFCO communications material to elected officials and staff of cities, special districts and the County Seek exhibit opportunities at public spaces / events Maintain website as the primary information resource on LAFCO Increase social media presence (Twitter) Staff L M L H L Engage and establish relationships with local (cities, districts, county), regional (ABAG/MTC), state (SGC, OPR, DoC, SWRCB) agencies, organizations such as SDA, SCCAPO, CALAFCO, other stakeholder groups Attend regular meetings of SDA (quarterly), SCCAPO (monthly), County Planning Dept.(quarterly) Small water systems issues / legislation Collaborate with agencies and entities with goals common to LAFCO Staff M M M Track LAFCO related legislation EO attends CALAFCO Legislative Committee meetings Commission takes positions and submits letters on proposed legislation Staff L M Respond to public enquiries re. LAFCO policies, procedures and application filing requirements Timely response to public inquiries Update the PRA form for the website Document research on complex inquiries Report to Commission on complex inquiries Staff H L L H 5.1 p. 35 of 130 PROPOSED WORK PLAN FOR FISCAL YEAR 2024 PAGE 3 OF 6 PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCES PRIORITY* SERVICE REVIEWS, SPECIAL STUDIES & SPHERE OF INFLUENCE UPDATES Countywide Fire Service Review Manage new consultant’s work and contract Coordinate TAC meetings Review and comment on administrative draft report Distribute Public hearing notices and coordinate community workshops and LAFCO public hearings Prepare and distribute stakeholder/public outreach material Coordinate stakeholder / public engagement process along with public comment and response process Prepare staff reports with implementation recommendations Follow up with agencies on implementation and report back to the commission Staff / Consultant H Countywide Water and Wastewater Service Review Develop water/wastewater service review workplan and identify method for consultant selection Staff M Continue to monitor implementation of recommendations from previous service reviews and conduct special studies, as necessary RRRPD study – city took action to delay decision on consolidation Staff L Map Mutual Water companies Initial maps complete, further through service review Staff L Engage in or support grant / partnership opportunities on issues related to enhancing viability of agriculture, and climate smart growth As needed, and as opportunities arise Staff L Compile and post JPA filings on the LAFCO website Notice provided, gather JPA information through service review process Staff L 5.1 p. 36 of 130 PROPOSED WORK PLAN FOR FISCAL YEAR 2024 PAGE 4 OF 6 PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCES PRIORITY* COMMISSION SUPPORT Provide ongoing support to the 12 commissioners for regularly-scheduled Commission meetings, special meetings and Committee meetings (Finance Committee, and the Fire Service Review TAC) Prepare and distribute public hearing notices and agenda packets, provide staff support during the meetings, record minutes, broadcast meetings Hold pre-agenda review meeting with Chair Hold pre-meeting calls with individual commissioners to address agenda item questions and prepare meeting script for Chair Process commissioner per diems for attendance at LAFCO meetings Staff H Keep the Commission informed EO report Off-agenda emails, as needed Provide ongoing educational opportunities/events Staff H Onboarding new Commissioners Facilitate filing / completion of Form 700, commissioner pledge, ethics training Update LAFCO letterhead, directory, and website Set up vendor accounts, provide parking permits Conduct new Commissioner orientation Recognize outgoing commissioners for LAFCO service Staff H Commissioners Selection Process Inform appointing bodies of any upcoming vacancies and provide information on appointment criteria Convene ISDSC committee meeting, as necessary Coordinate public member selection process, as necessary Staff H Conduct a Strategic Planning Workshop Most recent workshop in 2018 re. LAFCO Communications and Outreach Plan Staff / Consultant L Commissioner participation in CALAFCO Support commissioner participation in CALAFCO activities / or election to the CALAFCO Board Staff L 5.1 p. 37 of 130 PROPOSED WORK PLAN FOR FISCAL YEAR 2024 PAGE 5 OF 6 PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCES PRIORITY* ADMINISTRATIVE PROJECTS Prepare LAFCO annual work plan March –June Staff H Prepare LAFCO annual budget March –June Staff H Prepare LAFCO Annual Report August 2023 Staff H Prepare LAFCO Annual Financial Audit October 2023 (Contract with Chavan Associates extended for FY 2023 and FY 2024) Consultant / Staff H Office / facility management Coordinate with Building Manager on facilities issues Coordinate with County re. computers/network, phone, printers, office security, procurement, installation & maintenance Order and manage office supplies Make travel arrangements and process expense reimbursements. Process mileage reimbursements Office space lease extended (lease extended through April 30, 2027) Staff H Records management Organize scan of LAFCO records to Electronic Document Management System (LaserFische) Maintain LAFCO’s hard copy records Maintain and enhance the LAFCO Website Maintain LAFCO database Staff/ Consultant Staff H H H H Contracts and payments & receivables Track consultant contracts and approve invoices Approve vendor invoices / process annual payments for various services/ memberships Coordinate with County Controller’s Office and track annual collection of payments from member agencies Staff H Review and update LAFCO bylaws / administrative policies and procedures Ongoing, as needed Staff H 5.1 p. 38 of 130 PROPOSED WORK PLAN FOR FISCAL YEAR 2024 PAGE 6 OF 6 PROJECT DESCRIPTION ACTIVITIES / TIMELINE RESOURCES PRIORITY* Staff training and development CALAFCO workshops, conferences, relevant courses Staff M Coordinate with County on administrative issues Attend monthly meetings with the Deputy County Executive Staff H Staff performance evaluation April - October 2023 Staff/Commission H Recruitment, hiring, and training of LAFCO staff Training of new LAFCO Clerk - recruitment and hiring expected by end of FY 2023 Staff H Student internship program Contact the County to explore creation of a paid student internship program Staff L Other administrative functions mandated of a public agency (Form 806, maintaining liability/workers comp insurance, etc.) Ongoing Staff H ADMINISTRATIVE PROJECTS 5.1 p. 39 of 130 PROPOSED LAFCO BUDGET FISCAL YEAR 2023- 2024 ITEM #TITLE APPROVED BUDGET FY 2023 ACTUALS Year to Date 2/21/2023 PROJECTIONS Year End FY 2023 PROPOSED BUDGET FY 2024 EXPENDITURES Object 1: Salary and Benefits $810,419 $403,351 $719,768 $882,121 Object 2: Services and Supplies 5255100 Intra-County Professional $10,000 $0 $10,000 $10,000 5255800 Legal Counsel $78,326 $42,043 $75,500 $82,780 5255500 Consultant Services $150,000 $22,552 $100,000 $150,000 5285700 Meal Claims $750 $56 $300 $750 5220100 Insurance $9,237 $7,042 $9,237 $8,335 5250100 Office Expenses $5,000 $344 $2,000 $5,000 5270100 Rent & Lease $53,182 $35,272 $53,182 $54,766 5255650 Data Processing Services $28,038 $16,375 $28,038 $27,520 5225500 Commissioners' Fee $10,000 $1,900 $7,000 $10,000 5260100 Publications and Legal Notices $1,000 $308 $1,000 $1,000 5245100 Membership Dues $12,887 $12,921 $12,921 $13,870 5250750 Printing and Reproduction $1,500 $0 $500 $1,500 5285800 Business Travel $10,000 $3,125 $6,000 $15,900 5285300 Private Automobile Mileage $1,000 $7 $200 $1,000 5285200 Transportation&Travel (County Car Usage)$600 $0 $200 $600 5281600 Overhead $30,041 $15,021 $30,041 $20,358 5275200 Computer Hardware $3,000 $0 $1,000 $4,000 5250800 Computer Software $5,000 $853 $2,000 $4,000 5250250 Postage $1,000 $10 $300 $500 5252100 Staff/Commissioner Training Programs $2,000 $0 $1,000 $2,000 5701000 Reserves $0 $0 $0 $0 TOTAL EXPENDITURES $1,222,980 $561,180 $1,060,187 $1,296,000 REVENUES 4103400 Application Fees $30,000 $19,603 $25,000 $30,000 4301100 Interest: Deposits and Investments $6,000 $4,657 $6,000 $6,000 TOTAL REVENUE $36,000 $24,260 $31,000 $36,000 3400150 FUND BALANCE FROM PREVIOUS FY $201,006 $410,027 $410,027 $366,814 NET LAFCO OPERATING EXPENSES $985,974 $126,893 $619,160 $893,186 3400800 RESERVES Available $200,000 $200,000 $200,000 $200,000 COSTS TO AGENCIES 5440200 County $328,658 $328,658 $328,658 $297,729 4600100 Cities (San Jose 50% + Other Cities 50%)$328,658 $328,658 $328,658 $297,729 4600100 Special Districts $328,658 $328,658 $328,658 $297,729 February 23, 2023 ITEM # 7 Attachment D 5.1 p. 40 of 130 5.1 p. 41 of 130 $893,186 JURISDICTION REVENUE PER 2020/2021 REPORT PERCENTAGE OF TOTAL REVENUE ALLOCATION PERCENTAGES ALLOCATED COSTS County N/A N/A 33.3333333%$297,728.67 Cities Total Share 33.3333333%$297,728.67 San Jose N/A N/A 50.0000000%$148,864.34 Other cities share 50.0000000%$148,864.33 Campbell $67,824,629 1.9995536%$2,976.62 Cupertino $125,426,339 3.6977230%$5,504.59 Gilroy $131,638,480 3.8808646%$5,777.22 Los Altos $61,718,303 1.8195316%$2,708.63 Los Altos Hills $19,614,107 0.5782480%$860.81 Los Gatos $51,370,842 1.5144757%$2,254.51 Milpitas $186,509,610 5.4985331%$8,185.35 Monte Sereno $4,845,074 0.1428388%$212.64 Morgan Hill $113,620,439 3.3496705%$4,986.46 Mountain View $373,855,966 11.0217345%$16,407.43 Palo Alto $664,162,959 19.5803423%$29,148.15 Santa Clara $1,000,850,828 29.5063155%$43,924.39 Saratoga $35,690,808 1.0522090%$1,566.36 Sunnyvale $554,860,115 16.3579598%$24,351.17 Total Cities (excluding San Jose)$3,391,988,499 100.0000000%$148,864.33 Total Cities (including San Jose)$297,728.67 Special Districts Total Share (Fixed %)33.3333333%$297,728.66 Aldercroft Heights County Water District 0.06233%$185.57 Burbank Sanitary District 0.15593%$464.25 Cupertino Sanitary District 2.64110%$7,863.31 El Camino Healthcare District 4.90738%$14,610.68 Guadalupe Coyote Resource Conservation District 0.04860%$144.70 Lake Canyon Community Services District 0.02206%$65.68 Lion's Gate Community Services District 0.22053%$656.58 Loma Prieta Resource Conservation District 0.02020%$60.14 Midpeninsula Regional Open Space District 5.76378%$17,160.42 Purissima Hills Water District 1.35427%$4,032.05 Rancho Rinconada Recreation and Park District 0.15988%$476.01 San Martin County Water District 0.04431%$131.92 Santa Clara Valley Open Space Authority 1.27051%$3,782.67 Santa Clara Valley Water District 81.44126%$242,473.98 Saratoga Cemetery District 0.32078%$955.05 Saratoga Fire Protection District 1.52956%$4,553.94 South Santa Clara Valley Memorial District 0.03752%$111.71 Total Special Districts 100.00000%$297,728.66 Total Allocated Costs $893,186.00 LAFCO COST APPORTIONMENT: COUNTY, CITIES, SPECIAL DISTRICTS Estimated Costs to Agencies Based on the Preliminary FY 2024 LAFCO Budget March 22, 2023 Preliminary Net Operating Expenses for FY 2024 ITEM # 7 Attachment E 5.1 p. 42 of 130 5.1 p. 43 of 130 Page 1 of 7 City of Gilroy City Council Regular Meeting Minutes Monday, April 3, 2023 | 6:00 PM 1.OPENING 1.1.Call to Order The Meeting was called to order by Mayor Blankley at 6:00 PM. 1.2.Pledge of Allegiance Mayor Pro Tempore Bracco led the Pledge of Allegiance. 1.3.Invocation Pastor Malcolm MacPhail from New Hope Community Church provided the Invocation. 1.4.City Clerk's Report on Posting the Agenda City Clerk Pham reported on the posting of the agenda. 1.5.Roll Call Attendance Attendee Name Present Rebeca Armendariz, Council Member Dion Bracco, Mayor Pro Tempore Tom Cline, Council Member Carol Marques, Council Member Fred Tovar, Council Member Marie Blankley, Mayor Absent Zach Hilton, Council Member 1.6.Orders of the Day There were none. 1.7.Employee Introductions Police Chief Espinoza introduced Veronica Najera Ruiz, Police Records Technician, and Heidi Bates, Public Safety Communicator. Administrative Services Director McPhillips introduced Armando Zepeda, Senior Equipment Mechanic. 2.CEREMONIAL ITEMS - Proclamations and Awards There were none. 3.PRESENTATIONS TO THE COUNCIL 3.1.Annual Presentation from Visit Gilroy/California Welcome Center Visit Gilroy Executive Director Frank Johnson provided the annual presentation to Council and responded to Council Member questions. 7.1 p. 44 of 130 April 3, 2023 | 6:00 PM Page 2 of 7 City Council Regular Meeting Minutes 3.2.PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL Mayor Blankley opened Public Comment. The following members spoke on items that were not on the agenda. Jeff Orth spoke about the upcoming festival and events happening in the City. Gregory Felios requested Council to focus on promoting City’s events. There being no further speakers, Mayor Blankley closed Public Comment. 4.REPORTS OF COUNCIL MEMBERS Council Member Bracco had nothing to report. Council Member Armendariz reported about last Saturday's Cesar Chavez celebration event. She also informed the public about the Fair for families with children with autism occurring on April 22, 2023, at the Civic Plaza. Council Member Marques reported on Gilroy Gardens Board of Directors and thanked folks for attending the downtown clean-up on March 25, 2023. Council Member Cline reported attending the retreats for the Gilroy California Welcome Center Board and the Chamber of Commerce. Council Member Tovar reported on Gilroy Unified School District. Mayor Blankley reported on the State of the City Address. She also reported that she attended the sneak peek event of the Gilroy Youth Impact Center held by Digital Nest on March 23, 2023, and met with Dignity Moves on March 22, 2023. 5.COUNCIL CORRESPONDENCE 5.1.Letter of Support – California High Speed Rail Authority Application for Federal-State Partnership for Intercity Passenger Rail Program Grant Mayor Blankley asked Council if they would like to express support for this item. The item received majority support. 6.FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. 7.CONSENT CALENDAR Mayor Blankley asked Council Members if they wish to pull an item out of the Calendar. Council Member Armendariz requested that Item No. 7.3 be pulled out of the Consent Calendar. Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment. 7.1 p. 45 of 130 April 3, 2023 | 6:00 PM Page 3 of 7 City Council Regular Meeting Minutes Motion: Approve the Consent Calendar, excluding Item No. 7.3. RESULT:Pass MOVER:Dion Bracco, Mayor Pro Tempore SECONDER:Carol Marques, Council Member AYES:Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Marques, Council Member Tovar, Mayor Blankley ABSENT:Council Member Hilton 7.1.Approval of the Action Minutes of the March 20, 2023 City Council Regular Meeting A motion was made to approve the minutes. 7.2.Resolution of The City Council of The City of Gilroy Proclaiming April 2023 as Arts, Culture, and Creativity Month A motion was made to adopt the resolution. Enactment No.: Resolution No. 2023.16 7.3.Approval of the Updated Purchasing Policy Inclusive of Wage Theft Policy Statement Item was pulled out of the Consent Calendar. 7.4.Approval of the Gilroy Tourism Business Improvement District (GTBID) Annual Report as Submitted by Visit Gilroy/California Welcome Center Gilroy for the Period of January 1, 2022 Through December 31, 2022 A motion was made to approve the Gilroy Tourism Business Improvement District Annual Report. 7.3.Approval of the Updated Purchasing Policy Inclusive of Wage Theft Policy Statement Council Member Armendariz requested Council to have the item be discussed at a future City Council meeting. Her request did not receive majority support. Motion: Approve the updated purchasing policy inclusive of the wage theft policy statement. RESULT:Pass MOVER:Dion Bracco, Mayor Pro Tempore SECONDER:Marie Blankley, Mayor AYES:Mayor Pro Tempore Bracco, Council Member Cline, Council Member Marques, Mayor Blankley NAYS:Council Member Armendariz, Council Member Tovar ABSENT:Council Member Hilton 8.BIDS AND PROPOSALS 7.1 p. 46 of 130 April 3, 2023 | 6:00 PM Page 4 of 7 City Council Regular Meeting Minutes There were none. 9.PUBLIC HEARINGS 9.1.Adopt the 2022 Sewer System Master Plan Public Works Director Jordan introduced Tony Akel from Akel Engineering Group, Inc., who provided presentations for Public Hearing Items 9.1, 9.2, and 9.3. Finance Director Sangha also provided staff presentation. Director Jordan, Mr. Akel, and Director Sangha responded to Council Member questions. Mayor Blankley opened Public Hearing at 7:04 PM. There being no speakers, Mayor Blankley closed Public Hearing at 7:04 PM. Motion: Adopt a resolution approving the 2022 Sewer System Master Plan. RESULT:Pass MOVER:Tom Cline, Council Member SECONDER:Carol Marques, Council Member AYES:Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Marques, Council Member Tovar, Mayor Blankley ABSENT:Council Member Hilton Enactment No.: Resolution No. 2023-17 9.2.Adopt the 2022 Water Master Plan Mayor Blankley opened Public Hearing at 7:05 PM. There being no speakers, Mayor Blankley closed Public Hearing at 7:05 PM. Motion: Adopt the resolution approving the 2022 Water System Master Plan. RESULT:Pass MOVER:Dion Bracco, Mayor Pro Tempore SECONDER:Rebeca Armendariz, Council Member AYES:Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Marques, Council Member Tovar, Mayor Blankley ABSENT:Council Member Hilton Enactment No.: Resolution No. 2023-18 9.3.Adopt the 2022 Storm Drainage System Master Plan Mayor Blankley opened Public Hearing at 7:06 PM. There being no speakers, Mayor Blankley closed Public Hearing at 7:06 PM. 7.1 p. 47 of 130 April 3, 2023 | 6:00 PM Page 5 of 7 City Council Regular Meeting Minutes Motion: Adopt a Resolution to approve the 2022 Storm Drainage System Master Plan. RESULT:Pass MOVER:Fred Tovar, Council Member SECONDER:Rebeca Armendariz, Council Member AYES:Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Marques, Council Member Tovar, Mayor Blankley ABSENT:Council Member Hilton Enactment No.: Resolution No. 2023-19 10.UNFINISHED BUSINESS 10.1.Appointment to City Boards, Commissions, and Committees with Open Vacancies Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment. Council appointed Vincent Saso and Terence Fugazzi to the Parks and Recreation Commission with terms expiring December 31, 2025. 11.INTRODUCTION OF NEW BUSINESS 11.1.Enhancing the Access to the Internet and Technology for Gilroy’s Youth Assistant to the City Administrator Atkins provided staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment. Council provided no further direction to Staff. 11.2.Consideration of Creating a Job Protection Policy Assistant to the City Administrator Atkins provided staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment. Council provided no further direction to Staff. 11.3.Review and Approve an Extension to the Memorandum of Understanding and Related Salary Schedules for the Gilroy Police Officers Association for the Period Ending June 30, 2025 Administrative Services and Human Resources 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. 7.1 p. 48 of 130 April 3, 2023 | 6:00 PM Page 6 of 7 City Council Regular Meeting Minutes Motion: Approve the Extension and Supplemental Agreement to the MOU with the GPOA for the Period Ending June 30, 2025 and adopt the Salary Schedule Resolution. RESULT:Pass MOVER:Fred Tovar, Council Member SECONDER:Dion Bracco, Mayor Pro Tempore AYES:Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Marques, Council Member Tovar, Mayor Blankley ABSENT:Council Member Hilton Enactment No.: Resolution No. 2023-20 11.4.Updates to Employment Agreement for City Administrator Jimmy Forbis Mayor Blankley provided a brief presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment. Motion: Approve the Employment Agreement for City Administrator Jimmy Forbis. RESULT:Pass MOVER:Carol Marques, Council Member SECONDER:Rebeca Armendariz, Council Member AYES:Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Marques, Council Member Tovar, Mayor Blankley ABSENT:Council Member Hilton 11.5.Report on Potential Temporary/Emergency Housing at Gilroy Transit Center City Administrator Forbis provided staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. Ron Kirkish complimented City Administrator Forbis’s presentation and reminisced on his experience in San Francisco. He also expressed that the City needs help the best it can but need a united front with every elected official statewide to speak as one voice to Sacramento. There being no further speakers, Mayor Blankley closed Public Comment. 12.CITY ADMINISTRATOR'S REPORTS City Administrator Forbis provided a brief report and responded to Council Member questions. 7.1 p. 49 of 130 April 3, 2023 | 6:00 PM Page 7 of 7 City Council Regular Meeting Minutes 13.CITY ATTORNEY'S REPORTS City Attorney Faber provided a brief report and responded to Council Member questions. 14.ADJOURNMENT Mayor Blankley adjourned the meeting at 8:00 PM. I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Gilroy. /s/Thai Nam Pham, CMC, CPMC City Clerk 7.1 p. 50 of 130 Page 1 of 2 City of Gilroy STAFF REPORT Agenda Item Title:Memorandum of Understanding Among Local Public Agencies in Santa Clara County for Food Recovery Program Costs Meeting Date:April 17, 2023 From:Jimmy Forbis, City Administrator Department:Public Works Submitted By:Daryl Jordan, Public Works Director Prepared By:Michael Lewis, Management Analyst STRATEGIC PLAN GOALS Not Applicable RECOMMENDATION Authorize the City Administrator to enter into a Memorandum of Understanding (MOU) among local public agencies in Santa Clara County for Food Recovery Program costs. BACKGROUND Senate Bill 1383 (2016) includes provisions that require that edible food that would otherwise be sent to landfills instead be recovered and redirected to feed people in need. The law directs jurisdictions to establish food recovery programs and to strengthen existing food recovery networks. To comply with the food recovery provisions of SB 1383, the Santa Clara County Food Recovery Program was established. The countywide Food Recovery Program is funded by the cities of Campbell, Cupertino, Gilroy, Los Altos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San José, Santa Clara, Sunnyvale, and Saratoga; the towns of Los Altos Hills and Los Gatos; and the County of Santa Clara. ANALYSIS For FY 2023/24, the countywide Food Recovery Program will be managed by the Program Administrator and Contracting Agent to the Technical Advisory Committee 7.2 p. 51 of 130 Memorandum of Understanding Among Local Public Agencies in Santa Clara County for Food Recovery Program Costs City of Gilroy City Council Page 2 of 2 April 17, 2023 (TAC) of the Santa Clara County Recycling and Waste Reduction Commission (RWRC). The purpose of the MOU is to establish a mechanism by which all agencies partnering on the countywide Food Recovery Program can pay their respective share of the program’s implementation costs. By partnering on a countywide Food Recovery Program, Gilroy benefits from efficiencies and cost savings related to program outreach and education, improved coordination with food recovery organizations and businesses which often operate in multiple jurisdictions, and consistency with the approach of a larger regional program. ALTERNATIVES Council could choose to not instruct staff to sign the MOU, in which case the City would need to establish its own individual Food Recovery Program to stay compliant with the requirements of SB 1383. FISCAL IMPACT/FUNDING SOURCE The total share for Gilroy for the implementation of the program is $14,298. In 2022, Gilroy and Morgan Hill submitted a regional application for the SB 1383 Local Assistance Grant Program. As part of this grant, the City of Gilroy was awarded $14,610.57 to cover Gilroy’s share of costs for implementing the countywide Food Recovery Program in Fiscal Year 2023/24. The City of Gilroy signed a letter of authorization to allow the City of Morgan Hill to act as the lead agency on behalf of Gilroy as Morgan Hill has historically been contracted to perform similar duties on Gilroy‘s behalf. As the lead agency, Morgan Hill will receive the grant funds and appropriate the funds to pay Gilroy’s share of the Food Recovery Program once Gilroy signs the MOU. Ongoing costs will be calculated each year for the term of the MOU. PUBLIC OUTREACH This item was included on the publicly posted agenda for this meeting. Should the MOU be approved, businesses affected by the program will continue to be informed through outreach and engagement, an activity included in the countywide Food Recovery Program. NEXT STEPS Authorize the City Administrator to sign the Memorandum of Understanding among local public agencies in Santa Clara County for Food Recovery Program costs. Attachments: 1. Attachment A - Memorandum of Understanding Among Local Public Agencies in Santa Clara County for Food Recovery Program Costs 7.2 p. 52 of 130 1 MEMORANDUM OF UNDERSTANDING AMONG LOCAL PUBLIC AGENCIES IN SANTA CLARA COUNTY FOR FOOD RECOVERY PROGRAM COSTS SECTION 1. OVERVIEW This Memorandum of Understanding (“MOU”) is between the cities of Campbell, Cupertino, Gilroy, Los Altos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San José, Santa Clara, Sunnyvale, and Saratoga; the towns of Los Altos Hills and Los Gatos; the County of Santa Clara; and the West Valley Solid Waste Management Authority; collectively “Parties” or individually as a "Party." SECTION 2. RECITALS WHEREAS, the signatory Parties are also “PARTIES” to the Memorandum of Agreement for the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee, which is a Committee of the County of Santa Clara Recycling and Waste Reduction Commission that advances the interests of Party jurisdictions by performing technical and policy review to inform parties and advise the Commission on solid waste management issues, and bring together varied expertise and viewpoints for planning and implementing the Commission approved annual workplan and budget. WHERAS the Parties have previously agreed to jointly fund the cost of a countywide edible food recovery program to satisfy their respective obligations under SB 1383 (2016) and the corresponding regulations; WHEREAS, the County of Santa Clara is the Fiscal Agent for the Technical Advisory Committee (TAC) to the Santa Clara County Recycling and Waste Reduction Commission and the City of Morgan Hill is the Administrator and Contracting Agent for the TAC; WHEREAS, the City of Morgan Hill, as Program Administrator and Contracting Agent, has contracted with Joint Venture Silicon Valley to implement and manage the countywide Food Recovery Program (“Program”) for Fiscal Year 2023/24; WHEREAS, the Parties desire to execute this MOU to provide for their respective share of costs for the Program; NOW, THEREFORE, for good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the Parties agree as follows: 7.2 p. 53 of 130 2 SECTION 3. PURPOSE OF THE MOU The purpose of this MOU is to establish a means of requiring: Payment by the Parties for their share of the costs for implementation of the Program. SECTION 4. EFFECTIVE DATE This MOU shall be effective upon execution of this MOU by all Parties (“Effective Date”). SECTION 5. PAYMENTS UNDER THIS MOU For purposes of the Program, the County of Santa Clara is the Fiscal Agent and the City of Morgan Hill is the TAC Administrator and Contracting Agent, as specified in the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee MOA. The Parties agree to share costs for the services as described in Exhibit A of this MOU. The County of Santa Clara will, within thirty (30) days of the Effective Date of this MOU, submit to the other Parties an invoice for the amounts due under the MOU. Each party will make their payment to the County of Santa Clara based on the invoice amount. SECTION 6. RECORDS AND ACCOUNTS The County of Santa Clara will keep complete and accurate financial records related to accomplishing the purposes of this MOU. Upon reasonable notice to the County of Santa Clara, any Party to this MOU may inspect the financial records related to this MOU. SECTION 7. FURTHER ASSURANCES Each Party will adopt, execute, and make any and all further assurances, instruments and resolutions as may be reasonably necessary or proper to carry out the intention or to facilitate the Parties’ performance of their obligations under this MOU. SECTION 8. REPRESENTATIONS AND WARRANTIES Each Party represents and warrants to all other Parties as follows: Authority: Each Party has the full legal right, power and authority under the laws of the State of California to enter into this MOU and to carry out all of its obligations herein. Due Execution: Each Party’s representatives who sign this MOU are duly authorized to sign and bind their respective agency. 7.2 p. 54 of 130 3 SECTION 9. REMEDIES NOT EXCLUSIVE No remedy herein conferred upon or reserved in this MOU is exclusive of any other remedy, and each such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing in law or in equity or by statute or otherwise, and all such remedies may be exercised without exhausting and without regard to any other remedy. SECTION 10. INDEMNIFICATION In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a Party shall not be shared pro rata but, instead, the Parties agree that, pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees , and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, employees , or agents, under or in connection with or arising out of any work , authority, or jurisdiction delegated to such Party under this MOU. No Party, nor any officer, board member, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of any other Party hereto, its officers, board members, employees, or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other Party under this MOU. The obligations set forth in this paragraph will survive termination and expiration of this MOU. SECTION 11. SEVERABILITY The provisions of this MOU shall be severable, and if any clause, sentence, paragraph, provision or other part shall be adjudged by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this MOU will be valid and binding on the Parties. SECTION 12. AMENDMENTS This MOU may only be amended by a written instrument signed by the Parties. SECTION 13. COUNTERPARTS This MOU may be executed in counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. SECTION 14. USE OF ELECTRONIC SIGNATURES Unless otherwise prohibited by law, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable 7.2 p. 55 of 130 4 document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the City of Morgan Hill. For the purposes of this agreement, the approved methods of signing shall be via DocuSign or original ink signature signed in counterpart and scanned over to the CITY via electronic mail. SECTION 15. INTERPRETATION, PRIOR AGREEMENTS AND AMENDMENTS. This MOU, including all Exhibits attached hereto, represents the entire understanding of the Parties as to those matters contained herein. In the event that the terms specified in any of the Exhibits attached hereto conflict with any of the terms specified in the body of this MOU, the terms specified in the body of this MOU shall control. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This MOU may be modified only by a written amendment duly executed by the Parties to this MOU. SECTION 16. NO LEGAL RELATIONSHIP By entering into this MOU, the Parties are neither forming, nor do they intend to form a partnership, agency, or any other legal entity relationship. No Party is authorized to bind or to act as the agent or legal representative of the other Party for any purpose, and neither Party is granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of any other Party. SECTION 17. GOVERNING LAW, VENUE This MOU has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this MOU shall be in the County of Santa Clara. IN WITNESS OF, the Parties have executed the MOU as of the last date set forth below: City of Campbell Approval as to form, Campbell Date: Date: City of Cupertino Approval as to form, Cupertino Date: Date: 7.2 p. 56 of 130 5 City of Gilroy Approval as to form, Gilroy Date: Date: City of Los Altos Approval as to form, Los Altos Date: Date: Town of Los Altos Hills Approval as to form, Los Altos Hills Date: Date: Town of Los Gatos Approval as to form, Los Gatos Date: Date: City of Milpitas Approval as to form, Milpitas Date: Date: City of Monte Sereno Approval as to form, Monte Sereno Date: Date: City of Morgan Hill Approval as to form, Morgan Hill Date: Date: City of Mountain View Approval as to form, Mountain View Date: Date: 7.2 p. 57 of 130 6 City of Palo Alto Approval as to form, Palo Alto Date: Date: City of San Jose Approval as to form, San Jose Date: Date: City of Santa Clara Approval as to form, Santa Clara (city) Date: Date: City of Saratoga Approval as to form, Saratoga Date: Date: City of Sunnyvale Approval as to form, Sunnyvale Date: Date: County of Santa Clara Approval as to form, Santa Clara County Date: Date: West Valley Solid Waste Management Authority Approval as to form, West Valley Solid Waste Management Authority Date: Date: 7.2 p. 58 of 130 EXHIBIT A COSTS AND SCOPE OF SERVICES i Jurisdictions Initial Local Asst. Grant (LAG) Allocation Initial program "pledge" 19% of LAG Tier 1 Generators Tier 2 Generators Total Generators Base Program Contract Cost ($133 per generator) Jurisdiction Proposed amount Potential Infrastructure Enhancements Jurisdiction Proposed amount Campbell $ 55,495 10,544$ 11 49 60 $ 7,980 $ 7,980 2,564$ -$ Cupertino $ 77,953 14,811$ 10 80 90 $ 11,970 $ 11,970 2,841$ 2,841$ Gilroy $ 75,255 14,298$ 11 48 59 $ 7,847 $ 7,847 6,451$ 6,451$ Los Altos $ 41,038 7,797$ 7 34 41 $ 5,453 $ 5,453 2,344$ 2,344$ Los Altos Hills $ 20,000 3,800$ 0 2 2 $ 266 $ 266 3,534$ 3,534$ Los Gatos $ 41,465 7,878$ 10 45 55 $ 7,315 $ 7,315 563$ -$ Milpitas* $ 100,259 19,049$ 21 92 113 $ 15,029 $ 15,029 4,020$ 4,020$ Monte Sereno $ 20,000 3,800$ 0 1 1 $ 133 $ 133 3,667$ -$ Morgan Hill $ 63,156 12,000$ 15 43 58 $ 7,714 $ 7,714 4,286$ 4,286$ Mountain View $ 109,638 20,831$ 17 114 131 $ 17,423 $ 17,423 3,408$ 3,408$ Palo Alto $ 89,759 17,054$ 7 106 113 $ 15,029 $ 15,029 2,025$ 2,025$ San Jose $ 1,351,654 256,814$ 212 787 999 $ 132,702 $ 132,702 124,112$ 124,112$ Santa Clara $ 172,504 32,776$ 40 162 202 $ 26,866 $ 26,866 5,910$ 5,910$ Saratoga $ 41,085 7,806$ 2 26 28 $ 3,724 $ 3,724 4,082$ -$ Sunnyvale $ 202,777 39,368$ 26 144 170 $ 22,610 $ 22,610 16,758$ 16,758$ Unincorporated SCC $ 113,337 23,000$ 13 35 48 $ 6,384 $ 6,384 16,616$ 16,616$ Totals $ 2,575,374 491,627$ 402 1768 2170 $ 288,445 $ 288,445 203,182$ 192,306$ West Valley Cities 19,152$ No Pledge Note: Initial program pledge was based on program cost estimate before program establishment and experience with program scope of work. West Valley cities contributed for the Base Program, but chose not to contribute for infrastructure enhancements Proposed Jurisdiction contributions for Base Program and Infrastructure - FY 24 Program Costs 7.2 p. 59 of 130 ii SCOPE OF SERVICES Base Program – Countywide Food Recovery Program Management From July 1, 2023 to June 30, 2024, Joint Venture Silicon Valley will run the Santa Clara County Food Recovery Program, serving as the food recovery program (Program) on behalf of all jurisdictions (Jurisdictions) of the Parties, and coordinating with any Party performing their own enforcement. The Base Program 1. Will develop and coordinate a standardized and uniform method to comply with California Code of Regulations, Title 14, Division 7, Chapter 12, “Short-Lived Climate Pollutants.” The Program will operate within the Party’s boundaries and replace the need for the Party to create such a program on its own. 2. Each year by March, the Program will conduct a review of new Tier 1 and Tier 2 Entities, to ensure that as businesses open in Santa Clara County, the appropriate regulated entities are added to the Tier 1 and Tier 2 lists. Closing businesses will be identified during the reporting process, and be eliminated from the lists. 3. Provide Parties with requirements for inclusion in the ‘large event’ list requested from each Party, as well as provide electronic materials for distribution for large event planners. 4. Shall provide Parties with the information and data necessary for the Parties to make their required reports to CalRecycle. 5. Shall retain records of inspections for each Party for a minimum of five (5) years. 6. Shall notify the Party promptly about any related issues that require the Party’s assistance or to request the Party lead in resolving the issue(s) that arise related to non-compliance. 7. Shall fulfill the annual education requirement for the Parties and provide the data needed for the Parties to complete required CalRecycle reports. 8. Shall conduct generator and Food Recovery Organization/Services requests for reports, compile the results, and communicate those results to the jurisdictions for inclusion in the Implementation Record Data Summary, and to Santa Clara County for use in future Capacity Planning efforts. 9. Shall conduct inspections and monitoring in compliance with CalRecycle expectations for Tier One businesses, Tier Two entities and Organizations, and Food Recovery Organizations and Services. 10. The Program shall supply appropriate content for the web site, SCCFoodRecovery.org, as well as a list of Food Recovery Organizations and Services. The list will be annually updated and made accessible to Tier 1 and 2 Entities. 11. The Program leadership shall represent the interests of the Program with other entities, Counties, and CalRecycle. 7.2 p. 60 of 130 iii 12. The Program leadership shall create reports about Program activities at the end of each fiscal year. These reports shall include monitoring statistics, details on overall compliance, compliance in certain sectors, total number of pounds of food recovered, and a summary of all enforcement actions taken. 13. Statistics about food recovery in Santa Clara County will be shared on the Office of Sustainability website as part of the Sustainability Master Plan Data Dashboard and the Annual Sustainability Report. All Parties to this MOU will receive the Base Program services. Infrastructure Enhancements Program As shown in Exhibit A of this MOU, some jurisdictions have chosen to contribute to the edible food recovery Infrastructure Enhancements Program which will direct additional food recovery resources to participating jurisdictions between July 1, 2023 and June 30, 2024. The Infrastructure Enhancements Program will include two subprograms, described as follows: 1) Small Capacity Grants. Grants will be issued to increase the food recovery capacity of food recovery organizations that serve contributing jurisdictions. Applications will be solicited, awards will be issued, and funds will be distributed. Joint Venture Silicon Valley will provide information for Annual Reporting that shows how contributions to this subprogram were spent on behalf of each participating Agency. 2) Food Waste Prevention Classes. A webinar/in‐person series will be advertised for different sectors regulated under SB 1383 (e.g., restaurants, hospitals, schools, large events). The series will promote food waste prevention measures specific to each regulated sector, provide food recovery tips and best practices, and teach businesses and organizations how to comply with SB 1383 and local ordinances. The series will start with Tier 2, and then move into Tier 1 groups that answered 'zero pounds' in their reports, if funding allows. Joint Venture Silicon Valley will provide information for Annual Reporting that shows how contributions to this subprogram were spent on behalf of each participating Party. 7.2 p. 61 of 130 Agenda Item Title: Meeting Date: From: Department: Submitted By: Prepared By: City of Gilroy STAFF REPORT Resolution to Accept FEMA Funding for COVID-19 Vaccinator Overtime Reimbursement April 17, 2023 Jimmy Forbis, City Administrator Fire Jim Wyatt, Fire Chief Jennifer Fortino, Management Analyst STRATEGIC PLAN GOALS Ensure Neighborhood Equity from City Services RECOMMENDATION Council adopt a resolution to accept a FEMA reimbursement grant in the amount of $69,633.81. ANALYSIS In response to the COVID-19 Public Health Emergency, beginning in December 2020 through June 2021, the Gilroy Fire Department assisted the Santa Clara County Public Health Department with vaccinating Santa Clara County residents using Gilroy Fire Department Firefighter/Paramedic/EMTs as vaccinators. Staff subsequently submitted a grant application to FEMA for reimbursement of the overtime costs incurred by Fire Department staff while working as vaccinators. FEMA approved the grant request and as part of the payment process, requires that a resolution of the applicant’s governing board be adopted to authorize the payment. The resolution is in the form that is provided by the California Governor’s Office of Emergency Services. ALTERNATIVES Council may reject the resolution. If rejected, the City would not meet the requirements of the reimbursement request and would not be eligible to receive the reimbursement. Page 1 of 2 7.3 p. 62 of 130 Resolution to Accept FEMA Funding for COVID-19 Vaccinator Overtime Reimbursement FISCAL IMPACT/FUNDING SOURCE The Fire Department incurred overtime costs of $69,633.81 in Fiscal Year 2021 while participating in the Santa Clara County vaccinator program. The reimbursement revenue is expected to be received in FY23 and will be included in the Fire Department’s FY23 year-end revenue projections. If Council does not approve the resolution, the City would not receive reimbursement for the overtime costs incurred when Gilroy Firefighters worked as COVID-19 vaccinators. PUBLIC OUTREACH This item was included in the publicly posted agenda for this meeting. NEXT STEPS If approved, staff will forward the signed resolution to FEMA to complete the reimbursement request. Attachments: 1. Draft Resolution City of Gilroy City Council Page 2 of 2 April 17, 2023 7.3 p. 63 of 130 DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES BE IT RESOLVED BY THE OF THE (Governing Body) (Name of Applicant) THAT , OR (Title of Authorized Agent) , OR (Title of Authorized Agent) (Title of Authorized Agent) is hereby authorized to execute for and on behalf of the , (Name of Applicant) a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of 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), under -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 That the , a public entity established under the (Name of Applicant) laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES DESIGNATION OF APPLICANT'S AGENT RESOLUTION NON-STATE AGENCIES OES-FPD-130 (Rev. 10-2022) RECOVERY DIRECTORATE FINANCIAL PROCESSING DIVISION Cal OES ID No: _____________ OES-FPD-130 Rev. 10-2022 Page 1 of 4 085-29504 City Council City Administrator Assistant City Administrator Fire Chief City of Gilroy City of Gilroy City of Gilroy 7.3 p. 64 of 130 Please check the appropriate box below This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval. This is a disaster/grant specific resolution and is effective for only disaster/grant number(s): Passed and approved this __day of , 20 (Name and Title of Governing Body Representative) (Name and Title of Governing Body Representative) (Name and Title of Governing Body Representative) CERTIFICATION I, , duly appointed and of (Name) (Title) , do hereby certify that the above is a true and (Name of Applicant) correct copy of a resolution passed and approved by the (Governing Body) of the on the day of , 20 . (Name of Applicant) (Signature) (Title) STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES DESIGNATION OF APPLICANT'S AGENT RESOLUTION NON-STATE AGENCIES OES-FPD-130 (Rev. 10-2022) RECOVERY DIRECTORATE FINANCIAL PROCESSING DIVISION OES-FPD-130 Rev. 10-2022 Page 2 of 4 Mayor Marie Blankley Mayor Pro Tempore Dion Bracco Council Members Rebeca Armendariz, Tom Cline, Zach Hilton, Carol Marques and Fred Tovar City Council City of Gilroy City of Gilroy 4 City Clerk City Clerk DR-4482. Thai Pham 7.3 p. 65 of 130 Page 1 of 4 City of Gilroy STAFF REPORT Agenda Item Title:Public Hearing to Establish a List of Properties Subject to the Weed Abatement Program and Adoption of a Resolution Authorizing the Fire Chief to Abate the Nuisance Arising Out of Weeds Growing and Refuse Accumulating Upon Property in the City of Gilroy Pursuant to Section 12.51 of the Gilroy Code Meeting Date:April 17, 2023 From:Jimmy Forbis, City Administrator Department:Fire Submitted By:Jim Wyatt, Fire Chief Prepared By:Jonathan Crick, Deputy Fire Marshal STRATEGIC PLAN GOALS Not Applicable RECOMMENDATION Adopt a Resolution of the City Council of the City of Gilroy authorizing the Fire Chief to abate the nuisance arising out of weeds growing and refuse accumulating upon property in the City of Gilroy, pursuant to Section 12.51 of the Gilroy City Code. BACKGROUND On February 27, 2023, the City Council adopted Weed Abatement Resolution 2023-08 declaring weeds and refuse as a public nuisance. This annual process complies with both the City Code and State Health and Safety Code, which require that, prior to authorizing the abatement of a lot, the City hold a public hearing regarding the subject properties. The City of Gilroy, via the annual resolution, identifies those properties and owners with a history of non-abatement. This list serves as the commencement for the County’s inspection and abatement program. The abatement program continues to be implemented under an agreement with the Santa Clara County Agricultural Commissioner’s Office for the Vegetation Management Program. 9.1 p. 66 of 130 Public Hearing to Establish a List of Properties Subject to the Weed Abatement Program and Adoption of a Resolution Authorizing the Fire Chief to Abate the Nuisance Arising Out of Weeds Growing and Refuse Accumulating Upon Property in the City of Gilroy Pursuant to Section 12.51 of the Gilroy Code City of Gilroy City Council Page 2 of 4 April 17, 2023 All subject property owners identified on the commencement list will receive a public hearing notice, the abatement instructions and the fee costs. The abatement notice is sent to property owners after the City Council adoption of the Weed Declaration Resolution. As part of the notification, property owners receive notice that the annual Abatement Deadline is May 15, 2023. A second notice was sent out approximately 30 days prior to the May 15th deadline. If the property owner fails to complete the abatement of their lot by May 15, 2023, the owner will be assessed fees for the failed inspection, in addition to the initial inspection fee, and will receive a notice requiring that the abatement be completed within two weeks. Lots in the Wildland Urban Interface Hazardous Fire Areas, primarily homes on the hillside, pose an immediate concern with potential wildfires. Therefore, these owners will not receive the additional 2-week grace period. If these lots are not abated by the May 15th deadline, the County will complete a work order to have the lot abated by their contractor. The County will then assess an abatement administrative fee, in addition to the cost of the abatement. The abatement administrative fee and cost of abatement will be in addition to the inspection fee and the failed inspection fee. At the conclusion of the abatement period, a public hearing (tax lien hearing) will be held on August 7, 2023, to add the fees as a tax assessment for the following year’s property taxes. Prior to the City Council tax lien assessment hearing, property owners with an assessment will be notified of the pending action. They can request an administrative meeting/review with the County’s Program Manager and the City’s Fire Marshal should they disagree with the assessment. The administrative meeting/review can be held in person, virtually, or by phone. The purpose is to eliminate assessments incorrectly made through an error or incorrectly applied to the wrong property owner. A listing of the properties and owners that have been noticed is attached and on file with the City Clerk. It is also posted at the City’s Fire Stations. Lots in which weeds and/or rubbish have been abated by the May 15th deadline and are maintained in an abated condition through the fire season will only be assessed the $92 inspection fee. Following the adoption of the Weed Declaration Resolution by the City Council, this year’s weed abatement notices went out to property owners in March 2023. This year’s commencement listing consists of 166 properties identified by assessor parcel number (APN). As part of the inspection process, which will occur shortly after May 15, 2023, the County will maintain current photos and documentation of their inspections. Property owners who missed the deadline will receive subsequent notices and associated fees. Lots that need immediate abatement (e.g., those located in Wildland Urban Interface Hazardous Fire Areas) will be abated by the County. A comprehensive report of abated lots and associated fees will be presented to the City Council at the tax lien assessment hearing on August 7, 2023. The agreement with the County requires properties that have failed inspections within the past three years to remain on the commencement list. A property with no violations 9.1 p. 67 of 130 Public Hearing to Establish a List of Properties Subject to the Weed Abatement Program and Adoption of a Resolution Authorizing the Fire Chief to Abate the Nuisance Arising Out of Weeds Growing and Refuse Accumulating Upon Property in the City of Gilroy Pursuant to Section 12.51 of the Gilroy Code City of Gilroy City Council Page 3 of 4 April 17, 2023 within a consecutive three-year period will be removed from the commencement list. However, the County does provide for some lots to be removed from the commencement list if the property has been completely redeveloped and there is no unmanaged weed hazard. The commencement list fluctuates from year to year. The commencement list changed from 174 lots for 2019 to 146 lots for 2020, 150 for 2021, 146 for 2022 and 166 lots for 2023. Any owner who objects to their property on the commencement list can object as part of this public hearing. Such lots can be removed from the commencement list if there is an adequate reason (i.e., the lot has been redeveloped and there is no weed risk). Any objections will be evaluated for conformance to the agreement, and an adjustment will be made if appropriate. Otherwise, the commencement list should be approved by the City Council so the program can proceed. Owners with concerns that cannot meet the deadline due to site conditions can contact the County and/or City Fire Marshal’s office. The County also provides a website for the public to notify them of weed complaints. Lots reported or identified as out of compliance with weed and refuse requirements that are not on the commencement list will also be sent a notice to comply. Administrative citations can be issued by the Fire Marshal’s office, and lots can be added to the abatement program for the following year. If an unlisted lot has unmitigated weeds and refuse, that lot can be scheduled for a separate public hearing to allow the County to abate the lot this year and assess fees for cost recovery. ALTERNATIVES The Council could choose not to approve the resolution to establish the commencement list. The burden of both managing this program and abating the properties would revert back to the City of Gilroy, requiring additional resources to be needed and no funding available. THIS ACTION IS NOT RECOMMENDED. FISCAL IMPACT/FUNDING SOURCE As long as the County recovers its expenses for the program using the fees assessed, the County bears the entire program cost. If there is a shortfall in cost recovery, the City would be requested to provide its proportionate share of the shortfall. PUBLIC OUTREACH In March of 2023, the County of Santa Clara mailed abatement notices and instructions to property owners identified on the commencement list. The City of Gilroy will continue to include weed abatement as part of annual public outreach for fire prevention and community risk reduction. NEXT STEPS 9.1 p. 68 of 130 Public Hearing to Establish a List of Properties Subject to the Weed Abatement Program and Adoption of a Resolution Authorizing the Fire Chief to Abate the Nuisance Arising Out of Weeds Growing and Refuse Accumulating Upon Property in the City of Gilroy Pursuant to Section 12.51 of the Gilroy Code City of Gilroy City Council Page 4 of 4 April 17, 2023 As part of the inspection process, which will occur shortly after May 15, 2023, the County will maintain current photos and documentation of their inspections. Property owners who missed the deadline will receive subsequent notices and associated fees. Lots that need immediate abatement (e.g., those located in Wildland Urban Interface Hazardous Fire Areas) will be abated by the County. A comprehensive report of abated lots and associated fees will be presented to the City Council at the tax lien assessment hearing on August 7, 2023. Lots reported or identified as out of compliance with weed and refuse requirements that are not on the commencement list will also be sent a notice to comply. If an unlisted lot has unmitigated weeds and refuse, that lot can be scheduled for a separate public hearing to allow the County to abate the lot this year and assess fees for cost recovery. Attachments: 1. 2023 Gilroy Commencement Report 2. Draft Resolution Chief authorization 9.1 p. 69 of 130 Situs APN CITY/STATE 2023 WEED ABATEMENT PROGRAM COMMENCEMENT REPORT CITY OF GILROY TRA Exhibit A MARQUES, ALBERT 2020 ROCKROSE CT GILROY CA 95020-7931 02-0018340WINTERCT783-03-0731 SUNSET HILLS DEVELOPMENT LLC 575 SOUTHSIDE DR STE C GILROY CA 95020 02-0018351WINTERCT783-03-0772 HOEY RANCH COMPANY 2485 HECKER PASS HY GILROY CA 95020-8802 02-004NO SITUS 783-04-0323 SEVILLA, JERRY M AND CUNANAN, 'PO BOX 5175 ARAMCO MC DHAHRAN 31311 02-0041920MANTELLIDR783-45-0164 ENTERPRISE REI 8 LLC 10440 DE ANZA BL S STE D5ACUPERTINO CA 95014 02-0040HOLLYHOCKSLN783-45-0445 AHMADI, AMINREZA 'P O BOX 608 LOS GATOS CA 95030 02-0042320WILDROSECT783-46-0396 LE, ANH & IPX SERVICES INC 682 KAWEAH AVE CLOVIS CA 93619 2004783-46-0797 ENTERPRISE REI 8 LLC 24168 BIG BASIN WY SARATOGA CA 95070 02-0040SUNFLOWERCL783-47-0038 SHEVCHENKO, DENIS AND REBECA 9283 BRIARBERRY LN GILROY CA 95020-8210 02-0019283BRIARBERRYLN783-50-0069 ARDANUY, PAUL AND JACQUELYN M 1383 PHEASANT DR GILROY CA 95020-8203 02-0011383PHEASANTDR783-50-05010 PALMER, MARY L 1463 PHEASANT DR GILROY CA 95020-8219 02-0011463PHEASANTDR783-50-05811 SAULAN, KIMCHAU THI TRUSTEE 4125 HECKER PASS RD GILROY CA 95020 02-0018772FOXGLOVECT783-52-01912 KOLLAREDDY, SRIDHAR 7948 MCCLELLAN RD APT 1 CUPERTINO CA 95014 02-0018775WILD IRIS DR 783-52-02913 ZARGARIAN, HELGA 8755 WILD IRIS DR GILROY CA 95020-0000 02-0018755WILD IRIS DR 783-52-03114 VARGAS, ANABEL AND GOMEZ, 1355 ST FRANCIS ST REDWOOD CITY CA 94061 20018745WILD IRIS DR 783-52-03215 SANTO, EDWIN ICHIRO TRUSTEE 1381 PEREGRINE DR GILROY CA 95020-0000 02-0011381PEREGRINEDR783-55-01816 KARBALAEINEMATMOEINI, 2121 CRUDEN BAY WY GILROY CA 95020-0000 02-0042354BANYANST783-65-02217 WOODWARD, DEBBIE 9261 TEA TREE CT GILROY CA 95020-0000 02-0049261TEA TREE CT 783-72-00618 HY, SANG AND YEH, WEN CHUAN 1841 CAROB CT GILROY CA 95020-0000 02-0041881CAROBCT783-72-01119 IYER, EASHWAR SUBRAMANIAM 1830 CAROB CT GILROY CA 95020-0000 02-0041830CAROBCT783-72-01620 NGUYEN, HENRY H ET AL 6971 SPUMANTE WY GILROY CA 95020-0000 02-0041820CAROBCT783-72-01721 OPINSKI, ROSE 2626 FALLBROOK DR MERCED CA 95340 02-0041810CAROBCT783-72-01822 RAMM, ANGELA DAVINA MARTINEZ 574 BLAIRBURRY WY SAN JOSE CA 95123-1303 02-0049145TEA TREE WY 783-72-02023 CHAKAMIAN, SANJAR AND 1940 PEAR DR MORGAN HILL CA 95037-0000 02-0049045TEA TREE WY 783-72-02324 Page 1Santa Clara County Weed Abatement Program24 records of 166 9.1 p. 70 of 130 Situs APN CITY/STATE 2023 WEED ABATEMENT PROGRAM COMMENCEMENT REPORT CITY OF GILROY TRA Exhibit A WORBOYS, TIMOTHY D TRUSTEE 9050 TEA TREE WY GILROY CA 95020-0000 02-0049050TEA TREE WY 783-72-02425 ATLLURI SASI K AND SURAPANENI 10800 MAXINE AVE CUPERTINO CA 95014-0120 20049035TEA TREE WY 783-72-02526 DO NGOC BICH THI ET AL 979 STORY RD #7024 SAN JOSE CA 95122 20049030TEA TREE WY 783-72-02627 KOLLAREDDY, USHARANI ET AL 7948 MCCLELLAN RD APT 1 CUPERTINO CA 95014 02-0049025MIMOSACT783-72-02728 THIEN, TRACY 38 PARK 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2001555HOLLOWAYRD841-70-037160 TEMPLE GILROY LLC 527 SIMAS DR MILPITAS CA 95035-4723 20016970CAMINO841-70-049161 SIEMPRE SOBRE EL DINERO LLC 190 MONTGOMERY ST N SAN JOSE CA 95110 02-0015885ROSSINLN841-72-001162 PULMUONE FOODS USA INC 2315 MOORE AVE FULLERTON CA 92833 2001560ROSSICT841-72-008163 LONESTAR CALIFORNIA INC 1501 BELVEDERE RD WEST PALM BEACH FL 33406 2001LUCHESSAEAV841-73-005164 HOANG VINCE AN TRI 5240 MONTEVERDE LN LINCOLN CA 95648 20015980TRAVEL PARK CL 841-75-011165 MCCARTHY GILROY LLC 210 ALMENDRA AVE LOS GATOS CA 95030-7211 20016601CAMERONBL841-84-009166 Page 7Santa Clara County Weed Abatement Program166 records of 166 9.1 p. 76 of 130 RESOLUTION NO. 2023-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE FIRE CHIEF TO ABATE THE NUISANCE ARISING OUT OF WEEDS GROWING AND REFUSE ACCUMULATING UPON PROPERTY IN THE CITY OF GILROY, PURSUANT TO SECTION 12.51 OF THE GILROY CITY CODE WHEREAS, pursuant to Article III of Chapter 12 of the Gilroy City Code, on February 27, 2023, the City Council adopted Resolution No. 2023-08 declaring that weeds growing and refuse accumulating in the City of Gilroy constitute public nuisances; and WHEREAS, the Chief of the Fire Department of the City of Gilroy has caused notice of the adoption of Resolution No. 2023-XX and notice of a public hearing on the proposed order to abate said nuisances to be given to all of the affected property owners at their stated mailing addresses on the latest tax assessor’s role, and has also caused notice to be given by posting and publication in the manner and form provided in Sections 12.48, 12.49 and 12.53 of the Gilroy City Code; and WHEREAS, said public hearing was duly held on April 17, 2023, pursuant to said resolution in the time and manner required by law, and any objections raised to the proposed destruction or removal of said weeds and refuse were duly considered by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS: 1. That the Chief of the Fire Department is hereby ordered to abate the nuisances on the properties described in Attachment “A” hereto, or cause the same to be abated, by having refuse removed and weeds destroyed and/or removed by cutting, discing, chemical spraying or any other method as may be determined by the Chief of the Fire Department or his authorized Contractor. Such abatement shall be performed before May 15, 2023. 2. That any property owner shall have the right to destroy and/or remove weeds growing and refuse accumulating on his property or have the same destroyed or removed at his expense prior to the arrival of the Chief of the Fire Department or his authorized representatives or contractors to remove them. Any property found with weeds after May 15, 2023 shall be subject to the costs of further inspection and /or abatement by the City or the County and its authorized contractor. Sites found after such date that constitute a fire hazard shall also be subject to administrative citation. 9.1 p. 77 of 130 Resolution No. 2023-XX Weed Abatement Program City Council Regular Meeting | April 17, 2023 Page 2 of 2 3. That the Chief of the Fire Department or his authorized contractors shall keep an account of the costs of destroying and/or removing said weeds and refuse and embody such account in a report and assessment list to be presented to the City Council and filed with the City Clerk. Such report shall refer to and sufficiently describe each separate lot or parcel of land and, for each, shall state the costs of destroying or removing weeds, removing refuse, or both, and the costs which are proposed to be assessed against the lot or parcel. PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the 17th day of April 2023 by the following roll call vote: AYES:COUNCIL MEMBERS: NOES:COUNCIL MEMBERS: ABSTAIN:COUNCIL MEMBERS: ABSENT:COUNCIL MEMBERS: APPROVED: Marie Blankley, Mayor ATTEST: _______________________ Thai Nam Pham, City Clerk 9.1 p. 78 of 130 Page 1 of 3 City of Gilroy STAFF REPORT Agenda Item Title:Approval of the Santa Teresa Interim Fire Station Alternate Location at Christmas Hill Park Meeting Date:April 17, 2023 From:Jimmy Forbis, City Administrator Department:Fire Submitted By:Jim Wyatt, Fire Chief Prepared By:Jennifer Fortino, Management Analyst STRATEGIC PLAN GOALS Ensure Neighborhood Equity from City Services RECOMMENDATION Approve the alternate location of the Santa Teresa Interim Fire Station which is proposed to be located on the ranch side of Christmas Hill Park in the Santa Teresa Fire Response District. BACKGROUND The City Council approved the construction of an interim fire station located on the corner of 10th Street & DeAnza Place on July 5, 2022. At the time, it was anticipated that PG&E could install electrical infrastructure for the site by late-February/early March 2023 to power the interim fire station modular building. However, over the past several months, severe weather events have delayed PG&E’s site installation. Despite repeated requests by the City to have PG&E prioritize the interim fire station over other projects, PG&E remains unable to commit resources until the end of this year. It is doubtful, especially after the recent additional statewide flooding disasters, that PG&E will be able to meet our expectations for installation by late this year. This delays the completion of other necessary site improvements until the rainy season subsides. This would extend the time the site would be ready to use until late Summer 2024. In the meantime, construction of the modular trailer is anticipated to be completed within an estimated eight (8) weeks from when the modular lease agreement is finalized. We anticipate completing the agreement within the next 2-3 weeks.  10.1 p. 79 of 130 Approval of the Santa Teresa Interim Fire Station Alternate Location at Christmas Hill Park City of Gilroy City Council Page 2 of 3 April 17, 2023 ANALYSIS The Fire Department initially sought the 10th Street/DeAnza Place site for the interim fire station because of its more central location in the Santa Teresa Fire Response District. This location is just a few blocks from the site designated for the permanent Santa Teresa Fire Station and would provide more evenly distributed responses within this district. This site is large enough to accommodate a modular building, an apparatus bay big enough for two apparatuses, and security fencing around the site’s perimeter. However, this site has not been developed; therefore, it does not have electrical, water, or sewer infrastructure. The lack of this infrastructure requires PG&E to design, schedule, and install a new transformer and electrical panel to provide enough amperage to supply all power needs of the modular building, site lighting, and the apparatus bay. In addition to the PG&E work, trenching for water and sewer pipes would need to be completed, along with pouring foundation and asphalt, before the modular building could be delivered. This would delay the opening of the interim fire station at this site until Summer 2024. Due to the extended timeframe for PG&E to complete the electrical work at the 10th Street/DeAnza Place site, the Fire Department reevaluated the Christmas Hill Park ranch side location as a possible site for the interim fire station. The Fire Department is currently responding out of the Temporary Environmental Education Center (TEEC) building at Christmas Hill Park; however, it does not meet the basic needs for the Fire Department to operate out of 24 hours a day, seven days a week. The park’s previous speed bumps also slowed the fire engine’s response out of the park, thereby increasing the engines response times. As previously reported to Council in July 2022, the remodeling of the TEEC building to meet the Fire Department needs is cost prohibitive. However, the adjacent area next to the TEEC building has enough existing electrical infrastructure to meet the power needs of the TEEC building as well as the modular building, the site’s lighting, an automatic gate, and the apparatus bay. The site also has sufficient existing water and sewer infrastructure to support the modular building. The recent removal of the park’s speed bumps has also improved response times out of the park. The existing electrical infrastructure at the TEEC building eliminates the need to wait for PG&E to install a transformer and electrical panel for the area adjacent to the TEEC. The electrical, water, and sewer connections can be completed by the City’s Public Works Department or their designated contractor. Using the Council’s previously approved funding earmarked for the development of the 10th Street/DeAnza Place site, improvements to the area adjacent to the TEEC building, and delivery of the modular building, could be completed as early as Summer 2023. Changing the location of the modular building to Christmas Hill Park will allow the Fire Department to begin responding out of the modular building 12 months sooner than the department could from 10th Street & DeAnza Place. 10.1 p. 80 of 130 Approval of the Santa Teresa Interim Fire Station Alternate Location at Christmas Hill Park City of Gilroy City Council Page 3 of 3 April 17, 2023 ALTERNATIVES If this request is not approved, the Fire Department will continue to wait for PG&E to complete the installation of the electrical infrastructure at the corner of 10th Street & DeAnza Place. Any additional delay by PG&E would impact and delay future site preparation and installation of the modular building. Projected delays could extend the final installation of the interim fire station until the summer of 2024. Additional costs would be incurred ($500 per month) for storage of the completed modular building until the installation could be completed. Staff does not recommend this option.  FISCAL IMPACT/FUNDING SOURCE The change in location will not incur any additional costs beyond the $344,000 that was approved by Council on July 5, 2022, for the development of the 10th Street & DeAnza Place site. PUBLIC OUTREACH Public outreach will be conducted through messaging on the City’s Website, Email Express, Nextdoor, and other social media accounts. The messaging will be issued at least one week prior to construction activities. NEXT STEPS If approved, staff will move forward to begin the required site improvement work and utility hookups to prepare for the modular building’s delivery. 10.1 p. 81 of 130 Page 1 of 7 City of Gilroy STAFF REPORT Agenda Item Title:Authorize the City Administrator to Enter into a Sole Source Purchasing Agreement with Lenco Industries for the Replacement of a Public Safety Rescue Vehicle for $360,497 Meeting Date:April 17, 2023 From:Jimmy Forbis, City Administrator Department:Police Submitted By:Pedro Espinoza, Police Chief Prepared By:Luke Powell, Captain STRATEGIC PLAN GOALS Ensure Neighborhood Equity from City Services RECOMMENDATION a) Authorize the City Administrator to enter into a sole source purchasing agreement with Lenco Industries for the purchase of a Public Safety Rescue Vehicle for $360,497. b) Adopt a resolution of the City Council of the City of Gilroy approving a Fiscal Year 2023 budget amendment for $150,000 in the Federal Asset Seizure Fund towards the purchase of the Rescue Vehicle. EXECUTIVE SUMMARY In 2010, the Santa Clara County Sheriff’s Office (SCSO), Morgan Hill Police Department (MHPD), and Gilroy Police Department (GPD), entered into a mutual aid resource cooperative to share a rescue vehicle (RV) and house the vehicle at the Gilroy Police Department in a secured garage. With Assembly Bill 481 (AB481) passing in 2021, the SCSO took possession of the ARV and has implemented a strict checkout process preventing its use of the ARV for time-sensitive and high-risk operations. 11.1 p. 82 of 130 Authorize the City Administrator to Enter into a Sole Source Purchasing Agreement with Lenco Industries for the Replacement of a BearCat Public Safety Rescue Vehicle for $360,497 City of Gilroy City Council Page 2 of 7 April 17, 2023 BACKGROUND In 2007, the Gilroy Police Department submitted a grant application through the Federal Emergency Management Association (FEMA) and Homeland Security and Law Enforcement Terrorism Prevention Program (LETPP) for funding to purchase an ARV from Lenco Industries for $250,000. In 2008, the Santa Clara County Sheriff’s Office submitted a grant application through the Urban Areas Security Initiative (UASI) program for a Chemical, Biological, Radiological, Nuclear, and high yield Explosive (CBRNE) ARV for $310,000. In 2010, UASI agreed to fund the SCSO’s grant application with stipulations that the acquired armored vehicle would be a mutual aid resource, shared by the SCSO, MHPD, and GPD and stored in south Santa Clara County to reduce response times during critical incidents. At the time, all three agencies agreed to these requirements and agreed to store the ARV at GPD, with SCSO being the grant manager ensuring compliance with the grant requirements. GPD was selected as the primary storage facility because of our location in South Santa Clara County, the ARV would be stored indoors, and GPD is staffed 24 hours per day, 7 days per week. The City of Gilroy also agreed to provide preventative maintenance on the ARV. In 2011, SCSO, MHPD, and GPD took possession of the CBRNE-equipped Lenco BearCat, and the ARV was housed at GPD until 2021. The City of Gilroy Fleet Department performed regular vehicle maintenance on the ARV from 2011 to 2021. In September 2021, Governor Newsom signed into law Assembly Bill 481, relating to the use of “military equipment” by law enforcement agencies. AB481 requires a law enforcement agency to obtain approval from the applicable governing body via the adoption of a military equipment use policy before funding, acquiring, or using military equipment. The passage of AB481 mandated more stringent control over the usage of the ARV and justified the SCSO removal of the ARV from GPD and South Santa Clara County by relocating it to their facility in San Jose. In April 2021, SCSO staff removed the ARV from GPD and subsequently implemented restrictions on its usage until an official checkout process could be established and monitored by SCSO staff. We have since tried to work with the SCSO to find some common ground that would be in the best interests of all three impacted agencies, but these efforts have been unsuccessful due to State mandates imposed by AB481. Over the proceeding months, SCSO staff established a strict checkout process before any other agency can use the ARV. The checkout process consists of the following steps: 1. A telephone call to SCSO administration asking for permission to use the ARV. This step can take up to an hour because SCSO administration is not always immediately available to field telephone calls. 11.1 p. 83 of 130 Authorize the City Administrator to Enter into a Sole Source Purchasing Agreement with Lenco Industries for the Replacement of a BearCat Public Safety Rescue Vehicle for $360,497 City of Gilroy City Council Page 3 of 7 April 17, 2023 2. After authorization is approved, drive to San Jose, where the ARV is stored. This step can take up to an hour and a half, depending on the time of day and traffic conditions. 3. Wait for an SCSO employee to respond and allow staff into the secured garage. The facility the SCSO chose to store the ARV is not staffed 24 hours a day, and during those off hours, GPD staff is forced to wait an extended period to be given access to the secured garage. 4. Physically inspect the ARV prior to leaving the garage. During rapidly evolving events, the emergency response of vital equipment is crucial to the preservation of life, and 5. Driving from San Jose to Gilroy to deploy the equipment. Again, this step in the process can take up to an hour and a half, depending on the time of day and traffic conditions. The entire checkout process takes anywhere from 1 to 3 hours, depending on the response from SCSO administration, the availability of the ARV, SCSO employee availability to the garage, and traffic conditions to and from San Jose. The relocation of the ARV from Gilroy to San Jose has drastically increased the response time of a vital piece of lifesaving equipment. The process to return the ARV is similar to the checkout process. In addition to the lengthy checkout process, there have been numerous times over the past two years when the ARV was not made available. The SCSO staff has provided us with some of the following reasons: •The ARV was down for maintenance. •The ARV was already in use. •The ARV had been blocked out for use by SCSO. •The ARV was not authorized for community events. The community events the SCSO has advised the ARV could not and will not be used for are, Coffee with a Cop, Ice Cream with a Cop, and National Night Out. In the interest of transparency, these are optimal opportunities for community members to personally familiarize themselves with our vehicles and pieces of equipment. There have been eight documented incidents within a two-year period when the need for the ARV was critical to minimize the exposure of officer safety, secure proximate tactical observation, afford time to formulate de-escalation plans, and safe suspect apprehension. The ARV was not available during the following critical incidents. 2023: February - During a domestic dispute, a suspect produced and pointed a handgun at the victim while in a public area of a large apartment complex. The suspect fled into an unknown area of the apartment complex upon police arrival. Residents were asked to shelter in place while officers searched the complex for the armed suspect. 11.1 p. 84 of 130 Authorize the City Administrator to Enter into a Sole Source Purchasing Agreement with Lenco Industries for the Replacement of a BearCat Public Safety Rescue Vehicle for $360,497 City of Gilroy City Council Page 4 of 7 April 17, 2023 Simultaneously, Gilroy Fire responded to a medical emergency at the complex and needed escort into and out of the patient’s apartment. This complex and evolving event required all available staff to maintain public safety and security. We did not have the staffing available for an officer to leave the event and pick up the ARV using the checkout process. If the ARV was in Gilroy, we would have used it as a secure platform to conduct a more expeditious search for an armed suspect and a secure means to assist Gilroy Fire with the ingress and egress of the patient the medical emergency. January - A subject inside a residence, brandishing a knife, kicked in a door, and threatened the reporting party. Upon police arrival, the subject locked himself in an upstairs bedroom and refused to come out. SCSO advised the ARV was down for maintenance. Negotiations with the subject were limited by his isolation in the bedroom and our standoff distance. De-escalation attempts were attempted but had limited success due to our inability to get close enough to communicate effectively with the subject. The subject was eventually taken into custody after surrendering. January - A preplanned service of a search warrant related to convicted felons in possession of firearms and ammunition. Per the SCSO the ARV was not available. Due to the severity of the crimes, we reached out to Campbell PD who agreed to assist with their ARV and two additional police officers. Campbell’s ARV was used to establish communication with the residents using the vehicle’s integrated two-way intercom system. De-escalation tactics were employed and the residents’ cooperated with the service of the search warrant. 2022: November - The Merced Police Department tracked a homicide suspect to Gilroy and located him at a local hotel. The subject was wanted for the shooting murder of a 9- month-old child and the weapon in this crime was still outstanding. By the time our officer went through the lengthy checkout process with the SCSO and was driving back to Gilroy, the suspect left the hotel on foot and GPD officers were forced to utilize unarmored vehicles and take the suspect into custody with an increase to the officers’ and the publics’ safety. October - An attempted homicide investigation where the suspect in the crime beat his wife with a hammer and then called 911 stating she was bleeding to death and needed immediate medical attention. Uniformed patrol officers arrived on scene and the suspect armed himself with a handgun. The suspect refused to give officers access to his wife, whom he continued to say was bleeding to death inside the residence. The standoff distance and the use of a patrol vehicle’s public address (PA) system limited communication. An ARV would have made de-escalation attempts more effective and the ARV ballistic protection would have afforded officers the ability to get closer to the residence, see into the residence and verify if there was an injured party inside who needed immediate medical aid. This was a rapidly evolving event, and we did not have the staffing available to allow an officer to leave the City and go through the rigorous checkout process for the ARV. 11.1 p. 85 of 130 Authorize the City Administrator to Enter into a Sole Source Purchasing Agreement with Lenco Industries for the Replacement of a BearCat Public Safety Rescue Vehicle for $360,497 City of Gilroy City Council Page 5 of 7 April 17, 2023 June- During a domestic dispute, the suspect fired several rounds from an AR-15 rifle. No one was hit by the rounds, however, some of the rounds penetrated the neighbor’s apartment where a nine and four-year-old resided with their parents. The suspect was eventually contacted and arrested. An ARV would have been used to initiate verbal contact with the suspect, however, we did not have the staffing available to go through the lengthy checkout process for the ARV. April- A complex domestic violence case where the suspect forced his ex-girlfriend into his vehicle, assaulted her, and threatened to kill her. He held her hostage overnight until she was able to escape. Officers located the suspect in his vehicle near a City park and attempted to employ de-escalation tactics, but communication was limited to using a PA system on a patrol vehicle. Officers could not hear the suspect’s responses due to the standoff distance. The ARV would have been used during this event as the vehicle’s ballistic protection provides a safe environment for our officers to employ de-escalation techniques and establish clear communication with the suspect using the vehicle’s integrated two-way intercom system. 2021: November- An arrest warrant was served at the residence of a homicide suspect. The homicide involved a firearm, and the firearm was still outstanding. SCSO advised the ARV was unavailable and due to the severity of the crime, we reached out to Santa Clara PD who agreed to assist with their ARV and two officers. Santa Clara’s ARV was used to establish communication with the residents using the vehicle’s integrated two- way intercom system. De-escalation tactics were employed and the residents’ cooperated with the service of the arrest warrant. ANALYSIS City Purchasing Policy 4.9 Purchases Exempt from Competitive Bidding, provides that competitive bidding shall not apply to (f) “single or sole source goods or services as defined herein.” Lenco is the sole source provider of the BearCat. The Lenco BearCat is an ARV specifically designed for public safety with ballistic protection designed to enhance officer and citizen safety during high-risk search warrants, hostage situations, armed barricaded subjects, active shooter incidents, and other dangerous critical incidents. The ARV would be used as a rescue vehicle to save lives, provide safety for the medical personnel treating victims, safe proximity for crisis negotiations at the scene, and provide the ability to safely deliver equipment, supplies, and other necessities during high-risk operations. The vehicle’s ballistic protection provides an environment for our officers to de-escalate incidents with potentially armed suspects. •The term, “armored,” is not to be confused with the term, “armed.” An armored vehicle is simply a vehicle with ballistic resistance capabilities and has no weapons mounted or attached to the vehicle. 11.1 p. 86 of 130 Authorize the City Administrator to Enter into a Sole Source Purchasing Agreement with Lenco Industries for the Replacement of a BearCat Public Safety Rescue Vehicle for $360,497 City of Gilroy City Council Page 6 of 7 April 17, 2023 •The term “ballistic” has to do with the field of mechanics concerning launch, flight behavior, and impact effects of projectiles. The ARVs ballistic protection rating is not the same as the generalized term of being “bulletproof” which is more commonly used but inaccurate. The Lenco BearCat is the same brand of armored rescue vehicle utilized by GPD as well as all surrounding municipalities and agencies. The standardization of this vehicle allows for additional personnel from neighboring law enforcement agencies to have the necessary knowledge of the ARVs operation and capabilities. Purchasing the same brand of ARV eliminates the need for additional training and the associated costs of maintaining a different type of vehicle. The Lenco BearCat is based on a Ford F-550 Super Duty commercial truck chassis and is the only ARV with a 131-inch wheelbase, thus allowing the compact vehicle to have a tighter turning radius than larger options. The smaller turning radius allows the user to navigate through city streets and traffic with greater maneuverability. GPD is committed to using best practices and contemporary law enforcement equipment to enhance our ability to provide the highest level of public safety to our community. ARVs have been and continue to be employed by the GPD and law enforcement agencies across the country to enhance the safety of the community and law enforcement members. These items provide peace officers with the ability to safely resolve volatile situations and critical incidents that potentially would become lethal force encounters. Our current policies provide our officers with guidelines for using and maintaining an ARV and is already listed in our annual equipment inventory report to City Council. The use of an ARV is critical to GPD's mission and will continue to be strictly regulated through internal processes and oversight. GPD’s Policy 708 is our equipment use policy and outlines each item identified in Government Code section 7070 that the City currently owns. Policy 708 includes the specifics of each item, its intended use, and its cost. Policy 708 protects the public's welfare, safety, civil rights, and civil liberties. Policy 708 ensures safeguards, including transparency, oversight, and accountability measures. ALTERNATIVES Staff researched and evaluated potential ARV options and found all ARVs currently in use by law enforcement agencies in Santa Clara County are the Lenco BearCat. Staff is familiar with this make of ARV, and has twelve years of experience and training with the Lenco BearCat. If all agencies in the County continue to use the Lenco BearCat, this would allow for more seamless cross-training between agencies and safer deployments as personnel are familiar with the operation of this vehicle platform. It is staff’s belief that there is no reasonable alternative to the Lenco BearCat. Staff has not discovered alternative products that can achieve the same objectives and or safety. 11.1 p. 87 of 130 Authorize the City Administrator to Enter into a Sole Source Purchasing Agreement with Lenco Industries for the Replacement of a BearCat Public Safety Rescue Vehicle for $360,497 City of Gilroy City Council Page 7 of 7 April 17, 2023 FISCAL IMPACT/FUNDING SOURCE The recommended replacement/purchase for $360,497 will be made partly from the Police Department’s Federal Asset Seizure Fund ($150,000) and the remainder from Fiscal Year 2023 Police Department Salary Savings ($210,497). Equitable sharing funds received from federal forfeitures can be expended on various law enforcement operations, programs, and equipment. To expend the funds of $150,000 from the Federal Asset Seizure Fund, it is necessary to amend the operations budget to include appropriations for the Asset Seizure Fund. The FY23 proposed budget amendments are as follows: Asset Seizure Fund: Org Code 2253000 Object Code 53125 Amount $150,000 Attachments: 1. Draft Resolution Federal Asset Seizure Fund 2. Quote 100120-B GILCA Gilroy PD CA 3. Lenco Sole Source Letter 4. Lenco Sole Source Specifications 2022 11.1 p. 88 of 130 RESOLUTION NO. 2023-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE BUDGET FOR THE CITY OF GILROY FOR FISCAL YEAR 2022-2023 IN THE FEDERAL ASSET SEIZURE FUND AND APPROPRIATING PROPOSED EXPENDITURE AMENDMENTS WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2021-2022 and 2022-2023, and the City Council carefully examined, considered, and adopted the same on June 7, 2021; and WHEREAS, City Staff has prepared and submitted to the City Council a proposed amendment to said budget for Fiscal Year 2022-2023 for the City of Gilroy in the staff report dated April 17, 2023 for the Federal Asset Seizure Fund, and WHEREAS, the City Council has carefully examined and considered the same and is satisfied with said budget amendments. NOW, THEREFORE, BE IT RESOLVED THAT appropriations in the Federal Asset Seizure Fund are hereby increased by $150,000 for Fiscal Year 2022-2023. PASSED AND ADOPTED this 17th day of April 2023 by the following roll call vote: AYES:COUNCIL MEMBERS: NOES:COUNCIL MEMBERS: ABSTAIN:COUNCIL MEMBERS: ABSENT:COUNCIL MEMBERS: APPROVED: Marie Blankley, Mayor ATTEST: _______________________ Thai Nam Pham, City Clerk 11.1 p. 89 of 130 Quotation 100120-B Quotation Date: Lenco Tax ID#: 03/02/23 04-271977710 Betnr Industrial Drive - Pittsfield, MA 01201 PH: (413) 443-7359 - FAX (413) 445-7865 GILCACustomer Code: Gilroy Police Department 7301 Hanna St. Gilroy, CA 95020 USA Bill To Gilroy Police Department 7301 Hanna St. Gilroy, CA 95020 USA Ship To Net 30 Days FOB: Destination Payment Terms Inhouse Contact Daniel Besemer Shipping Terms Estimated Completion Ship Via Common Carrier Inspection & Acceptance At Lenco's Facility, Pittsfield, MA12 months ARO (Est.) Unit Price TotalQtyItem:Product # $200,704.00Lenco BearCat BC55003-BASE 1 $200,704.00 Options:0 California Mandated Solid Burn Red & Blue-Front, Amber & Blue-Rear LED_CALIF 1 Exterior Paint Color: Lusterless Black LUSTERLESS_BLACK 1 $8,859.00Diesel Engine, 6.7L Turbo BCDLEN 1 $8,859.00 $34,958.00BearCat G3 4-Wheel Off-Road Upgrade Pkg w/Run-Flats BC3WOFFRD 1 $34,958.00 $7,858.004-Door Configuration BC4DR 1 $7,858.00 $1,216.00(1) 7" Vertical GunPort Upgrade BCGP7 8 $152.00 $1,508.00Electric Power Mirrors BCMIR 1 $1,508.00 $2,297.00Back up Camera System with Monitor BCBU 1 $2,297.00 $502.00Radio Prep Package, (1) Max (2)BCINSRA 1 $502.00 $7,182.00Rear A/C - Heating Systems: High Capacity Upgrade BCHACUP 1 $7,182.00 $12,479.00Hydraulic Ram Upgrade wFront Mounted Receiver with Ram Post and Plate BCHYDRAM 1 $12,479.00 $14,552.00Gas Injector Unit BCGIU 1 $14,552.00 $1,295.00Gas Injector Storage Basket BCGISB 1 $1,295.00 $1,200.00Break and Rake BCBAR 1 $1,200.00 $2,034.00Integrated Side Area Lights: (8)BCSAL 1 $2,034.00 $2,808.00Roof Mounted Remote Control Spot Light - LED BCSLLED 2 $1,404.00 $1,853.00Take Down Light (Bumper Mounted)BCTDL 1 $1,853.00 $1,392.00Battery Trickle Charger BCTC 1 $1,392.00 $503.00Plasma Rope BCPLAS1 1 $503.00 $1,936.00Armored Oil Pan Guard BCAOPG 1 $1,936.00 $3,872.00Ballistic Skip Round Shield BCBSRS 2 $1,936.00 $1,713.00Front Skid Pan BCFSP 1 $1,713.00 $2,871.00Intercom System Inside to Outside BCINT 1 $2,871.00 $975.005 Pack Mag Kit BCMAGKIT 1 $975.00 $2,498.00Trauma Lighting (6) Overhead Dome White w/Hi/Low/Red BCLTMED 1 $2,498.00 $317,065.00Configuration Subtotal:$317,065.0 $14,500.00FREIGHTVEHICLEVehicle Freight 1 $14,500.00 $331,565.00Total: 11.1 p. 90 of 130 Quotation 100120-B Quotation Date: Lenco Tax ID#: 03/02/23 04-271977710 Betnr Industrial Drive - Pittsfield, MA 01201 PH: (413) 443-7359 - FAX (413) 445-7865 GILCACustomer Code: Notes: Authorized WARNING: Information Subject to Export Control Laws Acceptance of this quotation or entering into a purchase agreement with Lenco, the purchaser agrees to Lenco's full Terms and Conditions of Sale, available upon request. This quote will be valid for 90 days. Please sign and return Daniel Besemer Authorized Thank you The written approval of the Directorate of US Defense Trade Controls and Lenco Industries, Inc. must be obtained before reselling, transferring, transshipping or disposing of a defense article to any end user, end use or destination other than as stated on this Lenco quote or the shipper's export declaration in cases where an exemption is claimed under this subchapter ITAR 123.9(A). ACCEPTANCE OF PROPOSAL Signature:___________________________________Signature:___________________________________ Gilroy tax (9.125%) of $28,932.18 is NOT collected by Lenco. 11.1 p. 91 of 130 Designer and Manufacturer of Tactical Armored Security Vehicles 10 Betnr Industrial Drive · Pittsfield, MA 01201 · Tel (413) 443-7359 · Fax (413) 445-7865 www.LencoArmor.com · e-mail: Info@LencoArmor.com SOLE SOURCE LETTER Lenco Industries, Inc. 10 Betnr Industrial Drive Pittsfield, MA, 01201 E-mail: Contracting@LencoArmor.com Phone: 413-443-7359 DATE: August 29, 2022 RE: Sole Source Letter for the Lenco BearCat To Whom It May Concern: This letter confirms that Lenco Industries Inc. (d/b/a Lenco Armored Vehicles), as designer and manufacturer, is the Sole Source provider of the following products in the United States and internationally: • Lenco BEAR® • Lenco BearCat® • Lenco BombCat® • Lenco MedCat™ • Lenco FireCat™ Additionally, these Lenco products, their specifications, manufacturing techniques and marketing materials are proprietary and are protected by copyrights, trademarks, service marks, patents-pending, nondisclosure agreements, noncompete agreements and exclusive supply agreements; in whole or in part. There are no other items or products available that offer identical functionality or performance characteristics, and Lenco determines the prices for the above-named products to be fair and reasonable because of pre-competed federal and state supply schedules controlled by exclusive distribution. Federal Acquisition Regulation (FAR) Part 6.302-1 – “Only one responsible source and no other supplies or services will satisfy agency requirements” is the statutory authority permitting this Sole Source government procurement. Further, the Code of Federal Regulations (CFR) Title 2, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards establishes government-wide requirements for federal grants and cooperative agreements. Under the Uniform Guidance, a non-Federal entity that receives a federal award must “provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States.” See 2 C.F.R. § 200.322. If the non-Federal entity fails to do so, the federal awarding agency or pass-through entity may sanction a non-compliant recipient of funds. In summary, Lenco Armored Vehicles, based in the United States, is the only manufacturer or authorized dealer of the Lenco BearCat, its variants or its equivalent. 11.1 p. 92 of 130 Designer and Manufacturer of Tactical Armored Security Vehicles 10 Betnr Industrial Drive · Pittsfield, MA 01201 · Tel (413) 443-7359 · Fax (413) 445-7865 www.LencoArmor.com · e-mail: Info@LencoArmor.com SOLE SOURCE SPECIFICATIONS Lenco Industries, Inc. 10 Betnr Industrial Drive Pittsfield, MA, 01201 E-mail: Contracting@LencoArmor.com Phone: 413-443-7359 DATE: September 6, 2022 RE: Sole Source Specifications for the Lenco BearCat Lenco BearCat Key Features, Testing and Certifications Armor Protection • Armor Panels constructed of Certified Mil-Spec Steel • Vertical Armor Panels are .50 inch thick, one-piece solid construction from the front of the vehicle to the rear of the vehicle • Gunports and all surrounding armor protection, including backup armor, is .50 inch thick. • Proprietary welding technique utilized in sidewall, floor and roof construction • Armored hood, radiator protection, fuel tank, exterior lighting armor backup, inner fender armor, door and window pocket armor backup • Department of the Army, U.S. Army Aberdeen Test Center – Ballistic Certification for armor plate used in every BearCat manufactured • Independent Third-Party Testing to the following threats / ballistic standards: EN 1063 BR7, NIJ IV, STANAG 4569 Level 2, .50 CAL M2 Multi-Hit, .50 CAL M33 Multi-Hit, DM51x2 Hand Grenades, DM31 Anti-Personnel Mine, M67x2 Hand Grenades, 20mm FSP, V50 (BL) P Ballistic Test Mobility & Automotive Safety • 126” – 131.5” Wheelbase • Custom-tuned suspension, including shocks, springs, bump stops, front and rear sway bars, track bar and radius arms • Proprietary OEM Frame-to-Body construction • Department of the Army, U.S. Army Aberdeen Test Center, Aberdeen Proving Grounds – Automotive Performance Testing to the following standards: o Test Operating Procedures (TOP) o North Atlantic Treating Organization (NATO) Reference Mobility Model (NRMM) 11.1 p. 93 of 130 Designer and Manufacturer of Tactical Armored Security Vehicles 10 Betnr Industrial Drive · Pittsfield, MA 01201 · Tel (413) 443-7359 · Fax (413) 445-7865 www.LencoArmor.com · e-mail: Info@LencoArmor.com o NATO Allied Vehicle Testing Publication (AVTP) o Society of Automotive Engineers (SAE) • Human Factors Integration - Safety Assessment Review (SAR) o Fort Knox, KY o Fort Belvoir, VA • National Highway Transportation Safety Administration (NHTSA), Office of Vehicle Safety Compliance (OVSC), Federal Motor Vehicle Safety Standards (FMVSS) Compliance Testing o Center of Gravity Test o FMVSS 105 – Hydraulic Brake Test o FMVSS 206 – Door Locks and Door Retention Test o FMVSS 207 – Seating Systems o FMVSS 210 – Seat Belt Anchorages o FMVSS 302 – Flammability of Interior Components • National Tactical Officers Association (NTOA), Member Tested and Recommended Certification o 2003 Certification o 2020 Re-Certification • U.S. Air Force Air Transportability Test Loading Activity (ATTLA) – Air Transportation Certification o Lockheed C-5 Galaxy o Boeing C-17 Globemaster III o Lockheed C-130 Hercules Tactical Features • Patented, zero gravity counter balanced & rotating roof hatch system • Height-adjustable gunner stand with removable / serviceable design • Automatic Door Lock-Out (side doors) with single tap release • Welded Running Boards rated to hold 3,000 lbs. at each side & 2,500 lbs. on rear • Occupant situational awareness • 390 square feet of interior space • 2-Piece Bumper-integrated hydraulic entry bars with attachments for Audio / Video, Chemical Deployment, and Water Deployment • Roof Mounted Water Nozzle with internal joystick controls • Bumper Mounted Water Nozzle with internal joystick controls • Vehicle-Integrated On-Board SCBA System • Tactical EMS interior layout, workstation, medical cabinet, oxygen storage and trauma lighting • 68 Gallon Single Fuel Cell • 40” Water Fording Package with Independent 3rd Party Testing Service, Reliability & Interoperability • Commercial Chassis common to government fleet • Commercial Chassis Warranty and Service history at nearly 130 Authorized Ford Service Centers across the United States 11.1 p. 94 of 130 Designer and Manufacturer of Tactical Armored Security Vehicles 10 Betnr Industrial Drive · Pittsfield, MA 01201 · Tel (413) 443-7359 · Fax (413) 445-7865 www.LencoArmor.com · e-mail: Info@LencoArmor.com • Ford OEM Warranty • 3 Year Lenco Warranty • Operational and Support Cost: Average cost of $558 USD per 10,000 miles of operation • Reliability, Availability and Maintainability (RAM): 24,906 mean miles between repair, 1.3 hours mean time to repair and 98% operational readiness • Interoperability with hundreds of federal, state and local law enforcement agencies across the United States; reduces training cost and limits response time in joint operations • Lenco Refurbishment Program – (4) individual ‘Schedules’ of refurbishment work that address Ford chassis components, Lenco components, paint and upgrades. • Lenco Trade-In Program – End-of-Life vehicles can be traded-in to Lenco for value against the acquisition of a new or used model vehicle. 11.1 p. 95 of 130 Page 1 of 8 City of Gilroy STAFF REPORT Agenda Item Title:Receive Report and Provide Direction on Mobile Vending and Sidewalk Vending Rules and Requirements Meeting Date:April 17, 2023 From:Jimmy Forbis, City Administrator Department:Community Development Submitted By:Sharon Goei, Community Development Director Prepared By:Jon Biggs, Special Assistant to City Administration STRATEGIC PLAN GOALS Promote Economic Development Activities RECOMMENDATION Receive Report and Provide Direction on Mobile Vending and Sidewalk Vending Rules and Requirements. EXECUTIVE SUMMARY Legislation adopted at the State level now allows vendors to sell food and merchandise on public sidewalks, pedestrian paths, and, in certain instances, public parks. Although the Gilroy City Code includes requirements for mobile vending, those requirements are not in line with current State legislation for sidewalk vendors. Staff is providing this report to summarize current regulations and propose new standards. The City Council is being asked to provide feedback and guidance so appropriate standards can be developed for sidewalk vending. Mobile vending, including mobile food trucks, currently has regulations in Gilroy City Code Chapter 16A. Depending on Council direction, mobile vending can be brought back separately in order to address concerns or enhancements. 11.2 p. 96 of 130 Receive Report and Provide Direction on Mobile Vending and Sidewalk Vending Rules and Requirements City of Gilroy City Council Page 2 of 8 April 17, 20231 0 5 5 POLICY DISCUSSION State Senate Bill 946 (SB 946), the Safe Sidewalk Vending Act, was signed by the Governor in 2018 and became effective on January 1, 2019. In response to inquiries, direction, and State legislation, staff is seeking City Council direction so that an appropriate set of requirements (either by ordinance or resolution) for sidewalk vending can be developed and then scheduled for City Council consideration at a future meeting. Currently, Gilroy City Code Chapter 16A, Peddlers, Solicitors, Vendors and Other Transient Businesses, provides mobile vending requirements for the offering or selling of food, goods, merchandise, or services on private property, streets, parks, or other public places. Legislation at the State level now limits a City’s ability to regulate vendors that offer or sell food and merchandise on public sidewalks, paths, and public parks. Although SB 946 places limits on the City’s ability to regulate sidewalk vendors, this legislation still provides the City with the authority to adopt requirements regulating the time, place, and manner of sidewalk vending so long as the requirements are directly related to objective health, safety, or welfare concerns. Note that SB 946 explicitly states, “... perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern.” It is useful to point out that SB 946 applies to vendors, either roaming or stationary, that offer food and merchandise on public sidewalks or pathways and in parks. These rules do not apply to mobile vending on other public property or on public streets. Given this, staff believes it will be appropriate to amend the City’s current mobile vending rules (Chapter 16A) and develop a new set of rules specific to sidewalk vendors so that there is compliance with the requirements of SB 946. BACKGROUND Existing Regulations The City’s current regulations governing mobile vendors (including sidewalk vendors) are found in Chapter 16A, Peddlers, Solicitors, Vendors and Other Transient Businesses, of the Gilroy City Code. This Chapter of the City Code provides requirements for mobile vending, including permits which mobile vendors are required to obtain. A mobile vending facility is any portable container, pushcart, stand, vehicle, or wagon that is used for displaying or offering for sale any food, goods, or services. The mobile vending permit and identity permit are reviewed for issuance by the Police Department. Applications for these permits are submitted to the Police Department along with the appropriate fee. In addition to the permit and procedure requirements, Chapter 16A includes locations where mobile vending is prohibited, such as in the C-1 (Neighborhood Commercial) and 11.2 p. 97 of 130 Receive Report and Provide Direction on Mobile Vending and Sidewalk Vending Rules and Requirements City of Gilroy City Council Page 3 of 8 April 17, 20231 0 5 5 C-3 (Shopping Center Commercial) zone districts, along with prohibiting mobile vending within three hundred feet (300’) of an elementary or junior high school property. The regulations also limit the length of time that a mobile vendor may remain in any one place, which is ten (10) minutes, and provides that a mobile vendor must move at least 100’ before stopping again. Note that some cities impound vending carts as an option when a vendor refuses to comply with regulations. Senate Bill 946, the Safe Sidewalk Vending Act The Safe Sidewalk Vending Act, signed by the Governor in 2018 and became effective on January 1, 2019, is a law that decriminalized and legalized sidewalk vending. This law defines a “sidewalk vendor” as a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non- motorized conveyance on a sidewalk or pedestrian path. SB 946 defines a sidewalk vendor as either a “roaming sidewalk vendor”, which is someone who moves around, or a “stationary vendor”, which is a vendor at a fixed location. As noted earlier, although SB 946 places limits on the City’s ability to regulate sidewalk vendors, this legislation still provides the City with the authority to adopt requirements regulating the time, place, and manner of sidewalk vending so long as the requirements are directly related to objective health, safety, or welfare concerns. Note that SB 946 explicitly states, “... perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern.” Following are some key elements of SB 946 on what a City can and cannot do to regulate “sidewalk vendors”: What a City CAN do: ▪Limit hours of operation; ▪Prohibit stationary sidewalk vendors in residential districts (mobile vendors are allowed to operate in residential zone districts); ▪Prohibit sidewalk vending near farmers’ markets, swap meets, and permitted special events; ▪Require that sanitary standards be met; ▪Require compliance with the Americans with Disabilities Act; ▪Require a permit or license; ▪Request information about business operations. What a City CANNOT do: ▪Require vendors to operate in a specific area (unless it is necessary to protect the public’s health, safety, and welfare); ▪Require a vendor to obtain permission to operate from a business, entity, or person other than a government entity; 11.2 p. 98 of 130 Receive Report and Provide Direction on Mobile Vending and Sidewalk Vending Rules and Requirements City of Gilroy City Council Page 4 of 8 April 17, 20231 0 5 5 ▪Prohibit sidewalk vendors from operation in public parks unless there is a concession agreement for the operation of the park or in order to protect the public’s health, safety, and welfare; ▪Restrict the number of sidewalk vendors unless necessary to protect the public’s health, safety, and welfare. As noted, a City can require a permit or license for sidewalk vendors, and if standards and permit requirements are adopted by the City, it can enforce these requirements. SB 946 does not allow any criminal charges, but it may provide for administrative fines. A violation of the local authority's vending programs is only punishable by the following fines: $100 for the first violation, $200 for the second violation, and $500 for any additional violation within one year of the first violation. If the local authority establishes a permit program, the authorities can impose higher fines for vending without a permit: $250 for the first violation, $500 for the second violation, and $1000 for any additional violation within one year of the first violation. On the fourth and any subsequent violation, the local authority can rescind a permit. If a local authority seeks to assess administrative fines, SB 946 requires the local authority to inform the person of his or her right to request an “ability-to-pay determination” and to provide instructions for requesting such a determination. If the person establishes that he or she is unable to pay because of the person’s financial condition, the person will only be required to pay 20 percent of the administrative fine. SB 946 also provides that a local authority may allow community service in lieu of paying the total fine or allow an alternative disposition. Senate Bill 972 Sidewalk Food Vending Update There is one other piece of State legislation of note that provides requirements for mobile food vendors, which is SB 972, relating to the California Retail Food Code. On September 23, 2022, Governor Newsom signed State Senate Bill 972 which modifies the California Retail Food Code and allows some sidewalk food vendors to obtain public health permits. The new law established a new retail food facility, among other changes, and became effective on January 1, 2023. This legislation provides uniform health and sanitation standards applicable to mobile food vendors and is administered by the County of Santa Clara Department of Environmental Health, Consumer Protection Division. This Department processes/issues the Mobile Food Facility Permits and conducts the health and safety inspections for these businesses. Given that these permits and regulations are processed and enforced at the County level, this report will not discuss them further. 11.2 p. 99 of 130 Receive Report and Provide Direction on Mobile Vending and Sidewalk Vending Rules and Requirements City of Gilroy City Council Page 5 of 8 April 17, 20231 0 5 5 ANALYSIS A set of regulations providing for a sidewalk vending permit and a listing of requirements and rules for sidewalk vendors is needed so that the City can appropriately protect the community’s health, safety, and welfare. In addition, an update to the mobile vending regulations is needed so that its requirements are compliant with SB 946. A review of SB 946 indicates that the requirements for the permitting and regulation of sidewalk vendors need to support efforts intended to protect the public’s health, safety, and welfare. In line with this, staff has drafted the following list of standards that could be incorporated into an ordinance or resolution that are intended to address health, safety, and welfare concerns and provide permit and operational standard requirements for sidewalk vendors: (1) Vending display devices shall be at least eighteen inches in height. No person engaged in sidewalk vending may display or sell their wares on the ground, or on a cloth, tarp, or other similar material on the ground. (2) No food sidewalk vendor may be accompanied by or in the custody or possession of a dog or any other animal, except a service animal. Merchandise sidewalk vendors may have one leashed animal. (3) To maintain accessibility standards, sidewalk vendors shall not place or allow any obstruction to be placed on the sidewalk that would reduce the width of the sidewalk to below a minimum of forty-eight inches excluding curb, except for the brief duration of time for a roaming sidewalk vendor to conduct a sale. Sidewalk vendors shall maintain their vending display devices at all times in a manner that provides sufficient access to the sidewalk and avoids impeding the flow of pedestrian traffic. At no time, may a sidewalk vendor operate in such a fashion that would violate the Americans with Disabilities Act or state law on accessibility, or cause the sidewalk to narrow in a fashion that violates the accessible path of travel for persons with disabilities, including persons who use wheelchairs or other mobility devices. (4) Sidewalk vendors may not use easy-ups, tents, or similar shade structures unless their sidewalk vending permit specifically authorizes such use. Use of these types of structures may be requested in a sidewalk vending permit application and will be subject to review and approval by the Community Development Department for fire safety. (5) Sidewalk vendors shall not vend to occupants of motorized vehicles in operation. (6) Sidewalk vendors may not engage in vending in such a manner as to cause onlookers, customers, or others to obstruct the accessible path of travel for persons with disabilities, or the free flow or view of pedestrian or vehicular traffic. (7) To maintain the free movement of pedestrians and/or vehicles, sidewalk vendors may not use signs in connection with the sale, display, or offering for sale of items, except for those signs affixed to or painted on a vending display device. 11.2 p. 100 of 130 Receive Report and Provide Direction on Mobile Vending and Sidewalk Vending Rules and Requirements City of Gilroy City Council Page 6 of 8 April 17, 20231 0 5 5 (8) Vendors may not use generators unless their sidewalk vending permit explicitly allows for generator use. Use of generators may be requested in a sidewalk vending permit application and will be subject to review and approval by the Community Development Department. (9) Sidewalk vendors must provide a trash receptacle for customers and employ good faith efforts to ensure proper disposal of customer trash. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all trash generated by the vending operations and/or the vendor’s customers within a fifteen-foot radius of the vending location. Sidewalk vendors are responsible for disposing of the trash associated with their business and may not use city receptacles for this purpose. (10) Sidewalk vendors must properly dispose of fats, grease, and oil and comply with applicable rules regulating such. (11) At all times while vending, food sidewalk vendors shall possess and display in plain view on the vending display device a valid permit from the County of Santa Clara Department of Environmental Health. (12) At all times while vending, sidewalk vendors shall possess and display in plain view on their person or on their vending display device a valid sidewalk vending permit and a business license. (13) Sidewalk vendors shall be responsible for their own compliance with all applicable federal, state, and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; alcoholic beverages, tobacco products, cannabis, electronic cigarette, smoking devices and controlled substances regulations; sanitation and health standards and the Americans with Disabilities Act of 1990 and other state and federal disability access standards. (14) Vending display devices shall not be chained, fastened, or affixed at any time to any building or structure, including, but not limited to, lampposts, parking meters, traffic signals, fire hydrants, benches, bus shelters, trash cans, street signs, trees, or other objects within the public right-of-way. No vending display device shall become a permanent fixture on the vending site or be considered an improvement to real property. (15) Vending display devices shall not be left or stored unattended on public property or within the public right-of-way. (16) Sidewalk vendors shall not vend or distribute: (A) live animals, wildlife, fish, fowl, or insects; or (B) items that are otherwise illegal to sell or distribute under other laws (such as cannabis, unlawful narcotics, weapons, and counterfeit merchandise). Note that the unlawful possession or distribution of items is punishable according to the terms of applicable federal, state, or local law making such possession or distribution illegal. (17) Sidewalk vendors shall not use sidewalks or public property as storage for extra inventory, merchandise, or personal belongings, except for: (A) vending display devices, items placed on or in vending display devices, and associated seating; and (B) personal belongings wholly contained underneath or inside of a vending display device. 11.2 p. 101 of 130 Receive Report and Provide Direction on Mobile Vending and Sidewalk Vending Rules and Requirements City of Gilroy City Council Page 7 of 8 April 17, 20231 0 5 5 (18) No person shall use any street furniture, including any bench, planter, utility cabinet, or other street furniture or structure permanently installed on public property, for the display, sale, or distribution of food, goods, or merchandise. (19) Sidewalk vendors shall not interfere with access or use of city infrastructure, including city benches, bike racks, wheelchair access ramps, stairs, parking meters, trash receptacles, or recycling receptacles. (20) Sidewalk vendors shall not unreasonably block access to or create unreasonable congestion at: (A) a corner of any street intersection; (B) any fire hydrant, fire call box, emergency exit, or other emergency facility; (C) any curb which is designated as white, yellow, green, blue, or red zone, or a bus zone; (D) any building entrance or stairway access point; (E) any driveway or driveway apron; (F) upon or within any roadway, median strip, or dividing section; or (G) at any parking pay station. Vending or operating in a way that violates the accessible path of travel for persons with disabilities is per se unreasonable. (21) Trailers are not permitted on the sidewalk pursuant to California Vehicle Code 22500(f). Violation of this rule is punishable in accordance with the terms of the California Vehicle Code. (22) Sidewalk vendors shall not operate or vend in a way that violates the terms or conditions of their sidewalk vending permit or parks vending permit. It is also worth noting that SB 946 only allows a City to restrict stationary sidewalk vendors from neighborhoods with a residential zoning designation or where it is necessary to protect the public’s health, safety, and welfare; thus, any ordinance brought back to the City Council will need to indicate where stationary sidewalk vendors are prohibited. There may be other requirements that need to be addressed, but the above reflect an effort to keep the sidewalk vendor requirements in line with the State’s directive that they protect the public’s health, safety, and welfare. ENFORCEMENT Like any set of City regulations, enforcement will be a key component in an effective program. Community Development Department staff will be coordinating with the Police Department and Santa Clara County Department of Environmental Health on enforcement efforts. Given the range of times that sidewalk vending activities occur, a multi-level approach will most likely be required to achieve the best compliance with any adopted rules and permit requirements. It remains to be determined, based on resources, and competing priorities, if a proactive or complaint driven enforcement program for sidewalk vending will take place. QUESTIONS FOR CITY COUNCIL To identify appropriate next steps, staff is seeking the following direction from the City Council: 11.2 p. 102 of 130 Receive Report and Provide Direction on Mobile Vending and Sidewalk Vending Rules and Requirements City of Gilroy City Council Page 8 of 8 April 17, 20231 0 5 5 ▪Shall staff draft an ordinance that provides permitting and operational standards for sidewalk vendors? ▪Shall penalties, in line with SB 946, be a component of an ordinance? ▪Does the list of standards noted above address concerns regarding the community’s health, safety, and welfare? ▪Are there other standards that should be included or explored? ALTERNATIVES Following are some alternatives the City Council might consider: ▪Decline to direct staff to update the City’s current mobile vending regulations and draft regulations for permits and standards for sidewalk vendors. ▪Identify another method, possibly by resolution or other regulatory document, to regulate mobile vending and sidewalk vendors. FISCAL IMPACT/FUNDING SOURCE The fiscal impact is undetermined at this time and will depend to a degree on the direction that the City Council provides. Budgetary needs of departments will be examined accordingly. CONCLUSION Although recent State legislation has limited the ability of cities to regulate sidewalk vending in their communities, some requirements can still be adopted at the local level, by ordinance or resolution, that regulate the time, place, and manner of sidewalk vending, so long as these requirements are related to objective health, safety or welfare concerns. As expressed at prior City Council meetings, there are concerns related to sidewalk vending and it is now an appropriate time to update the City’s regulations so that they are not only compliant with State legislation, but also address expressed concerns. NEXT STEPS Following City Council direction, staff will finalize the draft of an appropriate set of rules and requirements to regulate sidewalk vendors and mobile vendors and return with these drafts to the City Council at a future meeting. Attachments: 1. Senate Bill 946, Sidewalk Vendors 2. Current Chapter 16A of the Gilroy City Code – Peddlers, Solicitors, Vendors, and Other Transient Businesses 11.2 p. 103 of 130 Senate Bill No. 946 CHAPTER 459 An act to add Chapter 6.2 (commencing with Section 51036) to Part 1 of Division 1 of Title 5 of the Government Code, relating to sidewalk vendors. [Approved by Governor September 17, 2018. Filed with Secretary of State September 17, 2018.] legislative counsel 11.2 p. 104 of 130 vending, as speciﬁed, to petition for dismissal of the sentence, ﬁne, or conviction. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public ofﬁcials and agencies be adopted with ﬁndings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative ﬁndings to that effect. The people of the State of California do enact as follows: SECTION 1. (a) The Legislature ﬁnds and declares all of the following: (1) Sidewalk vending provides important entrepreneurship and economic development opportunities to low-income and immigrant communities. (2) Sidewalk vending increases access to desired goods, such as culturally signiﬁcant food and merchandise. (3) Sidewalk vending contributes to a safe and dynamic public space. (4) The safety and welfare of the general public is promoted by encouraging local authorities to support and properly regulate sidewalk vending. (5) The safety and welfare of the general public is promoted by prohibiting criminal penalties for violations of sidewalk vending ordinances and regulations. (6) This act applies to any city, county, or city and county, including a charter city. The criminalization of small business entrepreneurs, and the challenges that those entrepreneurs face as a result of a criminal record, are matters of statewide concern. Further, unnecessary barriers have been erected blocking aspiring entrepreneurs from accessing the formal economy, harming California’s economy in the process, and disrupting the regulation of business, which is a matter of statewide concern. Moreover, California has an interest in the regulation of trafﬁc, a matter of statewide concern, whether in ensuring the appropriate ﬂow of trafﬁc or in ensuring the safety of pedestrians on the road or the sidewalk. (b) It is the intent of the Legislature to promote entrepreneurship and support immigrant and low-income communities. SEC. 2. Chapter 6.2 (commencing with Section 51036) is added to Part 1 of Division 1 of Title 5 of the Government Code, to read: Chapter 6.2. Sidewalk Vendors 51036. For purposes of this chapter, the following deﬁnitions apply: (a) “Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path. (b) “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction. 93 — 2 —Ch. 459 11.2 p. 105 of 130 (c) “Stationary sidewalk vendor” means a sidewalk vendor who vends from a ﬁxed location. (d) “Local authority” means a chartered or general law city, county, or city and county. 51037. (a) A local authority shall not regulate sidewalk vendors except in accordance with Sections 51038 and 51039. (b) Nothing in this chapter shall be construed to affect the applicability of Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code to a sidewalk vendor who sells food. (c) Nothing in this chapter shall be construed to require a local authority to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the requirements in this chapter. 51038. (a) A local authority may adopt a program to regulate sidewalk vendors in compliance with this section. (b) A local authority’s sidewalk vending program shall comply with all of the following standards: (1) A local authority shall not require a sidewalk vendor to operate within speciﬁc parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns. (2) (A) A local authority shall not prohibit a sidewalk vendor from selling food or merchandise in a park owned or operated by the local authority, except the local authority may prohibit stationary sidewalk vendors from vending in the park only if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. (B) Notwithstanding subparagraph (A), a local authority may adopt additional requirements regulating the time, place, and manner of sidewalk vending in a park owned or operated by the local authority if the requirements are any of the following: (i) Directly related to objective health, safety, or welfare concerns. (ii) Necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities. (iii) Necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park. (3) A local authority shall not require a sidewalk vendor to ﬁrst obtain the consent or approval of any nongovernmental entity or individual before he or she can sell food or merchandise. (4) (A) A local authority shall not restrict sidewalk vendors to operate only in a designated neighborhood or area, except when that restriction is directly related to objective health, safety, or welfare concerns. (B) Notwithstanding subparagraph (A), a local authority may prohibit stationary sidewalk vendors in areas that are zoned exclusively residential, but shall not prohibit roaming sidewalk vendors. (5) A local authority shall not restrict the overall number of sidewalk vendors permitted to operate within the jurisdiction of the local authority, 93 Ch. 459— 3 — 11.2 p. 106 of 130 unless the restriction is directly related to objective health, safety, or welfare concerns. (c) A local authority may, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety, or welfare concerns, including, but not limited to, any of the following: (1) Limitations on hours of operation that are not unduly restrictive. In nonresidential areas, any limitations on the hours of operation for sidewalk vending shall not be more restrictive than any limitations on hours of operation imposed on other businesses or uses on the same street. (2) Requirements to maintain sanitary conditions. (3) Requirements necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards. (4) Requiring the sidewalk vendor to obtain from the local authority a permit for sidewalk vending or a valid business license, provided that the local authority issuing the permit or business license accepts a California driver’s license or identiﬁcation number, an individual taxpayer identiﬁcation number, or a municipal identiﬁcation number in lieu of a social security number if the local authority otherwise requires a social security number for the issuance of a permit or business license, and that the number collected shall not be available to the public for inspection, is conﬁdential, and shall not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order. (5) Requiring the sidewalk vendor to possess a valid California Department of Tax and Fee Administration seller’s permit. (6) Requiring additional licenses from other state or local agencies to the extent required by law. (7) Requiring compliance with other generally applicable laws. (8) Requiring a sidewalk vendor to submit information on his or her operations, including, but not limited to, any of the following: (A) The name and current mailing address of the sidewalk vendor. (B) A description of the merchandise offered for sale or exchange. (C) A certiﬁcation by the vendor that to his or her knowledge and belief, the information contained on the form is true. (D) The California seller’s permit number (California Department of Tax and Fee Administration sales tax number), if any, of the sidewalk vendor. (E) If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal. (d) Notwithstanding subdivision (b), a local authority may do both of the following: (1) Prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certiﬁed farmers’ market or a permitted swap meet during the limited operating hours of that certiﬁed farmers’ market or swap meet. A “certiﬁed farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the 93 — 4 —Ch. 459 11.2 p. 107 of 130 Food and Agricultural Code and any regulations adopted pursuant to that chapter. A “swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article. (2) Restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the local authority’s temporary special permit are also provided to any sidewalk vendors speciﬁcally permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the local authority for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, ﬁlming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit. (e) For purposes of this section, perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern. 51039. (a) (1) A violation of a local authority’s sidewalk vending program that complies with Section 51038 is punishable only by the following: (A) An administrative ﬁne not exceeding one hundred dollars ($100) for a ﬁrst violation. (B) An administrative ﬁne not exceeding two hundred dollars ($200) for a second violation within one year of the ﬁrst violation. (C) An administrative ﬁne not exceeding ﬁve hundred dollars ($500) for each additional violation within one year of the ﬁrst violation. (2) A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations. (3) (A) If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local authority, vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative ﬁnes set forth in paragraph (1): (i) An administrative ﬁne not exceeding two hundred ﬁfty dollars ($250) for a ﬁrst violation. (ii) An administrative ﬁne not exceeding ﬁve hundred dollars ($500) for a second violation within one year of the ﬁrst violation. (iii) An administrative ﬁne not exceeding one thousand dollars ($1,000) for each additional violation within one year of the ﬁrst violation. (B) Upon proof of a valid permit issued by the local authority, the administrative ﬁnes set forth in this paragraph shall be reduced to the administrative ﬁnes set forth in paragraph (1), respectively. (b) The proceeds of an administrative ﬁne assessed pursuant to subdivision (a) shall be deposited in the treasury of the local authority. 93 Ch. 459— 5 — 11.2 p. 108 of 130 (c) Failure to pay an administrative ﬁne pursuant to subdivision (a) shall not be punishable as an infraction or misdemeanor. Additional ﬁnes, fees, assessments, or any other ﬁnancial conditions beyond those authorized in subdivision (a) shall not be assessed. (d) (1) A violation of a local authority’s sidewalk vending program that complies with Section 51038, or a violation of any rules or regulations adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors in the jurisdiction of a local authority, shall not be punishable as an infraction or misdemeanor, and the person alleged to have violated any of those provisions shall not be subject to arrest except when permitted under law. (2) Notwithstanding any other law, paragraph (1) shall apply to all pending criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors. Any of those criminal prosecutions that have not reached ﬁnal judgment shall be dismissed. (e) A local authority that has not adopted rules or regulations by ordinance or resolution that comply with Section 51037 shall not cite, ﬁne, or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the standards described in subdivision (b) Section 51038. (f) (1) When assessing an administrative ﬁne pursuant to subdivision (a), the adjudicator shall take into consideration the person’s ability to pay the ﬁne. The local authority shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. (2) If the person meets the criteria described in subdivision (a) or (b) of Section 68632, the local authority shall accept, in full satisfaction, 20 percent of the administrative ﬁne imposed pursuant to subdivision (a). (3) The local authority may allow the person to complete community service in lieu of paying the total administrative ﬁne, may waive the administrative ﬁne, or may offer an alternative disposition. (g) (1) A person who is currently serving, or who completed, a sentence, or who is subject to a ﬁne, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under the act that added this section had that act been in effect at the time of the offense, may petition for dismissal of the sentence, ﬁne, or conviction before the trial court that entered the judgment of conviction in his or her case. (2) Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisﬁes the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisﬁes the criteria in paragraph (1), the court shall grant the petition to dismiss the sentence or ﬁne, if applicable, and dismiss and seal the conviction, because the sentence, ﬁne, and conviction are legally invalid. 93 — 6 —Ch. 459 11.2 p. 109 of 130 (3) Unless requested by the petitioner, no hearing is necessary to grant or deny a petition ﬁled under paragraph (1). (4) If the court that originally sentenced or imposed a ﬁne on the petitioner is not available, the presiding judge shall designate another judge to rule on the petition. (5) Nothing in this subdivision is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner. (6) Nothing in this subdivision or related provisions is intended to diminish or abrogate the ﬁnality of judgments in any case not falling within the purview of this chapter. SEC. 3. The Legislature ﬁnds and declares that Section 2 of this act, which adds Section 51038 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public ofﬁcials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following ﬁndings to demonstrate the interest protected by this limitation and the need for protecting that interest: The Legislature ﬁnds and declares that in order to protect the privacy of a sidewalk vendor with regard to his or her California driver’s license or identiﬁcation number, individual taxpayer identiﬁcation number, or municipal identiﬁcation number, when that number is collected in lieu of a social security number for purposes of the issuance of a permit or business license, it is necessary that the sidewalk vendor’s number be conﬁdential, except as provided in this act. O 93 Ch. 459— 7 — 11.2 p. 110 of 130 Chapter 16A PEDDLERS, SOLICITORS, VENDORS AND OTHER TRANSIENT BUSINESSES1 Sections: ARTICLE I. IDENTITY PERMITS 16A.1 Required. 16A.2 Application; application fee; information to be shown. 16A.3 Documents to accompany application. 16A.4 Photographs to accompany application. 16A.5 Cash deposit or bond required; amount. 16A.6 Reserved. 16A.7 Fingerprint records; exemption. 16A.8 Issuance; investigation by police department; denial; approval. 16A.9 Exemptions from payment of fee; compliance with applicable provisions. 16A.10 Identity permit to be carried on person; to be shown upon demand, altercation, etc. 16A.11 Conditions and regulations applicable to licensees and permittees. 16A.12 Contracts in violation voidable. ARTICLE II. MOBILE VENDING PERMITS 16A.13 Mobile vending permit required. 16A.14 Permit procedure. 16A.15 Prohibited locations; prohibition against loitering. ARTICLE III. CHARITABLE SOLICITATION 11.2 p. 111 of 130 16A.16 Solicitation of charitable, religious or educational funds or other property; permit requirements. ARTICLE IV. REVOCATION AND SUSPENSION 16A.17 Revocation and suspension of license and permits. 16A.18 Administrative hearings and appeals. ARTICLE V. LIMITS ON SOLICITATION 16A.19.1 Definitions. 16A.19.2 Aggressive solicitation prohibited. 16A.19.3 Solicitation at specified locations prohibited. 16A.19.4 Violation – Penalty. 16A.19.5 Other regulations. 16A.19.6 Severability. ARTICLE I. IDENTITY PERMITS 16A.1 Required. All persons except a person having a fixed and permanent place of business in the city and licensed under the provision of section 13.40 or 13.42 of this Code or licensed and regulated by the state, must comply with this chapter before offering or selling goods, merchandise or services from place to place or upon private property, upon streets, parks or other public places of the city, or from any building or other enclosure or place, or in any vehicle of any nature whatsoever, either for immediate delivery or for delivery in the future. This Article I shall not require persons holding incidental sales, such as garage sales or holiday crafts sales, at their permanent place of residence to obtain identity permits for said sales, nor shall it require those persons to obtain any additional city-issued permits or licenses for said sales other than those required under other provisions of this Code. All such persons subject to this article must obtain an identity permit pursuant to this article and are also subject to the business license provisions of Chapter 13. In addition, a mobile vending permit may be required under Article II of this chapter. 11.2 p. 112 of 130 No person shall be relieved from the provisions of any section of this chapter by reason of associating temporarily with, or by conducting a transient business in connection with, any local merchant having a fixed place of business within the city. Violation of any section of this chapter shall be a misdemeanor. (Ord. No. 97-10, § I, 11-5-97) 16A.2 Application; application fee; information to be shown. All applicants for an identity permit must pay an application fee as set out by council resolution and must make application fee as set by council resolution and must make application therefor to the chief of police of the city upon forms provided by the city, which forms shall require the following information from the applicant: (1) Full name, permanent business address, local business and residence address of the applicant or its authorized representative; if other than an individual applicant, the nature of the applicant, that is, whether partnership, firm or corporation; the full name, age, address and occupation of each person who shall actually vend, solicit or otherwise engage in any act required by this chapter to be licensed on behalf of the applicant. (2) A specific description of the article, service or contract proposed to be sold, performed, whether for immediate or future delivery or performance and the proposed method of delivery and performance, including information as to whether such sales will be made by quantity, weight, quality, package or otherwise, and whether delivery or performance will be made personally or by mail or in what other method. (Ord. No. 97-10, § I, 11-5-97) 16A.3 Documents to accompany application. In the event any form, contract, order blank, warranty, agreement or other written or printed document is to be signed by the purchaser or person receiving the property or service a copy of such form shall be attached to the application. (Ord. No. 97-10, § I, 11-5-97) 16A.4 Photographs to accompany application. Each application for an identity permit must be accompanied by two (2) prints of a recent photograph of each individual person who shall actually engage in vending, selling or soliciting, which photographs shall not exceed one-inch square in size and shall be full front views of the face and head only of such persons. (Ord. No. 97-10, § I, 11-5-97) 16A.5 Cash deposit or bond required; amount. 11.2 p. 113 of 130 In each case where it appears that the applicant for an identity permit pursuant to this chapter will or may demand, accept or receive payments or deposits of money or property in advance of final delivery or performance, the application shall be accompanied by a cash deposit or by a bond to the city in a penal sum as set by council resolution issued by a surety company authorized to do business within the state. Such bond shall be conditioned for making final delivery of goods, wares or merchandise or for final performance of services to be performed in accordance with the order, agreement or contract entered into, and failing therein the advance payment or deposit on such order shall be refunded or returned. Such cash deposit or bond, as the case may be, shall remain in full force and effect and be retained for a period of ninety (90) days after the expiration of any such identity permit or the termination of any action upon such bond or deposit of which the license collector shall have been notified, unless sooner released by the license collector. (Ord. No. 97-10, § I, 11-5-97) 16A.6 Reserved. 16A.7 Fingerprint records; exemption. At the time of making the application for an identity permit, each individual person who shall actually engage in selling, soliciting or vending shall apply to the office of the chief of police of the city for the purpose of being fingerprinted and supplying routine information required on the fingerprint forms provided by the city, including the physical characteristics of each person, identifying marks or scars, age, name, address and signature, and shall pay all fees connected therewith. Such fingerprint records are to be taken in triplicate and each individual so presenting himself is hereby advised that the city reserves the right to retain one of such fingerprint records in its files for permanent safekeeping, and to send one such fingerprint record to the Federal Bureau of Investigation of the Department of Justice at Washington, D.C., and to the Criminal Investigation Department of the California State Department of Justice at Sacramento, California, for the purpose of filing. No fingerprint records will be returned in the event the identity permit applied for is not issued or is subsequently suspended or revoked. Every applicant who has established residence within the city for a period of five (5) or more years may be exempt from this section requiring fingerprinting of such person. (Ord. No. 97-10, § I, 11-5-97) 16A.8 Issuance; investigation by police department; denial; approval. The character and fitness of every applicant shall first be investigated by the police department before any license or identity permit shall be issued. After conducting such investigation, if the chief of police finds that the applicant is not of good business reputation or integrity, or that the granting of the identity permit or license would be against the public interest, welfare or safety, then the chief of police shall refuse to issue such identity permit and shall inform the license collector of such action. The license 11.2 p. 114 of 130 collector shall thereupon deny the issuance of a business license to any person denied an identity permit by the chief of police. The police chief and his or her authorized agents are authorized to obtain criminal history information for each applicant for the purpose of determining those who have been arrested or convicted for any crime involving moral turpitude, including but not limited to larceny, fraud or lewd or indecent conduct; any crime involving violence, including but not limited to assault or battery or domestic violence or crimes involving weapons; any crime involving the use, possession, sale or transpiration of drugs or alcohol; or any crime substantially related to the qualifications or duties proposed by the applicant. The police chief shall refuse to issue an identity permit as being against the public interest, welfare or safety if it is determined that the applicant has been arrested for, or convicted of, any of the foregoing specified crimes within the previous 36 months, and may refuse to issue an identity permit if it is determined that the applicant has been arrested for, or convicted of, any of the foregoing specified crimes within the previous 60 months, in which event the applicant shall be advised that the criminal history information shall be made available to the city council upon appeal. Such identity permit shall have affixed to it one of the pictures filed by the applicant, and shall contain reference to the issuance of the identity permit, a description of the individual to whom issued, date of expiration not to exceed one year, and the signature of the individual to whom issued. (Ord. No. 97-10, § I, 11-5-97) 16A.9 Exemptions from payment of fee; compliance with applicable provisions. Individual applicants exempted from the payment of the license fee specified in Chapter 13, Article III, must comply fully with the requirements of this chapter as to application for identity permits, fingerprinting, bonds and pictures. (Ord. No. 97-10, § I, 11-5-97) 16A.10 Identity permit to be carried on person; to be shown upon demand, altercation, etc. Each person issued an identity permit under section 16A.8 must retain the same in his or her personal possession at all times while engaged in the business so licensed within the city and must produce and show the same on the demand of any person solicited or of any police officer or official of the city. No person issued an identity permit shall alter, remove or obliterate any entry made upon such permit, or deface such permit in any way. Each identity permit shall be personal and not assignable or transferable, nor shall any identity permit be used by any person other than the person for whom issued. (Ord. No. 97- 10, § I, 11-5-97) 16A.11 Conditions and regulations applicable to licensees and permittees. 11.2 p. 115 of 130 The following conditions and regulations shall apply to the exercises of the privileges granted by licenses issued under the provisions of Chapter 13 in addition to those set forth in this chapter: (1) Shouting, Calling Wares, etc. No person shall shout or call his or her wares in a loud boisterous or unseemly manner, or to the disturbance of citizens or dwellers in the city. (2) Identification by Comparing Signature with That on Identity Permit. Every licensee or holder of an identity permit upon the request of any police officer or other officer of the city shall sign his or her name for comparison with the signature upon the license, identity permit, or upon the license or permit application. (3) Orders to Be Written in Duplicate, etc. Any person acting under authority of an identity permit issued under this chapter who solicits orders for future delivery shall write each order at least in duplicate, plainly stating the quantity of each article, commodity, contract or service ordered, the price to be paid therefor, the total amount ordered and the amount to be paid on or after delivery. One copy of such order shall be given to the customer. (4) Hours of Door-to-Door Soliciting. No licensee or his or her agent, servant or employee shall solicit, peddle, or vend goods, wares, merchandise, services, or any other article of any kind from door to door, except between the hours of 9:00 a.m. and sunset. (5) “No Peddlers” or “No Solicitation” Signs Posted. It shall be unlawful for any person to solicit, peddle or sell by ringing the doorbell or knocking at the door or otherwise calling attention to his or her presence at any building, structure or place of business whereon or wherein a sign bearing the words “No Peddlers” or words of similar import, is painted or affixed so as to be exposed to public view. (Ord. No. 97-10, § I, 11-5-97) 16A.12 Contracts in violation voidable. Any order, agreement or contract entered into in the city by any person, subject to the provisions of this chapter, who has failed to comply with or who has violated the provisions of this chapter, shall be voidable by the other party as contrary to public policy and against the public interest. (Ord. No. 97-10, § I, 11-5-97) ARTICLE II. MOBILE VENDING PERMITS 16A.13 Mobile vending permit required. 11.2 p. 116 of 130 A mobile vending facility, that is, any portable container, pushcart, stand, vehicle or wagon used for displaying, selling or offering for sale any food, goods or services, shall be prohibited from operating in commercial zoning districts known as C1 Neighborhood Commercial, C2 Central Commercial and C3 Shopping Center Commercial. No person shall place, maintain conduct, park or allow to stand or remain any mobile vending facility within the city limits without first obtaining a written mobile vending permit to do so, as well as any required identity permits under Article I of this chapter, from the chief of police. No mobile vending facility shall display any sign, flag, banner, whether attached or on a separate structure, except such signs as may be painted thereon in compliance with the city zoning ordinance. The following uses shall not be considered as mobile vending facilities, and are thus not required to obtain a mobile vending permit hereunder: (1) Vehicles or trucks used for catering or vending prepared foodstuffs and located upon private property at the invitation of the property owner, solely for the use of the owner or said owner’s tenants or employees and not for the use of the general public. (2) Any nonmotorized pushcart or stand selling food on a paved private sidewalk (not a parking lot) in a commercial zone, provided that permanent restroom facilities (both men’s and women’s) are located on the same parcel of land, are open for public use for all hours that the pushcart or stand is open, and that the owner or operator of the pushcart or stand has written permission from the owner of the restrooms for his customers to use them. Such permission shall be produced and shown on the demand of any person solicited or of any police officer or official of the city. (3) Temporary fireworks stands, pumpkin patches, Christmas tree lots, or such other seasonal temporary vendors as may be defined by the chief of police. No such vendor shall commence operation more than thirty (30) days in advance of the date of the applicable seasonal holiday. (4) Temporary vending facilities owned and operated by a nonprofit or charitable organization and conducting sales for an event or occasion not to exceed three (3) consecutive days within any six-month time period. (Ord. No. 97-10, § I, 11-5-97) 16A.14 Permit procedure. (a) Each application for a mobile vending permit shall be on a form provided by the chief of police, shall be accompanied by an application fee established by the city council, shall be signed by the applicant, and shall include the following: 11.2 p. 117 of 130 (1) The names and addresses of each person who will occupy or use the mobile vending facility for purposes of exercising said permit; (2) A certificate of insurance, stating the insurer’s name, policy terms, and principal amounts, not less than a combined single limit, established annually by the city council, of a policy of insurance against public liability, bodily injury, and property damage arising from the permitted activity. Each such policy shall be amendable only upon thirty (30) days’ advance notice to the city and shall name the city as an additional insured; and (3) Such additional information as may be required by the city administrator. (b) The chief of police shall grant a mobile vending permit, based upon the information contained in the application, public records, and the recommendations of departmental staff, if he concludes that the granting of such a permit would be in compliance with all of the provisions of this chapter and the intent of this article, and it appears that no undue traffic safety, litter, parking, or other health and safety consequences would result from exercise thereof. Any such permit may be suspended, modified, or revoked by the chief of police when he finds a violation of or noncompliance with the terms of such permit, or with other applicable laws or regulations. (Ord. No. 97-10, § I, 11-5-97) 16A.15 Prohibited locations; prohibition against loitering. No person required to obtain a mobile vending permit hereunder shall place, park or allow to stand the portable container, pushcart, stand, vehicle or wagon used for displaying, selling or offering for sale any food, goods or services in any of the following places within the city. (1) Upon private property, except with the written permission of the owner of the property. Such permission shall be produced and shown on the demand of any person solicited or of any police officer or official of the city. (2) In or upon any street within three hundred (300) feet of the nearest property line of any elementary or junior high school property. Regardless of whether on public or private property, no person required to obtain a mobile vending permit hereunder shall place, park or allow to stand the portable container, pushcart, stand, vehicle or wagon at any one place except at the request of a bona fide purchaser for a reasonable period of time, not to exceed ten (10) minutes, provided that when such person thereafter moves any such portable container, pushcart, stand, vehicle or wagon, it shall be moved a minimum distance of one hundred (100) feet before again being stopped. (Ord. No. 97-10, § I, 11-5-97) 11.2 p. 118 of 130 ARTICLE III. CHARITABLE SOLICITATION 16A.16 Solicitation of charitable, religious or educational funds or other property; permit requirements. It shall be unlawful for any person or organization to solicit within the city for a contribution of funds, money or other property to be used or expended for any charitable, religious or educational purpose or object without the person or the organization on whose behalf the person is soliciting first obtaining a written solicitation permit so to do from the chief of police. In addition, any individual solicitors who solicit door to door at any businesses or residences shall first obtain an identity permit pursuant to Article I of this chapter, except for persons having a permanent place of residence in the city who are soliciting for funds, money or other property or offering for sale incidental merchandise, such as candy, cookies, magazines and the like, for a charitable, religious or educational purpose and whose organization has obtained the solicitation permit from the chief of police described above. Notwithstanding any other provisions of section 16A.8 of Article I, the chief of police shall not have the discretion to deny an identity permit to any individual solicitor for charitable, religious or educational purpose if such individual has provided all required information and has paid the applicable fee. Before the chief of police shall issue a solicitation permit, the person or organization applying therefor shall file a written statement setting forth the following information: (1) The object and purpose for which it is desired to solicit funds or other property. (2) Who shall have charge and control of such funds or property. (3) If such funds or property are solicited for permanent corporations, organizations or institutions, where such organizations or institutions are located, and a copy of the organization’s federal tax exemption certificate, or other proof of bona fide charitable status. In case of doubt as to the responsibility of any person seeking a permit to solicit for such funds or property, the permit may be denied subject to the provisions of section 16A.18. Nothing in this section shall be construed to make it mandatory for the chief of police to grant the permit in this section where the public peace or safety might be endangered in so doing. (Ord. No. 97-10, § I, 11-5- 97) ARTICLE IV. REVOCATION AND SUSPENSION 16A.17 Revocation and suspension of license and permits. 11.2 p. 119 of 130 In the event that the chief of police of the city has reasonable cause to believe and does believe that any licensee or holder of any permit issued under this chapter is violating any provisions of this chapter, of any permit issued under this chapter, or of any other law or ordinance relating to the business of the licensee, he shall have the power to and shall be authorized to suspend or revoke such license and all identity permits so issued, as well as any mobile vending permit. (Ord. No. 97-10, § I, 11-5-97) 16A.18 Administrative hearings and appeals. In the event that any applicant desires to appeal from any order, denial of exemption, order of suspension, or any other ruling of the license collector, the chief of police, or any other officer of the city made under the provisions of this chapter, such applicant or any other person aggrieved thereby shall file written notice of such appeal with the city clerk within ten (10) calendar days of the date of such action. The appeal shall be resolved pursuant to the city’s adopted municipal administrative hearing policy, and a final decision rendered pursuant thereto shall be final. (Ord. No. 97-10, § I, 11-5-97) ARTICLE V. LIMITS ON SOLICITATION 16A.19.1 Definitions. Unless otherwise expressly stated herein, whenever used in this article, the following terms shall respectively be deemed to mean: “Aggressive manner” means any of the following: (1) Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, damage to or loss of property, or otherwise be intimidated into giving money or other thing of value; (2) Intentionally touching or causing physical contact with another person or an occupied vehicle without that person’s consent in the course of soliciting, asking or begging; (3) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including but not limited to intentionally causing a pedestrian or vehicle operator to take evasive action to avoid physical contact; (4) Using violent or threatening gestures toward a person solicited either before, during, or after, soliciting, asking or begging; 11.2 p. 120 of 130 (5) Persisting in closely following or approaching a person, after the person solicited has informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or (6) Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction, either before, during, or after solicitation. “Automated teller machine (ATM)” means any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit or convenience account. “Automated teller machine facility” means the area comprised of one (1) or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours. “Bank” means any member bank of the Federal Reserve System and any bank, banking association, trust company, savings bank or other banking institution organized or operated under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation. “Check-cashing business” means any person duly licensed as a check seller, bill payer or prorater pursuant to Division 3 of the California Financial Code, commencing with Section 12000. “Credit union” means any federal credit union and any state-chartered credit union the accounts of which are insured by the Administrator of the National Credit Union Administration. “Public place” means a place to which the public or a substantial group of persons has access and includes but is not limited to any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground and any doorway, entrance, hallway, lobby and other portion of any business establishment, apartment house or hotel not constituting a room or apartment designed for actual residence. “Public transportation vehicle” means any vehicle owned by the city or any other public entity, or contracted for use by the city, and used for the provision of public transportation services. “Restaurant” means any business establishment which engages in the business of serving food to customers for immediate consumption, including “fast food” restaurants and traditional “sit-down” restaurants. 11.2 p. 121 of 130 “Savings and loan association” means any federal savings and loan association and any “insured institution” as defined in Section 401 of the National Housing Act, as amended, and any federal credit union as defined in Section 2 of the Federal Credit Union Act. “Solicit, ask or beg” means the use of the spoken, written or printed word or use of bodily gestures, signs or other means for the purpose of obtaining an immediate donation of money or other thing of value or for the purpose of selling or trading goods or services. (Ord. No. 2010-10, § 1, 7-19-10) 16A.19.2 Aggressive solicitation prohibited. No person shall solicit, ask or beg in an aggressive manner in any public place. (Ord. No. 2010-10, § 1, 7- 19-10) 16A.19.3 Solicitation at specified locations prohibited. (a) Banks and ATMs. No person shall solicit, ask or beg within twenty-five (25) feet of any entrance or exit of any bank, savings and loan association, credit union or check-cashing business during its business hours or within twenty-five (25) feet of any automated teller machine during the time it is available for customers’ use; provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. (1) Exemption. The provisions of subsection (a) of this section shall not apply to any unenclosed automated teller machine located within any building, structure or space whose primary purpose or function is unrelated to banking activities, including but not limited to supermarkets and school buildings; provided, that such automated teller machine shall be available for use only during the regular hours of operation of the building, structure or space in which such machine is located. (b) Motor Vehicles and Parking Lots. (1) Motor Vehicles. a. No person shall approach an operator or occupant of a motor vehicle for the purpose of soliciting, asking or begging while such vehicle is being operated in a lane of traffic on a public street or public right-of-way, in a public parking lot, or in an entrance or exit to a public parking lot, whether the motor vehicle is moving or not, and whether or not the person is being solicited by the driver of the vehicle. 11.2 p. 122 of 130 b. No person shall solicit, ask or beg from any traffic median within any public street or public right-of-way. c. No person shall solicit, ask, or beg any operator or occupant of a motor vehicle that is being operated in a lane of traffic on a public street or public right-of-way, whether the motor vehicle is moving or not, and whether or not the person is being solicited by the driver of the vehicle, where the motor vehicle is located within one hundred (100) feet of any intersection controlled by an official traffic signal as defined in Vehicle Code Section 21450, or within fifty (50) feet of any entrance or exit to a parking lot of any business establishment located within a commercial district of the city of Gilroy. Persons may otherwise solicit, ask or beg by conduct that includes but is not limited to the holding of signs on public sidewalks and other public places at locations that are more than one hundred (100) feet from any intersection controlled by an official traffic signal and more than fifty (50) feet from any entrance or exit to a parking lot of any business establishment located within a commercial district. (2) Parking Lots. No person shall solicit, ask or beg in any public parking lot or structure any time after dark. “After dark” means any time from one-half hour after sunset to one-half hour before sunrise. (3) Exemptions. Section 16A.19.2 and this section shall not apply to any of the following: a. Solicitations related to business which is being conducted on the subject premises by the owner or lawful tenants; b. Solicitations related to the lawful towing of a vehicle; c. Solicitations related to emergency repairs requested by the operator or other occupant of a vehicle; d. Solicitations of emergency vehicles; and e. Hailing a taxicab or public transportation vehicle. (c) Public Transportation Vehicles and Stops. Other than a person hailing a public transportation vehicle, no person shall solicit, ask or beg within twenty-five (25) feet of any public transportation vehicle stop, facility or area designated for the pick-up of passengers. (d) Restaurants. Any person who solicits, asks, or begs in any outdoor or indoor dining area of a restaurant or other establishment serving food for immediate consumption is guilty of a violation of this 11.2 p. 123 of 130 section if he or she remains there after being asked to leave by: the owner, manager or supervisor of the restaurant or other food establishment; the agent of the owner, manager or supervisor of the restaurant; or a member of a security force employed by the restaurant or by a peace officer as defined in Chapter 4.5 of Title 3 of the California Penal Code (commencing with Penal Code, 830), acting at the request of any of the persons specified in this subsection. (e) Written Material. This Article V shall not prohibit persons from soliciting, asking, or begging, in a nonaggressive manner, with the use of signs, leaflets or other written material at locations or in a manner that is not otherwise prohibited by sections 16A.19.2 and this section. (Ord. No. 2010-10, § 1, 7-19-10) 16A.19.4 Violation – Penalty. Any violation of the provisions of this chapter is punishable in accordance with section 1.7 of this Code. (Ord. No. 2010-10, § 1, 7-19-10) 16A.19.5 Other regulations. Nothing in this Article V is intended to supersede or conflict with any requirement or limitation contained in Articles I through IV of this chapter. (Ord. No. 2010-10, § 1, 7-19-10) 16A.19.6 Severability. If any section, subsection, subdivision, sentence, clause, phrase or word of this Article V is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Article V. The city council hereby declares that it would have passed and adopted Ordinance No. 2010-10, establishing this Article V, and each and all provisions thereof, irrespective of the fact that one or more provisions may be declared invalid or unconstitutional. (Ord. No. 2010-10, § 1, 7-19-10) 11.2 p. 124 of 130 Page 1 of 4 City of Gilroy STAFF REPORT Agenda Item Title:Formation of the Downtown Committee Meeting Date:April 17, 2023 From:Jimmy Forbis, City Administrator Department:Administration Submitted By:Bryce Atkins, Assistant to the City Administrator Prepared By:Bryce Atkins, Assistant to the City Administrator STRATEGIC PLAN GOALS Promote Economic Development Activities RECOMMENDATION Council approve a resolution forming the Downtown Committee. EXECUTIVE SUMMARY The City’s committees and commissions (”advisory bodies”) are authorized under the City Charter generally, with a few commissions identified and authorized specifically within the Charter. The City Council has the authority to create additional advisory bodies as it so directs. The general provisions contained in the City Charter apply to newly formed advisory bodies. The Council previously provided direction to form a Downtown Committee and charged it with dedicating the first year take up the recommendations that the ad hoc Downtown Committee, which ended its term in October of 2022, had brought before the City Council for adoption. BACKGROUND At the November 1, 2021 City Council meeting, the City Council approved the formation of an ad hoc committee for Gourmet Alley, which transitioned in focus into an ad hoc committee for Downtown (Committee). Council Members Armendariz, Marques, and Tovar volunteered to join the Committee. Council Member Tovar was appointed by the Committee as Chair, and Council Member Marques as Vice-Chair. The Committee began identifying challenges and opportunities to spur revitalization throughout the entire downtown. As a result of early discussions, the Committee developed four policy 11.3 p. 125 of 130 Formation of the Downtown Committee City of Gilroy City Council Page 2 of 4 April 17, 2023 recommendations that were presented and approved by the full City Council on July 5, 2022. Subsequently, the Committee presented five additional recommendations approved at the regular City Council meeting on October 17, 2022. The attached table shows all nine recommendations and the latest update on those items. At the January 9, 2023 City Council Regular Meeting, there was a future agenda item authorized to discuss the formation of a standing downtown committee. The item was heard at the February 6, 2023 City Council Regular Meeting. The Council provided direction to pursue all three options that were discussed in as part of the agenda item recommendation. The action taken by Council directed staff to commence the following: 1. Continue providing reports to Council to receive information concerning downtown-related projects and issues. 2. Form a City Council Downtown Committee (subject to the Ralph M. Brown Act). 3. Have the topic discussed at the March 13, 2023 City Council Goal Setting/Priority workshop. Staff enhanced the reporting description based on the feedback from the first strategic planning workshop and will continue providing updates per direction item #1. Direction item #3 was accomplished by discussing the Downtown Committee at the City Council Goal Setting/Priority workshop. At that meeting, a discussion was held and identified the following: •The Downtown Committee (Committee) would be initially comprised of Mayor Blankley and four volunteering Council Members, Council Members Armendariz, Cline, Marques, and Tovar (in alphabetical order). •The Committee would meet between quarterly and monthly as may be needed and determined by the Committee. •The first year of the Committee’s work would be the remaining recommendations from the earlier ad hoc Downtown Committee, as approved by the City Council. The second year would be determined towards the end of the first year. Direction item #2, formation of the Committee, is the resolution which is attached, and discussed in the Analysis section below. ANALYSIS The proposed resolution will establish the Committee and establish a structure based on the direction issued by Council, as understood by staff. These include the following: 1. Membership – The membership shall consist of the Mayor and the four Councilmembers identified earlier in this report. The City Council and the Committee may appoint additional, non-voting members to the Committee which may include business owners, property owners, or residents living in the downtown area. 11.3 p. 126 of 130 Formation of the Downtown Committee City of Gilroy City Council Page 3 of 4 April 17, 2023 2. Term – The resolution establishes a term of two years from formation. Should Council determine that the Committee is needed longer, then the Council may amend the term. Otherwise, the Committee will end automatically. 3. Powers and Scope – The Committee will be advisory in nature, similar to the Downtown Ad Hoc Committee. Any work as may be identified and/or approved by the Committee in its current term would be performed by and amongst the members of the Committee and may not engage staff resources without approval by the City Council. The Committee has similar duties and powers as other committees, but with the limitation in the first year to focus on the recommendations of the ad hoc Downtown Committee, as determined by the City Council discussion in February. 4. Meetings – The regular meetings are proposed to occur quarterly. Should the Committee determine that special meetings are needed, special meetings may be called. The City Council may also provide direction to alter the meeting frequency. Council Decision Points Staff is asking Council to determine for the proposed Committee the following decision points, with some options and points of consideration listed below each decision point: (a) Determination on the voting membership of the Committee •Number of Council Members to be appointed and whom (b) How to appoint non-voting members •How many non-voting members should be appointed? •Determined by Council or allow each appointed Council Member to select their own non-voting member? (c) Selection of the Committee’s Chair and Vice-Chair •Who does Council wish to preside over this Committee? (d) Frequency and length of the Committee meetings •Should the Committee meet quarterly, monthly, or on another schedule? •With the number of interested Council Members, should this Committee meet at the outset of a regular Council meeting? (e) Date and time of the first meeting to be held •Should the meetings begin in May? •If coordinated with City Council meetings, should it be the first meeting of each month at 6 PM, with regular Council Meetings following, or a different type of structure? Based on the decisions by the City Council, the attached resolution may require amendment as part of the action to adopt. ALTERNATIVES Council may accept, modify, or reject the proposed resolution. 11.3 p. 127 of 130 Formation of the Downtown Committee City of Gilroy City Council Page 4 of 4 April 17, 2023 FISCAL IMPACT/FUNDING SOURCE With the restrictions to staff time and support as directed by the action to form the Committee, there are no anticipated costs aside from some staff time for preparing agendas, minutes, and room set-up for the Downtown Committee meetings. PUBLIC OUTREACH This item has been included on the agendas for and discussed at the meetings of the February 6, 2023 City Council Regular Meeting, March 13, 2023 City Council Goal Setting and Priority Workshop, and tonight’s meeting agenda. Council’s action tonight will be posted in the e-newsletter, and future actions and updates from the Committee will be shared under the guidance of the City’s Social Media Policy. NEXT STEPS With approval of the resolution, City staff will poll the membership of the new Downtown Committee for its first meeting. Attachments: 1. Draft Resolution forming the Downtown Committee. 11.3 p. 128 of 130 RESOLUTION NO. 2023-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING A DOWNTOWN COMMITTEE WHEREAS, the City Council of the City of Gilroy wishes to create an Advisory Committee of members from the City Council and stakeholders in downtown Gilroy to provide recommendations and input into the completion of the adopted downtown recommendations of the City Council in the first year, and other downtown related activities in the second year. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy does hereby establish the Downtown Committee (Committee), with the duties, powers and structure as follows: Membership. The Committee shall consist of a total of five Council Members as appointed by the City Council. The City Council and Committee may appoint additional, non-voting members from the community, businesses, or property owners from downtown Gilroy. Term. The Committee shall have a term of two years from the formation. Upon reaching two years, the Committee shall automatically close unless the term is otherwise amended by the City Council. Meetings. The Committee may hold meetings once per quarter, on a schedule of its selection. The Committee may hold special meetings on an as-needed basis at the determination of the Committee or as otherwise determined by the City Council from time to time. Powers and Scope. The Committee will have the duty to: (a) Act in an advisory capacity to the City Council and City Administrator in matters pertaining to downtown Gilroy, with a limiting focus on the existing downtown recommendations – as adopted by the City Council in October 2022 – during the first year of the Committee’s existence, and then other downtown Gilroy subject matters during the second year, subject to approval of the second year workplan by the City Council; (b) Identify problems and, with Council approval, study such problems, activities and concerns regarding the downtown, hold forums on such problems, and recommend programs, policies and procedures to the City Administrator and City Council which the Committee finds necessary and/or desirable; (c) No less than annually report to the City Council on the goals and objectives of the Committee’s work; and, (d) Perform such other duties related to downtown Gilroy as may be directed by the City Council. 11.3 p. 129 of 130 Resolution No. 2023-XX Establishing Downtown Committee City Council Regular Meeting | April 17, 2023 5 0 2 (e) Work of the Committee shall be performed by the members of the Committee. The City Council is authorizing staff time just to perform administrative functions to support the Committee, limited to agenda preparation and posting, meeting attendance, and meeting minutes preparation. PASSED AND ADOPTED this 17th day of April 2023 by the following vote: AYES:COUNCIL MEMBERS: NOES:COUNCIL MEMBERS: ABSTAIN:COUNCIL MEMBERS: ABSENT:COUNCIL MEMBERS: APPROVED: Marie Blankley, Mayor ATTEST: _______________________ Thai Nam Pham, City Clerk 11.3 p. 130 of 130