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05/15/2023 City Council Regular Agenda Packet May 15, 2023 | 6:00 PM Page 1 of 7 City Council Regular Meeting Agenda CITY COUNCIL AGENDA PACKET CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET, GILROY, CA 95020 REGULAR MEETING | 6:00 PM MONDAY, MAY 15, 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. Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are May 15, 2023 | 6:00 PM Page 2 of 7 City Council Regular Meeting Agenda 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 May 15, 2023 | 6:00 PM Page 3 of 7 City Council Regular Meeting Agenda 1.7. Employee Retirements 2. CEREMONIAL ITEMS - Proclamations and Awards 2.1. Proclamation Recognizing APWA National Public Works Week May 21 - 27, 2023 2.2. Proclamation – Proclaiming June 2023 as LGBTQ Pride Month 3. PRESENTATIONS TO THE COUNCIL 3.1. Annual Youth Commission Presentation 3.2. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL This portion of the meeting is reserved for persons desiring to address the Council on matters within the Gilroy City Council’s jurisdiction but not on the agenda. Persons wishing to address the Council are requested to complete a Speaker’s Card located at the entrances and handed to the City Clerk. Speakers are limited to 1 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 Joint Water Resources Committee, 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 May 15, 2023 | 6:00 PM Page 4 of 7 City Council Regular Meeting Agenda 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 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 Committee, SCRWA, South County Youth Task Force Policy Team, VTA Board of Directors, VTA Mobility Partnership 5. COUNCIL CORRESPONDENCE 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 May 1, 2023 City Council Regular Meeting 7.2. Approval of the Action Minutes of the May 3, 2023 City Council Capital Improvement Plan Workshop 7.3. Council Appointment of Council Member Tom Cline to the Valley Transportation Authority Mobility Partnership Committee 7.4. Amending the City of Gilroy Conflict of Interest Code 7.5. Approve Replacing Accounting Technician (Utility Billing) with Supervising Accounting Technician on the Budgeted Position Control List and Adopt a Resolution Updating the Position Control List for FY 23 7.6. Accept and File Quarterly Cash and Investment Report as of March 31, 2023 7.7. Annual Military Equipment Use Report 2022, per California Assembly Bill No. 481 7.8. Second Amendment to the Agreement for the Countywide Household Hazardous Waste Collection Program 7.9. Approval of Capital Improvement Plan Projects for Funding by the Road Repair and Accountability Act of 2017 (SB-1) Funds May 15, 2023 | 6:00 PM Page 5 of 7 City Council Regular Meeting Agenda 7.10. Adoption of a Resolution of the City Council of the City of Gilroy Requesting the Allocation of Fiscal Year 2024 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding from the Metropolitan Transportation Commission 7.11. Reject Bids for the San Ysidro Lighting/Picnic Area Improvements, Project No. 23-PW-277 7.12. Adoption of an Ordinance amending the Gilroy City Code, Chapter 30 (Zoning), Article XLI Section 30.41.32 (Specific Provisions—Emergency Shelters), Article II Section 30.2.20 (Definitions), and Article XI Section 30.11.10C (Residential Use Table) regarding Emergency Shelters (Z 23-03) 7.13. Adoption of an Ordinance of the City Council of the City of Gilroy Amending Sections 10.A15 (a) and (c) of the Gilroy City Code Relating to Host Liability for Illegal Fireworks and Illegal Use of Legal Fireworks 8. BIDS AND PROPOSALS 8.1. Award of Contract to Hill International to Manage the Design of 21 CIP Projects for the Capital Improvement Program Project Management Services (No. 23-RFP-PW-476) in the amount of $1,160,088 with a Project Contingency of $119,912 (~10%) and Approve a Total Project Expenditure of $1,280,000 1. Staff Report: Daryl Jordan, Public Works Director 2. Public Comment 3. Possible Action: Award a contract to Hill International in the amount of $1,160,088 with a project contingency of $119,912 (approximately 10%) for the Capital Improvement Program Project Management Services, Project No. 23-RFP- PW-476, and authorize the City Administrator to execute the contract and associated documents. 9. PUBLIC HEARINGS (NONE) 10. UNFINISHED BUSINESS 10.1. Review of the Draft Ordinance Banning the Use of Certain Public Rights-of- way as Sleeping or Living Accommodations 1. Staff Report: Bryce Atkins, Assistant to the City Administrator 2. Public Comment 3. Possible Action: Council provide direction regarding the proposed ordinance. May 15, 2023 | 6:00 PM Page 6 of 7 City Council Regular Meeting Agenda 11. INTRODUCTION OF NEW BUSINESS 11.1. Report on Design Update for the Gourmet Alley and Railroad Pedestrian and Bicycle Beautification Improvements Project 1. Staff Report: Daryl Jordan, Public Works Director 2. Public Comment 3. Possible Action: Receive report. 11.2. Approval of a Two-year Agreement with Silicon Valley Creates for an Amount Not-to-exceed $50,000 for Funding the "Elevate Gilroy Through the Arts" Program 1. Staff Report: Bryce Atkins, Assistant to the City Administrator 2. Public Comment 3. Possible Action: Council approve the agreement with Silicon Valley Creates for the “Elevate Gilroy Through the Arts” program. 11.3. Adopt a Resolution Setting the 2023 Fireworks Service Fee for Impacts on City Fire and Police Services Related to the Sale and Use of Safe and Sane Fireworks Pursuant to Gilroy City Code Chapter 10A 1. Staff Report: Sharon Goei, Community Development Director 2. Public Comment 3. Possible Action: Adopt a resolution of the City Council of the City of Gilroy setting the 2023 Fireworks Service Fee for impacts on City Fire and Police Services related to the sale and use of safe and sane fireworks pursuant to Gilroy City Code Chapter 10A. 12. CITY ADMINISTRATOR'S REPORTS 13. CITY ATTORNEY'S REPORTS 14. CLOSED SESSION 14.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GC Sec.17A.8(2) Property: 761 Tatum Ave., Gilroy, CA Negotiator: Jimmy Forbis, City Administrator Other Party to Negotiations: A. Marc Palmer Under Negotiations: Price and Terms of Purchase ADJOURN TO OPEN SESSION Report of any action taken in Closed Session and vote or abstention of each Council Member if required by Government Code Section 54957.1 and GCC Section 17A.13 (a); Public Report of the vote to continue in closed session if required under GCC Section 17A.11 (e). 15. ADJOURNMENT May 15, 2023 | 6:00 PM Page 7 of 7 City Council Regular Meeting Agenda FUTURE MEETING DATES May 2023 22 Recommend 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. 2.1 p. 8 of 379 Attested to by: Marie Blankley Thai Nam Pham MAYOR City Clerk W HEREAS, The City Council of the City of Gilroy supports the rights, freedoms, and equality of those who are lesbian, gay, bisexual, transgender, and queer/questioning (LGBTQ+); and WHEREAS, LGBTQ+ activists across the country have made tremendous progress to ensure individuals are judged on their character and not by who they love; and WHEREAS, the City of Gilroy prides itself on being an inclusive community and will continue to build a society where every person feels a sense of belonging and knows from childhood that their community supports them, is proud of them, and has a place for them exactly as they are; and WHEREAS, the City of Gilroy encourages the celebration of LGBTQ+ Pride Month to recognize all people in the community deserve to be treated respectfully, fairly and equally regardless of sexual orientation or gender identity. NOW, THEREFORE, I, Marie Blankley, Mayor of the City of Gilroy, together with my colleagues on the City Council, on this 15th day of May 2023, do hereby proclaim June 2023 as LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER/ QUESTIONING PRIDE MONTH CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. From:Matthew Tinsley To:City Clerk Subject:EXTERNAL - Written comments on matters not on the agenda Date:Thursday, May 11, 2023 8:51:45 AM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png Gilroy FCCH letter MRT 05112023.docx Family Child Care GILROY.pdf Dear City Clerk Please find attached a letter to the Mayor and Council and an informational flier on family childcare homes in the City of Gilroy. Please include these as supplemental meeting materials for the upcoming Council meeting. Also, please be aware that I intend to make an oral communication on this topic during this next meeting. Best, Matt Tinsley Matthew Tinsley, Ph.D. Director – Strong Start Office of the Superintendent Santa Clara County Office of Education 1290 Ridder Park Drive MC 243 San Jose, CA 95131-2304 (408) 453-6807 mtinsley@sccoe.org Maximizer – Input – Strategic – Relator – Ideation Pronouns: he / him / his 3.2 p. 10 of 379 Office of the City Clerk City of Gilroy 7351 Rosanna Street, Gilroy, CA 95020 May 11, 2023 PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA: Support for Licensed Family Child Care Home (FCCH) providers in Gilroy Dear Mayor Blankley and City Councilmembers, Licensed Family Child Care Home (FCCH) providers are skilled early learning professionals, typically women of color, whose small businesses provide an essential service in Gilroy. According to data from the California Department of Social Services, 21 FCCH have closed in Gilroy since the beginning of the pandemic. These closures negatively affect children’s academic and social development, and directly reduce family member’s workforce participation, increase absenteeism, and have negative impacts on employers and the local economy. The City of Gilroy can support these essential small businesses by: 1. Updating City Policies to Reflect that FCCH is a Residential Use of Property Using a home as an FCCH is an accessory use of a residential property (Cal. Health & Safety Code § 1597.43(a)) and is a use by right for the purposes of all local ordinances (Cal. Health & Safety Code § 1597.45(a)). 2. Waiving All Local Fees and Charges to Operate an FCCH Upfront costs are a disincentive to open these low margin businesses and may conflict with California Health & Safety Code: “A local jurisdiction shall not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home (§ 1597.45(b)). 3. Including FCCH in Small Business Programs, Supports and Grant Opportunities FCCH providers are small business owners who need access to the same supports as other entrepreneurs. Intentionally including them in outreach to existing small businesses programs will strengthen their ability to serve Gilroy families. Thank you for considering these actions. Please feel free to contact Dr. Matthew Tinsley, Director, Strong Start at the Santa Clara County Office of Education (mtinsley@sccoe.org) with any questions. Sincerely, Mary Ann Dewan, Ph.D. County Superintendent of Schools 3.2 p. 11 of 379 GilroySupport Family Childcare Homes in Gilroy can support these essential small businesses by: Updating city policies to reflect that an FCCH is a residential use of property Waiving all local fees and charges to operate an FCCH business Including FCCH providers in small business programs, supports and grant opportunities. 45% of licensed childcare capacity in Gilroy for children 0-5 is in FCCH. 21 of 95 FCCH closed during the pandemic in Gilroy, slowing economic recovery. Family Child Care Homes (FCCH) are small businesses primarily owned by women who are Black, Indigenous or people of color (BIPOC), who provide childcare in their homes. 3.2 p. 12 of 379 Page 1 of 11 City of Gilroy City Council Regular Meeting Minutes Monday, May 1, 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 Council Member Cline led the Pledge of Allegiance. 1.3. Invocation None was given. 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 Dion Bracco, Mayor Pro Tempore Tom Cline, Council Member Zach Hilton, Council Member Carol Marques, Council Member Fred Tovar, Council Member Marie Blankley, Mayor Absent Rebeca Armendariz, Council Member 1.6. Orders of the Day There were none. 1.7. Employee Introductions Fire Chief Wyatt introduced Firefighter/Paramedic Walter Kaneshiro. Public Works Director Jordan introduced Maintenance Worker Jacob Gomer, Maintenance Worker Jonathon Castro, Maintenance Worker Sonny Old Elk, and Maintenance Worker Salvator Russo. 2.CEREMONIAL ITEMS - Proclamations and Awards 2.1. Proclamation Naming May 2023 as Bicycle Awareness Month Mayor Blankley read aloud the Proclamation, which Parks and Recreation Commission Chair Luis Ramirez then accepted. 2.2. Proclamation Naming May 2023 as Affordable Housing Month Mayor Blankley read aloud the Proclamation, which Community Development Director Goei then accepted. 2.3. Proclamation Naming May 2023 as Building Safety Month Mayor Blankley read aloud the Proclamation, which Community Development DRAFT7.1 p. 13 of 379 May 1, 2023 | 6:00 PM Page 2 of 11 City Council Regular Meeting Minutes Director Goei then accepted. 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 Mayor Blankley opened Public Comment. The following members spoke on items that were not on the agenda. Jeff Orth requested assistance in dealing with unsanctioned events in downtown. Robert Zepeda discussed the need for local control and limited government. Ron Kirkish expressed his view that Silicon Clean Energy should explain to the Council why they cannot meet zero carbon emissions. There being no further speakers, Mayor Blankley closed Public Comment. 4.REPORTS OF COUNCIL MEMBERS Council Member Bracco had nothing to report. Council Member Marques reported on Gilroy Gardens Board of Directors. Council Member Hilton reported on VTA Policy Advisory Committee, asked the public to donate bicycles in working condition, and his office will be hosting one of the energizer stations on May 18th’s Bike to Wherever Day. Council Member Cline had nothing to report. Council Member Tovar thanked members of the community who cleaned the downtown parking lot. Mayor Blankley reminded the public about Bike to Wherever Day, held on May 18th. She also reported on and reported on CalTrain Policy Group and her tour of the construction site of the High-Speed Rail with City Administrator Forbis, Morgan Hill Mayor Mark Turner, and County Board Supervisor Otto Lee. 5.COUNCIL CORRESPONDENCE 5.1. Santa Clara Valley Water District (Valley Water) Notice of Public Hearing for Flood Control Benefit Assessment Rates for Fiscal Year 2023-2024 and Valley Water Benefit Assessment Report Council acknowledged the item. 6.FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Tovar requested that staff ask Silicon Clean Energy for a response brought forth by Mr. Kirkish. City Administrator Forbis will contact them directly. 7.CONSENT CALENDAR Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment.DRAFT7.1 p. 14 of 379 May 1, 2023 | 6:00 PM Page 3 of 11 City Council Regular Meeting Minutes Motion: Approve the Consent Calendar. RESULT: Pass MOVER: Dion Bracco, Mayor Pro Tempore SECONDER: Fred Tovar, Council Member AYES: Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley ABSENT: Council Member Armendariz 7.1. Approval of the Action Minutes of the April 17, 2023 City Council Regular Meeting A motion was made to approve the minutes. 7.2. Approve an Amendment to the Agreement with SDI Presence for Information Technology (IT) Consulting and Project Support Services A motion was made to approve an Amendment to the Agreement with SDI Presence for Information Technology (IT) Consulting and Project Support Services. 7.3. Claim of Timothy Carthen (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute denial of the claim) A motion was made to deny the claim. 8.1. Award the Purchase of a Type III Fire Engine in the amount of $415,672.91 Utilizing Cal Fire Tag-On Contract No. 1-22-23-21B Administrative Services LeeAnn McPhillips provided staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment. Motion: Award the purchase utilizing Cal Fire Tag-On Contract No. 1-22-23-21B and authorize the City Administrator to execute the purchase contract documents. RESULT: Pass MOVER: Fred Tovar, Council Member SECONDER: Carol Marques, Council Member AYES: Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley ABSENT: Council Member Armendariz 8.2. Award a Contract to Teichert Construction for the FY23 Citywide Pavement Rehabilitation Project No. 23-PW-278 and Approve a Total Project Expenditure of $6,688,412 Public Works Director Jordan provided staff presentation and responded to DRAFT7.1 p. 15 of 379 May 1, 2023 | 6:00 PM Page 4 of 11 City Council Regular Meeting Minutes Council Member questions. Mayor Blankley opened Public Comment. Gregory Felios issued concerns about the cost and inquired if there is an oversight on the project. There being no further speakers, Mayor Blankley closed Public Comment. Motion: Motion to adopt the resolution and award a contract to Teichert Construction for the FY 23 Citywide Pavement Rehabilitation Project, No. 23-PW-273, and authorize the City Administrator to execute the contract and associated documents. RESULT: Pass MOVER: Carol Marques, Council Member SECONDER: Dion Bracco, Mayor Pro Tempore AYES: Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley ABSENT: Council Member Armendariz Enactment No.: Resolution No. 2023-24 8.3. Approval of a Third Amendment to the Agreement for Professional Services with Park Consulting Group in the amount of $379,760 for the Tyler EnerGov Land Management System Project and Post-Production Issue Resolution, Support, and Enhancement Services Community Development Director Goei provided staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment. Motion: Approve and authorize the City Administrator to execute the third amendment to the Agreement for Professional Services with Park Consulting Group. RESULT: Pass MOVER: Dion Bracco, Mayor Pro Tempore SECONDER: Tom Cline, Council Member AYES: Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley ABSENT: Council Member Armendariz 8.4. Award of a Contract to David J. Powers & Associates, Inc. in the Amount of $360,069 with a Project Contingency of $36,007 (10%), for a Total Cost of $396,076 for 10th Street Bridge at Uvas Creek Environmental Compliance Services, Project M 16-10 and Adopt a Resolution Amending the Budget for the City of Gilroy for 2022-2023 and Appropriating Proposed Expenditure Amendments DRAFT7.1 p. 16 of 379 May 1, 2023 | 6:00 PM Page 5 of 11 City Council Regular Meeting Minutes Planner II Durkin provided staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment. Motion: Award a contract to David J. Power & Associates, Inc. for 10th Street Bridge at Uvas Creek environmental compliance services and authorize the City Administrator to execute the contract and associated documents and adopt the resolution. RESULT: Pass MOVER: Fred Tovar, Council Member SECONDER: Carol Marques, Council Member AYES: Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley ABSENT: Council Member Armendariz Enactment No.: Resolution No. 2023-25 9. PUBLIC HEARINGS 9.1. Emergency Shelters Zoning Amendment Customer Service Manager McCormick provided staff presentation and responded to Council Member questions. Mayor Blankley opened the Public Hearing at 7:11 PM. There being no speakers, Mayor Blankley closed the Public Hearing at 7:11 PM. Motion: Motion to approve the Emergency Shelters Zoning Amendment is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) in that it can be seen with certainty that the Emergency Shelters Zoning Amendment would not result in a significant environmental effect, and none of the circumstances set forth in CEQA Guidelines Section 15300.2 applies. RESULT: Pass MOVER: Fred Tovar, Council Member SECONDER: Carol Marques, Council Member AYES: Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley ABSENT: Council Member Armendariz DRAFT7.1 p. 17 of 379 May 1, 2023 | 6:00 PM Page 6 of 11 City Council Regular Meeting Minutes Motion: Read the ordinance by title only and waive further reading. RESULT: Pass MOVER: Fred Tovar, Council Member SECONDER: Dion Bracco, Mayor Pro Tempore AYES: Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley ABSENT: Council Member Armendariz City Clerk Pham read aloud the title of the ordinance. Motion: Motion to Introduce an Ordinance RESULT: Pass MOVER: Tom Cline, Council Member SECONDER: Fred Tovar, Council Member AYES: Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley ABSENT: Council Member Armendariz 9.2. Adoption of the Gilroy 2023 - 2031 Housing Element Customer Service Manager McCormick provided staff presentation and responded to Council Member questions. Mayor Blankley opened the Public Hearing at 7:55 PM. Terence Fugazzi expressed some objections to the Housing Element. Ronald Howson inquired why a council member contacted him if they were going to develop on his property in the next eight years. Ron Kirkish inquired how impact fees related to the Housing Element. Customer Service Manager McCormick briefly responded to Mr. Kirkish’s inquiry. There being no further speakers, Mayor Blankley closed the Public Hearing at 8:01 PM. DRAFT7.1 p. 18 of 379 May 1, 2023 | 6:00 PM Page 7 of 11 City Council Regular Meeting Minutes Motion: Motion to find that the adoption of the Gilroy 2023-2031 Housing Element is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) in that it can be seen with certainty that the Gilroy 2023-2031 Housing Element would not result in a significant environmental effect, and none of the circumstances set forth in CEQA Guidelines Section 15300.2 applies. RESULT: Pass MOVER: Dion Bracco, Mayor Pro Tempore SECONDER: Marie Blankley, Mayor AYES: Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley ABSENT: Council Member Armendariz Motion: Adopt the resolution with the following items amended in the Housing Element: •Modified Program A-10 to change the minimum lot size for triplexes and fourplexes from 6,000 square feet to 8,000 square feet in the R-1 and R- 2 zones. •Modified Program A-10 limit the triplex and fourplex allowance to R-1 and R-2 lots that were created prior to May 1, 2023 •Modified Program A-10 to remove the increase in ADU square footage from 1,000 square feet to 1,200 square feet. •Modified Program B-5 to remove Planned Development streamlining from the list of zoning updates - City Council is the final approval of the process. RESULT: Pass MOVER: Carol Marques, Council Member SECONDER: Fred Tovar, Council Member AYES: Mayor Pro Tempore Bracco, Council Member Cline, Council Member Marques, Council Member Tovar, Mayor Blankley NAYS: Council Member Hilton ABSENT: Council Member Armendariz Enactment No.: Resolution No. 2023-26 DRAFT7.1 p. 19 of 379 May 1, 2023 | 6:00 PM Page 8 of 11 City Council Regular Meeting Minutes Motion: Motion to direct the Community Development Director, or designee, to submit the Gilroy 2023-2031 Housing Element and all associated documentation to the Department of Housing and Community Development (HCD), and further authorize the Community Development Director, or designee, to make any changes to the Housing Element necessary to make it internally consistent, conform to State Housing Element Law as provided in Government Code 65580 et seq, and address any changes or amendments requested by HCD to achieve certification. RESULT: Pass MOVER: Carol Marques, Council Member SECONDER: Marie Blankley, Mayor AYES: Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley ABSENT: Council Member Armendariz 9.3. Introduction and First Reading of an Ordinance of the City Council of the City of Gilroy Amending Sections 10A.15 (a) and (c) of the Gilroy City Code Relating to Host Liability for Illegal Fireworks and Illegal Use of Legal Fireworks Deputy Fire Marshal Crick provided staff presentation and responded to Council Member questions. Mayor Blankley opened the Public Hearing at 8:45 PM. There being no speakers, Mayor Blankley closed the Public Hearing at 8:45 PM. Motion: Motion to read the ordinance by title only and waive further reading. RESULT: Pass MOVER: Fred Tovar, Council Member SECONDER: Tom Cline, Council Member AYES: Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley NAYS: Mayor Pro Tempore Bracco ABSENT: Council Member Armendariz City Clerk Pham read aloud the title of the ordinance. DRAFT7.1 p. 20 of 379 May 1, 2023 | 6:00 PM Page 9 of 11 City Council Regular Meeting Minutes Motion: Motion to Introduce an Ordinance. RESULT: Pass MOVER: Fred Tovar, Council Member SECONDER: Tom Cline, Council Member AYES: Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley NAYS: Mayor Pro Tempore Bracco ABSENT: Council Member Armendariz 9.4. Conduct a Public Hearing to Approve CDBG Program Year 2023-24 Funding Allocations and Annual Action Plan Community Development Director Goei provided staff presentation and responded to Council Member questions. Mayor Blankley opened the Public Hearing at 9:02 PM. There being no further speakers, Mayor Blankley closed the Public Hearing at 9:02 PM. Motion: Motion to approve the CDBG funding allocations and Annual Action Plan for Program Year 2023-24. RESULT: Pass MOVER: Fred Tovar, Council Member SECONDER: Carol Marques, Council Member AYES: Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley ABSENT: Council Member Armendariz 10.UNFINISHED BUSINESS 10.1. Adopt a Resolution Forming the Downtown Committee and Appoint Public Members to the Committee 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. DRAFT7.1 p. 21 of 379 May 1, 2023 | 6:00 PM Page 10 of 11 City Council Regular Meeting Minutes Motion: Motion to adopt the resolution forming the Downtown Committee. RESULT: Pass MOVER: Dion Bracco, Mayor Pro Tempore SECONDER: Tom Cline, Council Member AYES: Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley ABSENT: Council Member Armendariz Enactment No.: Resolution No. 2023-27 Council Member Marques informed Council that Council Member Armendariz appointed Lorena Gaeta and Matt Gallion to the Downtown Committee. Council Member Bracco appointed Jeff Orth and David Caldwell to the Downtown Committee. Council Member Marques appointed Jeanie Rizutto and Fran Beaudet to the Downtown Committee. Council Member Tovar appointed Victoria Valencia and William Leal to the Downtown Committee. Mayor Blankley appointed David Leal and Emily McEna-Upright to the Downtown Committee. 11. INTRODUCTION OF NEW BUSINESS 11.1. Fiscal Year 2023 General Fund Forecast Update Finance Director Sangha provided staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment. Council received the report. 11.2. Council Consideration of a City Council Proclamation and Recognition 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. DRAFT7.1 p. 22 of 379 May 1, 2023 | 6:00 PM Page 11 of 11 City Council Regular Meeting Minutes Motion: Motion to adopt the resolution. RESULT: MOVER: Fred Tovar, Council Member SECONDER: Tom Cline, Council Member AYES: Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley ABSENT: Council Member Armendariz 12.CITY ADMINISTRATOR'S REPORTS 12.1. City of Gilroy AARP Taxaide Program 12.2. City of Gilroy/GUSD Award for 2022 Fentanyl Outreach Campaign City Administrator Forbis provided his report. 13.CITY ATTORNEY'S REPORTS City Attorney Faber provided his report and responded to Council Member questions. 14.ADJOURNMENT Mayor Blankley adjourned the meeting at 9:33 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 DRAFT7.1 p. 23 of 379 Page 1 of 1 City of Gilroy City Council Capital Improvement Plan Workshop Minutes Wednesday, May 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. Roll Call Attendance Attendee Name Present Dion Bracco, Mayor Pro Tempore Tom Cline, Council Member Zach Hilton, Council Member Carol Marques, Council Member Fred Tovar, Council Member Marie Blankley, Mayor Absent Rebeca Armendariz, Council Member 2.CITY COUNCIL CAPITAL IMPROVEMENT PLAN WORKSHOP 2.1. Capital Improvement Program for Fiscal Year 2024 through Fiscal Year 2028 City Administrator Forbis provided a brief introduction to the item. Public Works Director Jordan provided staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. Luis Ramirez requested for Council to fund a master plan for the Parks and Recreation Division. There being no further speakers, Mayor Blankley closed Public Comment. 3.ADJOURNMENT The meeting was adjourned by the Mayor at 6:26 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 DRAFT7.2 p. 24 of 379 Page 1 of 2 City of Gilroy STAFF REPORT Agenda Item Title:Council Appointment of Council Member Tom Cline to the Valley Transportation Authority Mobility Partnership Committee Meeting Date:May 15, 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 Not Applicable RECOMMENDATION Council appoint Council Member Tom Cline to replace Council Member Fred Tovar on the Valley Transportation Authority (VTA) Mobility Partnership Committee. BACKGROUND VTA provides public transit services to Santa Clara County, including the City of Gilroy. The City can appoint members to the VTA’s Mobility Partnership Committee, with current members including Mayor Blankley and Council Member Tovar from the City. Due to scheduling conflicts, Council Member Tovar is not able to continue serving in this role, and a new Council Member, Council Member Cline, is to be appointed to fill that seat. The Mobility Partnership provides policy oversight and direction to staff of the Santa Clara Valley Transportation Authority and the Council of San Benito County Governments regarding potential mobility improvements between US 101 and Interstate 5 in the northern San Benito and Southern Santa Clara Counties. The six-person Partnership, consisting of three appointed members from VTA and three from San Benito County, advocate for the development of Transportation Improvements to improve mobility in the area defined by the Partnership. 7.3 p. 25 of 379 Council Appointment to the Valley Transportation Authority Mobility Partnership Committee City of Gilroy City Council Page 2 of 2 May 15, 2023 ALTERNATIVES Council may choose not to appoint a replacement. This alternative is not recommended, as the City would be passing on its current ability to represent the City of Gilroy at the same level as currently enjoyed. FISCAL IMPACT/FUNDING SOURCE None. There are no financial impacts to this appointment action. PUBLIC OUTREACH This item was included on the publicly posted agenda for this Council meeting. NEXT STEPS Based on the final Council action the City Clerk’s Office will process the change in representation with VTA and other documentation maintained by the City. 7.3 p. 26 of 379 Page 1 of 2 City of Gilroy STAFF REPORT Agenda Item Title:Amending the City of Gilroy Conflict of Interest Code Meeting Date:May 15, 2023 From:Jimmy Forbis, City Administrator Department:City Clerk Submitted By:Thai Nam Pham, City Clerk Prepared By:Thai Nam Pham, City Clerk STRATEGIC PLAN GOALS Not Applicable RECOMMENDATION Adopt a resolution of the City Council of the City of Gilroy amending the City of Gilroy Conflict of Interest Code by the removal of the Personnel Commission Members from the Code. BACKGROUND At the September 12, 2022 City Council Regular Meeting, Council adopted the updated Conflict of Interest (COI) Code. The updated code added Personnel Commission members to the COI Code. However, this addition was made in error as the members are not subject to the Code. The proposed City of Gilroy COI Code is attached as Exhibit A to this report. ANALYSIS According to Government Code Section 87302, positions within the City are designated as being required to report economic interests if the positions “involve the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest” and a source of income or business or real property interest is made reportable if it “may foreseeably be affected materially by any decision made or participated in” by the occupant of the designated position. 7.4 p. 27 of 379 Amending the City of Gilroy Conflict of Interest Code City of Gilroy City Council Page 2 of 2 May 15, 2023 The Personnel Commission was added to the list of “Designated Positions” in the COI Code in error, as it is not reasonably foreseeable that their economic interests could be materially affected by their decision-making on the Personnel Commission. Thus, it is appropriate to remove the Personnel Commission from the COI Code, effective as of September 8, 2022. FISCAL IMPACT/FUNDING SOURCE There is no fiscal impact. Attachments: 1. Draft Resolution 2. Exhibit A – Revised Conflict of Interest Code 7.4 p. 28 of 379 RESOLUTION 2023-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE CITY OF GILROY CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act (“Act”), Government Code Section 81000 et seq., requires state and local agencies to adopt and promulgate conflict of interest codes, and the City of Gilroy (“City”) is an agency subject to this statute; and WHEREAS, the City Council of the City of Gilroy adopted the Conflict of Interest Code at a regular meeting duly held on September 12, 2022; and WHEREAS, upon further review of the adopted Conflict of Interest Code, it has been deemed appropriate and desirable to amend the Conflict of Interest Code by deleting the position of Personnel Commission members. Because the Personnel Commission was added to the Conflict of Interest Code erroneously on September 12, 2022, this amendment to the Conflict of Interest Code is made effective as of September 12, 2022. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy does hereby amend the City of Gilroy Conflict of Interest Code and adopt the amended City of Gilroy Conflict of Interest Code attached as “Exhibit A,” which shall be effective as of September 12, 2022. PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the 15th day of May 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 7.4 p. 29 of 379 Adopted: September 12, 2022 Updated May 15, 2023 Page 1 of 5 CITY OF GILROY CONFLICT OF INTEREST CODE The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix [or Appendices], designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Gilroy (“City”). Individuals holding designated positions shall file their statements of economic interests with the City, which will make the statements available for public inspection and reproduction (Gov. Code Sec. 81008). Upon receipt of the statements for those designated in the Political Reform Act as 87200 filers (i.e. mayors and city council members, city managers, city attorneys, city treasurers, and members of planning commissions), the City shall make and retain copies and forward the originals to the Fair Political Practices Commission. All other statements will be retained by the City. 7.4 p. 30 of 379 City of Gilroy Conflict of Interest Code Adopted September 12, 2022 Page 2 of 5 6 8 0 The following designated position classifications are required to file Statements of Economic Interests pursuant to the Political Reform Act of 1974, as amended, and are hereby included in the City of Gilroy's Conflict of Interest Code. POSITIONS DESIGNATED BY STATUTE GOVERNMENT CODE §87200 The following positions are NOT covered by the code because they must file under Government Code §87200 and are listed for information purposes only. POSITION DISCLOSURE CATEGORY Mayor 1 City Council Member 1 Planning Commission Member 1 City Administrator (Manager)1 City Attorney 1 City Treasurer 1 DESIGNATED POSITIONS CITY ADMINISTRATION POSITION DISCLOSURE CATEGORY Assistant City Administrator 1 City Clerk 1 Deputy City Clerk 2 Emergency Services Coordinator 4 Management Analyst 2 Program Administrator 1 Senior Management Analyst 2 CITY ATTORNEY POSITION DISCLOSURE CATEGORY Assistant City Attorney 1 COMMUNITY DEVELOPMENT POSITION DISCLOSURE CATEGORY Community Development Director 1 Building Official 4 Customer Service Manager 1 Hazardous Material Supervisor/Deputy Fire Marshal 4 Management Analyst 2 FINANCE POSITION DISCLOSURE CATEGORY Finance Director 1 Finance Manager 1 Financial Analyst 1 Management Analyst 2 7.4 p. 31 of 379 City of Gilroy Conflict of Interest Code Adopted September 12, 2022 Page 3 of 5 6 8 0 FIRE POSITION DISCLOSURE CATEGORY Fire Chief 1 Fire Division Chief 3 Management Analyst 2 POLICE POSITION DISCLOSURE CATEGORY Chief of Police 1 Management Analyst 2 Police Captain 2 PUBLIC WORKS POSITION DISCLOSURE CATEGORY Public Works Director 1 Deputy Director of Public Works – Operations 1 City Engineer/Transportation Engineer 1 Environmental Programs Manager 2 Management Analyst 2 Operations Services Supervisor 3 Senior Civil Engineer 4 Senior Management Analyst 2 ADMINISTRATIVE SERVICES POSITION DISCLOSURE CATEGORY Administrative Services and Human Resources Director / Risk Manager 1 Facilities Superintendent 3 Fleet Superintendent 3 Information Technology Manager 3 Management Analyst 2 Network Administrator 3 RECREATION POSITION DISCLOSURE CATEGORY Recreation Manager 2 Community Coordinator 3 Recreation Coordinator 3 Management Analyst 2 BOARDS, COMMISSIONS, AND COMMITTEES POSITION DISCLOSURE CATEGORY Building Board of Appeals Member 1 Physically Challenged Board of Appeals Member 1 7.4 p. 32 of 379 City of Gilroy Conflict of Interest Code Adopted September 12, 2022 Page 4 of 5 6 8 0 OTHERS POSITION DISCLOSURE CATEGORY Consultants*1 Casual Employees performing work similar to a designated position*1 Retired Annuitants**1 7.4 p. 33 of 379 City of Gilroy Conflict of Interest Code Adopted September 12, 2022 Page 5 of 5 6 8 0 CITY OF GILROY CONFLICT OF INTEREST CODE DISCLOSURE CATEGORIES Category 1: All designated employees in this category shall disclose all sources of income, all interests in real property in the City of Gilroy, all investments and all business positions in business entities in which he or she is a director, officer, partner, trustee or employee or holds any position of management. Category 2: All designated employees in this category shall disclose investments, business positions and sources of income from business entities which provide services, supplies, materials, machinery or equipment of the type utilized by the City of Gilroy. Category 3: All designated employees in this category shall disclose investments, business positions and sources of income from business entities which provide services, supplies, materials, machinery or equipment of the type utilized by the designated employee’s department or division. Category 4: All designated employees in this category shall disclose all investments, business positions and sources of income from business entities which engage in land development, construction or the acquisition or sale of real property, and all interests in real property in the City of Gilroy. *Consultants and/or Casual employees are included in the list of designated positions and shall be designated on a case-by-case basis, depending upon the nature of their services and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Administrator may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Administrator’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. All agreements with a consultant, whether or not such consultant is required to file a disclosure statement in accordance with this resolution, shall contain a certification by the consultant that no conflict of interest exists in connection with the contract being entered into between the consultant and the City. **Retired annuitants may be included in the list of designated employees when the City Administrator, or his or her designee, determines that they are performing work that is the functional equivalent of a designated position. If such a determination is made, then disclosure shall be pursuant to the disclosure category required by this Code for the comparable designated staff position. 7.4 p. 34 of 379 Page 1 of 2 City of Gilroy STAFF REPORT Agenda Item Title:Approve Replacing Accounting Technician (Utility Billing) with Supervising Accounting Technician on the Budgeted Position Control List and Adopt a Resolution Updating the Position Control List for FY 23 Meeting Date:May 15, 2023 From:Jimmy Forbis, City Administrator Department:Finance Submitted By:Harjot Sangha, Finance Director Prepared By:Harjot Sangha, Finance Director STRATEGIC PLAN GOALS Not Applicable RECOMMENDATION 1. Approve replacing Accounting Technician (Utility Billing) with Supervising Accounting Technician (Utility Billing) on the budgeted Position Control List. 2. Adopt a resolution approving the updated Position Control List for FY 23. EXECUTIVE SUMMARY Staff is recommending changing an existing Accounting Technician position within the utility billing function of the Finance Department to the position of Supervising Accounting Technician to better align with the incumbent’s current duties and responsibilities. ANALYSIS The Finance Department’s utility billing function currently consists of an Accounting Technician and six Accounting Assistants. Over the past six months, given the need of the Finance Department, the Accounting Technician for Utility Billing took on the supervision of the Accounting Assistant team. This was an added responsibility that the department needed the employee to perform, and pursuant to the AFSCME MOU, the 7.5 p. 35 of 379 Approve Replacing Accounting Technician (Utility Billing) with Supervising Accounting Technician on the Budgeted Position Control List and Adopt a Resolution Updating the Position Control List for FY 23 City of Gilroy City Council Page 2 of 2 May 15, 20231 1 2 7 employee received temporary upgrade pay. After an assessment of the past six months, it has been determined that the department needs this employee to continue to function as the supervisor of the Accounting Assistant team on an ongoing basis and continue the higher-level work. The additional higher-level work being performed by the Accounting Technician in the Acting role has included the following: •Providing customer service oversight and day-to-day supervision of the utility billing staff o Assignment/work prioritization, scheduling, training, and evaluations •Developing and implementing procedures to improve efficiency and customer service •Coordinating with City departments for certain billing and collections •Coordinating the research and resolution of the new utility billing/cashiering systems and related external third-party integrations •Developing reports and materials for use by City management for the water and wastewater utilities •Conducting or assisting with special projects and studies Given that this work needs to continue into the future, staff is requesting a change to the FY 23 budgeted position control list. Once approved in the budget, staff will work to finalize a new job description and salary range for the Supervisor position and will submit it to the Personnel Commission for review and approval following our normal process for job description changes. ALTERNATIVES City Council could elect not to approve the position change. Staff does not recommend this option as the supervisory duties and higher-level work will need to be performed by another Finance team member. FISCAL IMPACT/FUNDING SOURCE The fiscal impact of the position control change is approximately $10,000/year. The position is funded by the Water (705) and Wastewater Fund (700) with a 50/50 split. The impact will be absorbed within the existing budgetary appropriations, so no budget amendment is needed. Future years’ budgetary impacts will be included in the forthcoming recommended budget. Attachments: 1. Draft Resolution 7.5 p. 36 of 379 RESOLUTION NO. 2023-XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE AUTHORIZED POSITION CONTROL LIST FOR THE CITY OF GILROY FOR FISCAL YEAR 2022-2023 WHEREAS, the business operations of the City of Gilroy are conducted by hired professional staff; and WHEREAS, the City of Gilroy is committed to delivering services to our residents; and WHEREAS, the delivery of services is effectuated by providing adequate and appropriate staffing levels to carry out the business of the City. NOW, THEREFORE, BE IT RESOLVED that the number and classifications of both regular and limited-term full-time positions in which persons may be employed by the City of Gilroy during Fiscal Year 2022-2023 are hereby Amended and shall be as set forth in the attached position control list, incorporated herein by reference. BE IT FURTHER RESOLVED that a change in the position control list shall only be accomplished by resolution of the City Council of the City of Gilroy. PASSED AND ADOPTED at a Regular Meeting of the City Council this 15th day of May 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 7.5 p. 37 of 379 Resolution No. 2023-XX Position Control List City Council Regular Meeting | May 15, 2023 Page 2 of 4 POSITION CONTROL LIST Below is the table showing the authorized full-time positions by department. Updated May 15, 2023 DEPARTMENT AMENDED FY22 AMENDED FY23 ADMINISTRATION 14 16 Assistant to the City Administrator 0 1 City Administrator 1 1 City Clerk 1 1 Community Coordinator 1 1 Community Engagement Manager 1 1 Community Resilience Coordinator 0 1 Deputy City Clerk 1 1 Economic Development Manager 1 1 Emergency Services & Volunteer Coordinator 1 1 HCD Technician 1 1 Management Analyst 0 1 Program Administrator 1 1 Recreation Coordinator 2 1 Recreation Manager 1 1 Recreation Supervisor 0 1 Senior Management Analyst 2 1 ADMINISTRATIVE SERVICES 18 19 Administrative Services & Human Resources Director/Risk Manager 1 1 Equipment Mechanic 2 2 Facilities Maintenance Specialist 3 3 Facilities Superintendent 1 1 Fleet Superintendent 1 1 Human Resources Analyst 1 1 Human Resources Technician I 1 1 IT Applications Analyst 1 1 IT Manager 1 1 IT Technician I/II 1 1 Management Assistant 1 1 7.5 p. 38 of 379 Resolution No. 2023-XX Position Control List City Council Regular Meeting | May 15, 2023 Page 3 of 4 Network Administrator 0 1 Public Safety Systems Administrator 1 1 Senior Custodian 1 1 Senior Equipment Mechanic 1 1 Senior Human Resources Analyst 1 1 COMMUNITY DEVELOPMENT 23 24 Building Inspector I/II 3 3 Building Official 1 1 Code Enforcement Officer 2 2 Community Development Director 1 1 Customer Service Manager 1 1 Deputy Fire Marshal/Haz Mat Supervisor 1 1 GIS Coordinator/Planner 1 1 Hazardous Materials Inspector I/II 3 3 Management Analyst 1 1 Management Assistant 1 1 Office Assistant I/II 1 1 Permit Technician 2 3 Planner I/II 2 2 Planning Technician 1 1 Senior Planner 2 2 FINANCE 13 14 Accountant II 1 1 Accounting Assistant I/II 6 7 Accounting Technician - Payroll 1 1 Accounting Technician I/II 1 0 Budget/Finance Analyst 1 1 Finance Director 1 1 Finance Manager 2 2 Supervising Accounting Technician 0 1 FIRE 44 44 Fire Administration Technician 1 1 Fire Captain 10 10 Fire Chief 1 1 Fire Division Chief 3 3 Fire Engineer 9 9 7.5 p. 39 of 379 Resolution No. 2023-XX Position Control List City Council Regular Meeting | May 15, 2023 Page 4 of 4 Firefighter I/II 19 19 Management Analyst 1 1 POLICE 101 102 Community Services Officer 4 4 Police Crime Analyst 1 1 Detention Services Officer 3 4 Management Analyst 1 1 Management Assistant 1 1 Multi-Service Officer 1 1 Office Assistant I/II 1 1 Police Captain 3 3 Police Chief 1 1 Police Corporal 8 8 Police Officer 44 44 Police Records Technician I/II 6 6 Police Sergeant 11 11 Property and Evidence Technician 1 1 Public Safety Communications Supervisor 1 1 Public Safety Communicator 12 12 Police Records Supervisor 1 1 Youth Task Force Coordinator 1 1 PUBLIC WORKS 49 49 City Engineer/Transportation Engineer 1 1 Deputy Director of Public Works 1 1 Engineer I/II 5 5 Engineering Technician/Inspector I/II/III 2 2 Maintenance Worker I/II 27 25 Management Analyst 2 2 Management Assistant 1 1 Operations Services Supervisor 3 3 Public Works Director 1 1 Senior Civil Engineer 2 2 Senior Environmental Engineer 1 1 Senior Maintenance Worker 3 5 CITYWIDE FULL-TIME PERSONNEL 262 268 7.5 p. 40 of 379 Page 1 of 2 City of Gilroy STAFF REPORT Agenda Item Title:Accept and File Quarterly Cash and Investment Report as of March 31, 2023 Meeting Date:May 15, 2023 From:Jimmy Forbis, City Administrator Department:Finance Submitted By:Harjot Sangha, Finance Director Prepared By:Harjot Sangha, Finance Director STRATEGIC PLAN GOALS Develop a Financially Resilient Organization RECOMMENDATION Accept and file the quarterly cash and investment report as of March 31, 2023. EXECUTIVE SUMMARY Council is requested to accept and file the quarterly investment report as of March 31, 2023. BACKGROUND The quarterly investment reports are prepared pursuant to the City’s investment policy to keep the City Council apprised of the City’s investment activities. ANALYSIS On March 31, 2023, the City’s cash and investments totaled $185.9 million, of which $116.6 million is invested with the Local Agency Investment Fund (LAIF), and $60.9 million is invested in US Treasuries. The fiscal year-to-date interest earnings are $2.9 million. In addition, approximately $46.7 million is held by Fiscal Agents in the Trustee capacity for various bond issues such as bond proceeds, debt service reserves, bond payments, escrows, and for post-employment benefits related to pension. The majority of this 7.6 p. 41 of 379 Accept and File Quarterly Cash and Investment Report as of December 31, 2022 City of Gilroy City Council Page 2 of 2 March 20, 20239 8 4 balance ($28.4 million) consists of the City of Gilroy’s share of the Acquisition and Construction Funds for the SCRWA Plant Expansion Project. FISCAL IMPACT/FUNDING SOURCE There are no direct fiscal impacts to receiving and filing the quarterly cash and investment report. This is an activity included in the Finance Department’s annual workplan. Attachments: 1. Cash and Investment Report as of March 31, 2023 7.6 p. 42 of 379 7.6 p. 43 of 379 7.6 p. 44 of 379 7.6 p. 45 of 379 7.6 p. 46 of 379 7.6 p. 47 of 379 7.6 p. 48 of 379 7.6 p. 49 of 379 7.6 p. 50 of 379 7.6 p. 51 of 379 7.6 p. 52 of 379 7.6 p. 53 of 379 7.6 p. 54 of 379 7.6 p. 55 of 379 Page 1 of 4 City of Gilroy STAFF REPORT Agenda Item Title:Annual Military Equipment Use Report 2022, per California Assembly Bill No. 481 Meeting Date:May 15, 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 Receive report. EXECUTIVE SUMMARY The Military Equipment Use Policy is subject to City Council review to determine whether the standards set forth in Assembly Bill 481 have been met, based upon an Annual Military Equipment Use Report. Gilroy Police Department’s first Annual Military Equipment Use Report is due in May 2023. BACKGROUND On September 30, 2021, California Governor Newsom approved Assembly Bill 481, requiring law enforcement agencies to obtain approval from the applicable governing body (City Council) for the adoption of a military equipment use policy. The Gilroy Police Department presented its Military Use Policy at City Council meetings on April 4, 2022, and May 2, 2022, with final approval on May 16, 2022. Assembly Bill 481 allows the governing body to approve the funding, acquisition, and use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. Finally, Assembly Bill 481 requires the publication of the Military Equipment Use Policy and the Annual Military Equipment Use 7.7 p. 56 of 379 Annual Military Equipment Use Report 2022, per California Assembly Bill No. 481 City of Gilroy City Council Page 2 of 4 May 15, 2023 Report on the Police Department’s website. California Government Code section 7072 states the following: (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment: (1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. (b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. In addition to maintaining the highest levels of public safety, the Gilroy Police Department is committed to transparency, public trust, community partnerships, and compliance with the law. As such, the Department has authored the following Annual Military Equipment Use Report in accordance with annual reporting requirements set forth in California Government Code section 7072. 7.7 p. 57 of 379 Annual Military Equipment Use Report 2022, per California Assembly Bill No. 481 City of Gilroy City Council Page 3 of 4 May 15, 2023 ANALYSIS The Gilroy Police Department 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. To accomplish our mission effectively and safely, the Gilroy Police Department possesses and utilizes certain specialized equipment (military equipment) to safeguard the citizens of Gilroy and protect our first responders. While our inventory of military equipment varies, the mere possession of this equipment does not warrant its use. The merits and the totality of the circumstances of each unique incident are considered before military equipment is utilized in compliance with department policy and law. The term "military equipment," as used in Assembly Bill 481, does not necessarily indicate that the equipment is or has been used by the military. Many items defined as "military equipment" by the bill are often used by law enforcement to preserve life and enhance public and officer safety while remaining prepared to handle the various lethal and non-lethal challenges facing our communities. The Gilroy Police Department's use of military equipment is consistent with overall best practices employed by police departments nationwide. Apparatus used by the Gilroy Police Department that are considered military equipment under Assembly Bill 481 include but are not limited to, emergency response equipment such as command vehicles and armored rescue vehicles, less-lethal shotguns, less- lethal 40mm projectile launchers, precision weapons such as rifles, unmanned aircraft systems, and other select items. The continued access to and use of this equipment is vital in ensuring our officers have the appropriate tools to de-escalate situations, preserve life, ensure safety for all people, and protect civil liberties. The Gilroy Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. The use of military equipment is restricted to certain instances and, in some cases, only by certain units. The use of the Department’s military equipment is continuously evaluated, and the use of such equipment by department personnel is influenced by the totality of the circumstances, public safety, officer safety, civil rights, State law, and information available at the time of use. It is incumbent upon incident commanders, supervisors, individual officers, and specific units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers and to bring a critical incident to a safe resolution. This Annual Military Equipment Use Report 2022 outlines a summary of military equipment usage guidelines, inventory, fiscal impact, complaints, and reported concerns from January 1, 2022, through December 31, 2022. 7.7 p. 58 of 379 Annual Military Equipment Use Report 2022, per California Assembly Bill No. 481 City of Gilroy City Council Page 4 of 4 May 15, 2023 ALTERNATIVES There are no reasonable alternatives to the items listed in the Annual Military Equipment Use Report 2022. GPD has not discovered alternative products that can achieve the same objectives of civilian and officer safety. Each item’s necessity is further described in the attached annual report. FISCAL IMPACT/FUNDING SOURCE There are no new financial considerations for existing military equipment and munitions during this reporting period, January 1, 2022, through December 31, 2022. All equipment listed in the attached annual report is already in possession of and used by GPD. On page 22 of the annual use report, there are two projected acquisitions of non- consumable military equipment for the reporting period January 1, 2023, through December 31, 2023. PUBLIC OUTREACH Per Assembly Bill 481, the publication of the Military Equipment Use Policy and the Annual Military Equipment Use Report is posted on the Police Department’s website. Attachments: 1. Gilroy Police Department Annual Military Use Report 2022 7.7 p. 59 of 379 1 Annual Military Equipment Use Report 2022 Gilroy Police Department Annual Military Equipment Use Report January 1, 2022 – December 31, 2022 Chief Pedro Espinoza 7301 Hanna Street, Gilroy CA 95020 www.cityofgilroy.org 7.7 p. 60 of 379 2 Annual Military Equipment Use Report 2022 Contents Executive Summary………………………………………………………………………………………………4 Introduction………………………………………………………………………………………………………...6 Definitions………………………………………………………………………………………………………….7 Summary of Military Equipment Usages……………………………………………………………..............10 Inventory by Equipment Type………………………………………………………………………………….16 Fiscal Impact……………………………………………………………………………………………………..19 Department Transparency……………………………………………………………………………….……..23 Community Complaints/Concerns/Comments…...………………………………………………….23 Response to Procedure Violations…………….…………………………….………….…………….23 Internal Audits…………………………………….………………….……………………………….…24 Summary of Military Equipment…………………………………….………………………………………….25 Unmanned Aircraft Systems (UAS)……………….………….…..…………………………………...26 DJI Matrice 210…………………………………….…………………………………………...27 DJI Mavic Mini...…..…………….……………….……………………………………………..27 DJI Mavic 2 Enterprise…….……….………….………………………………………………28 Robots………………………………….………………………………………………………………...29 Robotex Avatar Tactical Robot..………………………………………………………………30 Transcend Vantage Patrol Robot…..………………………………………………………...30 Recon Robotics Throwbot 2…………………………………………………………………..31 Armored Vehicles…...………………………………….……………………………………………….32 Bearcat G2…..………………………………………………………………………………….33 Mobile Command Vehicle (MCV)……………..………….…………………………………………...34 Hostage Negotiation Team (HNT) Van………………….……………………………………..……..36 40mm Launchers and Munitions………………………….………..………………………………….38 Defense Technology 40mm Single Shot Launcher #1425………………………..……….39 Defense Technology 40mm Tactical 4-Shot Launcher, #1440……..……………………..39 Defense Technology 40mm Exact Impact Sponge Round #6325…..…………………….41 Less Lethal Shotgun and Munitions…………..………………………………………………………42 7.7 p. 61 of 379 3 Annual Military Equipment Use Report 2022 Mossberg Model 590, 12-gauge Shotgun…….……………………………………………..43 Combined Tactical Systems Super-Sock Bean Bag………………………………………..44 Combined Tactical Systems LC5 Launching Cup…………………………………………………...45 Diversionary Devices……………………………………………………………………………………47 Combined Tactical Systems, 7290 Flash-Bang……………………………………………..48 Combined Tactical Systems, 7290M Mini Flash-Bang……………………………………..48 Rifles and Munitions…………………………………………………………………………………….50 Colt M4 Commando……………………………………………………………………………51 Colt M4 Carbine………………………………………………………………………………...51 Remington 700………………………………………………………………………………….52 Colt M16A1……………………………………………………………………………………...52 Springfield M14…………………………………………………………………………………53 Chemical Agent and Smoke Canisters……………………………………………………………….54 Defense Technology, Maximum HC Smoke Large Cannister, #1073……………………55 Combined Tactical Systems, White Smoke Tactical Canister Grenade, #8210…………55 Combined Tactical Systems, Riot CS Smoke Grenade, #8230…………………………...56 Combined Tactical Systems, Baffled Riot CS Smoke Grenade, #5230B………………..57 Penn Arms, 37mm Single Shot Launcher, #SL1-37………………………………………..57 Sage Control Ordinance, 37mm Rifled Barricade Penetrating, #BP5OC………………..58 Sage Control Ordinance, 37mm Rifled Barricade Penetrating, #BP5CS………………...58 Sage Control Ordinance, 37mm Impact/Chemical, #KO3OC……………………………..59 PepperBall Launchers and Projectiles………………………………………………………………..60 PepperBall FTC Launcher…………………………………………………………………….61 PepperBall Live Projectile……………………………………………………………………..61 PepperBall Inert Projectile…………………………………………………………………….62 Conclusion………………………………………………………………………………………………………..63 7.7 p. 62 of 379 4 Annual Military Equipment Use Report 2022 Executive Summary On September 30, 2021, California Governor Gavin Newsom approved Assembly Bill 481, requiring law enforcement agencies to obtain approval from the applicable governing body (Mayor and City Council), by adoption of a military equipment use policy. The Gilroy Police Department is required to seek City Council approval of their Military Equipment Use Policy at a regular open meeting prior to taking certain actions relating to the funding, acquisition, and use of military equipment. Assembly Bill 481 allows the governing body to approve the funding, acquisition, and use of military equipment within its jurisdiction, only if it determines that the military equipment meets specified standards. The Military Equipment Use Policy is subject to City Council review to determine whether the standards set forth in Assembly Bill 481 have been met, based upon an Annual Military Equipment Use Report. Finally, Assembly Bill 481 requires publication of the Military Equipment Use Policy and the Annual Military Equipment Use Report on the Department’s website. Assembly Bill 481 California Government Code section 7072 states the following: (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment: (1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. 7.7 p. 63 of 379 5 Annual Military Equipment Use Report 2022 (b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well- publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. In addition to maintaining the highest levels of public safety, the Gilroy Police Department is committed to transparency, public trust, community partnerships, and compliance with the law. As such, the Department has authored the following Annual Military Equipment Use Report in accordance with annual reporting requirements set forth in California Government Code section 7072. 7.7 p. 64 of 379 6 Annual Military Equipment Use Report 2022 Introduction The Gilroy Police Department 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. To accomplish our mission effectively and safely, the Gilroy Police Department possesses and utilizes certain specialized equipment (Military equipment) to safeguard the citizens of Gilroy and protect our first responders. While our inventory of military equipment varies, the mere possession of this equipment does not warrant its use. The merits and the totality of the circumstances of each unique incident are considered before military equipment is utilized in compliance with department policy and law. The term "military equipment," as used in Assembly Bill 481, does not necessarily indicate the equipment is or has been used by the military. Many items defined as "military equipment" by the bill are often used by law enforcement to preserve life and enhance public and officer safety while remaining prepared to handle the various lethal and non-lethal challenges facing our communities. The Gilroy Police Department's use of military equipment is consistent with overall best practices employed by police departments nationwide. Apparatus used by the Gilroy Police Department that are considered military equipment under Assembly Bill 481 include but are not limited to, emergency response equipment such as command vehicles and armored rescue vehicles, less-lethal shotguns, less-lethal 40mm projectile launchers, precision weapons such as rifles, unmanned aircraft systems, and other select items. The continued access to and use of this equipment is vital in ensuring our officers have the appropriate tools to de-escalate situations, preserve life, ensure safety for all people, and protect civil liberties. The Gilroy Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution, in a safe manner. The use of military equipment is restricted to certain instances and in some cases only by certain units. The use of the Department’s military equipment is continuously evaluated and the use of such equipment by department personnel is influenced by the totality of the circumstances, public safety, officer safety, civil rights, State law, and information available at the time of use. It is incumbent upon incident commanders, supervisors, individual officers, and specific units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers, and to bring a critical incident to a safe resolution. This Annual Military Equipment Use Report outlines a summary of military equipment usage guidelines, inventory, fiscal impact, complaints, and reported concerns from January 1, 2022, through December 31, 2022. 7.7 p. 65 of 379 7 Annual Military Equipment Use Report 2022 Definitions Pursuant to California Assembly Bill 481, the following definitions are applicable only to the Gilroy Police Department’s current military equipment inventory and potential military equipment acquisitions for operational needs. For a more detailed list of “military equipment” definitions, refer to California Government Code sections 7070(c)(1) through (16). “Governing body” means the Gilroy City Council and Mayor. “Military equipment” means any wide variety of items as defined by California Government Code section 7070, subsections (c)(1) through (c)(16) to include: 1.Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment to control it remotely. 2.Robots: A remotely controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers. 3.Armored Vehicles: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes. 4.NIJ Level IV Armored Caterpillar (CAT) Multi-Terrain Loader (The ROOK): The ROOK is a custom “armored critical incident vehicle” built on the chassis of a CAT Bulldozer, manufactured by Ring Power. 5.Mobile Command Vehicle (MCV): A vehicle used as a mobile office that provides shelter, access to Department computer systems, and restroom facilities during extended events. 6.Hostage Negotiation Team (HNT) Van: A vehicle used as a mobile office that provides shelter, access to Department computer systems, and restroom facilities on extended events. 7.Long Range Acoustic Device (LRAD): A high intensity directional acoustic array for long- range, crystal-clear hailing and notification. The LRAD is only authorized for use as a communication device. 8.40mm Launchers and Munitions: 40mm Launchers are utilized by department personnel as a less lethal tool to launch impact rounds. 9.Less Lethal Shotguns and Munitions: A shotgun used to deploy the less lethal shotgun munitions. 10.Combined Systems LC5 Launching Cup: A cup that attaches to a less lethal shotgun allowing officers to launch canisters of chemical agent or smoke canisters. 7.7 p. 66 of 379 8 Annual Military Equipment Use Report 2022 11.Diversionary Devices: A device used to distract dangerous persons. 12.Rifles: Guns that are fired from shoulder level, having a longer, grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. 13.Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed. 14.Explosive Breaching Tools: Equipment used to provide an explosive charge to safely gain entry into structures during high-risk operations. 15.PepperBall Launchers and Projectiles: A device that discharges PAVA powder projectiles. 16.“Military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. “Military Equipment Use Policy” refers to Gilroy Police Department Policy Manual Section 708 and means a publicly released, written document governing the use of military equipment by the Department that addresses, at a minimum, all of the following: 1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. 2. The purposes and authorized uses for which the Department proposes to use each type of military equipment. 3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. 4. The legal and procedural rules that govern each authorized use. 5. The training, including any course required by the Commission on Peace Officer Standards and Training (POST), that must be completed before any sworn member is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment Use Policy. 6. The mechanisms to ensure compliance with the Military Equipment Use Policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. 7.7 p. 67 of 379 9 Annual Military Equipment Use Report 2022 7. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the Department will ensure that each complaint, concern, or question receives a response in a timely manner. 7.7 p. 68 of 379 10 Annual Military Equipment Use Report 2022 Summary of Military Equipment Usages The City of Gilroy provides law enforcement services twenty-four hours a day, seven days a week, serving a city population of over 55,500. The Department is committed to de- escalating situations, and the us of force is reserved for instances where less intrusive options are not feasible. In 2022, the Gilroy Police Department responded to approximately 42,248 calls for service. Of those calls for service, officers used force on only seventeen 17 occasions, representing 0.0004% of the total calls for service. Of the force options utilized, military equipment in the form of projectiles and/or chemical irritants were only used during eight (8) of those contacts. These statistics illustrate the relatively few instances (less than 0.0002%) of force used by Gilroy police officers in relation to overall contacts. Moreover, force used involving the use of military equipment is an even smaller subset of the overall force used during this time span. While the Gilroy Police Department’s inventory of military equipment is varied, the mere possession of the equipment does not warrant its use for every incident. The Gilroy Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. The use of military equipment is restricted for use only in certain instances and in some cases only by certain units. This section outlines the military equipment usage from January 1, 2022, to December 31, 2022. Certain items of military equipment, particularly consumables (ammunition, diversionary devices, pepper balls, chemical agents, etc.) are used throughout the year on a regular basis for training to maintain proficiency. Training usage is not captured in this section. This section only provides data for the operational use of military equipment listed within this Annual Military Equipment Use Report. Outreach and Community Engagement The Gilroy Police Department is committed to improving the trust and confidence between the Department and the community it serves. As the Department strives to enhance community relationships and continues to be a progressive leader amongst law enforcement agencies nationwide, we want to ensure the public has access to the way its Police Department operates and engages with the public. The Gilroy Police Department regularly utilizes select military equipment, including UAS, Armored Rescue Vehicles, the Mobile Incident Command and Crisis Negotiation Team Vehicles, during outreach and community events, as a means of public awareness, transparency and education. Military equipment may also be displayed during community events as a means of providing a safe environment for the public to enjoy all of the great amenities the City of Gilroy has to offer. 7.7 p. 69 of 379 11 Annual Military Equipment Use Report 2022 The following is the data for Military Equipment Use by category from January 1, 2022, through December 31, 2022: Unmanned Aircraft Systems (UAS) Unmanned Aircraft Systems were utilized a total of seventy-four (74) times. Authorized usages: •Collection of evidence in the form of aerial photography/video in support of an investigation (i.e., shooting scenes, homicide scenes). •Support of SWAT and Patrol during high risk, tactical or other public safety life- preservation missions (i.e., interior visual assessments of structures or outdoor areas to gain intelligence prior to officers entering a dwelling or contacting a potentially armed, or resistive subject that may be hiding). •Delivery of items (i.e., HNT phone) during critical incidents to engage in de- escalation and/or crisis intervention techniques to resolve incidents peacefully. •Conduct aerial searches for missing persons. •Provide aerial observation to assist in managing natural disasters (i.e., fires, floods, storms). Unauthorized usages: •There have been zero (0) reported violations of the military equipment use policy. Robots Robots were utilized a total of seven (7) time. Authorized usages: •Support of SWAT and Patrol during high risk, tactical, or other public safety life preservation missions to include: •Opening doors to clear buildings for public safety and life preservation missions. •Provide interior visual assessments of structures or outdoor areas to gain intelligence prior to officers entering a dwelling or contacting a potentially armed, or resistive subject that may be hiding). •Delivery of items (i.e., HNT phone) during critical incidents to engage in de- escalation and/or crisis intervention techniques in attempt to resolve incidents peacefully. Unauthorized usages: •There have been zero (0) reported violations of the military equipment use policy. Armored Vehicle The BearCat was utilized a total of eight (8) times. 7.7 p. 70 of 379 12 Annual Military Equipment Use Report 2022 Authorized usages: •Support of SWAT and Patrol during critical incidents by providing greater safety to community members and officers beyond the protection level of a shield and/or personal body armor. •Community engagement events offer transparency and allow the community to garner a better understanding of what equipment we have and how it is used. Unauthorized usages: •There have been zero (0) reported violations of the military equipment use policy. Mobile Command Vehicle (MCV) The Mobile Command Vehicle was utilized ten (10) times. Authorized usages: •Utilized as command post for critical incidents during complex events. •Natural disasters (i.e., mutual aid for large scale fires or flooding). •Other large-scale events to provide high visibility and public safety. Unauthorized usages: •There have been zero (0) reported violations of the military equipment use policy. Hostage Negotiation Team (HNT) Van The Hostage Negotiation Team Van were utilized five (5) times. Authorized usages: •Utilized as a mobile office for critical incidents during complex events. •Provide shelter and access point for computer systems for negotiation team members. Unauthorized usages: •There have been zero (0) reported violations of the military equipment use policy. 40mm Launchers and Munitions The 40mm Launcher was utilized during two (2) calls for service. •40mm Impact related rounds – utilized during two (2) calls for service •40mm OC related rounds – utilized during zero (0) calls for service •40mm related CS related rounds – utilized during zero (0) calls for service •40mm pyrotechnic related rounds - utilized during zero (0) calls for service •40mm warning/signaling related rounds – utilized during zero (0) calls for service Authorized usages: 7.7 p. 71 of 379 13 Annual Military Equipment Use Report 2022 •Safely address an individual who displays self-destructive, dangerous, or combative behavior. •Safely address an armed, or potentially armed, or violent individual. •During riot/crowd control and civil unrest incidents where the use of the 40mm is considered objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including any peace officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control (in compliance with Assembly Bill 48). •Circumstances to gain a tactical advantage during critical incidents or high-risk entries where public safety and/or officer safety is at risk. (i.e., breaking out a vehicle window to get an unobstructed view of an armed barricaded individual). •Potentially vicious animal (i.e., an aggressive animal trying to harm member(s) of the community or an officer). Unauthorized usages: •There have been zero (0) reported violations of the military equipment use policy. Combined Tactical Systems LC5 Launching Cup The Combined Tactical Systems LC5 Launching Cup was utilized one (1) time. Authorized usages are covered under Chemical Agents and Smoke Canister. Unauthorized usages: •There have been zero (0) reported violations of the military equipment use policy. Less Lethal Shotguns and Munitions Less Lethal Shotguns were utilized during four (4) calls for service. Authorized usages: •Safely address an individual who displays self-destructive, dangerous, or combative behavior. •Safely address an armed, or potentially armed, or violent individual. •During riot/crowd control and civil unrest incidents where the use of the beanbag shotgun is considered objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including any peace officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control (in compliance with Assembly Bill 48). •Circumstances where a tactical advantage can be obtained (i.e., making high risk entries to include disabling surveillance cameras). •Potentially vicious animal (i.e., an aggressive animal trying to harm member(s) of the community or an officer) Unauthorized usages: 7.7 p. 72 of 379 14 Annual Military Equipment Use Report 2022 •There have been zero (0) reported violations of the military equipment use policy. Rifles and Munitions Rifles were utilized zero (0) times. Authorized usages: •In accordance with California Penal Code section 835a and GPD Policy Manual Section 300 (Use of Force) Unauthorized usages: •There have been zero (0) reported violations of the military equipment use policy. Diversionary Devices Diversionary Devices were utilized a total of eight (8) times. Authorized usages: •Support SWAT during call outs and high-risk warrant services •Distract dangerous suspects during assaults •Hostage rescue incidents •High-risk room entries Unauthorized usages: •There have been zero (0) reported violations of the military equipment use policy. Chemical Agents and Smoke Canisters Chemical Agents and Smoke Canisters were utilized one (1) times. •CS Canister/Grenade – utilized one (1) times •OC Canister/Grenade - utilized zero (0) times •Smoke Canister/Grenade - utilized zero (0) times •OC Fogger - utilized zero (0) times •OC Stream - utilized zero (0) times Authorized usages: •Safely address an individual who displays self-destructive, dangerous, or combative behavior. •During riot/crowd control and civil unrest incidents where the use of chemical agents is considered objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including any peace officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control (in compliance with Assembly Bill 48). 7.7 p. 73 of 379 15 Annual Military Equipment Use Report 2022 •Circumstances to gain a tactical advantage during critical incidents or high-risk entries where public safety and/or officer safety is at risk. •Potentially vicious animal (i.e., an aggressive animal trying to harm member(s) of the community or an officer). Unauthorized usages: •There have been zero (0) reported violations of the military equipment use policy. PepperBall Launchers and Projectiles PepperBall Launchers were utilized during one (1) calls for service. Authorized usage: •Safely address an individual who displays self-destructive, dangerous, or combative behavior. •Safely address an armed, or potentially armed, or violent individual. •During riot/crowd control and civil unrest incidents where the use of the 40mm is considered objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including any peace officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control (in compliance with Assembly Bill 48). •Circumstances to gain a tactical advantage during critical incidents or high-risk entries where public safety and/or officer safety is at risk (i.e., deploying into a structure/vehicle where a barricaded subject is, with the result being a peaceful surrender). •Potentially vicious animal (i.e., an aggressive animal trying to harm member(s) of the community or an officer). Unauthorized usages: •There have been zero (0) reported violations of the military equipment use policy. 7.7 p. 74 of 379 16 Annual Military Equipment Use Report 2022 Inventory by Equipment Type January 1, 2022, through December 31, 2022 Note: The inventory of certain items of consumable military equipment (i.e. ammunition, diversionary devices, chemical agents, etc.) frequently fluctuates throughout the year due to operational usage, training usage, operational wear, and/or manufacturer recommended replacement guidelines. While the Gilroy Police Department strives to provide accuracy in its inventory reporting, this report reflects approximations of certain consumable items of military equipment during the time period listed above. Unmanned Aircraft System (UAS) Equipment Name and Model / Manufacturer Quantity Matrice 210 / DJI 1 Mavic 2 Enterprise / DJI 1 Mavic Mini 2 / DJI 2 Robots Equipment Name and Model / Manufacturer Quantity Avatar Tactical Robot / Robotex 1 Vantage Patrol Robot / Transcend 1 Throwbot 2 / Recon Robotics 1 Armored Vehicles Equipment Name and Model / Manufacturer Quantity Bearcat G2 / Lenco 1 Mobile Command Vehicle (MCV) Equipment Name and Model / Manufacturer Quantity M2, Custom Built / Freightliner 1 Hostage Negotiation Team (HNT) Van Equipment Name and Model / Manufacturer Quantity Communication Van, Custom Built / Kodiak 1 40mm Launchers and Munitions 7.7 p. 75 of 379 17 Annual Military Equipment Use Report 2022 Equipment Name and Model / Manufacturer Quantity 40mm Launchers 40mm Single Shot Launcher #1425 / Defense Technology 7 40mm Tactical 4-Shot Launcher #1440 / Defense Technology 1 40mm Munitions 40mm Exact Impact Sponge Round #6325 / Defense Technology 50 rounds Less Lethal Shotguns and Munitions Equipment Name and Model / Manufacturer Quantity Less Lethal Shotgun Model 590, 12-Gauge Shotgun / Mossberg 4 Less Lethal Munitions 12-Gauge Super-Sock Beanbag Round / Combined Systems, Inc.150 rounds Combined Systems LC5 Launching Cup Equipment Name and Model / Manufacturer Quantity LC5 Launching Cup / Combined Systems, Inc.2 Diversionary Devices Equipment Name and Model / Manufacturer Quantity 7290 Flash-Bang / Combined Systems, Inc.2 7290M Mini Flash-Bang / Combined Systems, Inc.32 Rifles and Munitions Equipment Name and Model / Manufacturer Quantity Rifles M4 Commando / Colt 10 M4 Carbine / Colt 5 700 / Remington 3 M16A1 / Colt 16 M14 / Springfield 1 Chemical Agents and Smoke Canisters 7.7 p. 76 of 379 18 Annual Military Equipment Use Report 2022 Equipment Name and Model / Manufacturer Quantity Maximum HC Smoke Large-Style Canister, #1073 / Defense Technology 5 canisters White Smoke Tactical Canister Grenade, #8210 / Combined Tactical Systems 2 canisters Riot CS Smoke Grenade, #8230 / Combined Tactical Systems 11 canisters Baffled Riot CS Smoke Grenade, #5230B / Combined Tactical Systems 1 canister 37mm Single Shot Launcher #SL1-37 / Penn Arms 6 37mm Rifled Barricade Penetrating, #BP50C / Sage Control Ordinance 28 canisters 37mm Rifles Barricade Penetrating, #BP5CS / Sage Control Ordinance 28 canisters 37mm Impact/Chemical, #K03OC / Sage Control Ordinance 25 canisters PepperBall Launchers and Projectiles Equipment Name and Model / Manufacturer Quantity FTC Launcher / PepperBall 6 Live Projectile / PepperBall 1000 projectiles Inert Projectile / PepperBall 1000 projectiles 7.7 p. 77 of 379 19 Annual Military Equipment Use Report 2022 Fiscal Impact January 1, 2022 – December 31, 2022 Currently the Gilroy Police Department maintains a workforce comprised of over 68 full- time equivalent (FTE) sworn peace officer positions and 40 FTE professional staff positions. The department’s adopted budget for FY 2022 was approximately $23,614,706, 86% of which is allocated for personnel expenses. The portion of the budget allocated for military equipment expenditures represents only a small fraction of the Department’s operating costs. However, the funds spent on military equipment are an integral part of providing the essential resources and material needed to keep the community and officers safe. The significance and enhanced capability that the current military equipment inventory provides is immense and cannot be understated from a public safety perspective. The following table summarizes equipment-related expenditures for the calendar year 2022 and the projection of expenses for the calendar year 2023. Equipment expenditures include the acquisition of new equipment, the replacement of damaged equipment, and the ongoing maintenance of the controlled equipment. Military Equipment Expenditures by Category and Year Category 2022 Annual Cost/Maintenance (approximate) 2023 Projected Annual Cost/Maintenance (approximate) Unmanned Aircraft System (UAS) Maintenance $5,000 $18,250 Robot Maintenance $1,000 $1,000 Armored Vehicle Maintenance $10,000 $360,500 Mobile Command Vehicle (MCV)$12,500 $12,500 Hostage Negotiation Team (CNT) Van $600 $600 40mm Launchers and Munitions $175 $1,850 Less Lethal Shotgun and Munitions Maintenance $2,162 $250 Combined Systems LC5 Launching Cup $275 $0 Diversionary Devices $268 $0 Rifles and Munitions Maintenance $450 $450 Chemical Agent and Smoke Canisters $2,301 $450 7.7 p. 78 of 379 20 Annual Military Equipment Use Report 2022 PepperBall Launchers and Projectiles Maintenance $150 $150 TOTAL $34,881 $396,000 7.7 p. 79 of 379 21 Annual Military Equipment Use Report 2022 JANUARY 1, 2023- DECEMBER 31, 2023 CONSUMABLE MILITARY EQUIPMENT ACQUISITIONS Projected consumable military equipment acquisitions are anticipated to be consistent with current replenishment schedules and quantities for consumables. A variety of commercial factors (i.e. supply and demand, inflation, supply chain issues etc.) may influence the fiscal impact of future military equipment acquisitions and ongoing military equipment consumables can vary according to inventory levels that fluctuate as a result of training, operational usage, or manufacturer recommended replacement guidelines. Categories of consumable military equipment are listed below: •Chemical Agent and Smoke Canisters •Specialty Munitions (40mm Munitions and Less Lethal Munitions) •Diversionary Devices •PepperBall Projectiles Funding for the majority of the consumable military equipment is anticipated to be sourced from the existing police budget. NON-CONSUMABLE MILITARY EQUIPMENT ACQUISITIONS Projected non-consumable military acquisitions are anticipated to be limited at this time. Any unanticipated replacements of existing non-consumable military equipment will be initiated on a case-by-case basis that is dependent on operational need, operational wear, or end of serviceable lifespan and will be consistent with the Council-approved policy for acquisitions of military equipment. Categories of non-consumable military equipment are listed below: •Unmanned Aircraft System (UAS) •Robots •Armored Vehicle •Mobile Command Vehicle (MCV) •Hostage Negotiation Team (HNT) Van •40mm Launchers •37mm Launchers •Less Lethal Shotguns •Combined Systems LC5 Launching Cup •Rifles •PepperBall Launchers 7.7 p. 80 of 379 22 Annual Military Equipment Use Report 2022 Projected Acquisitions The Department has the following projected acquisitions of non-consumable military equipment: The Department is requesting acquisition of one (1) Lenco BearCat, NIJ Level IV, Armored Rescue Vehicle. The acquisitions of this Armored Vehicle will come from two (2) funding sources, the Police Department’s Asset Forfeiture Account and Fiscal Year 2022/23 Salary Savings. The Unmanned Aircraft System (UAS) Team has projected acquisitions of one (1) Matrice 30T. The acquisition of this Unmanned Aircraft Systems will come from the Patrol Operations budget. The remainder of non-consumable military equipment will consist of ongoing maintenance costs. Funding for the majority of non-consumable military equipment is anticipated to be sourced from the existing police budget. 7.7 p. 81 of 379 23 Annual Military Equipment Use Report 2022 Department Transparency Community Complaints/Concerns/Comments In some instances, the application and use of military equipment may cause questions and/or concerns for members of the community. It is vitally important that the Department address questions from community members regarding the application and use of military equipment. The Gilroy Police Department is committed to full and fair investigations of community member complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of community complaints. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistently high level of integrity and efficiency maintained by the Gilroy Police Department. The following is a summary of formal investigations, including officer-involved shootings and the use of military equipment, as investigated by the Gilroy Police Department’s Internal Affairs Division from January 1, 2022, through December 31, 2022. Complaints or Concerns: There were zero (0) complaints or concerns related to the use of military equipment. Officer-Involved Shootings (OIS): There were zero (0) OIS incidents that occurred involving the use of military equipment. Response to Procedure Violations California Assembly Bill 481, enacted California Government Code section 7072(a)(3), requires local law enforcement agencies to provide information regarding military equipment use procedure violations and responses to those violations. In accordance with the new law, the Gilroy Police Department has actively tracked this information. There were zero (0) reported violations of the military equipment use policy. 7.7 p. 82 of 379 24 Annual Military Equipment Use Report 2022 Internal Audits California Assembly Bill 481, requires local law enforcement agencies to include the results of any internal audits or inspections conducted and any responsive actions in its annual military equipment use report. When an audit is conducted, inspectors shall refer to the department’s military equipment use policy for established guidelines regarding funding, acquisition, or use of military equipment. The duty of auditing the Gilroy Police Department’s military equipment use has been assigned to the Operations Commander. The Operations Commander has developed a tracking and auditing process to ensure compliance, consistency, accountability, and transparency as outlined in GPD Policy Manual Section 708 (Military Equipment Use). Internal Audit Results The Operations Commander conducted an annual audit related to department approved military equipment use from March 1, 2023, through March 31, 2023. The detail and results of each audit are listed below: AUDIT – The Operations Commander completed an audit of department military equipment. The scope of the audit included inspecting equipment type, quantity, verification of serial numbers, and any noted discrepancies compared to the approved GPD Military Equipment Use policy. The methodology of the audit included onsite inspections and statistical sampling, which is supported by generally accepted government auditing standards. FINDINGS – During the course of the Military Equipment Use Audit, the Operations Commander did not find any complaints related to the department’s military equipment use policy. All military equipment was collected, inventoried, and identified, giving the department a 100% compliance rate. 7.7 p. 83 of 379 25 Annual Military Equipment Use Report 2022 Summary of Military Equipment The inventory of military equipment, particularly consumable material (diversionary devices, various munitions, chemical agent and smoke canisters, etc.) fluctuates regularly. Fluctuation is based on a variety of factors, including but not limited to operational usage, operational deterioration, training, maintenance, and expiration and replenishment guidelines. The Gilory Police Department is committed to transparency in disclosing its military equipment inventory and related information to our community and elected officials in compliance with the law. The following are the various types, descriptions, and guidelines for usage of military equipment currently employed by the Gilroy Police Department. (NOTE: The manufacturer descriptions and source photos contained within are referenced via publicly accessible website source citations. The website source citations utilized in this report are for equipment descriptive purposes only and are not an endorsement of a particular product or vendor by The City of Gilroy or The Gilroy Police Department. Additionally, the language used by the manufacturer to describe such equipment use is included in this report as required by California Government Code section 7070(d)(1), however, the descriptions may not align with the actual methods of use in accordance with Gilroy Police Department Policy, as well as local, state, and federal law.) 7.7 p. 84 of 379 26 Annual Military Equipment Use Report 2022 Unmanned Aircraft Systems (UAS) Unmanned Aircraft Systems (UAS): An unmanned aircraft system of any type that can sustain direct flight, whether remotely controlled or via pre-programing, and all the attached systems designed for gathering information via photography, recording, or any other means. Capability: The Gilroy Police Department uses Unmanned Aircraft Systems (UAS) of varying sizes and capabilities to enhance public safety. The UAS can be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to major collision investigations, search for missing persons, natural disaster management, crime scene photography, SWAT, tactical or other public safety and life- preservation missions, and in response to specific requests from local, state, or federal fire authorities for fire response and/or prevention. The UAS are used in compliance with all federal, state, and local laws. Usage: It is the policy of the Gilroy Police Department to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to state and federal law. Additionally, only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions. Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in GPD Policy Manual Section 706 (Vehicle Use), FAA Regulation 14 CFR Part 107 Small Unmanned Aircraft Systems, and Penal Code section 13652, initiated by California Assembly Bill 48. More information about the rules for public safety agencies can be found on the FAA website at https://www.faa.gov/uas/public_safety_gov/. The use of UAS is governed by federal, state and local laws and regulations. The Federal Aviation Admiration (FAA) governs all aircraft rules and regulations, including those applicable to UAS, for flight within the US National Airspace. Training Requirements: All department UAS operators are licensed by the Federal Aviation Administration for UAS operation and each UAS operator must attend regular department trainings. 7.7 p. 85 of 379 27 Annual Military Equipment Use Report 2022 The Department currently possesses the following Unmanned Aircraft Systems: DJI Matrice 210 QUANTITY 1 LIFESPAN 3-5 years INITIAL COST $35,000/unit Manufacturer: DJI Manufacturer Description: Designed to empower a new generation of workers, the Matrice 210 is the ultimate expression of a tool that delivers beyond expectation to meet current workplace challenges and future demands. The DJI Matrice 210 features; visible & thermal imagery, an integrated radiometric FLIR thermal sensor, adjustable parameters for emissivity & reflective surfaces, and multiple display modes (FLIR MSX, Infrared & Visibility). This is a remotely operated battery-powered aircraft designed to be operated within sight of the operator or a spotter. Each aircraft is equipped with a camera capable of relaying a real-time image back to the operator. (Description Source: https://www.dji.com/matrice-200-series) DJI Mavic 2 Enterprise QUANTITY 1 LIFESPAN 3-5 years INITIAL COST $5,000/unit Manufacturer: DJI Manufacturer Description: Designed to empower a new generation of workers, the Mavic 2 Enterprise is the ultimate expression of a tool that delivers beyond expectation to meet current workplace challenges and future demands. The DJI Mavic 2 Enterprise Dual features; visible & thermal imagery, integrated radiometric FLIR thermal sensor, adjustable parameters for 7.7 p. 86 of 379 28 Annual Military Equipment Use Report 2022 emissivity & reflective surfaces, and multiple display modes (FLIR MSX, Infrared & Visibility). This is a remotely operated battery-powered aircraft designed to be operated within sight of the operator or a spotter. Each aircraft is equipped with a camera capable of relaying a real-time image back to the operator. (Description source: https://www.dji.com/mavic-2-enterprise) DJI Mavic Mini 2 QUANTITY 2 LIFESPAN 3-5 years INITIAL COST $500/unit Manufacturer: DJI Manufacturer Description: This is a remotely operated battery-powered aircraft designed to be operated within sight of the operator or a spotter. Each aircraft is equipped with a camera capable of relaying a real-time image back to the operator. (Description Source: https://www.dji.com/mini-2) 7.7 p. 87 of 379 29 Annual Military Equipment Use Report 2022 Robots Robots: A machine that operates on the ground capable of being controlled remotely as well as all the supporting or attached systems designed for gathering information through photographs, recordings, or other means. Capability: Robots can be used to provide protection from suspected and known explosive hazards. They are also used in tactical support of special operations and can be used to gain visual/audio data, deliver a Hostage Negotiation Team phone, open doors, and clear buildings. Usage: It is the policy of the Gilroy Police Department to utilize Robots only for official law enforcement purposes, and in a manner that respects the privacy of our community. Additionally, only assigned operators who have completed the required training shall be permitted to operate any Robots. Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in GPD Policy Manual Section 706 (Vehicle Use). It is the policy of the Gilroy Police Department to utilize a robot only for official law enforcement purposes pursuant to state and federal law, including the provisions of Penal Code section 13652, initiated by California Assembly Bill 48. Training Requirements: Robot operators shall receive department training in the safe handling of the robots and show competence in the operation of the equipment. 7.7 p. 88 of 379 30 Annual Military Equipment Use Report 2022 The Department currently possesses the following Robots: Robotex Avatar Tactical Robot QUANTITY 1 LIFESPAN 8-10 years INITIAL COST $25,000/unit Manufacturer: Robotex Manufacturer Description: The AVATAR enhances the capabilities of SWAT and tactical response teams by allowing them to quickly and safely inspect dangerous situations, there is no longer a need to send personnel in before you’ve had a chance to assess the situation. The AVATAR Robots are regarded by tactical teams as a standard operational tool, like a firearm, vehicle, or piece of body armor. (Description source: https://www.acornpd.com/robotex-avatar-tactical-robot) Transcend Vantage Patrol Robot QUANTITY 1 LIFESPAN 8-10 years INITIAL COST $25,000/unit Manufacturer: Transcend Manufacturer Description: Transcend’s Vantage robot is the first technological breakthrough in law enforcement robotics in the last 30 years. Its double patented automatic stair and obstacle mobility technology has given officers an unprecedented tool for successful mobile reconnaissance. It’s ability to deploy hot gas in a safe and fully contained enclosure has been a game changer for many situations, especially barricaded subjects. The Vantage can be used by anyone without prior training to climb stairs, overcome clothes and random obstacles. Its 7.7 p. 89 of 379 31 Annual Military Equipment Use Report 2022 communication signals can penetrate a vast array of wall materials at distance and it’s designed to be affordable for years to come. (Description source: https://www.transcendrobotics.com/vantage) Recon Robotics Throwbot 2 QUANTITY 1 LIFESPAN 8-10 years INITIAL COST $8,500/unit Manufacturer: Recon Robotics Manufacturer Description: The Throwbot® 2 (TB2) robot is a throwable micro-robot platform that enables operators to obtain instantaneous video and audio reconnaissance within indoor or outdoor environments. Designed to withstand repeated drops of up to 30 feet (9 m) onto concrete, the Throwbot® 2 robot can be thrown into hazardous situations in order to allow operators to quickly make informed decisions when seconds count. This micro-robot is designed to be able to crawl over a variety of terrain, clearing obstacles up to 2″ (5 cm) tall. Conversion kits are available which can increase the ability of the Throwbot® 2 robot to cross obstacles up to 4″ (10 cm) tall or to carry and tow a combined 4 lbs (1.8 kg) of payloads using integrated mount points or a Picatinny Rail accessory. (Description source: https://reconrobotics.com/products/throwbot-2-robot/) 7.7 p. 90 of 379 32 Annual Military Equipment Use Report 2022 Armored Vehicles Armored Vehicle: Commercially-produced, wheeled, armored personnel vehicle utilized for law enforcement purposes. Capability: Armored vehicles are utilized in response to critical incidents to enhance officer and community safety, improve scene contamination and stabilization, and assist in resolving critical incidents. Usage: The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall only be used by officers trained in their deployment and in a manner consistent with Department policy and training. Legal Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in GPD Policy Manual Section 706 (Vehicle Use). It is the policy of the Gilroy Police Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to state and federal law. Training Requirements: All drivers/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction. 7.7 p. 91 of 379 33 Annual Military Equipment Use Report 2022 The Department currently possesses the following Armored Vehicles: Lenco BearCat G2 QUANTITY 1 LIFESPAN 25 years INITIAL COST $309,874.46/unit Manufacturer: Lenco Manufacturer Description: The Lenco BearCat G2 is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. The G2 has excellent on- road driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10 – 12 fully equipped officers with a long list of tactical features only found on the Lenco BearCat line of armored SWAT vehicles for Police and Government. (Description Source: https://www.lencoarmor.com/model/bearcat-g2-police-government/) 7.7 p. 92 of 379 34 Annual Military Equipment Use Report 2022 Mobile Command Vehicle (MCV) Mobile Incident Command Vehicle: A completely self-contained command post designed to provide shelter, access to department computers, and restroom facilities for extended events. This vehicle can also be used to facilitate mobile booking for incidents that may involve mass arrests, and other uses include pre-planned or significant events, which require on-site planning and incident command personnel. Capability: As a mobile base of operation, this vehicle contains specialized command, control, and communications equipment which can be used during critical incidents, large events, natural disasters, and community events. Usage: The MCV is to be utilized for planned or unplanned events. Only officers trained in the deployment and operations of the MCV, in a manner consistent with Department policy and training, are authorized to operate it. Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in GPD Policy Manual Section 706 (Vehicle Use). It is the policy of the Gilroy Police Department to use the MCV only for official law enforcement purposes, and in accordance with California state law regarding the operation of motor vehicles. Training Requirements: The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle throughout the city with an experienced driver. 7.7 p. 93 of 379 35 Annual Military Equipment Use Report 2022 The Department currently possesses the following Mobile Command Vehicles: Mobile Command Vehicle (MCV) QUANTITY 1 LIFESPAN 20 years (Chassis) 6 years (IT System) INITIAL COST $699,186/unit Manufacturer: Freightliner Manufacturer Description: The MCV is a Freightliner MT-55 custom built by LDV Inc. It is a fully functioning Mobile Public Safety Answering Point (PSAP) and is a backup to our existing Dispatch Center. The MCV is a shared asset used by the Morgan Hill Police Department and the Gilroy Police Department during critical incidents, pre-planned large events, searching for missing persons, natural disasters, and community events. (Description Source: https://www.ldvusa.com/category/emergency-response-vehicles/ldv- mobile-command-center/) 7.7 p. 94 of 379 36 Annual Military Equipment Use Report 2022 Hostage Negotiation Team (HNT) Van Hostage Negotiation Team Vehicle: A completely self-contained command post designed to provide shelter, access to Department computers, and a mobile office for extended events. Capability: As a mobile base of operation, this vehicle contains specialized command and communications equipment which can be used during critical incident callouts where SWAT/HNT have been called. Usage: The HNT van may be used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver’s license. Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in GPD Policy Manual Section 706 (Vehicle Use) and shall be in accordance with California state law regarding the operation of motor vehicles. Training Requirements: The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle throughout the city with an experienced driver. 7.7 p. 95 of 379 37 Annual Military Equipment Use Report 2022 The Department currently possesses the following Hostage Negotiation Team Van: Hostage Negotiation Team (HNT) Van QUANTITY 1 LIFESPAN 20 years INITIAL COST No Cost/unit Manufacturer: Kodiak Manufacturer Description: The HNT Van was custom-built for the State of California in 1991 from a Kodiak Communication Van and transferred to GPD in 2013. (Description Source unavailable due to customization) 7.7 p. 96 of 379 38 Annual Military Equipment Use Report 2022 40mm Launchers and Munitions 40mm Launchers: A single-shot or multi-shot impact weapon launcher capable of firing an array of 40mm rounds. Capability: 40mm launchers can fire a variety of ammunition with a maximum effective range of one hundred thirty-one feet (131 feet). Usage: The use of the 40mm may be deployed to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. The range of the weapon system helps to maintain space between officers and a suspect and reduce the immediacy of the threat, which is the principle of de-escalation. This system has additional uses which include but are not limited to self-destructive, dangerous, and/or combative individuals, riot/crowd control and in civil unrest incidents, circumstances where a tactical advantage can be obtained, against potentially-vicious animals, and in training exercises or displayed during community events. Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in GPD Policy Manual Section 308 (Use of Force). It is the policy of the Gilroy Police Department to utilize 40mm munitions only for official law enforcement purposes, and pursuant to state and federal law. Training Requirements: Sworn members utilizing 40mm less lethal chemical agent or impact rounds are trained in their use by P.O.S.T.-certified less lethal and chemical agent instructors. 7.7 p. 97 of 379 39 Annual Military Equipment Use Report 2022 The Department currently possesses the following 40mm launchers: Defense Technology 40mm Single Shot Launcher #1425 QUANTITY 7 LIFESPAN 25 years INITIAL COST $1,000/unit Manufacturer: Defense Technology Manufacturer Description: Manufactured exclusively for Defense Technology®, the 1425 40LMTS is a tactical single shot launcher that features the Rogers Super Stoc™ expandable gun stock and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single- and two-point sling attachment. Users have the option of customizing the 40LMTS with an array of enhanced optics and sighting systems through the launcher’s Picatinny rail mounting system. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4.8” in cartridge length, but it is NOT designed to fire 40mm high velocity HE ammunition. (Description Source: https://www.defense-technology.com/wp- content/uploads/2020/06/DT_40MM_Single_Launcher_Sell_Sheet.pdf) Defense Technology 40mm Tactical 4-Shot Launcher, #1440 QUANTITY 1 LIFESPAN 25 years INITIAL COST $1,975/unit Manufacturer: Defense Technology 7.7 p. 98 of 379 40 Annual Military Equipment Use Report 2022 Manufacturer Description: The Defense Technology® #1440 is a Tactical 40mm 4-Shot Launcher that features an expandable ROGERS Super Stoc™ and an adjustable Picatinny mounted front grip. The Tactical 4-Shot will fire standard 40mm Less Lethal ammunition, up to 4.8 inches in cartridge length. Lightweight and tactical, this weapon is NOT designed to fire 40mm High Velocity HE ammunition. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems. (Description Source: https://www.defense-technology.com/wp-content/uploads/2020/06/40mm- Tactical-4-Shot-Launcher.pdf) 7.7 p. 99 of 379 41 Annual Military Equipment Use Report 2022 The Department currently possesses the following 40mm munitions: Defense Technology 40mm Exact Impact Sponge Round #6325 QUANTITY 50 LIFESPAN 6 years INITIAL COST $18/unit Manufacturer: Defense Technology Manufacturer Description: The Exact Impact 40mm Sponge Round is a point-of-aim, point- of- impact direct-fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore have velocities that are extremely consistent. (Description Source: https://www.defense-technology.com/product/exact-impact-40-mm- standard-range-sponge-round/) 7.7 p. 100 of 379 42 Annual Military Equipment Use Report 2022 Less Lethal Shotgun and Munitions Less Lethal Shotgun: The less lethal shotgun is a standard Mossberg Model 590, 12-gauge shotgun that has been outfitted with an orange-colored stock and foregrip to distinguish from lethal weapons. Capability: The less lethal shotgun can fire a 12-gauge Super-Sock Beanbag Round with a maximum effective range of seventy-five (75) feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat, which is a principle of de-escalation. Usage: The use of the less lethal shotgun may be deployed to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. The range of the weapon system helps to maintain space between officers and a suspect and reduce the immediacy of the threat, which is the principle of de-escalation. Situations for use of the less lethal weapon system may include, but are not limited to self-destructive, dangerous, and/or combative individuals, riot/crowd control and civil unrest incidents, circumstances where a tactical advantage can be obtained, potentially vicious animals, and training exercises or approved demonstrations. Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in GPD Policy Manual Section 308 (Use of Force). It is the policy of the Gilroy Police Department to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to state and federal law. Training Requirements: All GPD officers are required to complete department training on the Mossberg Model 590 less lethal shotgun system. GPD SWAT operators receive additional department training on the use of less lethal shotgun operations. 7.7 p. 101 of 379 43 Annual Military Equipment Use Report 2022 The Department currently possesses the following Less Lethal Shotgun(s): Mossberg Model 590, 12-gauge shotgun QUANTITY 10 LIFESPAN 25 years INITIAL COST $620/unit Manufacturer: Mossberg Manufacturer Description: The Mighty 590. With decades of military and law enforcement duty and countless performance and success stories under its belt, it’s no surprise that the 590 chosen for duty around the globe is also the ideal choice for home defense needs. With a range of customized stock and sight features right out of the box, and three gauge offerings, the ruggedly-built 590 lineup offers the variety of capacities, finishes, and configurations that will best fit your needs. (Description source: https://www.mossberg.com/firearms/shotguns/590.html) 7.7 p. 102 of 379 44 Annual Military Equipment Use Report 2022 The Department currently possesses the following Less Lethal Shotgun ammunition: Combined Tactical Systems Super-Sock Bean Bag QUANTITY 150 LIFESPAN N/A INITIAL COST $7/unit Manufacturer: Combined Tactical Systems, Inc. Manufacturer Description: The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to “unfold” or “stabilize.” The Super-Sock is an aerodynamic projectile, and its accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is first in its class providing the point control accuracy and consistent energy to momentarily incapacitate violent, non- compliant subjects. Effective range is 75ft. (Description source: https://www.combinedsystems.com/product/2581-12ga-super-sock-bean- bag-priced-individually-per-cartridge-must-order-in-quantities-of-5/) 7.7 p. 103 of 379 45 Annual Military Equipment Use Report 2022 Combined Tactical Systems LC5 Launching Cup Combined Tactical Systems LC5 Launching Cup: A cup that attaches to the department’s less lethal shotguns, which allows officers to launch canisters of chemical agents or smoke. Capability: The Combined Tactical Systems LC5 Launching Cup is capable of being attached to almost any 12-gauge shotgun, including GPD’s Mossberg 590 12-gauge less lethal shotguns, and firing all Combined Tactical Systems 5 series munitions. Usage: The use of the Combined Tactical Systems LC5 Launching Cup may be deployed to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. The range of the weapon system helps to maintain space between officers and a suspect and reduce the immediacy of the threat, which is the principle of de-escalation. This system has additional uses which include but are not limited to self-destructive, dangerous, and/or combative individuals, riot/crowd control and civil unrest incidents, circumstances where a tactical advantage can be obtained, potentially vicious animals, and training exercises or approved demonstrations. Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in GPD Policy Manual Section 308 (Use of Force). It is the policy of the Gilroy Police Department to utilize this equipment only for official law enforcement purposes, and pursuant to state and federal law. Training Requirements: Officers utilizing the launching cups are trained by California P.O.S.T.- certified chemical agent instructors. 7.7 p. 104 of 379 46 Annual Military Equipment Use Report 2022 The Department currently possesses the following Launching Cup(s): Combined Tactical Systems LC5 Launching Cup QUANTITY 2 LIFESPAN 25 years INITIAL COST $275/unit Manufacturer: Combined Tactical Systems, Inc. Manufacturer Description: The LC5 Launching Cups are designed for the 5200 series grenades. The cups can be attached to virtually any 12ga shotgun, and the munition launched with our model 2600 launching cartridge. These can be fired from most 12ga smooth bore shotguns. (Description Source: https://www.combinedsystems.com/product/lc5-and-lc6-launching-cups/) 7.7 p. 105 of 379 47 Annual Military Equipment Use Report 2022 Diversionary Devices Diversionary Devices: Canisters that emit a loud noise and bright light that is used to distract dangerous persons. Capability: A Diversionary device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric over- pressure and brilliant white light and, as a result, a diversionary device can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage. Usage: Diversionary devices are used during training and tactical events when a diversion or distraction are believed to be an effective tool to bring an event to a safe resolution. Diversionary devices shall only be used by officers who have been trained in their proper use, in hostage and barricaded subject situations, in high-risk (search/arrest) warrant services where there may be extreme hazards to officers, during other high-risk situations where their use would enhance officer safety, and during training exercises. Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in GPD Policy Manual Section 308 (Use of Force). It is the policy of the Gilroy Police Department to utilize diversion devices only for official law enforcement purposes, and pursuant to state and federal law. Training Requirements: Prior to using this equipment, officers must attend diversionary device training that is conducted by California POST certified instructors. 7.7 p. 106 of 379 48 Annual Military Equipment Use Report 2022 The Department currently possesses the following Diversionary Devices: Combined Tactical Systems, 7290-2 Flash-Bang QUANTITY 2 LIFESPAN N/A INITIAL COST $52/unit Manufacturer: Combined Tactical Systems, Inc. Manufacturer Description: This is a non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high risk arrest situations. (Description Source: https://www.combinedsystems.com/product/7290-2-flash-bang-aluminum- body-low-roll-doublebang-priced-individually-must-order-in-quantities-of- 12/#:~:text=7290%2D2%20%E2%80%93%20This%20is%20a,other%20high%20risk%20arres t%20situations.) Combined Tactical Systems, 7290M Mini Flash-Bang QUANTITY 32 LIFESPAN N/A INITIAL COST $42/unit Manufacture: Combined Tactical Systems, Inc. 7.7 p. 107 of 379 49 Annual Military Equipment Use Report 2022 Manufacture Description: The CTS 7290M Mini Flash-Bang is the newest generation in the evolution of the Flash-Bang. Our Model 7290M Flash-Bang exhibits all the same attributes of its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 180db output of the 7290 and produces 6-8 million candela of light. The patented design of the 7290M, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output. (Description Source: https://www.combinedsystems.com/product/7290m-mini-bang-steel-body- priced-individually-must-order-in-quantities-of-12/) 7.7 p. 108 of 379 50 Annual Military Equipment Use Report 2022 Rifles and Munitions Rifles: The rifle is a gun that is fired from shoulder level, having a longer, grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. Capability: The rifle provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Additionally, rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor. However, rifles are not appropriate for every situation. Usage: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in GPD Policy Manual Section 308 (Use of Force). It is the policy of the Gilroy Police Department to utilize rifles only for official law enforcement purposes, and pursuant to state and federal law regarding the use of force. Training Requirements: Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification annually. 7.7 p. 109 of 379 51 Annual Military Equipment Use Report 2022 The Department currently possesses the following rifles: Colt M4 Commando QUANTITY 10 LIFESPAN 10 years INITIAL COST $1,062/unit Manufacturer: Colt Manufacturer Description: A rifle that fires an intermediate-power cartridge (5.56mm) which is more powerful than a standard pistol but less powerful than a standard rifle. It is a short- barreled rifle (10.5”) which allows a trained officer better control inside of structures with greater accuracy than a handgun. (Description Source: https://www.colt.com/) Colt M4 Carbine QUANTITY 5 LIFESPAN 10 years INITIAL COST $1,062/unit Manufacturer: Colt Manufacturer Description: A rifle that fires an intermediate-power cartridge (5.56mm) which is more powerful than a standard pistol but less powerful than a standard rifle. It is a short- barreled rifle (14.5”) which allows a trained officer better control inside of structures with greater accuracy than a handgun. 7.7 p. 110 of 379 52 Annual Military Equipment Use Report 2022 (Description Source: https://www.colt.com/) Remington 700 QUANTITY 3 LIFESPAN 10 years INITIAL COST $2,000/unit Manufacturer: Remington Manufacturer Description: A bolt-action rifle with precision optics that fires a .308 Winchester cartridge. The .308 rifle allows SWAT Snipers to accurately engage hostile suspects at great distances. The .308 rifles are used exclusively by officers assigned to the SWAT Sniper Team. These rifles are typically deployed with the SWAT Sniper Team during high-risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed. (Description Source: https://www.remarms.com/rifles/bolt-action/model-700/) Colt M16A1 QUANTITY 16 LIFESPAN 10 years INITIAL COST No Cost/unit Manufacturer: Colt Manufacturer Description: The M16A1 rifle is a lightweight, air cooled, gas operated magazine fed, and shoulder fired weapon that can be fired in semi-automatic. 7.7 p. 111 of 379 53 Annual Military Equipment Use Report 2022 (Description Source: https://www.colt.com/detail-page/col-crm16a1-556-20-30rd) Springfield M14 QUANTITY 1 LIFESPAN 10 years INITIAL COST No Cost/unit Manufacturer: Springfield Manufacturer Description: The M14 served with distinction as the standard issued rifle of the United States military after the revered M1 Garand. The windage and elevation adjustable rear sight makes zeroing the rifle a pleasure, while the two-stage military trigger, detachable box magazine, op-rod, and roller cam bolt provide functional ease of operation and faithful reliability. (Description Source: https://www.springfield-armory.com/m1a-series-rifles/m1a-standard- issue-rifles) 7.7 p. 112 of 379 54 Annual Military Equipment Use Report 2022 Chemical Agent and Smoke Canisters Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed Capability: Chemical agent and smoke canisters have a vast variety of individual capabilities and applications. Chemical agent and smoke canisters carry the agent into the environment in a variety of methods, including but not limited to a micro-pulverized solid (powder), a liquid mist (fogger), a liquid or foam stream, burning pellets (smoke), pyrotechnic devices, and vapor aerosols. Exposure to chemical agents normally causes no lasting effects. This equipment has various indoor and outdoor capabilities and uses. Chemical agents shall be used with caution and only by trained personnel. Usage: Chemical agent and smoke canisters are used to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to, self-destructive individuals, dangerous and/or combative individuals, riot/crowd control and civil unrest incidents, circumstances where a tactical advantage can be obtained, potentially vicious animals, and in training exercises or displayed during community events. Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in GPD Policy Manual Section 308 (Use of Force). It is the policy of the Gilroy Police Department to utilize chemical agents only for official law enforcement purposes, in accordance with the department’s Use of Force Policy, and pursuant to state and federal law. Training Requirements: GPD Officers utilizing chemical agent and smoke canisters are certified by California POST less lethal and chemical agent instructors. 7.7 p. 113 of 379 55 Annual Military Equipment Use Report 2022 The Department currently possesses the following chemical agent and smoke canisters: Defense Technology, Maximum HC Smoke Large Canister, #1073 QUANTITY 5 LIFESPAN 5 years INITIAL COST $38/unit Manufacturer: Safariland, LLC / Defense Technology Manufacturer Description: The Maximum Smoke Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 1.5 – 2 minutes through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.6 in. and holds approximately 2.9 oz. of active agent. (Description Source: https://www.defense-technology.com/product/maximum-smoke-hc-large- style-canister/) Combined Tactical Systems, White Smoke Canister Grenade, #8210 QUANTITY 2 LIFESPAN 5 years INITIAL COST $24/unit Manufacturer: Combined Tactical Systems 7.7 p. 114 of 379 56 Annual Military Equipment Use Report 2022 Manufacturer Description: Small diameter pyrotechnic irritant smoke grenade for outdoor use to disperse crowds. Emits smoke for up to 30 seconds and is small enough to carry in a pocket. Can be hand thrown or launched. (Description Source: https://www.combinedsystems.com/product/8210-white-smoke-tactical- canister-grenade/) Combined Tactical Systems, Riot CS Smoke Grenade, #8230 QUANTITY 20 LIFESPAN 5 years INITIAL COST $32/unit Manufacturer: Combined Tactical Systems Manufacturer Description: The smallest diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports. Specifically for outdoor use and it should not be deployed on rooftops, in crawl spaces or indoors due to fire producing capability. Can be hand thrown or launched. (Description Source: https://www.combinedsystems.com/product/8230-outdoor-tactical- grenade-cs/) Combined Tactical Systems, Baffled Riot CS Smoke Grenade, #5230B QUANTITY 20 LIFESPAN 5 years INITIAL COST $40/unit 7.7 p. 115 of 379 57 Annual Military Equipment Use Report 2022 Manufacturer: Combined Tactical Systems Manufacturer Description: Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. (Description Source: https://www.combinedsystems.com/product/5230b-cs-baffled-canister- grenade-pyro-low-flame-potential-2/) Penn Arms, 37mm Single Shot Launcher, #SL1-37 QUANTITY 6 LIFESPAN 25 years INITIAL COST $1575/unit Manufacturer: Penn Arms Manufacturer Description: A single shot break open frame launcher with smooth bore barrel. Features include: double-action trigger, trigger lock push button and hammer lock safeties, 47mm 1:47 twist rifled 12 inch barrel, combination weaver rail with ghost ring and bead sight, overall length of 29 inches (742.95mm) with fixed stock, unloaded wight 5.906 lbs (2.67 kg), utilizes 37mm munitions. (Description Source: https://www.combinedsystems.com/product/l137-1-single-launcher-fixed- stock-w-iron-sights-l1-37/) Sage Control Ordinance, 37mm Rifled Barricade Penetrating, #BP5OC QUANTITY 28 LIFESPAN 5 years INITIAL COST $20/unit 7.7 p. 116 of 379 58 Annual Military Equipment Use Report 2022 Manufacturer: Sage Control Ordinance Manufacturer Description: The BP5 is a non-pyrotechnic barricade penetrating munition capable of delivering micro-pulverized chemical agents through barricades from a rifled 37mm launcher. The BP5 achieves superior accuracy and penetration through a combination of barrel rifling and projectile design. The projectile is made of frangible plastic and is filled with a micro-pulverized powdered chemical agent. The BP5 is designed to penetrate windows, doors, and other barriers. The micro-pulverized powder payload is released upon impact. (Description Source: http://www.sageinternationalltd.com/SCOI/ammunition.html) Sage Control Ordinance, 37mm Rifled Barricade Penetrating, #BP5CS QUANTITY 28 LIFESPAN 5 years INITIAL COST $20/unit Manufacturer: Sage Control Ordinance Manufacturer Description: The BP5 is a non-pyrotechnic barricade penetrating munition capable of delivering micro-pulverized chemical agents through barricades from a rifled 37mm launcher. The BP5 achieves superior accuracy and penetration through a combination of barrel rifling and projectile design. The projectile is made of frangible plastic and is filled with a micro-pulverized powdered chemical agent. The BP5 is designed to penetrate windows, doors, and other barriers. The micro-pulverized powder payload is released upon impact. (Description Source: http://www.sageinternationalltd.com/SCOI/ammunition.html) 7.7 p. 117 of 379 59 Annual Military Equipment Use Report 2022 Sage Control Ordinance, 37mm Impact/Chemical, #K03OC QUANTITY 25 LIFESPAN 5 years INITIAL COST $20/unit Manufacturer: Sage Control Ordinance Manufacturer Description: The K03 is a direct-fire crush nose chemical impact baton round that is designed to be used in situations where a combination of kinetic energy and chemical agents is preferred for the incapacitation of hostile and/or non-compliant individuals. Upon impact, the K03 projectile imparts blunt trauma and additionally releases a micro-pulverized CS or OC powder payload as the baton nose is crushed. (Description Source: http://www.sageinternationalltd.com/SCOI/ammunition.html) 7.7 p. 118 of 379 60 Annual Military Equipment Use Report 2022 PepperBall Launchers and Projectiles PepperBall Launcher: A device that discharges PAVA powder projectiles. Capability: A PepperBall Launcher can quickly and accurately deploy small, non-lethal projectiles (“Pepper Balls”) from an effective distance of 150 feet, that produce a chemical that can rapidly produce sensory irritation or disabling physical effects in humans, which disappear within a short time following termination of exposure. Usage: PepperBall equipment is used to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but, are not limited to self-destructive individuals, dangerous and/or combative individuals, riot/crowd control and civil unrest incidents, circumstances where a tactical advantage can be obtained, potentially vicious animals, and in training exercises or displayed during community events. Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in GPD Policy Manual Section 308 (Use of Force). It is the policy of the GPD to utilize PepperBall Launchers only for official law enforcement purposes, and pursuant to state and federal law. Training Requirements: GPD officers utilizing PepperBall launchers and projectiles are trained in their use by California POST certified less lethal and chemical agent instructors. 7.7 p. 119 of 379 61 Annual Military Equipment Use Report 2022 The Department currently possesses the following PepperBall equipment: PepperBall FTC Launcher QUANTITY 6 LIFESPAN 20 years INITIAL COST $499/unit Manufacturer: PepperBall Manufacturer Description: Compact and lightweight, the PepperBall FTC is the industry gold standard for crowd-control and other applications where accuracy and reliability is a factor. The FTC features a modular design with a rapid feeding loader and firing rate of 10-12 RPS. (Description Source: https://store-c19drjba2a.mybigcommerce.com/content/PEP-21006-FTC- Specs.pdfhttps://shop.pepperball.com/products/pepperball-vks%E2%84%A2- carbine) PepperBall Live Projectile QUANTITY 1000 LIFESPAN 3 years INITIAL COST $2/unit Manufacturer: PepperBall Manufacturer Description: The live PepperBall® round contains 2.0% PAVA. It is effective for direct impact and area saturation when there is no line of sight. PAVA is based on one of the hottest of the six capsaicinoids found in pepper plants. PepperBall products contain only 7.7 p. 120 of 379 62 Annual Military Equipment Use Report 2022 safe, pure, non-oil based PAVA and are non-flammable. Ingredient consistency ensures each projectile operates with quality and effectiveness. (Description Source: https://pepperball.com/projectiles/pepperball-live/) PepperBall Live Projectile QUANTITY 1000 LIFESPAN 3 years INITIAL COST $0.80/unit Manufacturer: PepperBall Manufacturer Description: The inert PepperBall® round contains harmless, scented powder. This projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired. (Description Source: https://pepperball.com/projectiles/pepperball-inert/) 7.7 p. 121 of 379 63 Annual Military Equipment Use Report 2022 Conclusion The acquisition and use of military equipment in our communities may impact the public’s safety and welfare. The public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in the local government’s decision to fund, acquire, or use such equipment. When making decisions regarding how military equipment is funded, acquired, or used, the Gilroy Police Department gives strong consideration to the public’s welfare, safety, civil rights, and civil liberties. In a continued effort for greater transparency, the Gilroy Police Department places high regard to meaningful public input in the use of military equipment in our community, in an effort to increase the safety of the public. Any member of the public can submit a question or concern regarding military equipment use by contacting the Gilroy Police Department’s Administrative Division via email at complaintscompliments@cityofgilroy.org. The Department will strive to provide a timely response to the community’s questions and concerns regarding the use of military equipment. Any member of the public can submit a complaint to any member of the Department and in any form (i.e., in person, telephone, email, etc.). Once the complaint is received, it should be routed to the Administrative Division. 7.7 p. 122 of 379 Page 1 of 3 City of Gilroy STAFF REPORT Agenda Item Title:Second Amendment to the Agreement for the Countywide Household Hazardous Waste Collection Program Meeting Date:May 15, 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 Approve a Second Amendment to the Agreement for the Countywide Household Hazardous Waste Collection Program and authorize the City Administrator to execute the agreement and related documents. BACKGROUND Santa Clara County has collected a fee to offset each jurisdiction’s solid waste management and Household Hazardous Waste (HHW) management expenses for over 20 years under Assembly Bill 939 (AB 939). The Countywide AB 939 Fee is collected at waste transfer and disposal facilities by facility operators and has two components. The first component is a Program Fee of $1.50 per ton, which is charged to assist in funding integrated waste management activities. The second component is the HHW Fee of $2.60 per ton, which is held by the County and used to directly offset HHW Collection Program costs associated with the use of the program by each jurisdiction’s residents. The HHW Collection Program allows City residents to participate in several HHW collection events each month, held at a permanent collection center in San Martin. 7.8 p. 123 of 379 Second Amendment to the Agreement for the Countywide Household Hazardous Waste Collection Program City of Gilroy City Council Page 2 of 3 May 15, 2023 ANALYSIS The Countywide HHW Collection Program Agreement includes a base assumption that 4% of each jurisdiction’s households will participate in the program annually. Typically, Gilroy resident participation in the HHW Collection Program has been more than 4%; therefore, an augmentation of the 4% base assumption must be specified. For 2023- 2024, an augmentation of $24,612 is recommended to ensure that all Gilroy residents desiring to participate in the program will be allowed to do so. POLICY DISCUSSION In 2021, the City Council authorized the City Administrator to execute the most recent three-year Countywide HHW Collection Program Agreement (Attachment C). Because this agreement includes the HHW collection schedule for the year and an annual augmentation amount elected by the City, it requires an annual amendment. The First Amendment to the Countywide HHW Collection Program Agreement was completed in 2022 (Attachment B). The sole purpose of this item is to approve the City’s execution of the Second Amendment to the Countywide HHW Collection Program Agreement with the FY 2023-24 schedule and updated augmentation amount (Attachment A). FISCAL IMPACT/FUNDING SOURCE The Discretionary Fund is the balance of AB 939 HHW Fees collected after covering the cost of providing HHW Collection Program services to 4% of Gilroy households. The augmentation is the amount the City agrees to pay to the County for participation beyond 4%. At present, for FY 2023-24, the recommended augmentation amount for Gilroy is $24,612 to cover the cost of anticipated program participation beyond the 4%. Under the Countywide HHW Collection Program Agreement, the County may use the Discretionary Fund on the City’s behalf to offset the cost of the HHW Collection Program. If there are additional HHW Fee revenues remaining in the City’s credit with the County at the end of the fiscal year, those revenues will be refunded to the City for use in promoting the program or to support HHW management costs. Gilroy Discretionary Funds are typically far greater than the recommended augmentation amount; therefore, the City receives a refund each year for HHW Fees. Based on recent historical trends, it is anticipated that the City will continue to receive this refund for FY 2023-24. The Discretionary Fund was lower in Gilroy in FY 2021-2022 due to the decrease in disposal tonnage and the HHW fees collected associated with it. Fees collected and actual participation in HHW can vary from year to year. In the unlikely event that participation in the HHW Collection Program exceeds expectations, staff will return to the Council to request an additional augmentation and appropriation if necessary. 7.8 p. 124 of 379 Second Amendment to the Agreement for the Countywide Household Hazardous Waste Collection Program City of Gilroy City Council Page 3 of 3 May 15, 2023 A five-year chart with historical data from 2017 onward, displaying the Discretionary Funds from HHW Fees relative to their reimbursement amounts, is listed below: Year Recommended Augmentation Actual Augmentation Discretionary Fund from HHW Fees Reimbursement 2021-2022 $23,027 $15,785.82 $34,952.79 $19,166.97 2020-2021 $15,294 $18,179.88 $80,340.33 $62,160.45 2019-2020 $15,294 $1,812.05 $66,506.97 $64,694.92 2018-2019 $15,294 $9,240.44 $70,051.57 $60,811.13 2017-2018 $5,000 $6,052.36 $71,915.48 $65,863.12 PUBLIC OUTREACH Not applicable. The recommended action is an extension of a long-standing program with no proposed changes, so no engagement activities were conducted before presenting the amendment for Council consideration. Should the Second Amendment be approved, staff will continue to inform the public about the availability of the County HHW Collection Program. NEXT STEPS The City Administrator will execute the Second Amendment to the Agreement for the Countywide Household Hazardous Waste Collection Program if approved. Attachments: 1. Attachment A – Second Amendment to Agreement for the Countywide Household Hazardous Waste Collection Program 2. Attachment B – First Amendment to Agreement for the Countywide Household Hazardous Waste Collection Program 3. Attachment C – Countywide HHW Collection Program Agreement 7.8 p. 125 of 379 SECOND AMENDMENT TO THE AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM The Agreement for Countywide Household Hazardous Waste Collection Program (AGREEMENT) by and between the City of Gilroy (CITY) and the County of Santa Clara (COUNTY) previously entered into on June 17, 2021, and subsequently amended, is hereby further amended as set forth below. The COUNTY and the CITY agree that: 1.Section 16. ADDITIONAL SERVICES UNDER THIS AGREEMENT is amended in full to read: 16.ADDITIONAL SERVICES UNDER THIS AGREEMENT CITY must augment funding provided under this Agreement to cover the cost of a minimum participation level of 4% of CITY households; CITY may also elect to augment funding to provide additional services to increase CITY participation beyond the 4% minimum participation level. Additional services shall be made available upon written agreement between the CITY’s authorized representative and the County Executive Officer or designee. Additional services may include, but are not limited to, additional appointments (charged at the Variable Cost Per Car rate), door-to-door HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection. CITY agrees to augment up to an additional $23,027 to the Countywide HHW Program during Fiscal Year 2022 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount. CITY agrees to augment up to an additional $31,542 to the Countywide HHW Program during Fiscal Year 2023 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C-1, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount. CITY agrees to augment up to an additional $_________ to the Countywide HHW Program during Fiscal Year 2024 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C-2, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available 24,612 7.8 p. 126 of 379 Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount. At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement. 2. Attachment C-2 “HHW Schedule For Collection Events for Fiscal Year 2023/2024” attached hereto and incorporated herein by this reference is hereby added to the AGREEMENT. Except as provided herein, all terms and conditions of the AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, COUNTY and CITY, through their duly authorized representatives, have entered into this First Amendment to the AGREEMENT on the last date shown below: COUNTY OF SANTA CLARA CITY OF GILROY Signature: Signature: Jeffery V. Smith Name: _____________________ County Executive Title: Date: Date: APPROVED AS TO FORM AND LEGALITY Willie Nguyen Deputy County Counsel Date: 7.8 p. 127 of 379 ATTACHMENT C-2: HHW SCHEDULE OF PERMANENT & TEMPORARY COLLECTION EVENTS FOR FISCAL YEAR 2023-2024 2023/Month Day Date Location Type of Event County Holidays/ Notes July Saturday 1 No Event No Event 4th OF JULY WEEK Thurs,Fri,Sat 6,7,8 San Jose Permanent Thurs,Fri,Sat 6,7,8 San Martin Permanent Wed,Thurs,Fri,Sat 12,13,14,15 San Jose Permanent Saturday 15 Sunnyvale Temporary Thurs,Fri,Sat 20,21,22 San Jose Permanent Wed,Thurs,Fri,Sat 26,27,28,29 San Jose Permanent August Thurs,Fri 3,4 San Jose Permanent Thurs,Fri,Sat 3,4,5 San Martin Permanent Saturday 5 Cupertino Temporary Wed,Thurs,Fri,Sat 9,10,11,12 San Jose Permanent Thurs,Fri,Sat 17,18,19 San Jose Permanent Wed,Thurs,Fri,Sat 23,24,25,26 San Jose Permanent Saturday 26 Mountain View Temporary Thurs 31 San Jose Permanent September Fri 1 San Jose Permanent Saturday 2 No Event No Event LABOR DAY WEEKEND Wed,Thurs,Fri,Sat 6,7,8,9 San Jose Permanent Thurs,Fri,Sat 7,8,9 San Martin Permanent Thurs,Fri,Sat 14,15,16 San Jose Permanent Wed,Thurs,Fri,Sat 20,21,22,23 San Jose Permanent Saturday 23 Santa Clara Temporary Thurs,Fri,Sat 28,29,30 San Jose Permanent October Wed,Thurs,Fri,Sat 4,5,6,7 San Jose Permanent Thurs,Fri,Sat 5,6,7 San Martin Permanent Wed,Thurs,Fri,Sat 11,12,13,14 San Jose Permanent Saturday 14 Sunnyvale Temporary Wed,Thurs,Fri,Sat 18,19,20,21 San Jose Permanent Thurs,Fri,Sat 26,27,28 San Jose Permanent November Wed,Thurs,Fri,Sat 1,2,3,4 San Jose Permanent Thurs,Fri, Sat 2,3,4 San Martin Permanent Thurs 9 San Jose Permanent Fri 10 No Event No Event VETERANS DAY Saturday 11 San Jose Permanent Wed,Thurs,Fri,Sat 15,16,17,18 San Jose Permanent Tues 21 San Jose Permanent Wed,Thurs,Fri,Sat 22,23,24,25 No Event No Event THANKSGIVING Thurs 30 San Martin Permanent Thurs 30 San Jose Permanent December Fri,Sat 1,2 San Jose Permanent Fri, Sat 1,2 San Martin Permanent Wed,Thurs,Fri,Sat 6,7,8,9 San Jose Permanent Thurs,Fri,Sat 14,15,16 San Jose Permanent Wed,Thurs,Fri 20,21,22 San Jose Permanent Sat 23 No Event No Event CHRISTMAS Thurs,Fri 28,29 San Jose Permanent Fri 30 No Event No Event NEW YEAR'S *SUBJECT TO CHANGE HHW SCHEDULE FOR FISCAL YEAR 2023/2024* 7.8 p. 128 of 379 ATTACHMENT C-2: HHW SCHEDULE OF PERMANENT & TEMPORARY COLLECTION EVENTS FOR FISCAL YEAR 2023-2024 (Continued) 2024/Month Day Date Location Type of Event County Holidays/ Notes January Wed,Thurs,Fri,Sat 3,4,5,6 San Jose Permanent Thurs,Fri, Sat 4,5,6 San Martin Permanent Wed,Thurs,Fri,Sat 10,11,12,13 San Jose Permanent Saturday 13 Sunnyvale Temporary TBD Wed,Thurs,Fri,Sat 17,18,19,20 San Jose Permanent Wed,Thurs,Fri,Sat 24,25,26,27 San Jose Permanent Saturday 27 Santa Clara Temporary TBD Wed 31 San Jose Permanent February Thurs,Fri,Sat 1,2,3 San Jose Permanent Thurs,Fri, Sat 1,2,3 San Martin Permanent Thurs,Fri,Sat 8,9,10 San Jose Permanent Wed,Thurs,Fri,Sat 14,15,16,17 San Jose Permanent Thurs,Fri,Sat 22,23,24 San Jose Permanent Wed,Thurs 28,29 San Jose Permanent Thurs 29 San Martin Permanent March Fri,Sat 1,2 San Jose Permanent Fri, Sat 1,2 San Martin Permanent Thurs,Fri,Sat 7,8,9 San Jose Permanent Wed,Thurs,Fri,Sat 13,14,15,16 San Jose Permanent Thurs,Fri,Sat 21,22,23 San Jose Permanent Wed,Thurs,Fri,Sat 27,28,29 San Jose Permanent Saturday 30 No Event No Event CESAR CHAVEZ DAY April Thurs,Fri,Sat 4,5,6 San Jose Permanent Thurs,Fri, Sat 4,5,6 San Martin Permanent Wed,Thurs,Fri,Sat 10,11,12,13 San Jose Permanent Saturday 13 Los Altos Temporary Wed,Thurs,Fri,Sat 17,18,19,20 San Jose Permanent Saturday 20 Sunnyvale Temporary TBD Wed,Thurs,Fri,Sat 24,25,26,27 San Jose Permanent Saturday 27 Santa Clara Temporary TBD May Thurs,Fri,Sat 2,3,4 San Jose Permanent Thurs,Fri, Sat 2,3,4 San Martin Permanent Wed,Thurs,Fri,Sat 8,9,10,11 San Jose Permanent Thurs,Fri,Sat 16,17,18 San Jose Permanent Wed,Thurs,Fri 22,23,24 San Jose Permanent Saturday 25 No Event No Event MEMORIAL DAY WEEKEND Thurs,Fri 30,31 San Jose Permanent June Sat 1 San Jose Permanent Thurs,Fri,Sat 6,7,8 San Jose Permanent Thurs,Fri, Sat 6,7,8 San Martin Permanent Thurs,Fri,Sat 13,14,15 San Jose Permanent Saturday 15 Milpitas Temporary Wed,Thurs, Fri,Sat 19,20,21,22 San Jose Permanent Thurs,Fri,Sat 27,28,29 San Jose Permanent *SUBJECT TO CHANGE HHW SCHEDULE FOR FISCAL YEAR 2023/2024 continued* 7.8 p. 129 of 379 DocuSign Envelope ID: CC4684D9-2511-41A8-995D-145F15D6DB2C 7.8 p. 130 of 379 DocuSign Envelope ID: CC4684D9-2511-41A8-995D-145F15D6DB2C 6/6/2022 6/6/2022 7.8 p. 131 of 379 DocuSign Envelope ID: CC4684D9-2511-41A8-995D-145F15D6DB2C 7.8 p. 132 of 379 DocuSign Envelope ID: CC4684D9-2511-41A8-995D-145F15D6DB2C 7.8 p. 133 of 379 7.8 p. 134 of 379 7.8 p. 135 of 379 7.8 p. 136 of 379 7.8 p. 137 of 379 7.8 p. 138 of 379 7.8 p. 139 of 379 7.8 p. 140 of 379 7.8 p. 141 of 379 7.8 p. 142 of 379 7.8 p. 143 of 379 7.8 p. 144 of 379 7.8 p. 145 of 379 7.8 p. 146 of 379 7.8 p. 147 of 379 7.8 p. 148 of 379 7.8 p. 149 of 379 7.8 p. 150 of 379 7.8 p. 151 of 379 7.8 p. 152 of 379 7.8 p. 153 of 379 7.8 p. 154 of 379 EXHIBIT B-2D (revised) INSURANCE REQUIREMENTS FOR ENVIRONMENTAL SERVICES CONTRACTS (Hazardous Waste Disposal, Remediation Services, Environmental Consulting, etc.) Indemnity The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor contests its obligation to indemnify, defend and/or hold harmless the County under this Agreement and does not prevail in that contest. Insurance Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions: A. Evidence of Coverage Prior to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request. This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor. B. Qualifying Insurers All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager. 7.8 p. 155 of 379 EXHIBIT B-2D (revised) C. Notice of Cancellation All coverage as required herein shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent. D. Insurance Required 1. Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows: a. Each occurrence - $1,000,000 b. General aggregate - $2,000,000 c. Products/Completed Operations aggregate - $2,000,000 d. Personal Injury - $1,000,000 2. General liability coverage shall include: a. Premises and Operations b. Products/Completed c. Personal Injury liability d. Severability of interest 3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County: Additional Insured Endorsement, which shall read: the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional ins Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. Public Entities may also be added to the 7.8 p. 156 of 379 EXHIBIT B-2D (revised) additional insured endorsement as applicable and the contractor shall be notified by the contracting department of these requirements. 4. Automobile Liability Insurance For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles. Coverage shall include Environmental Impairment Liability Endorsement MCS90 for contracts requiring the transportation of hazardous materials/wastes. 4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents or subcontractors will operate aircraft or watercraft in the scope of the Agreement) For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired aircraft/watercraft. 5. Workers' Compensation and Employer's Liability Insurance a. Statutory California Workers' Compensation coverage including broad form all-states coverage. b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence. 6. Contractors Pollution Liability Insurance Coverage shall provide a minimum of not less than five million dollars ($5,000,000) per occurrence and aggregate for bodily injury, personal injury, property damage and cleanup costs both on and offsite. 7. Professional Errors and Omissions Liability Insurance (required for contractors providing professional services, such as through a professional engineer, registered geologist, etc.) a. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per occurrence/aggregate. b. If coverage contains a deductible or self-retention, it shall not be greater than fifty thousand dollars ($50,000) per occurrence/event. 7.8 p. 157 of 379 EXHIBIT B-2D (revised) c. Coverage as required herein shall be maintained for a minimum of two years following termination or completion of this Agreement. 8. Claims Made Coverage If coverage is written on a claims made basis, the Certificate of Insurance shall clearly state so. In addition to coverage requirements above, such policy shall provide that: a. Policy retroactive date coincides with or precedes the Consultant's start of work (including subsequent policies purchased as renewals or replacements). b. Policy allows for reporting of circumstances or incidents that might give rise to future claims. E. Special Provisions The following provisions shall apply to this Agreement: 1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to the provisions concerning indemnification. 2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Contractor. However, this shall not in any way limit liabilities assumed by the Contractor under this Agreement. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self-insurance retentions. 3. Should any of the work under this Agreement be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may insure subcontractors under its own policies. 4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above. F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments) Before receiving compensation under this Agreement, Contractor will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or 7.8 p. 158 of 379 EXHIBIT B-2D (revised) countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Contractor will notify County immediately, and County may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County. 7.8 p. 159 of 379 Page 1 of 3 City of Gilroy STAFF REPORT Agenda Item Title:Approval of Capital Improvement Plan Projects for Funding by the Road Repair and Accountability Act of 2017 (SB-1) Funds Meeting Date:May 15, 2023 From:Jimmy Forbis, City Administrator Department:Public Works Submitted By:Daryl Jordan, Public Works Director Prepared By:Ogarita Carranza, Management Analyst STRATEGIC PLAN GOALS Maintain and Improve City Infrastructure RECOMMENDATION Adopt a resolution of the City Council of the City of Gilroy adopting a list of projects for Fiscal Year 2023-24 to be funded by SB-1: The Road Repair and Accountability Act of 2017. BACKGROUND Senate Bill 1, (SB-1) (Beall, Chapter 5, Statutes of 2017), The Road Repair and Accountability Act of 2017, provides significant, stable, and ongoing state transportation funding. These are funds dedicated to fixing aging roads and bridges, improving goods movement, and reducing traffic congestion. SB-1 is anticipated to generate $54 billion over the next decade, split between state and local agencies. SB-1 will enable cities and counties to address significant maintenance, rehabilitation, and safety needs on their local streets and roads system. SB-1 will provide approximately $1.5 billion per year for local streets and roads. In providing this funding, the Legislature has increased the role of the California Transportation Commission (Commission), including oversight of SB-1 based on the development of guidelines, review of project lists submitted by cities and counties, reporting to the State Controller, and receiving reports on completed projects. 7.9 p. 160 of 379 Approval of Capital Improvement Plan Projects for Funding by the Road Repair and Accountability Act of 2017 (SB-1) Funds City of Gilroy City Council Page 2 of 3 May 15, 2023 In June 2022, Council approved a resolution and a list of projects to be constructed using the FY23 funding. The FY23 program is expected to be completed in the early fall of 2023. The updated list of proposed street segments for paving using FY2023-24 SB- 1 funding, consistent with the Council-adopted 5-year paving program, is attached. To date, the City has received $4,494,719 from the State Controller. ANALYSIS To receive the available SB-1 funds, the City must adopt the list of SB-1-funded pavement maintenance projects through an official resolution. “Projects,” in this case, is defined as a list of streets that we anticipate will receive pavement maintenance with SB-1 funds. Pavement maintenance can be completed with one project or combined with multiple planned pavement maintenance projects. A resolution listing the streets to be included in the annual SB-1 funded project is due to the Commission by July 1, 2023. The list of street segments was selected using the City’s Street Saver pavement maintenance database program, assuming an annual pavement budget of $3.9M per year and using the Council-directed blended system to identify streets for rehabilitation. Street segments are selected to provide the greatest improvement in the average calculated Pavement Condition Index (PCI) for a given funding level. Staff also considered Average Daily Traffic (ADT), Street Functional Classifications (Residential, Collector, or Arterial), current Pavement Condition Index (PCI), types of treatment required, and geographic equity when selecting streets for inclusion on this list. FISCAL IMPACT/FUNDING SOURCE The FY 2023-24 SB-1 Road Maintenance and Rehabilitation Account (RMRA) projected revenues of $1,482,596 are included as a revenue source for Fund 210 (Road Maintenance and Rehab) in the City’s CIP plan under the Annual Pavement Maintenance Program (Project No. 800060) as part of the FY 2023-24 project budget. SB-1 requires that cities maintain existing general fund levels for transportation funding at levels equal to, or greater than, their annual average expenditures during FY10, FY11, and FY12, which is known as the “maintenance of effort” (MOE) requirement. The bill authorizes the State Controller’s Office to audit local governments for compliance and the ability to require local governments to reimburse the state for non- compliance. For Gilroy, per the State Controller’s Office, this equates to approximately $1.2 million (MOE) annually from the General Fund (which is the average of the 3-year expenditures on street maintenance from FY10 - FY12). For FY23 and FY24, the City is scheduled to spend more than the minimum of $1.2 million in pavement and street maintenance 7.9 p. 161 of 379 Approval of Capital Improvement Plan Projects for Funding by the Road Repair and Accountability Act of 2017 (SB-1) Funds City of Gilroy City Council Page 3 of 3 May 15, 2023 effort, utilizing General Fund monies plus an additional $900,000 using Measure B funds and other Gas Tax revenues, in addition to the SB1 allocation. NEXT STEPS The attached resolution, once approved, will be sent to the California Transportation Commission for approval to allow the City of Gilroy to receive its share of the SB-1 local pavement maintenance funding. Attachments: 1. Draft Resolution 2. SB1 Street Segments (FY24) 7.9 p. 162 of 379 RESOLUTION NO. 2023-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City of Gilroy will receive an estimated $1,482,596 in RMRA funding in Fiscal Year 2023-2024 and WHEREAS, this is the seventh year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone robust public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a pavement management system to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate over 1.4 million square feet of pavement and implement the complete streets ordinance on streets in the project and into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are, on average, in good condition, but 15 percent of the streets are in poor or very poor condition. This revenue will help increase the overall quality of our road system and, over the next decade, will keep our streets and roads in good condition; and 7.9 p. 163 of 379 Resolution No. 2023-XX Road Repair and Accountability Act of 2017 Projects List City Council Regular Meeting | May 15, 2023 Page 2 of 3 6 1 1 WHEREAS, without revenue from SB 1, the City’s average Pavement Condition Index, a measure of the pavement condition, would have otherwise continued to decrease at an increasing rate; and WHEREAS, if the Legislature and Governor failed to act, city streets and county roads would have continued to deteriorate, having many and varied negative impacts on our community; and WHEREAS, cities and counties own and operate more than 81 percent of streets and roads in California, and from the moment we open our front door to drive to work, bike to school, or walk to the bus station, people are dependent upon a safe, reliable local transportation network; and WHEREAS, modernizing the local street and road system provides well-paying construction jobs and boosts local economies; and WHEREAS, the local street and road system is also critical for farm-to-market needs, interconnectivity, multimodal needs, and commerce; and WHEREAS, police, fire, and emergency medical services all need safe, reliable roads to react quickly to emergency calls, and a few minutes of delay can be a matter of life and death; and WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduced vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; and WHEREAS, restoring roads before they fail also reduces construction time which results in less air pollution from heavy equipment and less water pollution from site run- off; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials, and practices, will have significant positive co-benefits statewide. NOW, THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Gilroy as follows: 1.The foregoing recitals are true and correct. 2.The following list of newly proposed projects will be funded in part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues: 7.9 p. 164 of 379 Resolution No. 2023-XX Road Repair and Accountability Act of 2017 Projects List City Council Regular Meeting | May 15, 2023 Page 3 of 3 6 1 1 The FY24 Citywide Pavement Maintenance Project consists of each of the following street segments listed in Attachment 1 receiving a pavement treatment consisting of milling, associated pavement resurfacing and restriping, associated concrete flatwork, installation of ADA-compliant curb ramps, adjustment of utilities to grade, asphalt cape seal, striping, signage, traffic signal loop replacement, and other incidental work. This treatment is expected to extend the useful life of each street segment by 5-10 years. The attached list (Attachment 1) of project segments is expected to start in May 2024 and be completed in October 2024. PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the 15th day of May 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 7.9 p. 165 of 379 Number Street Name Begin Location End Location Area (SF) 1 ARROYO CIR CAMINO ARROYO CAMINO ARROYO 207,173 2 CHURCH ST 98' S/O RONAN LIMAN AVE 26,824 3 EMERSON CT PETERSEN DR END 7,281 4 KISHIMURA DR FOREST ST MURRAY AV 35,926 5 MANTELLI DR KERN AVE WREN AVE 103,086 6 MONTEREY ST LEAVESLEY RD PIERCE ST 78,858 7 MONTEREY ST DAY RD BUENA VISTA AVE 95,849 8 OTOOLE CT PETERSEN DR END 7,578 9 PRINCEVALLE ST TENTH ST EIGHTH ST 50,948 10 RAMONA WY KERN AVE AMANDA AVE 22,610 11 TEAL CT END VINCA CT 7,218 12 THOMAS RD 105' N/O ALDER ST 255' S/O VINCA CT 9,477 13 THOMAS RD 123' S/O WISTERIA DR 105' N/O ALDER ST 24,624 14 TRAILBLAZER WY LONG MEADOW DR BLACKSMITH DR 15,575 15 TRAVEL PARK CIR BOLSA RD MONTEREY RD 48,645 16 WAGON WY SADDLER DR LONE DEER WY 22,890 17 WELBURN AVE KERN AVE WREN AVE 94,437 18 WREN AVE FARREL DR CITY LIMITS 32,585 Total Total 891,584 FY24 Citywide Pavement Rehabilitation Project Segments ATTACHMENT 1 7.9 p. 166 of 379 Page 1 of 3 City of Gilroy STAFF REPORT Agenda Item Title:Adoption of a Resolution of the City Council of the City of Gilroy Requesting the Allocation of Fiscal Year 2024 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding from the Metropolitan Transportation Commission Meeting Date:May 15, 2023 From:Jimmy Forbis, City Administrator Department:Public Works Submitted By:Daryl Jordan, Public Works Director Prepared By:Susana Ramirez, Engineer I STRATEGIC PLAN GOALS Maintain and Improve City Infrastructure RECOMMENDATION Adopt a resolution of the City Council of the City of Gilroy requesting the Metropolitan Transportation Commission allocation of Fiscal Year 2024 Transportation Development Act Article 3 Pedestrian/Bicycle Project funding. EXECUTIVE SUMMARY The City Council has prioritized improving bicycle and pedestrian road safety along Gilroy’s roadways. The Transportation Development Act Article 3 (TDA 3) provides funding annually for bicycle and pedestrian projects. Staff is proposing to adopt a resolution that would allow the City of Gilroy to apply for $220,000 of TDA 3 funds from the Metropolitan Transportation Commission (MTC), which will be used towards the FY24 Annual Citywide Curb Ramp Project (Project). The Project is included in the City’s 5-year Capital Improvement Program. The Project aims to upgrade existing and install new pedestrian curb ramps to comply with the Americans with Disabilities Act (ADA). Staff recommends adopting a resolution to request the allocation of $220,000 of TDA 3 funds from MTC for the FY24 Annual Citywide Curb Ramp Project. 7.10 p. 167 of 379 Adoption of a Resolution of the City Council of the City of Gilroy Requesting the Allocation of Fiscal Year 2024 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding from the Metropolitan Transportation Commission City of Gilroy City Council Page 2 of 3 May 15, 2023 BACKGROUND The TDA 3 provides funding annually for bicycle and pedestrian projects. As the regional transportation planning agency for the San Francisco Bay region, the MTC awards TDA 3 grant funding for cities to use for pedestrian and bicycle projects. MTC allows each county to determine how to use the TDA 3 funds, which amount to about 2% of TDA funds collected in the county. MTC sets forth policies and procedures for TDA 3 funds. All projects must be reviewed by the City‘s bicycle and pedestrian advisory body as well as the City Council and approve the funding request. MTC reviews applications and allocates funds to eligible projects. TDA funds are eligible for the following types of projects: 1. Construction and/or engineering of a bicycle or pedestrian capital project 2. Maintenance of a multi-purpose path that is closed to motorized traffic 3. Bicycle safety education program (no more than 5% of county total) 4. Development of comprehensive bicycle or pedestrian facilities plans (allocations to a claimant for this purpose may not be made more than once every five years) 5. Restriping Class II bicycle lanes. The TDA Article 3 project must be ready to implement within one year of the application cycle. ANALYSIS Title II of the ADA requires state and local governments to provide ADA-compliant curb ramps along pedestrian routes in the public right-of-way whenever streets are altered. Alterations include reconstruction, rehabilitation, resurfacing, and widening. Staff selected a total of 22 curb ramps to be included in the FY24 Annual Citywide Curb Ramp Project. The TDA Article 3 grant requires recommendations to approve by the City Council by the bicycle and pedestrian advisory body. This item was presented before the Planning Commission, which serves as the bicycle and pedestrian advisory body, on May 4, 2023, and recommended that the City Council approve the request. The attached resolution is required to be adopted by the City Council in order to apply for and receive grant funds. 7.10 p. 168 of 379 Adoption of a Resolution of the City Council of the City of Gilroy Requesting the Allocation of Fiscal Year 2024 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding from the Metropolitan Transportation Commission City of Gilroy City Council Page 3 of 3 May 15, 2023 ALTERNATIVES Council may decide not to adopt a resolution to request grant funds. Staff does not recommend this option as this will jeopardize the allocation of future funds, and the grant requires a resolution to be adopted before the City of Gilroy can apply for the allocation of funds. FISCAL IMPACT/FUNDING SOURCE The total cost of the FY24 Annual Citywide Curb Ramp Project is estimated to be $240,000, of which $220,000 will be funded by the TDA 3 grant, with the remaining $20,000 to be funded with the Vehicle Registration Fee Fund (220). NEXT STEPS Upon the Council’s adoption of this resolution, staff will submit the resolution to MTC for approval of the grant application and allocation of TDA 3 grant funds. Attachments: 1. Draft Resolution 2. Attachment A - Resolution Findings 3. Attachment B - TDA 3 Fund Grant Application 7.10 p. 169 of 379 RESOLUTION 2023-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REQUESTING THE ALLOCATION OF FISCAL YEAR 2024 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE PROJECT FUNDING FROM THE METROPOLITAN TRANSPORTATION COMMISSION WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and WHEREAS, MTC Resolution No. 4108, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and WHEREAS, the City of Gilroy desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; now, therefore, be it NOW, THEREFORE, BE IT RESOLVED THAT the City of Gilroy declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore, be it RESOLVED THAT there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution or that might impair the ability of the City of Gilroy to carry out the project; and, furthermore, be it RESOLVED THAT the City of Gilroy attests to the accuracy of and approves the statements in Attachment A to this resolution; and furthermore, be it RESOLVED THAT a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of Santa Clara County for submission to MTC as part of the countywide coordinated TDA Article 3 claim. 7.10 p. 170 of 379 Resolution No. 2023-XX Request for Fiscal Year 2024 Pedestrian/Bicycle Project Funding from MTC City Council Regular Meeting | May 15, 2023 Page 2 of 2 6 1 9 PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the 15th day of May 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 7.10 p. 171 of 379 Resolution No. 2023-XX Attachment A Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2024 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings Page 1 of 2 1. That the City of Gilroy is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Gilroy legally impeded from undertaking the project(s) described in “Attachment B” of this resolution. 2. That the City of Gilroy has committed adequate staffing resources to complete the project(s) described in Attachment B. 3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s). 4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested. 5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.). 6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s). 7. That the project(s) described in Attachment B are for capital construction and/or final design and engineering or quick build project; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic and/or Class IV separated bikeway; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of Gilroy within the prior five fiscal years. 8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate community need, such as a quick-build project. 7.10 p. 172 of 379 Findings Page 2 of 2 9. That any project described in Attachment B bicycle project meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National Association of City and Transportation Officials (NACTO) guidance or similar best practices document. 10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years). 11. That the City of Gilroy agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public. 7.10 p. 173 of 379 Resolution No. 2023-XX Page 1 Attachment B TDA Article 3 Project Application Form 1. Agency City of Gilroy 2. Primary Contact Susana Ramirez, Engineer I 3. Mailing Address 7351 Rosanna St, Gilroy, CA 95020 4. Email Address susana.ramirez@cityofgilroy.org 5. Phone Number 408-846-0212 6. Secondary Contact (in the event primary is not available) Ogarita Carranza, Management Analyst 7. Mailing address (if different) N/A☒ 8. Email Address Ogarita.Carranza@cityofgilroy.org 9. Phone Number 408-846-0255 10. Send allocation instructions to (if different from above): 11. Project Title FY24 Citywide Curb Ramp Project 12. Amount requested $220,000 13. Fiscal Year of Claim 2024 14. Description of Overall Project: 15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.) 16. Project Location: A map of the project location is attached or a link to a online map of the project location is provided below: This project will perform curb ramp upgrades at various locations throughout the City to meet ADA accessibility standards. The TDA funds being requested will be used only for construction costs. The local funds will be used for construction, construction management, and design costs. See attached. 7.10 p. 174 of 379 Resolution No. 2023-XX Page 2 Project Relation to Regional Policies (for information only) 17. Is the project in an Equity Priority Community? Yes☐ No☒ 18. Is this project in a Priority Development Area or a Transit-Oriented Community? Yes☐ No☒ 19. Project Budget and Schedule Project Eligibility A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes☒ No☐ If “YES,” identify the date and provide a copy or link to the agenda. If "NO," provide an explanation. Expected Date: B. Has the project been approved by the claimant's governing body? Yes☐ No☒ If "NO," provide expected date: May 15, 2023 C. Has this project previously received TDA Article 3 funding? Yes☐ No☒ (If "YES," provide an explanation on a separate page) D. For "bikeways," does the project meet Caltrans minimum safety design criteria Yes☐ No☐ pursuant to Chapter 1000 of the California Highway Design Manual? N/A☒ E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c), Yes☒ No☐ Existing Facility? 2. If “NO” above, is the project is exempt from CEQA for another reason? Yes☐ No☐ Cite the basis for the exemption. __________________________ N/A☒ If the project is not exempt, please check “NO,” and provide environmental documentation, as appropriate. F. Estimated Completion Date of project (month and year): June 2024 G. Have provisions been made by the claimant to maintain the project or facility, or has Yes☒ No☐ the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility, please identify below and provide the agreement. Project Phase TDA 3 Other Funds Total Cost Estimated Completion (month/year) Bike/Ped Plan ENV PA&ED PS&E ROW CON $220,000 $20,000 $240,000 06/2024 Total Cost $220,000 $20,000 $240,000 7.10 p. 175 of 379 Resolution No. 2023-XX Page 3 The City shall maintain the project. H. Is a Complete Streets Checklist required for this project ? Yes☐ No☒ If the amount requested is over $250,000 or if the total project phase or construction phase is over $250,000, a Complete Streets checklist is likely required. Please attach the Complete Streets checklist or record of review, as applicable. More information and the for may be found here: https://mtc.ca.gov/planning/transportation/complete-streets 7.10 p. 176 of 379 May 4, 2023 | 6:00 PM Page 1 of 4 Planning Commission Regular Meeting Agenda PLANNING COMMISSION REGULAR MEETING AGENDA Thursday, May 4, 2023 | 6:00 PM CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET, GILROY, CA 95020 Chair: Manny Bhandal: manny.bhandal@cityofgilroy.org Vice Chair: Annedore Kushner: annedore.kushner@cityofgilroy.org Commissioners: Stefanie Elle: stefanie.elle@cityofgilroy.org Adriana Leongardt: adriana.leongardt@cityofgilroy.org Joan Lewis: joan.lewis@cityofgilroy.org Kelly Ramirez kelly.ramirez@cityofgilroy.org Michelle Montez: michelle.montez@cityofgilroy.org Staff Liaison: Sharon Goei, Community Development Director | sharon.goei@cityofgilroy.org Written comments can be submitted by email to planningdivision@cityofgilroy.org Please note that written comments will not be read out loud, but will be part of the written record. Comments by the public will be taken on any agenda item before action is taken by the Planning Commission. Persons speaking on any matter are asked to state their name and address for the record. Public testimony is subject to reasonable regulations, including but not limited to time restrictions on particular issues and for each individual speaker. A minimum of 12 copies of materials should be provided to the Clerk for distribution to the Commission and Staff. Public comments are limited to no more than three-minutes, at the Chair’s discretion. Comments on any agenda item may be emailed to the Planning Division at planningdivision@cityofgilroy.org or mailed to the City of Gilroy, Community Development Department at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the Planning Division by 1:00 pm on the day of a Planning Commission meeting will be distributed to the Planning Commissioners prior to or at the meeting and are available for public inspection at the Planning Division counter at City Hall, 7351 Rosanna Street. Any correspondence received will be incorporated into the meeting record. Items received after the 1:00 pm deadline will be provided to the Planning Commission as soon as practicable. In compliance with the American Disabilities Act (ADA), 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 72 hours prior to the meeting at (408) 846-0491. A sound enhancement system is available in the City Council Chambers. Planning Commission Regular Meeting Agenda Page 2 of 4 May 4, 2023 | 6:00 PM 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 Planning Commission 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. Persons who wish to speak on matters set for Public Hearing will be heard when the presiding officer calls for comments from those persons who are in support of or in opposition thereto. After persons have spoken, the hearing is closed and brought to the Planning Commission level for discussion and action. There is no further comment permitted from the audience unless requested by the Planning Commission. A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9(b)(1) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City. Materials related to an item on this agenda submitted to the Planning Commission after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of Administration at City Hall, 7351 Rosanna Street during normal business hours. These materials are also available with the agenda packet on the City website at www.cityofgilroy.org 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 or by email at cityclerk@cityofgilroy.org. 1. OPENING 2. PLEDGE OF ALLEGIANCE 3. REPORT ON POSTING THE AGENDA AND ROLL CALL 4. PUBLIC COMMENTS (Three-minute time limit). This portion of the meeting is reserved for persons desiring to address the Planning Commission on matters not on the agenda. The law does not permit the Planning Commission action or extended discussion of any item not on the agenda except under special circumstances. Comments on any agenda item may be emailed to the Planning Division at planningdivision@cityofgilroy.org or mailed to Community Development Department at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the Planning Division by 1:00pm on the day of a Planning Commission meeting will be distributed to the Planning Commission prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Planning Division at City Hall, 7351 Rosanna Street prior to the meeting. Any correspondences received will be incorporated into the meeting Planning Commission Regular Meeting Agenda Page 3 of 4 May 4, 2023 | 6:00 PM record. Items received after 1:00pm deadline will be provided to the Planning Commission as soon as practicable. All statements that require a response will be referred to staff for reply in writing. PUBLIC HEARINGS FOR RELATED PROJECT APPLICATIONS WILL BE HEARD CONCURRENTLY AND ACTION WILL BE TAKEN INDIVIDUALLY. COMPANION PROJECTS UNDER NEW BUSINESS WILL BE TAKEN UP FOR ACTION PRIOR TO, OR IMMEDIATELY FOLLOWING THE RELATED PUBLIC HEARING. THIS REQUIRES DEVIATION IN THE ORDER OF BUSINESS AS NOTED WITHIN THE AGENDA. 5. CONSENT AGENDA 5.1. April 6, 2023 Planning Commission Meeting Minutes 5.2. April 20, 2023 Planning Commission Meeting Minutes 6. PUBLIC HEARINGS 6.1. Gilroy Square proposed Gilroy Crossings Phase II Planned Unit Development Zoning Amendment, Architectural and Site Plan Review, and Tentative Map for Property Located at 6970 Camino Arroyo (Z 22-01, AS 21- 13, TM 21-02). 1. Staff Report: Kraig Tambornini, Senior Planner 2. Open Public Hearing 3. Close Public Hearing 4. Disclosure of Ex-Parte Communications 5. Possible Action: Staff has analyzed the proposed project, and recommends that the Planning Commission: a) Consider and recommend that the City Council adopt the Mitigated Negative Declaration prepared for the project, based on findings required by the California Environmental Quality Act (CEQA); and b) Adopt a resolution recommending that the City Council approve the PUD Zoning Amendment Z 22-01 for Gilroy Crossings Phase II as requested; and c) Adopt a resolution recommending that the City Council approve the Architectural and Site Review AS 21-13 for the Planned Unit Development, subject to certain findings and conditions; and d) Adopt a resolution recommending that the City Council approve the Tentative Map TM 21-02, subject to certain findings and conditions. 7. NEW BUSINESS 7.1. Finding of Consistency for the Capital Improvement Program for Fiscal Year 2024 through Fiscal Year 2028 to Determine its Consistency with the City’s General Plan and the California Environmental Quality Act (CEQA) 1. Staff Report: Daryl Jordan, Public Works Director 2. Open Public Comment Planning Commission Regular Meeting Agenda Page 4 of 4 May 4, 2023 | 6:00 PM 3. Close Public Comment 4. Possible Action: Staff has analyzed the proposed project, and recommends that the Planning Commission: a) Receive report on proposed Capital Improvement Program (CIP) Fiscal Year 2024 through Fiscal Year 2028; and b) Adopt a Resolution to make a Finding of Consistency with the General Plan. (roll call vote) 7.2. Planning Commission Review of a Resolution of the City Council of the City of Gilroy Requesting the Allocation of Fiscal Year 2024 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding from the Metropolitan Transportation Commission 1. Staff Report: Susana Ramirez, Engineer I 2. Open Public Comment 3. Close Public Comment 4. Possible Action: Receive report, provide feedback, and recommend City Council adopt a resolution to approve the Transportation Development Act Article 3 grant funding request from the Metropolitan Transportation Commission for Fiscal Year 2024. 8. INFORMATIONAL ITEMS 8.1. Planning Division Staff Approvals 9. PLANNING DIVISION REPORT 10. ASSISTANT CITY ATTORNEY REPORT 11. ADJOURNMENT To the Next Meeting of June 1, 2023 at 6:00 PM Page 1 of 3 City of Gilroy STAFF REPORT Agenda Item Title:Reject Bids for the San Ysidro Lighting/Picnic Area Improvements, Project No. 23-PW-277 Meeting Date:May 15, 2023 From:Jimmy Forbis, City Administrator Department:Public Works Submitted By:Daryl Jordan, Public Works Director Prepared By:Susana Ramirez, Engineer I STRATEGIC PLAN GOALS Ensure Neighborhood Equity from City Services RECOMMENDATION Reject all bids for the San Ysidro Lighting/Picnic Area Improvements, Project No. 23- PW-277, and rebid the project. EXECUTIVE SUMMARY On December 9, 2022, staff advertised the San Ysidro Lighting/Picnic Area Improvements, Project No. 23-PW-277 (Project), in the San Jose Mercury Newspaper, ARC Document Solutions, and on the City’s website. Staff received four bids for the project, and VNH Builders was found to be the lowest responsive bidder. After the City contacted VNH Builders with the intent to award the project, the owner reported that they were unable to perform the work and rejected the City’s notice of intent to award. The City’s purchasing policy dictates that the next qualified, responsible bidder be evaluated for the contract award. The second and next lowest bid from Tyman Construction was more than three times the grant funding allocation and was therefore deemed financially unreasonable. Staff recommends that all the bids be rejected to allow for a new bidding opportunity. Per the City’s procurement policy, a rejection of all bids must be approved by the City Council. 7.11 p. 182 of 379 Reject Bids for the San Ysidro Lighting/Picnic Area Improvements, Project No. 23-PW-277 City of Gilroy City Council Page 2 of 3 May 15, 2023 BACKGROUND The State of California Department of Parks and Recreation Office of Grants and Local Services allocates grant funds to cities and counties based on population with two grant programs under Proposition 68: 1) The General Per Capita Program and 2) the Urban County Per Capita. On August 10, 2020, the City was notified that it received an allocation under the Proposition 68 General Per Capita Grant Program. The City’s total allocation amount from the General Per Capita Program is $177,952, and $34,182 from the Urban County Per Capita for a total of $212,134. The City applied for funding in October 2020 for the San Ysidro Lighting/Picnic Area Improvement Project and the Gilroy Sports Park Playground Surface Repair Project. The San Ysidro Lighting/Picnic Area Improvements Project would install/construct recreation features and support amenities at San Ysidro Park that are consistent with the Park and Recreation Master Plan’s goal to “Pursue a variety of financing mechanisms for acquisition, development, long-term operations and maintenance of the parks and recreation system.” The San Ysidro Lighting/Picnic Area Improvements Project, Project No. 23-PW-277, received $133,384 from this allocation, which will assist in the upgrade of lighting and picnic area facilities at San Ysidro Park. ANALYSIS On October 19, 2020, the City Council approved Resolution 2020-64, which approved the filing of the project application. On December 9, 2022, staff advertised the Project in the San Jose Mercury News, ARC Document Solutions, and on the City’s website with a bid opening date of January 4, 2023. One addendum was issued on December 22, 2022, containing answers to five project questions. Staff received four bids for the project. A summary of the bid results is shown below: RANK COMPANY NAME TOTAL BID AMOUNT 1 VNH Builders $226,795.00 2 Tyman Construction $494,465.00 3 Galeb Paving, Inc $505,217.50 4 I Tech Solution $605,987.00 The lowest responsive bidder was VNH Builders, with a total bid of $226,795; however, VNH Builders rejected the notice of intent to award (Attachment 1). 7.11 p. 183 of 379 Reject Bids for the San Ysidro Lighting/Picnic Area Improvements, Project No. 23-PW-277 City of Gilroy City Council Page 3 of 3 May 15, 2023 The re-bid proposal will be reduced by eliminating the shaded structure from the scope of work, thus reducing the cost estimate. This item will be added to the San Ysidro Park Healthy Living Enhancement Project, funded by the Community Project Funding Grant. ALTERNATIVES Council could choose to approve the second lowest bid. Staff does not recommend this option, as the second lowest bid is $267,670 greater. FISCAL IMPACT/FUNDING SOURCE There is no fiscal impact to rejecting the bids. The project will be re-bid in FY24, included in the recommended FY24 -FY28 Capital Improvement Program (CIP), and budgeted within the Capital Projects Fund (400). The City will fund the cost of the project initially and staff will invoice the State of California Department of Parks and Recreation’s OGALS Division the amount of $133,384 for reimbursement to the City. NEXT STEPS With Council approval, all bids will be rejected, and the project will be rebid. Attachments: 1. VNH Builders Letter of Rejection 7.11 p. 184 of 379 Response to Letter of Award Friday, January 20, 2023 Dear Matt Jones, We regret to inform you that we cannot perform the scope of work on your project for the proposed budget. Our firm missed a key component during estimation, and we have discovered we cannot recover our expense to provider line item 9 of our bid proposal. I want to personally thank you for your consideration of this project and wish you the utmost success on a future RFP. Please keep us in mind and do not hesitate to call us with any questions or concerns. Cordially, Branum Spliethof | VNH Builders 842 Mahler Road License #1064244 Burlingame, CA 94010 Cell: (707) 536-5139 7.11 p. 185 of 379 Page 1 of 2 City of Gilroy STAFF REPORT Agenda Item Title:Adoption of an Ordinance amending the Gilroy City Code, Chapter 30 (Zoning), Article XLI Section 30.41.32 (Specific Provisions—Emergency Shelters), Article II Section 30.2.20 (Definitions), and Article XI Section 30.11.10C (Residential Use Table) regarding Emergency Shelters (Z 23-03) Meeting Date:May 15, 2023 From:Jimmy Forbis, City Administrator Department:Community Development Submitted By:Sharon Goei, Community Development Director Prepared By:Cindy McCormick, Customer Service Manager STRATEGIC PLAN GOALS Promote Safe Affordable Housing for All RECOMMENDATION Adopt an ordinance amending the Gilroy City Code, Chapter 30 (Zoning), Article XLI Section 30.41.32 (Specific Provisions—Emergency Shelters), Article II Section 30.2.20 (Definitions), and Article XI Section 30.11.10C (Residential Use Table) regarding Emergency Shelters (Z 23-03). ANALYSIS At the May 1, 2023 City Council Regular Meeting, the City Council considered and introduced an ordinance amending the Gilroy City Code, Chapter 30 (Zoning), Article XLI Section 30.41.32 (Specific Provisions—Emergency Shelters), Article II Section 30.2.20 (Definitions), and Article XI Section 30.11.10C (Residential Use Table) regarding Emergency Shelters (Z 23-03). The Council motioned to read the ordinance by title only, waived further reading of the ordinance, and then introduced the ordinance (with a 6-0 vote with one (1) absent). No modifications to the draft ordinance were proposed by the Council. 7.12 p. 186 of 379 Adoption of an Ordinance amending the Gilroy City Code, Chapter 30 (Zoning), Article XLI Section 30.41.32 (Specific Provisions—Emergency Shelters), Article II Section 30.2.20 (Definitions), and Article XI Section 30.11.10C (Residential Use Table) regarding Emergency Shelters (Z 23-03) City of Gilroy City Council Page 2 of 2 May 15, 2023 Council is now asked to adopt the ordinance consistent with its May 1, 2023 action. The Ordinance will take effect thirty (30) days from the date of Council action. Attachments: 1. Proposed Ordinance 7.12 p. 187 of 379 ORDINANCE NO. 2023-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE GILROY CITY CODE, CHAPTER 30 (ZONING), ARTICLE XLI SECTION 30.41.32 (SPECIFIC PROVISIONS— EMERGENCY SHELTERS), ARTICLE II SECTION 30.2.20 (DEFINITIONS), AND ARTICLE XI SECTION 30.11.10(C) (RESIDENTIAL USE TABLE) REGARDING EMERGENCY SHELTERS WHEREAS, the Gilroy City Code Chapter 30 (Zoning), Article XLI Section 30.41.32 (Specific provisions—Emergency shelters), Article II Section 30.2.20 (Definitions), and Article XI Section 30.11.10(c) (Residential use table) currently regulate emergency shelters within the city; and WHEREAS, State Planning and Zoning Law requires the City of Gilroy to adopt a comprehensive, long-term general plan for the physical development of the city that includes a housing element; and WHEREAS, State law requires that the housing element identify adequate sites for housing, including emergency shelters; and WHEREAS, Assembly Bill No. 2339, CHAPTER 654 was approved by the Governor and filed with the Secretary of State on September 28, 2022, and amended Sections 65583 and 65863 of the Government Code; and WHEREAS, Assembly Bill No. 2339 revises the requirements of the housing element, in connection with zoning designations that allow residential use, including mixed use, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit; and WHEREAS, Assembly Bill No. 2339 requires that emergency shelters only be subject to specified written, objective standards; and WHEREAS, Assembly Bill No. 2339 specifies that the definition of emergency shelter shall include other interim intervention, including, but not limited to, navigation centers, bridge housing, and respite or recuperative care; and WHEREAS, Assembly Bill No. 2339 requires an amendment to Gilroy City Code Chapter 30 (Zoning), Article XLI Section 30.41.32 (Specific provisions— Emergency shelters), Article II Section 30.2.20 (Definitions), and Article XI Section 30.11.10(c) (Residential use table); and WHEREAS, adoption of the Zoning Ordinance text amendment is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) in that it can be seen with certainty that the Zoning Ordinance text amendment would not result in a significant environmental effect, and none of the circumstances set forth in CEQA Guidelines Section 15300.2 applies; and 7.12 p. 188 of 379 Ordinance No. 2023-04 Emergency Shelter Amendment Ordinance City Council Regular Meeting | May 15, 2023 Page 2 of 6 WHEREAS, on April 20, 2023 the Planning Commission held a duly noticed public meeting, at which time the Planning Commission received and considered the staff report as well as all evidence received including written and oral public testimony related to the proposed Zoning Amendment (Z 23-03); and WHEREAS, on April 20, 2023 the Planning Commission recommended the City Council approve Zoning Amendment X 23-03 amending Gilroy City Code Chapter 30 (Zoning), Article XLI Section 30.41.32 (Specific provisions—Emergency shelters), Article II Section 30.2.20 (Definitions), and Article XI Section 30.11.10(c) (Residential use table) regarding emergency shelters; and WHEREAS, the City Council held a duly noticed public hearing on May 1, 2023, at which time the City Council received and considered the zoning ordinance text amendment, took and considered written and oral public testimony including the staff report, and all other documentation related to the proposed Zoning Amendment (Z 23- 03); and WHEREAS, in accordance with City of Gilroy Chapter 30 (Zoning), Article LII (Amendment to the Zoning Ordinance), the Planning Commission has recommended, and the City Council finds, that the proposed Zoning Ordinance text amendment is necessary to carry out the general purpose of the Zoning Ordinance, and applicable General Plan goals and policies including Gilroy 2040 General Plan Land Use Goal LU 3 to provide a variety of housing types that offer choices for Gilroy residents and create complete, livable neighborhoods; Gilroy 2015-2023 Housing Element Goal H-1 (Housing Production) to provide adequate residential sites to accommodate projected housing needs and encourage the production of a variety of housing types; and Gilroy 2015-2023 Housing Element Goal H-2 (Affordable Housing) to encourage and support the provision of affordable housing in Gilroy; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which the project approval is based is the office of the City Clerk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Gilroy City Code, Chapter 30 (Zoning), Article XLI, Section 30.41.32 is hereby modified as follows: 30.41.32 Specific provisions—Emergency shelters. In addition to the development standards in the underlying zoning district, the following standards apply to emergency shelters. In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply. 7.12 p. 189 of 379 Ordinance No. 2023-04 Emergency Shelter Amendment Ordinance City Council Regular Meeting | May 15, 2023 Page 3 of 6 (a) On-Site Management and Security Plan. The emergency shelter shall provide on-site management and security during all hours that the emergency shelter is in operation. A management plan is required for all emergency shelters to address management experience, good neighbor issues, transportation, client supervision, screening of clients to ensure compatibility with the services provided at the facility, food services, security, and training, counseling and treatment programs for clients. Such plan shall be submitted to and approved by the planning manager and police chief prior to operation of the emergency shelter. The plan shall include a floor plan that demonstrates compliance with the physical standards of this section. The operator of each emergency shelter shall annually submit the management plan with updated information for review and approval. (b) Maximum Number of Beds. The maximum number of beds permitted to be served nightly by the facility emergency shelter shall not be limited. However, the number of beds within any single room in a of the emergency shelter shall not exceed fifty (50) unless a larger number is approved on a temporary basis in advance by the planning manager community development director and police chief. A floor plan that includes the maximum number of beds proposed for the emergency shelter shall be included in the application for a building permit. (c) Exterior and Interior Onsite Waiting and Client Intake Area. An indoor intake area shall be provided and be of sufficient size to accommodate the maximum number of clients anticipated to request sheltering at any given time in addition to providing the minimum interior floor area required to comply with the maximum occupant load requirements of the California Building Code. In addition, an exterior area shall be provided for clients waiting for the shelter to open. The waiting area shall be of sufficient size to accommodate the maximum number of clients anticipated to be waiting for the shelter to open at any given time. Theis exterior waiting area shall be physically separated and visually screened from the public right-of-way. The method for determining the maximum number of clients requesting sheltering and the number of clients and waiting for the shelter to open shall be included in the shelter management plan and approved by the planning manager and police chief. A site plan and floor plan that includes the size and location of the exterior and interior onsite waiting and intake areas shall be included in the application for a building permit. (d) Parking. One (1) parking stall shall be provided per employee and volunteer on the shift with the greatest number of employees and volunteers, provided that the total number of parking stalls does not exceed the minimum parking that would be required for other residential or commercial uses within the same zone. In addition, one (1) parking stall shall be provided for every ten (10) beds in the shelter. (e) Lighting. Parking lots and pedestrian walkways of shelters that are open after dusk shall provide lighting of a minimum horizontal illumination of two (2) foot candles for those areas. 7.12 p. 190 of 379 Ordinance No. 2023-04 Emergency Shelter Amendment Ordinance City Council Regular Meeting | May 15, 2023 Page 4 of 6 (f) Length of Stay. The maximum length of stay shall be limited to one hundred eighty (180) days per calendar year or less [Health and Safety Code Section 50801(e)]. (g) Proximity to Other Emergency Shelters. The minimum distance between emergency shelters shall be 300 feet. (h) Location. Emergency Shelters shall be permitted by right in the R4 zone district and areas designated Mixed Use (MU) on the Gilroy 2040 General Plan land use diagram. SECTION II Gilroy City Code, Chapter 30 (Zoning), Article II, Section 30.2.20 is hereby modified as follows: 30.2.20 (Definitions) “Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of one hundred eighty (180) days per calendar year or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. [Health and Safety Code Section 50801(e)] The definition of emergency shelter includes other interim interventions, including, but not limited to, a navigation center, emergency bridge housing, and respite or recuperative care. “Emergency bridge housing” means any new or existing facilities, including, but not limited to, housing in temporary structures, including, but not limited to, emergency sleeping cabins consistent with the requirements of subdivision (h) of Section 8698.3 that are reserved for homeless persons and families, together with community support facilities, including, but not limited to, showers and bathrooms adequate to serve the anticipated number of residents all of which may be located on property leased or owned by a political subdivision. An emergency bridge housing community shall include supportive and self- sufficiency development services, have the ultimate goal of moving homeless persons to permanent housing as quickly as reasonably possible, and limit rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons. “Navigation center” means Housing First, low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. SECTION III 7.12 p. 191 of 379 Ordinance No. 2023-04 Emergency Shelter Amendment Ordinance City Council Regular Meeting | May 15, 2023 Page 5 of 6 Gilroy City Code, Chapter 30 (Zoning), Article XI, Section 32.11.10(c). is hereby modified as follows: 30.11.10(c) (Residential use table) A1 RR R1 R2 R3 R4 RH ND Community Garden X X X X X X * Emergency Shelter7 C C C C C C X C * Golf Course or County Club C C C C C C * * = Refer to the master plan or specific plan adopted for the neighborhood district area in which the property is located. 7 Emergency shelters shall be subject to the performance standards listed in section 30.41.32. Emergency Shelters shall be permitted by right in the R4 zone district and areas designated Mixed Use (MU) on the Gilroy 2040 General Plan land use diagram. Additionally, emergency shelters in the agriculture and residential zoning districts shall only serve families. For the purpose of this section, a “family” is defined as having one (1) or more individuals under eighteen (18) years of age who reside with a parent or with another person with care and legal custody of that individual (including foster parents) or with a designee of that parent or other person with legal custody. Family also includes a pregnant woman or a person who is in the process of adopting or otherwise securing legal custody of any individual under eighteen (18) years of age. SECTION IV If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby. SECTION V Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption. 7.12 p. 192 of 379 Ordinance No. 2023-04 Emergency Shelter Amendment Ordinance City Council Regular Meeting | May 15, 2023 Page 6 of 6 PASSED AND ADOPTED this 15th day of May 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 7.12 p. 193 of 379 Page 1 of 2 City of Gilroy STAFF REPORT Agenda Item Title:Adoption of an Ordinance of the City Council of the City of Gilroy Amending Sections 10.A15 (a) and (c) of the Gilroy City Code Relating to Host Liability for Illegal Fireworks and Illegal Use of Legal Fireworks Meeting Date:May 15, 2023 From:Jimmy Forbis, City Administrator Department:Community Development Submitted By:Sharon Goei, Community Development Director Prepared By:Monica Sendejas, Management Analyst STRATEGIC PLAN GOALS Ensure Neighborhood Equity from City Services RECOMMENDATION Adopt an ordinance of the City Council of the City of Gilroy amending Gilroy City Code Sections 10A.15 (a) and (c) to strengthen the ability to enforce a host liability for illegal fireworks and illegal use of legal fireworks on public streets. BACKGROUND At the May 1, 2023 City Council Regular Meeting, an ordinance amending the City Code was introduced that would strengthen the ability to enforce a host liability for illegal fireworks and illegal use of legal fireworks on public streets. Adoption of the amendments contained in the ordinance will assist the City in attaining compliance regarding the prohibition of illegal fireworks in Gilroy. The ordinance will hold property owners or those with possessory interest in the property (rent, lease, permitted event, etc.) accountable for the illegal use of fireworks that occur on the property or the public street adjacent to their property. This will provide deterrence for property owners and renters to ensure that the illegal use of fireworks does not occur on their property or on public streets adjacent to their property. 7.13 p. 194 of 379 Adoption of an Ordinance of the City Council of the City of Gilroy Amending Sections 10.A15 (a) and (c) of the Gilroy City Code Relating to Host Liability for Illegal Fireworks and Illegal Use of Legal Fireworks City of Gilroy City Council Page 2 of 2 May 15, 2023 ANALYSIS A detailed analysis is included in the attached staff report from the introduction of the proposed ordinance at the May 1, 2023 City Council Regular Meeting. The Council motioned to read the ordinance by title only, waived further reading of the Ordinance, and then introduced the ordinance. No modifications to the draft ordinance were proposed by the Council. ALTERNATIVES Council may choose not to adopt the ordinance. This is not recommended, as the proposed Ordinance was constructed from feedback from the City Council. Rejection of the adoption of the amendments to the Ordinance will maintain the current ability to uphold citations during appeal hearings when illegal fireworks were discharged in public streets but not reach the anticipated heightened ability should the Ordinance be adopted. FISCAL IMPACT/FUNDING SOURCE The fiscal impact of the amendments is projected to be net neutral. PUBLIC OUTREACH The Ordinance amendments’ introduction and adoption were advertised and discussed publicly at the May 1, 2023 City Council Regular Meeting. The amendments to the City Code were included on the publicly posted agendas for the May 1, 2023, and May 15, 2023 City Council Regular Meetings. NEXT STEPS If adopted, community engagement efforts will be undertaken to share this information with the community between the adoption and the July 4th holiday. The Ordinance would go into effect 30 days after adoption. Attachments: 1. Proposed Ordinance 2. May 1, 2023 Ordinance Introduction Staff Report 7.13 p. 195 of 379 ORDINANCE NO. 2023-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTIONS 10A.15 (a) AND (c) OF THE GILROY CITY CODE RELATING TO HOST LIABILITY FOR ILLEGAL FIREWORKS AND ILLEGAL USE OF LEGAL FIREWORKS WHEREAS, the City of Gilroy (City) may adopt regulations to protect the health, safety, and welfare of the public under California Constitution Article XI, Section 7, and California Government Code Section 37100, and thereby is authorized to declare what use or condition constitutes a public nuisance; and WHEREAS, the City has the authority under California Government Code Section 53069.4 to issue administrative citations for violations of the City’s ordinances; and WHEREAS, pursuant to Chapter 10A, entitled Fireworks, of the Gilroy City Code (City Code), the City currently prohibits the sale, possession and use of “dangerous fireworks” as defined by state law, within the City and permits the discharge of safe and sane fireworks, as defined by state law, within the City only during the hours between 9:00 AM July 1st and 10:00 PM July 4th, and WHEREAS, the City periodically reviews its ordinances to ensure that they are achieving their aims, while continuing to adhere to legal requirements; and WHEREAS, The City Council of the City of Gilroy finds that the aims of City Code Chapter 10A would be better achieved by penalizing not only those individuals who use fireworks in violation of the City Code, but also those individuals who allow such illegal use on property that they either own or control; and WHEREAS, Sections 10A.15 (a) and (c) do not currently address host liability for possession, ignition, explosion, discharge, use, evidence of use or display of any illegal fireworks on the public street adjacent to the occupant’s private real property; and WHEREAS, the City has experienced an increased use of illegal fireworks around the 4th of July period each year and wishes to strengthen the ordinance to reduce the likelihood of injuries or property damage as a result of these illegal fireworks; and WHEREAS, the City desires to amend the “host liability” regulation in order to ensure those who have possession of a residence or other property are held legally responsible for dangerous illegal firework possession and use on that property and the public street adjacent to their property; and WHEREAS, the City Council finds that holding property owners responsible for illegal firework use is necessary to protect the health, safety, and welfare of the public; and WHEREAS, the City Council desires to amend and update its City Code to reflect the current needs of the City, and to ensure the health, safety, and welfare of the public. 7.13 p. 196 of 379 Ordinance No. 2023-XX Amendment to Host Liability for Illegal Fireworks and Illegal Use of Legal Fireworks City Council Regular Meeting | May 15, 2023 Page 2 of 4 5 5 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I The foregoing recitals are true and correct and are incorporated herein by this reference. SECTION II Section 10A.15 (a) of the Gilroy City Code is hereby amended to read as follows: 10A.15 Host liability. (a) The term “host” in this Section shall mean the following: (1) An owner of any private residential or non-residential real property in the City; or (2) Any person who has the right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; or (3) Any person who hosts, allows, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property. (4) Any occupant of any private residential or nonresidential real property in the city who hosts, allows, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on private property that results in a violation of this chapter on the public street adjacent to the occupant’s private real property. (5) A person need not be present at the property or any such gathering resulting in the response giving rise to the imposition of civil fines or civil fees for response costs. Prior knowledge of the illegal use of fireworks is not a prerequisite to a finding that any specific individual is a responsible host as defined by this section. Section 10A.15 (c) of the Gilroy City Code is hereby amended to read as follows: (c) Any host shall be strictly liable for any unlawful possession, ignition, explosion, discharge, use, evidence of use, or display of any fireworks in violation of this chapter on their property, the public street adjacent to their property, or at their gathering, except that no person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract shall be liable for a violation of this chapter occurring in the common area 7.13 p. 197 of 379 Ordinance No. 2023-XX Amendment to Host Liability for Illegal Fireworks and Illegal Use of Legal Fireworks City Council Regular Meeting | May 15, 2023 Page 3 of 4 5 5 3 of the property unless the person hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering at which the violation occurs. SECTION III Except as set forth in this Ordinance, all other provisions of the Gilroy Charter and City Code shall remain in full force and effect. SECTION IV This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City of any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION V If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this ordinance, and each section, subsection, sentence, clause or phrases hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION VI This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk is hereby directed to publish this Ordinance or a summary thereof pursuant to Government Code Section 36933. 7.13 p. 198 of 379 Ordinance No. 2023-XX Amendment to Host Liability for Illegal Fireworks and Illegal Use of Legal Fireworks City Council Regular Meeting | May 15, 2023 Page 4 of 4 5 5 3 PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the __ day of May 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 7.13 p. 199 of 379 Page 1 of 4 City of Gilroy STAFF REPORT Agenda Item Title:Introduction and First Reading of an Ordinance of the City Council of the City of Gilroy Amending Sections 10A.15 (a) and (c) of the Gilroy City Code Relating to Host Liability for Illegal Fireworks and Illegal Use of Legal Fireworks Meeting Date:May 1, 2023 From:Jimmy Forbis, City Administrator Department:Community Development Submitted By:Sharon Goei, Community Development Director Prepared By:Monica Sendejas, Management Analyst STRATEGIC PLAN GOALS Not Applicable RECOMMENDATION Following the reading of the title of the ordinance by the City Clerk, move to waive the first reading of the ordinance beyond the title and introduce the ordinance of the City Council of the City of Gilroy amending Gilroy City Code Sections 10A.15 (a) and (c) to strengthen the ability to enforce a host liability for illegal fireworks and illegal use of legal fireworks on public streets. EXECUTIVE SUMMARY On February 27, 2023, staff presented a report on the Administrative Citations issued for illegal fireworks usage in Gilroy in July 2022. Based on the information presented to City Council in that report, including the feedback provided by the Hearing Officer after the Appeal Hearings, City Council directed staff to return with recommendations to strengthen the Fireworks Ordinance by amending the Host Liability for Illegal Fireworks. Adoption of the proposed amendments to the Ordinance for illegal fireworks will assist the City in attaining compliance regarding the prohibition of illegal fireworks in Gilroy. The Ordinance will hold property owners, or those with possessory interest in the property (rent, lease, permitted event, etc.) accountable for illegal use of fireworks that occur on the property or the public street adjacent to their property. This will provide a 7.13 p. 200 of 379 Introduction and First Reading of an Ordinance of the City Council of the City of Gilroy Amending Sections 10A.15 (a) and (c) of the Gilroy City Code Relating to Host Liability for Illegal Fireworks and Illegal Use of Legal Fireworks City of Gilroy City Council Page 2 of 4 May 1, 2023 deterrence for property owners and renters to ensure that the illegal use of fireworks does not occur on their property or public street adjacent to their property. BACKGROUND Increased use of illegal fireworks, especially around the July 4th period, continues to be a problem in Gilroy and other jurisdictions in California. In July 2022, sixty-one (61) citations were issued, twenty-seven (27) citations were appealed with eleven (11) of these citations being upheld by Administrative Decision (41%). This was a significant improvement over 2020, when the rate of citations upheld was 10%. The improvement was attributed to the modification in the City’s Fireworks Ordinance adopted in April 2022 and the presence of video evidence and/or citing officers at appeal hearings. Following the 2022 Appeal Hearings, the Hearing Officer provided the following feedback about the Ordinance: •When fireworks were discharged in the public street, mere ownership of the adjacent private property is insufficient to create host strict liability. •When illegal fireworks are discharged in the street or not on private property, the Ordinance can be strengthen by adding language that the person “possesses fireworks” or “presents evidence of use of fireworks” and by adding language that includes the adjacent street. Fire danger from illegal fireworks to structures and open space vegetation poses a clear threat to public health, safety, and the general welfare of the City’s residents and businesses. The use of illegal fireworks adversely impacts the quality of life of our community members, particularly those who suffer from post-traumatic stress disorder (PTSD) and those who own pets. The intent of strengthening of the Fireworks Ordinance is to allow greater ability for attaining compliance with fireworks regulations and yielding a higher success rate in the appeals process. ANALYSIS Educational messaging reminding the public of what types of fireworks are permitted, when and where they can be used, and how to safely use them have been and will continue to be a main method to prevent illegal fireworks usage. Increased presence and enforcement activity during the July 4th period are also needed. City Council adopted a Host Liability for Illegal Fireworks Ordinance in April 2022 to assist the City in attaining compliance regarding the prohibition of illegal fireworks in Gilroy. The Ordinance holds property owners, or those with possessory interest in the property (rent, lease, permitted event, etc.) accountable for illegal use of fireworks that occur on a property or in association with a property. It was designed to apply to any person who has the right to use, possess or occupy a public or private property under a lease, permit, license, rental agreement, or contract. Additionally, the Ordinance can be applied to any person who hosts, organizes, supervises, officiates, conducts, or accepts 7.13 p. 201 of 379 Introduction and First Reading of an Ordinance of the City Council of the City of Gilroy Amending Sections 10A.15 (a) and (c) of the Gilroy City Code Relating to Host Liability for Illegal Fireworks and Illegal Use of Legal Fireworks City of Gilroy City Council Page 3 of 4 May 1, 2023 responsibility for a gathering on public or private property. The Ordinance was intended to provide a deterrence to property owners and renters to ensure that the illegal use of fireworks does not occur on their property. Violations of the ordinance were subject to an administrative citation carrying a fine in the amount of $1,000 for the first violation and $2,000 for every subsequent violation. The results of the July 2022 Fireworks Citation appeal hearings showed that the Ordinance needed to be strengthened as it relates to illegal fireworks being discharged in the public street. Enforcement Officers and the Deputy Fire Marshal attended each hearing and provided testimony as to why a citation was issued. In sixteen of the twenty-seven (16 of 27) appeal cases, drone video and/or officer body camera footage was submitted into evidence. Seven of the sixteen (7 of 16) appeal cases with drone video and/or officer body camera had citations dismissed because the illegal fireworks were launched in the street and a connection could not be made to host liability. The proposed update to the Gilroy City Code incorporates feedback provided from the Hearing Officer after the 2022 appeal hearings and specifically incorporates language for when the fireworks are discharged in the public street. The proposed amendments to Sections 10A.15 (a) and (c) are in shown below with strikethrough indicating language to be removed and underlining indicating new language to be added. 10A.15 Host liability. (a) The term “host” in this section shall mean any of the following: (1) An owner of any private residential or nonresidential real property in the city; or (2) Any person who has the right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract: or (3) Any person who hosts, allows, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property (4) Any occupant of any private residential or nonresidential real property in the city who hosts, allows, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on private property that results in a violation of this chapter on the public street adjacent to the occupant’s private real property. (4)(5) A person need not be present at the property or any such gathering resulting in the response giving rise to the imposition of civil fines or civil fees for response costs. Prior knowledge of the illegal use of fireworks is not a prerequisite to a finding that any specific individual is a responsible host as defined by this section. (c) Any host shall be strictly liable for any unlawful possession, ignition, explosion, discharge, use, or display of any fireworks in violation of this chapter on their property, 7.13 p. 202 of 379 Introduction and First Reading of an Ordinance of the City Council of the City of Gilroy Amending Sections 10A.15 (a) and (c) of the Gilroy City Code Relating to Host Liability for Illegal Fireworks and Illegal Use of Legal Fireworks City of Gilroy City Council Page 4 of 4 May 1, 2023 the public street adjacent to their property, or at their gathering, except that no person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract shall be liable for a violation of this chapter occurring in the common area of the property unless the person hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering at which the violation occurs. ALTERNATIVES Council may modify or reject the proposed amendments to the Ordinance. Rejection of the amendments to the Ordinance is not recommended, as it would reduce the ability to uphold citations during appeal hearings. FISCAL IMPACT/FUNDING SOURCE The adoption of the amendments to the Ordinance provides additional authority for the Hearing Officer to uphold a fireworks citation but does not obligate any additional resources to be used. The amendments to the Ordinance may result in more citations being upheld. The amendments may also increase deterrence and thus decrease the overall illegal use of fireworks. The fiscal impact of the amendments is projected to be net neutral. PUBLIC OUTREACH If and when adopted, community engagement efforts will be undertaken to share this information with the community between the adoption and the July 4th holiday. NEXT STEPS If the amendments are accepted and Council introduces the Ordinance, the Ordinance will return to the Council at the next regular meeting for adoption. The Ordinance would go into effect 30 days after adoption. Attachments: 1. Draft Ordinance amending Sections 10A.15 (a) and (c) of the Gilroy City Code relating to Host Liability for Illegal Fireworks and Illegal Use of Legal Fireworks 2. February 27, 2023 Fireworks Citations Staff Report 7.13 p. 203 of 379 Page 1 of 4 City of Gilroy STAFF REPORT Agenda Item Title:Award of Contract to Hill International to Manage the Design of 21 CIP Projects for the Capital Improvement Program Project Management Services (No. 23-RFP- PW-476) in the amount of $1,160,088 with a Project Contingency of $119,912 (~10%) and Approve a Total Project Expenditure of $1,280,000 Meeting Date:May 15, 2023 From:Jimmy Forbis, City Administrator Department:Public Works Submitted By:Daryl Jordan, Public Works Director Prepared By:Julie Oates, Engineer II STRATEGIC PLAN GOALS Maintain and Improve City Infrastructure RECOMMENDATION Award a contract to Hill International in the amount of $1,160,088 with a project contingency of $119,912 (approximately 10%) for the Capital Improvement Program Project Management Services, Project No. 23-RFP-PW-476, and authorize the City Administrator to execute the contract and associated documents. EXECUTIVE SUMMARY The City adopted a FY21-25 Capital Improvement Program (CIP) in November 2020. Several of the funded projects from FY21 and FY22 have not yet started their design phase. Staff solicited a Request for Proposals (RFP) for Capital Improvement Program Project Design Management Services. Staff recommends proceeding with Hill International to project manage the design of these funded CIP projects. In total there are twenty-one CIP projects worth over twenty-three million dollars that will be designed through support from Hill International. Funding for the CIP Project Management Services will be from sewer, water, traffic impact, storm drain impact, and sewer impact funds. No general fund money will be used to fund this project. 8.1 p. 204 of 379 Award of Contract to Hill International for the Capital Improvement Program Project Management Services (No. 23-RFP-PW-476) in the amount of $1,160,088with a Project Contingency of $119,112 (~10%) and Approve a Project Expenditure of $1,280,000 City of Gilroy City Council Page 2 of 4 May 15, 2023 BACKGROUND The City Council adopted the City of Gilroy’s FY21-25 Capital Improvement Program (CIP) on November 16, 2020. Public Works would like to advance the design of funded FY21 and FY22 projects that have not yet started. To accomplish this, there is a need to hire a consultant to provide professional services for managing the design of these projects. This need is due to limited staffing and the need for focused higher-level design expertise. In total, twenty-one projects needing design work are included in this project. The specific projects include: Project Type CIP Project Number Project Name Water 800250 Casey and Swanston Water Line Replacement Water 800590 Broadway and Sargent Water Line Replacement Water 800600 Church and Gurries Water Line Replacement Water 800610 Church Street – Welburn to First Water Line Replacement Water 800620 Forest and Eight Water Line Replacement Water 800640 Monterey and Eighth Water Line Replacement Water 800660 Murray at Burke Water Line Reroute Water 900740 Monterey - Leavesley to Ronan Water Line Replacement Signal 800350 Luchessa/Church Traffic Signal Installation Signal 800360 Mantelli/Kern Traffic Signal Installation Signal 800370 Monterey/I.O.O.F. Traffic Signal Installation Signal 800440 Automall/Luchessa Traffic Signal Installation Signal 800480 First/Kern Traffic Signal Installation Sewer 800510 Asbestos Cement Sewer Pipe Replacement Citywide Sewer 800520 Carmel-Dowdy Alley – Sixth to Seventh Sewer Replacement Sewer 800530 Large Diameter Sewer Rehabilitation Citywide Sewer 800550 Old Gilroy – Chestnut to Forest Sewer Upgrade Sewer 800560 Seventh St – Carmel-Dowdy to Hanna-Rosanna Alleys Sewer Replacement Sewer SW2402 Joint Morgan Hill-Gilroy Trunk Line Repairs 8.1 p. 205 of 379 Award of Contract to Hill International for the Capital Improvement Program Project Management Services (No. 23-RFP-PW-476) in the amount of $1,160,088with a Project Contingency of $119,112 (~10%) and Approve a Project Expenditure of $1,280,000 City of Gilroy City Council Page 3 of 4 May 15, 2023 Storm 800400 Monterey and Luchessa Storm Drain Modifications Storm 800430 Cohansey Avenue/Terri Court Storm Drain Improvements ANALYSIS On October 7, 2022, staff issued a Request for Proposals (RFP) for CIP Project Management Services. On November 10, 2022, the City received five proposals for professional services. The firms that submitted proposals included: •Alisto Engineering Group •Consor PMCM •CSG •Hill International •Kleinfelder Staff scored each of the submitted proposals based on criteria that were identified in the request for proposals. From the scoring, three firms were invited to interview for the project. The three firms included CSG, Hill International, and Kleinfelder. All three firms presented themselves well, but Hill International ultimately was selected based on the clarity of their presentation, the thoroughness of their proposal and their presentation, and their ability to provide sufficient qualified staffing to their proposed project management team. The scope of the project will include: •Program Management Services for the design phase of the selected projects •Assisting staff with selection of project design consultants from the existing City Council approved On-Call Consultants List for Engineering and Design Support Services •Oversight support for the individual project designs •Quality control of the project designs •Bid package preparation assistance The full detailed scope of services for Hill International is attached to this staff report as part of the proposed agreement. The final project deliverables will be shovel-ready sets of construction plans that are ready to be advertised for bids. 8.1 p. 206 of 379 Award of Contract to Hill International for the Capital Improvement Program Project Management Services (No. 23-RFP-PW-476) in the amount of $1,160,088with a Project Contingency of $119,112 (~10%) and Approve a Project Expenditure of $1,280,000 City of Gilroy City Council Page 4 of 4 May 15, 2023 ALTERNATIVES Council can reject the award of this contract with Hill International. Staff does not recommend this option as it will result in staff not being able to process the design of several funded CIP projects. FISCAL IMPACT/FUNDING SOURCE The total proposal from Hill International is $1,160,088. Staff recommends including $119,112 as a contingency, approximately 10%, addressing unforeseen issues that may arise during the individual project designs for a total design support allocation of $1,280,000. It is recommended that the funding for this project be from the respective capital improvement program funding sources, including; Water Fund, Sewer Fund, Sewer Development Impact Fund, Storm Drain Development Impact Fund, and Traffic Impact Fund. The needed budgetary appropriations will be included in the recommended FY24 budget in the respective funds. The breakdown of the funding sources for the $1,280,000 fee (including contingency) is shown in the table below. 705 - Water 425 -Traffic Impact 410 - Storm Drain Dev Imp 700 - Sewer 430 - Sewer Dev Impact $678,400 $281,600 $25,600 $256,000 $38,400 53%22%2%20%3% PUBLIC OUTREACH None NEXT STEPS Once the Council approves the contract with Hill International, staff will work with them to begin the process of getting each identified CIP project shovel ready for construction. Attachments: 1. Hill International Agreement 8.1 p. 207 of 379 -1- 4835-2267-0361v1 LAC\04706083 AGREEMENT FOR SERVICES (For contracts over $5,000 - CONSULTANT) This AGREEMENT made this 15th day of May, 2023, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: Hill International, Inc., having a principal place of business at 2880 Zanker Road, Suite 207, San Jose, CA 95134. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on June 1, 2023 and will continue in effect through December 31, 2025 unless terminated in accordance with the provisions of Article 7 of this Agreement. Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. ______ Initial ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes. CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S employees, including, without limitation, disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT A. Specific Services CONSULTANT agrees to: Perform the services as outlined in Exhibit “A” (“Specific Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit “C” (“Milestone Schedule”). B. Method of Performing Services CONSULTANT shall determine the method, details and means of performing the above-described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT’S services. 8.1 p. 208 of 379 -2- 4835-2267-0361v1 LAC\04706083 C. Employment of Assistants CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT’S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONSULTANT exceed $1,280,000 (including 10% contingency). B. Invoices CONSULTANT shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit “A”, Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be 8.1 p. 209 of 379 -3- 4835-2267-0361v1 LAC\04706083 responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting “direct expenses” referenced on Exhibit “A.” ARTICLE 5. OBLIGATIONS OF CONSULTANT A. Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. B. Workers’ Compensation CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or death of any of CONSULTANT’S employees. C. Indemnification of Liability, Duty to Defend 1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. 2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum 8.1 p. 210 of 379 -4- 4835-2267-0361v1 LAC\04706083 coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called “extended reporting” or “tail” coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY’S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that:  CITY will not withhold FICA (Social Security) from CONSULTANT’S payments;  CITY will not make state or federal unemployment insurance contributions on CONSULTANT’S behalf;  CITY will not withhold state or federal income tax from payment to CONSULTANT;  CITY will not make disability insurance contributions on behalf of CONSULTANT;  CITY will not obtain workers’ compensation insurance on behalf of CONSULTANT. 8.1 p. 211 of 379 -5- 4835-2267-0361v1 LAC\04706083 ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT’S duties under this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of Consultant’s Business/ Death of Consultant. CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’ receipt of such notice of sale. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT. B. Termination by City for Default of Consultant Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONSULTANT’S failure to professionally and/or timely perform any of the services contemplated by this Agreement. 2. CONSULTANT’S breach of any of its representations, warranties or covenants contained in this Agreement. CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C” which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT’S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY 8.1 p. 212 of 379 -6- 4835-2267-0361v1 LAC\04706083 may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed-Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. D. Transition after Termination Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT’s duties by any new consultant hired by the CITY to complete such services. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either. C. Attorneys’ Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable 8.1 p. 213 of 379 -7- 4835-2267-0361v1 LAC\04706083 attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. F. Conflict of Interest CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. 8.1 p. 214 of 379 -8- 4835-2267-0361v1 LAC\04706083 H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. I. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. L. Waiver CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONSULTANT: CITY: Hill International, Inc. CITY OF GILROY By: By: Name: Andrew J. Kreck Name: Jimmy Forbis Title: First Vice President Title: City Administrator Social Security or Taxpayer Identification Number 20-0953973 8.1 p. 215 of 379 -9- 4835-2267-0361v1 LAC\04706083 Approved as to Form ATTEST: City Attorney City Clerk 8.1 p. 216 of 379 -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “A” SPECIFIC PROVISIONS I. PROJECT MANAGER CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign Andrew J. Kreck, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED/COMPLETION OF SERVICE A. NOTICE TO PROCEED CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written “Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Daryl Jordan shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. (“Notices”) of this Exhibit “A”. B. COMPLETION OF SERVICES When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit “C”. IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement. 8.1 p. 217 of 379 -2- 4835-2267-0361v1 LAC\04706083 Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT’S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. B. RESPONSIBILITY OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY’S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY’s offices within five (5) business days after CITY’s request. 8.1 p. 218 of 379 -3- 4835-2267-0361v1 LAC\04706083 D. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. NO PLEDGING OF CITY’S CREDIT. Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit “A”. CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 8.1 p. 219 of 379 -4- 4835-2267-0361v1 LAC\04706083 H. NOTICES. Notices are to be sent as follows: CITY: Daryl Jordan City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: Andrew J. Kreck Hill International, Inc. 2880 Zanker Road, Suite 207 San Jose, CA 95134 I. FEDERAL FUNDING REQUIREMENTS. If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply. If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply. 1. DBE Program CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant against Contingent Fees The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8.1 p. 220 of 379 -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “B” SCOPE OF SERVICES 8.1 p. 221 of 379 CITY OF GILROY PUBLIC WORKS DEPARTMENT CAPITAL IMPROVEMENT PROGRAM PROJECT MANAGEMENT SERVICES APRIL 13, 2023 | RFP NO. 23-RFP-PW-476 **SCOPE OF WORK AND COST OF SERVICE--REVISED** 8.1 p. 222 of 379 April 13, 2023 Julie Oates, PE TE, Engineer II Gary Heap, PE, City Engineer/Transportation Engineer City of Gilroy Public Works Department 7351 Rosanna Street Gilroy, CA 95020-6197 Julie.Oates@ci.gilroy.ca.us gary.heap@cityofgilroy.org Subject: CIP Capital Improvement Program Project Management Services, RFP No. 23-RFP- PW-476 “Scope of Work and Cost of Service--REVISED” Dear Ms. Oates and Gary Heap: Per your request of Tuesday, April 11, 2023, Hill International, Inc. (Hill) and our teaming partners BSK Associates, Chaves & Associates and Keish Environmental, PC (SBE-DBE-WBE) are pleased to submit our REVISED Scope of Work and Cost of Service to provide professional engineering services for Capital Improvement Program (CIP) Project Management Services to the City of Gilroy Department of Public Works. We have provided the following documentation in our response: • Project Scope and Approach • Attachment A Scope • Attachment B-1 Rate Sheet (Hill International, Inc.) • Attachment B-2 Cost of Service • Attachment C List of Projects (FY24-28 CIP PM List of Projects) Should you have any questions or require clarification, please contact me directly at AndrewKreck@ hillintl.com or at 408-858-8055. Thank you for your time and consideration of our Revised Scope of Work and Cost of Service. Hill is extremely pleased to be part of this major assignment for the City of Gilroy. Sincerely, Andrew J. Kreck, PE, CCM First Vice President, Northern California Operations O 669-263-8328 | M 408-858-8055 AndrewKreck@hillintl.com Hill International, Inc. 2880 Zanker Road Suite 207 San Jose, CA 95134 Tel: 669-263-8328 www.hillintl.com 8.1 p. 223 of 379 City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services Page 2 PROJECT SCOPE AND APPROACH SCOPE Hill is pleased to present Attachment A, the Scope of Work. This scope is a combination of the RFP process and the additional projects presented in the scoping meeting with City of Gilroy Public Works Department staff on April 10, 2023. For discussion purposes, Hill is defining the group of projects as a program. Hill proposes to provide program management services over an approximate 18-month period as defined by the City of Gilroy. The goal of these efforts is to have all currently identified projects completed through the procurement process. The projects in the program were originally 16 projects and it has now been augmented to a total of 21 projects. See Attachment C, List of Projects. APPROACH This approach describes the process we will execute to lead the City of Gilroy staff through the preparation of identified projects through the procurement process. Once the contract has been signed, our resources are available to begin our tasks to initiate this program with momentum. We are proposing a kickoff meeting to begin the information gathering and establishing document control. Once we have gathered and organized the project information, we will develop the Project Management Plan (PMP), for the use of all participants. We will begin to develop programmatic information in the scope, schedule and budget areas. This will be followed by establishing the priorities for design and construction, the result of this effort will be the plan for the execution of the projects. As of now we are estimating the pre-design and design management efforts in three bundles, procuring a third of the project listing in 6, 12, and 18-month periods. During the design management phase, Hill will lead the designer selection and will manage to design process through preparing the construction documents for procurement. During the procurement process we will be an asset to the city leading this process. As the assignment progresses, we will be preparing regular status updates for the DPW and supporting his communication with the City of Gilroy leadership. We will back checking some original and further developed assumptions about schedule and budget to keep a near real time snapshot of where the program is at that time. At the end of this phase for each project bundle we will be ready for the City of Gilroy ’s procurement process. Our last task will be to assist in getting these projects successfully bid. From Prebid services, coordination with the designer, providing a conduit for communication with potential bidders and culminating that process with whatever addendums are necessary for a clear bidding process. Once the bids are received, we will review the bids and ultimately prepare a recommendation of award for the DPW. 8.1 p. 224 of 379 City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services Page 3 ATTACHMENT A - SCOPE OF WORK 1. Contract Signature 2. Kickoff – Information Gathering 2.1. Gain access to PMIS 2.2. Gather all background Documents. 2.3. Schedules, Estimates, Scope 2.4. Organize and Review 2.5. Kickoff Meeting with City 2.6. Update and Maintain program presentation materials 2.7. Prepare draft monthly report for Director of Public Works (DPW) 2.8. Prepare periodic draft City Council Reports for DPW – Estimate 6 3. Pre-Design 3.1. Establish Priorities 3.1.1. Consider Long Time Items, Permitting, Quick Starting Projects, bundles for the Rest 3.1.2. Plan for 3-time frames (6,12,18 months) 3.2. Establish Project Schedules 3.3. Establish Master Program Schedule 3.4. Procurement Material Availability Analysis 3.5. Establish Project Scopes 3.6. Programmatic Capital Improvement schedule workshop with City 4. Design Management (3 Cycles) 4.1. Procurement Plan for Designer Selection 4.2. Designer Selection 4.3. Designer Management 4.4. Design Review 4.5. Schedule and Budget verification 4.6. Prepare for Construction 5. Procurement (3 Cycles) 5.1. Coordinate with City Procurement Staff 5.2. Prepare to Finalize Bids for Advertisement 5.3. Receive Bidders Questions 5.4. Coordinate Questions with City and Designers 5.5. Review Addendums 5.6. Prepare Addendum for Issuance by City Staff 5.7. Bid Opening 5.8. Bid Evaluations 8.1 p. 225 of 379 2 PROJECT UNDERSTANDING 8.1 p. 226 of 379 City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services 11 Our proposed Project Manager Andrew J. Kreck, PE, CCM and Design Manager, Timothy T. Brown, PE have visited several of the City of Gilroy project sites to gain a hands-on understanding of the current conditions around the project. No. 1: Water-#800250-Casey and Swanston Water Line Replacement This portion of the CIP program is moving forward to replace ageing infrastructure and improve fire flow for the industrial customers in the area. The project will have several issues to be considered during design and construction. There is a school nearby as well as a school bus garage that could create advantages for summertime construction. These are the type of things to be evaluated in the preconstruction phase of our work. This area is mainly residential and this brings issues to be mitigated such as noise and dust abatement during construction. The main issue will be dealing with the residents and their current on street parking situation. During our site visit there was little room for construction with both sides of Swanston Lane filled with parked vehicles. We will work with the Gilroy’s communication department to inform and mitigate the clearing of the right-of-way for construction. The designed location of the new water service, as well as using well designed phased construction could be used to help with this issue. Also requiring the contractor to secure an adjacent area for resident to park during construction is also an option. This will make the combining this project with the pavement/restoration project needed in this area a great benefit to the local residents. Prepared by: Timothy T. Brown, PE, Design Manager 2.A KEY ISSUES AND CHALLENGES “Our understanding of some of the challenges involved in performing this type work are as follows...” No.Project Type CIP Project Number Project Name Site Visit 1 Water 800250 Casey and Swanston Water Line Replacement p 2 Water 800590 Broadway and Sargent Water Line Replacement - 3 Water 800600 Church and Gurries Water Line Replacement p 4 Water 800610 Church Street – Welburn to First Water Line Replacement p 5 Water 800620 Forest and Eight Water Line Replacement - 6 Water 800640 Monterey and Eighth Water Line Replacement - 7 Water 800650 Abandon 2" Water Line from 7041 to 7161 Monterey St p 8 Water 800660 Murray at Burke Water Line Reroute - 9 Signal 800350 Luchessa/Church Traffic Signal Installation p 10 Signal 800360 Mantelli/Kern Traffic Signal Installation - 11 Signal 800370 Monterey/I.O.O.F. Traffic Signal Installation p 12 Signal 800440 Automall/Luchessa Traffic Signal Installation p 13 Signal 800480 First/Kern Traffic Signal Installation - 14 Sewer 800520 Carmel-Dowdy Alley – Sixth to Seventh Sewer Replacement p 15 Sewer 800550 Old Gilroy – Chestnut to Forest Sewer Upgrade - 16 Sewer 800560 Seventh St – Carmel-Dowdy to Hanna-Rosanna Alleys Sewer Replacement p TRAFFIC SIGNAL INSTALLATION SEWER REPLACEMENTCALTRANS KNOW-HOWPROJECT MANAGEMENT WATER LINE REPLACEMENTCONSTRUCTION MANAGEMENT 2. Project Understanding 8.1 p. 227 of 379 City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services 12 Construction on Casey Lane with be less crowded but still require attention during the design and construction phases. The location of the new water main will need to be evaluated to reduce service line lengths. The end of Casey Lane is adjacent to a Railroad track. This area will require some type of device to allow for water discharge to maintain water quality. Replacing a four-inch water main with a ten-inch watermain will greatly improve the fire flows but it will be at the cost of water quality to the service lines. Fortunately, this can be addressed with the City’s water testing and maintenance program. No. 3: Water-#800600- Church and Gurries Water Line Replacement No. 4: Water-#800610- Church Street – Welburn to First Water Line Replacement Combining Welburn to First Water Line Replacement and Church and Gurries Water Line Replacement. The time and cost savings in design and construction would be of benefit to Gilroy and all of its residents. This design will require analysis of the current and future land uses in the area as well as considering fire flow recommendations from the City Fire Marshall. This area will require phased construction with lane shutdowns to accomplish the linear work as well as connections that will need to be made at the intersections of Church, First Welburn, and Gurries. This is mainly a residential area with a wide street and on street parking. This will require a solid communication program and considerations of the parking habits of the local citizens. The industrial properties will need to be considered for the fire flow calculations and even the percentage of heavy vehicles when considering the pavement patching designs. No. 7: Water-#800650-Abandon 2” Water Line from 7041 to 7161 Monterey St To start this program out with. It is a relatively small project that will require reconnecting service lines to and existing ten-inch watermain in Monterey Street. We would follow the abandonment requirements appropriate for this situation after the reconnection of the service lines to the existing main. Corporation Stop or tapping sleave and valve could be used based upon the size of the service connection. This work could be accomplished with small road closures rerouting traffic around the construction. A formal work plan requirement would help for each location to ensure the process is well planned. Considerations for the work areas are this is a main road in Gilroy with above average traffic at times of the day. It is adjacent to industrial sites as well as the Caltrain/VTA facility which will also need to be considered when designing the suggested traffic control approach. No. 9: Signal-#800350-Luchessa/Church Traffic Signal Installation This appears to be an intersection were accessing Luchessa Road during certain times of the day would be difficult. Residents trying to access W Luchessa from either side of Church Street regularly encounter people heading toward Monterey Highway at an elevated rate of speed. Addition of a four way, six phase signal system with dedicated left turn phasing will be instrumental improving traffic flow, and safety. As with the other signal projects we discussed pedestrian safety will be a large part of this project. The pedestrian infrastructure and signal improvements will enhance pedestrian safety for the residents. Improved safety lighting will be included with this project and will need to be integrated with the existing street lighting. Again, this work could be accomplished with temporary road closures and possibly some night work. The residential nature of this area may make night work impractical. The size of the poles required to span this roadway will necessitate larger pole foundations. That will be considered when developing the suggested traffic control plans. And as with the other signal project’s location of the signal cabinets early in the process will determine the necessity for property acquisition. This could be an item to consider when we develop the program schedule. 8.1 p. 228 of 379 City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services 13 No. 11: Signal-#800370-Monterey/I.O.O.F. Traffic Signal Installation This appears to be an intersection were accessing either road during certain times of the day would be difficult. Addition of a four way, four-phase signal system with passive left turn phasing will be instrumental improving traffic flow, and safety. With its physical relation to the school currently being built and Rebekah House construction phasing will be important. Night work will be an option for evolutions that require multi lane shutdowns such as drilling traffic or light pole foundations or installing signal arms. Pedestrian safety will be a large part of this project. The pedestrian protections and lighting improvements will improve safety for the residents. One issue that could delay the project is location of the traffic boxes. If a suitable place can’t be located for the control cabinets, then property or easement acquisition will be necessary. No. 12: Signal-#800440-Automall/Luchessa Traffic Signal Installation This appears to be an intersection were accessing Luchessa Road during certain times of the day would be difficult. Addition of a four way, eight-phase signal system with dedicated left turn phasing will be instrumental improving traffic flow and safety. Notable feature of this project is existing construction now impacting the traffic flow. Its proximity to UPRR will also need to be considered. Pedestrian safety will be a large part of this project. The pedestrian infrastructure and signal improvements will enhance pedestrian safety for the residents. Safety lighting will be included with this project to upgrade to walkability of this area. This is again where a solid outreach program will benefit the project. There appear to be several unhoused or unsheltered individuals living within close proximity of this construction site. Gilroy resources can be brought to bear to unsure these citizens remain a safe distance from the project work site. No. 14: Sewer-#800520-Carmel-Dowdy Alley – Sixth to Seventh Sewer Replacement No. 16: Sewer-#800560-Seventh St – Carmel-Dowdy to Hanna-Rosanna Alleys Sewer Replacement Two projects that again could be combined and see some economies of scale and money saving due to less mobilization costs. These projects are adjacent to each other and similar type of construction including requiring many of the same means and methods. Design and construction schedules and project costs could be reduced buy the combination of the two projects. The Seventh St – Carmel-Dowdy to Hanna-Rosanna Alleys Sewer Replacement will replace and upgrade over 700 LF of 8-inch gravity sewer with new ten-inch sewer lines. An evaluation will need to be done during the design phase to determine the most cost-effective construction, pumping around while replacing the existing sewer line in place to installing a new line that can be cut into the existing system after it has been tested and accepted. This process will allow for the inspection and evaluation of the existing sewer manholes, covers and even the paving around this existing infrastructure. The time to repair replace or overhaul these structures is during the proposed construction. Construction on Seventh Street should be able to be accomplished with lane closures due to the wide streets. Neither the mainly residential areas nor the adjacent police department building will add complexity to the construction process. The Carmel- Dowdy Alley – Sixth to Seventh Sewer Replacement is very similar to what was discussed for the Seventh Street project with one major difference, the width of the roadway right of way. This is essentially and Alley used for access to residential garages and trash pickup. This is again where a proactive outreach program will benefit the project. There appear to be several garage access point and driveways for the local residents. Also, it appears as if this Alley is used for garbage pickup. A formal plan will have to worked out with the adjacent property owners prior to construction. Whether that’s time limited or restricted access these things will need to be considered as one of the factors as we determine the contractor’s proposed installation duration. 8.1 p. 229 of 379 City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services 14 2.B CAPITAL IMPROVEMENT PROGRAM PROJECT MANAGEMENT SERVICES Hill understands that the Gilroy will evaluate and select a qualified consultant to provide project and construction management services in support of their CIP program. We have designated an experienced senior staff member, Andrew Kreck, PE, CCM, as the Project Manager for the Hill team. Andrew has identified principal staff members who will provide services by the established scope of services. To support Gilroy’s construction projects, Hill offers Gilroy an exceptional depth and breadth of relevant experience providing project and construction management services. The Hill team brings Gilroy a proven approach to delivering the PM/CM services needed to successfully realize the projects outlined in Gilroy’s CIP. Our approach is based on identifying and organizing a highly capable, local, and experienced team of key professionals, and then providing redundancy of staff through Hill’s extensive regional staff and our local teaming partners. The key to our management approach is to provide client-focused services, keeping Gilroy informed and helping to resolve any issues before they can impact project progress. Under Andrew’s leadership, the Hill team will: • Coordinate the designer and the contractor interfaces with franchise and public utilities and other agencies to reach agreements on time. • Help local permitting agencies and utility companies (both franchise and public) understand the projects and process to allow work to proceed according to schedule. • Guide the entire design, procurement, and construction process to protect Gilroy’s interests throughout the project life cycle by providing timely project durations. • Manage and verify that the project has obtained all the permits, the right of way and approvals necessary to move these CIP projects forward. • Information and presenting viable, implementable solutions to resolve issues. B.1 PROJECT MANAGER As Hill’s team Project Manager, Andrew’s responsibilities will include fulfilling task order personnel requests with qualified consultant staff by supervising and monitoring requests for clearly defined deliverables to be compliant with acceptable procedures, criteria, and auditable requirements. Tasks will be completed with on-call, as-needed consultant personnel in coordination with Gilroy’s project manager. Andrew will provide monthly invoicing with monthly expenditures and budget projection reports for monitoring needs and management of project team staff. Andrew will make certain budget reporting includes proper documentation to support billing such as diaries, equipment used, and employee expenses with properly maintained records organized for project files or audits. This will include a review of consultant invoices for accuracy. Hill will accomplish this review in a timely manner to help ensure compliance with prevailing wage requirements. Site Visit Project No. 1: Water 800250 Casey and Swanston Water Line Replacement Site Visit Project No. 12: Signal 800440 Automall/Luchessa Traffic Signal Installation 8.1 p. 230 of 379 City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services 15 Andrew J. Kreck, PE, CCM, Principal-in-Charge/ Project Manager 31 YEARS OF EXPERIENCE Caltrans Local Assistance Procedures Manual (LAPM) CALTRANS KNOW-HOW As a Senior Transportation Engineer for Caltrans, Andrew developed the District 4 Guide for Field Operation Procedures for Caltrans Oversight Project and co-authored Caltrans’ 2004 Construction Oversight Manual. For each task order assignment, Andrew will take the lead as the primary point-of-contact to define, implement, and integrate all the services. This will allow the Hill team to take on multiple task orders simultaneously, delegating tasks among our highly qualified personnel. Andrew will respond immediately to each task order request and supervise the entire process. Our team members are readily available to mobilize quickly. B.2 POLICIES AND PROCEDURES Our team members have experience providing services on projects that were either entirely or partially funded by Federal funds. For example, Andrew served as the Project/Contract Manager for Santa Clara Valley Transportation Authority’s federally funded Measure B Highway Program. Hill will utilize and conform to Gilroy’s and Caltrans’ procedures and requirements summarized within the Caltrans Local Assistance Procedures Manual (LAPM), which includes a guide for the Program Manager in administering federally aided contracts. Andrew will use the LAPM with specific attention to the following: • LAPM Ch. 11: Design Guidance • LAPM Ch. 12: Plans, Specifications and Estimates • LAPM Ch. 15: Advertise & Award Project • LAPM Ch. 16: Administer Construction Contracts • LAPM Ch. 17: Project Completion • Caltrans Construction Manual • Caltrans Resident Engineer Manual • Caltrans Oversight Manual • City of Gilroy Department of Public Works’ QA Program Our contract administration procedures will conform to those listed in the Caltrans Construction Manual and LAPM. All project management services will be performed in strict conformance with Caltrans and Gilroy’s practices, regulations, policies, procedures, manuals, and standard specifications. The Hill team will also monitor the designer and contractor and manage associate documents to meet the federal trainee compliance requirements. B.3 BUY AMERICA REQUIREMENTS if required by funding sources, such as Federal funds, Buy America requirements mandate that steel, iron, systems equipment, and other manufactured products costing more than $100,000 used on the project must be produced in the U.S., with components of U.S. origin. The compliance with Buy America starts with the designer. Hill will support Gilroy in confirming the designer and contractor has complied with the Buy America regulations through the implementation of the tasks outlined in the Buy America Compliance Review. 8.1 p. 231 of 379 City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services 16 B.4 QUALITY PLAN Hill’s extensive quality assurance and quality controls (QA/QC) programs will help ensure deliverables are error-free. Our quality management services will be based on providing stable leadership, multiplying our on-site team’s effectiveness through a dedicated team of technical experts, and implementing proven quality management practices. Based on the specific tasks and responsibilities, the Hill team will control project quality through a comprehensive QA/QC Program. This program will involve monitoring work being performed by contractors/ subcontractors, testing materials, checking subcontractor layouts, and vendor surveillance, as well as the final acceptance of subcontractor work. The goal of a QA/QC program is to make sure all work performed, and all materials incorporated in the project comply with the contract documents. As part of our QA/QC plan, the Hill team will: • Review the construction documents to establish the design requirements and describe the QC functions expected of the trade contractors. • Establish adequate document controls for changes and submittals, including the use of Oracle Primavera P6 or Contract Manager. • Provide experienced, qualified staff to monitor and inspect all design and construction activity, verify contract compliance, and provide detailed reports of progress and problems. Inspections will focus on whether completed, and in-progress work complies with the contract documents, including applicable codes, standards, and regulations. The Hill team will seek corrective action for all non-conforming work. B.5 PROJECT MANAGEMENT PLAN The Hill team offers Gilroy relevant experience providing CM and inspection services on an on-call basis for similar clients in the Northern California region, including Contra Costa County, Town of Atherton, Santa Clara Valley Transportation Authority (VTA), AC Transit, and San Francisco Municipal Transportation Agency (SFMTA). Our team understands the coordination of on-call contracts and the importance of matching personnel assignments to performance requirements for every task. AVAILABLE RESOURCES | Additionally, we maintain a strong pool of in-house professionals, allowing us to provide the required resources at the appropriate times. The Hill team has the right resources at the right time; we can mobilize quickly and have the flexibility to move staff in and out of your projects as demand increases or decreases. Our success in providing on-call PM/CM and inspection services is evidenced by the number of California public institutions that have continually used Hill to provide CM services on a term basis. Proposed staff will be available to Gilroy immediately. Thus, we will be able to support the staffing of your projects comfortably and will be able to step in and provide qualified staff quickly and efficiently. The entire Hill team is committed to this contract, and all team members are available. Many of our available staff have PE or CCM credentials and have been Project Managers, Construction Managers, Resident Engineers, Structure Representatives, and Assistant Resident Engineers on small and large construction projects like Gilroy’s projects. B.6 MULTIPLE PROJECT MANAGEMENT There are many factors that could impact how quickly the Capitol Projects could be started and completed. Current conditions, designer availability, cashflow, physical barriers, and windows of opportunity for construction could all be factors that will impact how the projects will be delivered. On day one we will begin to gather information that will culminate in a workshop to develop a program schedule to ensure that the project developments are proposed in a way that meets the City and its Citizens’ needs. As the project manager, once 8.1 p. 232 of 379 City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services 17 the information gathering is completed, we will submit an overall program schedule to help guide to process. This will allow Hill, as the project manager, to develop priorities for the program and plan for the resources needed. This will be resources not only for the construction evolution but will leave us better prepared to help select and manage the designers and their subconsultants. B.7 RISK MANAGEMENT Our methodical risk management represents a long-term investment in the project or program process, delivering to your project benefits ranging from more responsive management plans to mitigate against unforeseen events. While most of the industry understand the negative impacts schedule, budget, and other risks can have on their projects, Hill, through thoughtfully planned and monitored risk management, can benefit the project beyond protecting against risk. We offer our client’s specific risk management experience and expertise in a wide variety of projects, settings, and circumstances. Our formal and thorough risk management services can help owners better manage risks and take advantage of opportunities a less comprehensive approach to risk would miss. Minimizing Impacts, Maximizing Opportunities! B.8 DOCUMENT CONTROL Managing information is more than just tracking project information. Timely capture of project information and providing a framework that promotes retrieve ability is crucial to keeping a project on track. This will need to start the first day we are under contract. Our Document Control Specialists, Andrea Lynn Lewis and Kristen Jones of Chaves & Associates, will work diligently with Gilroy’s project manager, to prepare the document control system for the start of the project. 2.C DESIGN MANAGEMENT Hill will be a trusted partner in the complete design process. We have the ability and expertise to help select the designers for each of these important City improvements as part of the Capitol program. Our Design Manager Timothy T. Brown, PE has exactly this type of CIP support activities experience. He has performed this exact type of CIP Project/Design Management for transportation and utility projects for the City of Norfolk- Virginia Department of Public Works. C.1 DESIGN MANAGEMENT PLAN (DMP) AND PROCEDURES As part of the overall Project Management Plan we will develop a DMP for each project. The main objectives of our DMP are to establish consistent management practices and describe reporting relationships for the preconstruction activities. The DMP defines the organization, processes, roles, and responsibilities that govern the project team prior to construction. The methods described in a DMP are provided to monitor and report progress in an integrated approach utilizing cost, time, quality, and document management parameters. Each project will have a customized DMP and will focus on conforming to the applicable State, Federal, and Gilroy requirements. The DMP becomes the project-specific resource for proper contract administration. C.2 DESIGN PROGRESS MEETINGS Design progress project meetings will be held regularly and will cover items such as program schedule, the progress of work, scheduling milestones, critical issues, required coordination, and approvals. Meeting minutes help monitor and track outstanding items, and deadlines will be established for completing these items. We will disseminate full meeting minutes to all attendees. Any additional necessary ad-hoc meetings will be coordinated with Gilroy. 8.1 p. 233 of 379 City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services 18 C.3 UNION PACIFIC RAIL ROAD (UPRR) One of the challenges to the success of Gilroy’s CIP program is working and partnering with UPRR. Successful construction adjacent to UPRR involves more than just knowledge of UPRR Engineering standards and submittal processes. The team must have a deep understanding of what is most important to UPRR. UPRR is a highly focused business, and their business is moving trains safely, as quickly and as efficiently as possible. Interruptions or delays of their system’s progress is a detriment to UPRR’s business model. The Hill team has a strong group of seasoned former UPRR Engineering and Operations staff available for coordination with UPRR. Our team of hand-picked specialists are subject matter experts, who offer strong personal and professional relationships with existing UPRR personnel who will be key stakeholders and interface directly with some of Gilroy’s projects. Our understanding of UPRR’s processes and procedures, from a local perspective, will allow us to see and plan for months in advance of a precise date and to allow the contractor to execute. For us, this is not guesswork. The ability to plan effectively and specifically within this environment comes from decades of hands-on experience of doing this directly for UPRR. C.4 UTILITY DESIGN COORDINATION Hill is committed to collaboration with all stakeholders, including utility agencies. Our design team leaders understand the value of fostering a team dynamic between Gilroy, the designers of record, and franchise and public utilities. This level of cooperation will be encouraged with neighboring cities, the CM staff, contractor, and all project stakeholders including the residents of Gilroy, your customers. Our collaborative process encourages trust and open communication, allowing for quick identification and resolution of design risks. We will follow this process from for the entire time we serve Gilroy. C.5 PROJECT KICKOFF As stated, the process will begin with the designer selection, or we will coordinate a designer update to get the status of the design project. No matter where the process begins, we will immediately put the program on our standardized process. As the CIP project manager, it will be important to establish lines of communication both to the City and to the designers. That communication path will be used to ensure that the designers have all the information they need to move forward. That includes the flexibility of either starting a project from the beginning or assuming project management responsibilities for any of the projects that are currently underway. From the start, we schedule and mange a kickoff meeting. This ensure the designers and staff understand the scope and schedule. It is imperative the team understand the boundary conditions concerning the pre-construction tasks. The expectations are that they may be the first phase of the individual project, but it’s important to start out efficiently. If the project has already started, we would again have a program management kickoff meeting to ask the right questions to determine the project progress. We will evaluate project progress versus the project standard process. We will ensure that the design follows their own quality plans. C.6 PROJECT IMPACT MITIAGATION We will verify that the project impacts are being appropriate addressed, whether it’s informing the impacted utility companies or even looking at the possible real estate impacts, both temporary and or permanent. We will review the survey to make certain that the quality program has been followed to help the designers are working with the best information. We will look at the environmental documents including the erosion and sedimentation control plans for compliance. We will work with the design and city staff for traffic control plans and could even require designer/city workshops for projects where detour routes are required. These routes must be designed coordinated and scheduled and properly. 8.1 p. 234 of 379 City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services 19 2.D PROCUREMENT ASSISTANCE D.1 HOLISTIC APPROACH Our Procurement assistance begins well before the project is ready for bidding. We can provide a wide range of services such as market evaluation, and coordination with the Gilroy to determine the priorities when selecting a contractor. We can assist Gilroy by evaluating the size of the project and the delivery method that would put them in the best position to be successful. We will help the project is ready for bidding and will coordinate with Gilroy’s procurement department to confirm an efficient process. We will arrange and oversee the prebid conference. We will stand by Gilroy every step of the way. D.2 BIDDING ASSISTANCE We will help the Gilroy’s procurement department by assisting in the preparation for the bidding process. We will gather questions and coordinate the responses with the DOR, your department, and the procurement people. We will direct and provide the addendums and questions from bidders for every project. Once bids are received, we can evaluate, review, and recommend bids for award. Once the bid is approved and accepted, we will schedule and oversee the pre-construction meeting. Our staff will be a part of the process as needed to ensure a fluid start of the construction process. 2.E CONSTRUCTION ADMINISTRATION The key to our construction phase approach is to address issues quickly and provide actionable recommendations that allow the work to proceed. Our team will review contractor deliverables and inspect the work, including the processing of RFIs, clarifications, and interpretation of the contract documents, shop drawings, submittals, samples, schedules adjustments, change orders, change authorizations, and payment applications. Hill will evaluate every detail of all projects; set up objectives, plans, and priorities; and identify and resolve problems. Our team will work with Gilroy to define, implement, and integrate every aspect of each project we support. E.1 CONSTRUCTION MANAGEMENT PLAN (CMP) AND PROCEDURES The main objectives of our CMP are to establish consistent management practices and describe reporting relationships. The CMP defines the organization, processes, roles, and responsibilities that govern the project team. The methods described in a CMP are provided to monitor and report progress in an integrated approach utilizing cost, time, quality, health and safety, and document management parameters. Each project will have a customized CMP and will focus on conforming to the applicable State, Federal, and Gilroy requirements. The CMP becomes the project-specific resource for proper contract administration. Our electronic database will include all appropriate letters, reports, permits, specifications, calculations, drawings, meeting minutes, contracts, change orders, invoices, presentations, and other applicable written or graphical communications stored in the archive. Only documents available in hardcopy will be scanned and included in the electronic project files. E.2 COMMUNITY ENGAGEMENT Hill understands the needs of Gilroy to engage and keep the community informed about the ongoing City improvement projects. An effective outreach program begins in the planning phase, continues through construction and the promotion of the grand opening. It must address multiple stakeholders, including the local community and neighborhood schools, businesses, media, and government officials. Our Community Outreach 8.1 p. 235 of 379 City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services 20 Coordinator, Claudia C. Mejia, has direct experience developing and implementing similar construction outreach programs with her work on major capital improvement projects throughout California. She brings experience in written communication, social media, and public events. The community engagement staff are bilingual in English and Spanish. E.3 SAFETY No aspect of the project is more important than the project safety and injury prevention. All practical steps shall be taken to maintain a safe and healthy workplace. Regularly (every ten working days), a safety tailgate meeting will be held, and meeting minutes of the safety meeting is made and kept with the project files. Furthermore, every inspector and contract administrator has been through our formal injury and illness prevention program, office worker safety, procedures for reporting occupational injury, illness or death, motor vehicle safety, safe working practices, personal protective equipment, hearing protection program, confined spaces safety training, respirator protection program, hazardous materials communication program, cut slope safety, earthquake preparedness, and lead safety training. before the commencement of any construction activity, our inspectors will visit the contractor’s yard to verify construction and safety equipment to be used are in good order. E.4 CONSTRUCTION MEETINGS Project meetings will cover items such as submittals, progress of work, scheduling milestones, critical issues, nonconforming work, safety, material and equipment testing, and startup. Meeting minutes help monitor outstanding items, and deadlines will be established for completing these items. We will disseminate full meeting minutes to all attendees. Any additional ad-hoc meetings will be coordinated with Gilroy. E.5 CONSTRUCTION INSPECTION Our inspectors will oversee field work and work closely with Gilroy to coordinate daily construction inspections. We will document all construction activities and progress, including photographs and video, to confirm work is proceeding per the contract documents and that progress and final payments are accurate and timely. All project information will be available to Gilroy for review and archiving. The Hill team will maintain complete, dependable, and timely project documentation that will be delivered to Gilroy at completion. E.6 UTILITY COORDINATION Hill believes in collaboration with all stakeholders, including utility agencies. Our team Resident Engineers (REs) understands the value of fostering a team dynamic between Gilroy, neighboring cities, CM, contractor, designers, and project stakeholders. Our collaborative process encourages trust and open communication, allowing for quick identification and resolution of risks. E.7 COST FORECASTING Hill is an industry leader in cost forecasting for cost trends at the component level, which meets the scrutiny of the Congressional Budget Office standards. E.8 SUBMITTAL MANAGEMENT In coordination with the design team and Gilroy, we will help ensure contractor submittals are accurate and submitted on time. We will prepare a log to help track the status of all submittals. This log will be discussed during weekly meetings and will be referenced in monthly project status reports. These include falsework, trenching, shoring, pile driving, drilled shaft installation plan, traffic control, bar reinforcement cut sheets, other construction related to temporary conditions, bridge removal plan, and public notification flyers. 8.1 p. 236 of 379 City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services 21 E.9 RFI MANAGEMENT Our REs will help ensure responsive and accurate addressing of RFI’s and RCO’s, confirming they are warranted and responded to quickly and in conformance with specifications. E.10 CHANGE ORDER ANALYSIS AND NEGOTIATIONS Effective change management is critical to project success. Our team is experienced in preparing and reviewing cost estimates. All changes are reviewed in accordance with contract documents to resolve before claims can arise. We have developed, monitored, and closed hundreds of contract modifications including quantity changes, negotiated changes, and force account work. Our team will review change order requests along with plans, specifications, and other documentation required to explain the differences. We will then prepare the engineer’s estimate and coordinate with the project team to verify the level of effort. E.11 CLAIMS To avoid claims, we must thoroughly analyze the scope of changed work and understand its impact on the workforce and schedule. Once analyzed, we will develop a firm, objective position on the change. Should the contractor be entitled to compensation or time, Hill will assist in negotiating the most cost-effective solution. It is our philosophy that early resolution of potential claims results in the most favorable settlement for the owner. As a result, progress can continue even when significant changes are encountered. We expect projects to be completed on time and with minimal claims. This can be accomplished through an effective partnering program and prompt resolution of cost and time impacts due to changed work. E.12 ENVIRONMENTAL COMPLIANCE/STORM WATER POLLUTION PREVENTION PLAN (SWPPP) The Hill team, led by Rachael Keish, PE, QSP/D, CGP & IGP ToR, ENV SP, ISI Verifier of will monitor environmental compliance as well as adherence to the Environmental Compliance Plan, which will indicate how environmental requirements and mitigation measures will be implemented during construction. Construction contractors are required to submit and implement a program to control water pollution effectively during the development of all projects. The main objectives of SWPPP have been identified. We will assist Gilroy staff in overseeing and enforcing the requirements for preparing and implementing the SWPPP by the contractor. E.13 MATERIALS TESTING Our teaming partner, BSK Associates, will manage required soils and materials testing, helping determine whether materials conform to the contract documents and specifications. Sampling and testing activities will be conducted in accordance with applicable testing guidelines. We will also maintain testing summaries to confirm all unacceptable work is recorded and corrected prior to the placement of additional material. 2.F PROJECT CLOSEOUT F.1 PUNCH LISTS We will prepare punch lists to record any work required by the contractor. Follow up inspections will also be conducted to help ensure punch list items have been satisfactorily completed. Upon completion of the project, a final inspection of the work will be performed, and unresolved punch list items will be discussed with the contractor to determine when corrective measures will be taken. Hill can also perform other contract close- out activities including verification of final quantities for final pay estimate, checking of an adequate supply of materials for future use, and preparation of project record documents for Gilroy. 8.1 p. 237 of 379 City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services 22 F.2 SUBSTANTIAL COMPLETION As a project approaches completion, we will conduct a detailed inspection of completed work and prepare a preliminary punch list. The goal of this punch list is to narrow the contractor’s open items and mitigate Gilroy’s risk of claims. F.3 FINAL COMPLETION Final acceptance of the facilities by Gilroy closes the project. Our services during this stage include the preparation and issuing of the close-out change order and verifying that all operations and maintenance manuals are in-place, training is conducted, as-built data is acceptable, and any post-construction surveys have been received. F.4 DAY AND NIGHT WORKING HOURS Our team’s strength lies in our construction experience on several similar projects. We have been involved with extraordinarily complex construction projects under extremely heavy day and night traffic conditions. Our team members have extensive experience working on various shifts to fulfill the contract needs. F.5 LABOR COMPLIANCE Hill approaches every project with a work plan that verifies the attention to critical categories found in public works contracts as well as addressing prevailing wage requirements. Hill has been responsible for educating personnel, assisting them in monitoring, and enforcing prevailing wage requirements of applicable labor laws to verify all contractors working on government projects comply with State and Federal prevailing wage statutes and regulations. Hill is involved with labor compliance from the beginning of a project. Hill attends the preconstruction meeting and distributes a State/Federal checklist notifying the contractor of all State and Federal laws that need to be abided by, including DBE, DVBE, and EEO guidelines. Throughout the project, Hill collects, reviews, and analyzes certified payrolls to verify that the correct prevailing wage rates according to the Department of Industrial Relations (DIR) are being paid. Hill crosschecks certified payrolls with inspector dailies to check trades and hours are correctly classified. At completion, the Labor Compliance Officer confirms that all forms and documentation are filed and maintained correctly. COST CONTROL PROCESS Change Management Agreed on Change Orders Forecasting Budget to Completeness Schedule of Values Accumulation of Actual Costs Track Pending Change Orders Consultant & Contractor Pay Requests Potential Change Orders Invoicing Formats Standards Cost to Complete Analysis of Remaining Work 8.1 p. 238 of 379 City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services 23 2.G MANAGING COSTS Our cost and budget control plan will validate the project budget, and recognize uncertainties within the budget, all within a clear reporting structure. This method allows for change assessments in cost estimates as the final design is developed. On every project, we will pay particular attention to value engineering and potential cost drivers. After construction is awarded, our team will require the contractor to provide work plans for critical activities and will review each project for optimal production, using techniques like early procurement, concurrent submittals, reduced submittal review times, and concurrent construction activities. We will continually track the progress of the work, including changes, and verify contractor invoices are accurate through the tracking process. In our claims review, we will identify potential areas of change including cost impacts, trends, and contingencies, so contract changes do not translate to budget surprises. We will manage the costs through our regular reporting and our Cost Control Process. 8.1 p. 239 of 379 4 KEY STAFF AND ORGANIZATION CHART 8.1 p. 240 of 379 City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services 26 4. Key Staff and Organization Chart 4.A TEAM STRUCTURE Hill International, Inc. will serve as Prime Project Management and our proposed subconsultants are as follows: • BSK Associates will provide Materials Testing • Chaves & Associates will provide Document Control/Administrative Support • Keish Environmental, PC (SBE-DBE-WBE) will provide Environmental/SWPPP Oversight 4.B ORGANIZATION CHART Our organization Chart identifies the names, titles and reporting relationships of key personnel who will be assigned to perform the services. LEGEND Key Personnel 1 = Hill International, Inc. 2 = BSK Associates 3 = Chaves & Associates 4 = Keish Environmental, PC (SBE-DBE-WBE) Principal-in-Charge/Project Manager Andrew J. Kreck, PE, CCM 1 Quality Assurance John Skoury, PE 1 Design Manager Timothy T. Brown, PE 1 Construction and SWPPP Inspectors Masood Batmanghelich, EIT 1 Thomas M. Fitzgerald 1 Youseff Saliba 1 Reza Shokrpour 1 Amirhossein Yazdanbakhsh 1 Environmental/SWPPP Oversight Rachael Keish, PE, QSP/D, CGP & IGP ToR, ENV SP, ISI Verifier 4 Paul Landan 4 Hayden Kessenich 4 Construction Managers/Constructability Review Richard S. McIntosh 1 Raymundo C. Balallo, PE 1 Bharat K. Patel, PE 1 Materials Testing BSK Associates 2 Document Controls Andrea Lynn Lewis 1 Kristen Jones 3 Structures Representative David W. Wu, PE 1 Cost Estimating Aron T. Aston, CEP, LEED AP BD+C 1 Scheduling Bhatti Mohammad Naeem 1 Project Controls/Office Engineer Steven Michael Batte 1 Prasanth Kantamani 1 Union Pacific Railroad CoordinatorDaniel Nagy, PE 1 Community Outreach CoordinatorClaudia C. Mejia 1 Safety Beatrice M. Reynolds 1 AVAILABLE PERSONNEL 8.1 p. 241 of 379 City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services 27 4.C FIRM OVERVIEWS HILL INTERNATIONAL – PRIME PROPOSER Hill is a construction consulting firm that provides program and project management, construction management (CM), cost engineering and estimating, quality assurance, inspection, scheduling, risk management, and claims avoidance to clients worldwide. Hill has more than 200 industry experts available in California including staff in our San Jose and San Francisco Offices. Globally, Hill employs approxmiately 3,200 professionals and support personnel. Our staff includes professionals in all construction and building-related disciplines, including planners, schedulers, estimators, value engineering specialists, construction managers, resident engineers, construction inspectors, and a full range of technical and support staff to represent owners. Our depth of expertise means we will always be able to support Gilory’s Capital Improvement Program Project Management Services projects, regardless of manpower needs. Project Manager, Andrew Kreck, PE, CCM has personally selected a team of professionals ready to support Gilroy’s projects. Our team members focus on establishing positive relationships with all stakeholders; coordinating, mentoring, and supervising office and field staff; and verifying your projects are delivered safely, on-schedule, and within budget. Our resources are also invaluable for community coordination efforts, as many airport, projects involve construction within close proximity of local businesses, residences, and other establishments. QUALIFIED SUBCONSULTANTS Andy has personally selected a team of professionals ready to support Gilroy’s projects. Our team members focus on establishing positive relationships with all stakeholders; coordinating, mentoring, and supervising office and field staff; developing and implementing user-friendly document control systems; and verifying your projects are delivered safely, on-schedule, and within budget. Our resources are also invaluable for community coordination efforts, as many flood control and road projects involve construction within close proximity of local businesses, residences, and other establishments. BSK ASSOCIATES | MATERIALS TESTING BSK Associates will support this contract with materials testing/special inspection/materials lab services. BSK’s Livermore office and certified materials testing lab will augment Gilroy’s materials testing and materials lab capabilities when project demands in the field present and/or specialized materials lab capabilities are required. They are the only local Bay Area materials laboratory to have the materials lab personnel/ certifications/accreditations and capital equipment in place locally to offer the Superpave QA support required for projects designed to the new 2018 or the 2015 Caltrans specifications. They will perform services for this contract from their Livermore office and certified/accredited materials lab. BSK’s laboratory and construction services team are certified by multiple agencies. CHAVES & ASSOCIATES | DOCUMENT CONTROL/ADMINISTRATIVE SUPPORT Chaves and Associates is a certified minority woman-owned local firm with expertise in project and document control. They provide a balanced mix of leading technology advancements along with time proven solutions, successfully increasing project efficiency by reducing the resources needed to manage projects. Chaves provides document and project control system solutions, implementation, integration, customized reports, and end-user training. KEISH ENVIRONMENTAL, PC | ENVIRONMENTAL/SWPPP OVERSIGHT Keish Environmental, PC is a State certified Small Business Enterprise (SBE) and a Disadvantaged Business Enterprise (DBE)/Woman Owned Business Enterprise (WBE), specializes in construction 8.1 p. 242 of 379 City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services 28 and program management services specializing in stormwater and environmental compliance. Keish personnel have assisted with SWPPP and permit compliance monitoring on a broad spectrum of Risk Level 2 and 3 projects for the Santa Clara Valley Transportation Authority in Fremont, Milpitas, and San Jose, as well as Caltrans and local agency flood control and transportation infrastructure projects throughout the Bay Area. Keish field staff are all certified QSPs to help ensure even work in sensitive habitats is in full compliance with permit conditions and reporting requirements. The CEO is a QSD/P and one of 122 CASQA Trainers in the state under the Construction General Permit for stormwater. HILL TEAM PRINCIPAL-IN-CHARGE AND PROJECT MANAGER Project Manager, Andrew Kreck, PE, CCM will serve as one of the key staff members on this contract. Andrew’s experience includes construction oversight, conducting safety reviews, analyzing CPM schedules, implementing SWPPP programs, modifying and selecting contract specifications, and implementing value engineering proposals. He has coordinated with numerous agencies including cities, counties, transportation authorities, toll authorities, rail entities, utilities, and environmental regulators. Andy is dedicated to an environmentally- conscious approach to construction in compliance with applicable NEPA, CEQA, and regulatory requirements. He will confirm mitigation measures, and best management practices (BMPs) are adhered to throughout the project. As a Senior Transportation Engineer for Caltrans, Andrew developed the District 4 Guide for Field Operation Procedures for Caltrans Oversight Project and co-authored Caltrans’ 2004 Construction Oversight Manual. Andrew is knowledgeable and up to date with all of Caltrans’ current standard plans, standard specifications, construction manual, local assistant program, policies, and procedures. He will employ a coordinated approach for managing project and personnel requirements under this contract. This approach includes verifying personnel to meet project milestones, and deliverables dates all while providing high-quality services. Hill has carefully selected on call staffing quality assurance personnel with extensive recent and relevant experience and knowledge to accomplish Gilroy’s goals for construction inspection and support services for this contract. Our proposed team is comprised of professionals with hands- on experience providing similar construction inspection services for flood control and roadway improvement projects as requested in this RFP. KEY PERSONNEL AREAS OF PROFICIENCY CaltransRoadwaysIntersectionsUtilities Drainage SystemsSignalsPavementsConcrete StructuresRailAndrew J. Kreck, PE, CCM Principal-in-Charge/Project Manager John K. Skoury, PE Quality Assurance Timothy T. Brown, PE Design Manager Thomas M. Fitzgerald Construction Inspector Richard S. McIntosh, PE Construction Manager/Constructability Review Rachael Keish, PE, QSP/D, CGP & IGP ToR, ENV SP, ISI Verifier Environmental/SWPPP Oversight 8.1 p. 243 of 379 City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services 29 No.Title Name Years Exp.Firm Former Caltrans Firm State 1 Principal-in-Charge/Project Manager Andrew J. Kreck, PE, CCM*31 yrs Hill p #53375 CA 2 Quality Assurance John K. Skoury, PE*35 yrs Hill p #49723 CA 3 Design Manager Timothy T. Brown, PE 28 yrs Hill -#0402034638 VA 4 Construction Inspector Masood Batmanghelich, EIT*40 yrs Hill p EIT CA 5 Construction Inspector Thomas M. Fitzgerald 37 yrs Hill --- 6 Construction Inspector Youseff J. Saliba 13 yrs Hill --- 7 Construction and Electrical Inspector Reza Shokrpour*37 yrs Hill p -CA 8 Construction Inspector Amirhossein Yazdanbakhsh 25 yrs Hill --- 9 Environmental/SWPPP Oversight Rachael Keish, PE, QSP/D, CGP & IGP ToR, ENV SP, ISI Verifier 20 yrs Keish -#63627 CA 10 Environmental Inspector Paul Landan 7 yrs Keish --- 11 Environmental/SWPPP Oversight Hayden Kessenich 5 yrs Keish --- 12 Construction Manager/Constructability Review Richard S. McIntosh 41 yrs Hill --- 13 Construction Manager/Constructability Review Raymundo C. Balallo, PE*36 yrs Hill p #53070 CA 14 Construction Manager/Constructability Review Bharat K. Patel, PE*33 yrs Hill p #49545 CA 15 Document Controls Andrea Lynn Lewis 30 yrs Hill --- 16 Document Controls Kristen Jones 19 yrs Chaves --- 17 Structures Representative David W. Wu, PE*38 yrs Hill p #41265 CA 18 Cost Estimating Aron T. Aston, CEP, LEED AP BD+C 38 yrs Hill --- 19 Scheduling Mohammad Naqeeb yrs Hill --- 20 Project Controls/Office Engineer Steven Michael Batte 43 yrs Hill --- 21 Project Controls/Office Engineer Prasanth Kantamani 2 yrs Hill --- 22 Union Pacific Railroad Coordinator Dan Nagy, PE 21 yrs Hill -#72290 CA 23 Community Outreach Coordinator Claudia C. Mejia 10 Hill --- 24 Safety Manager Beatrice M. Reynolds 15 Hill --- *Staff who were previously employed by Caltrans, please reference cover letter for details on positions held. 4.D STAFFING ASSIGNMENTS Andrew J. Kreck, PE, CCM, PIC/Project Manager Timothy T. Brown, PE, Design Manager Raymundo C. Balallo, PE, Construction Manager/ Constructability Review Richard S. McIntosh, Construction Manager/ Constructability Review Bharat K. Patel, PE, Construction Manager/ Constructability Review John K. Skoury, PE, Quality Assurance PROJECT LEADERSHIP AND CONSTRUCTION MANAGEMENT CONSTRUCTION INSPECTORS, COMMUNITY OUTREACH AND ENVIRONMENTAL/SWPPP OVERSIGHT MEET OUR TEAM Thomas M. Fitzgerald, Construction Inspector Youseff Saliba, Construction Inspector Masood Batmanghelich, EIT, Construction Inspector Claudia C. Mejia, Community Outreach Coordinator Rachael Keish, PE, QSP/D, CGP & IGP ToR, ENV SP, ISI Verifier Environmental/ SWPPP Oversight Reza Shokrpour, Construction and Electrical Inspector* 8.1 p. 244 of 379 -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “C” MILESTONE SCHEDULE 4835-2267-0361v1 LAC\04706083 EXHIBIT “D” PAYMENT SCHEDULE City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services Page 4 ATTACHMENT B-1 - RATE SHEET HILL INTERNATIONAL, INC. Discipline/Classification Loaded Billing Rate Field (Low) Loaded Billing Rate Field (High) Principal/Principal Director $276.74 $345.93 Project Manager $219.09 $276.74 Quality Assurance $253.68 $276.74 Design Manager $219.09 $311.33 Construction Inspector (Prev Wage)$172.96 $202.94 Construction Manager $207.56 $253.68 Document Controls $103.78 $131.45 Structures Representiative $226.01 $249.07 Cost Estimator $149.90 $196.03 Scheduler $149.90 $196.03 Project Controls/Office Engineer $149.90 $212.17 UPRR Coordinator $219.09 $242.15 Community Outreach $138.37 $166.04 Safety Manager $184.49 $202.94 • Based on Hill International 2021 audit overhead rates • Labor rates are for year 2023 and annual 3% escalation will be initiated in January of each contract year City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services Page 5 COST OF SERVICE RFP No. 23-RFP-PW-476 Hill International Cost of Service Assumptions • • • • • • • • • • • Phase Billable Rate Hours Total Dollars Kickoff Project Manager $254 16 4,064$ Quality Assurance $235 -$ Design Manager $260 120 31,200$ Design Review $230 80 18,400$ Constructability Review $230 -$ UPRR Coordinator $242 8 1,936$ Document Controls $105 120 12,600$ Scheduler $160 -$ Cost Estimator(s)$150 -$ Total 344 68,200$ Pre-Design -$ Project Manager $254 16 4,064$ Quality Assurance $235 16 3,760$ Design Manager $260 240 62,400$ Design Review $230 240 55,200$ Constructability Review $230 120 27,600$ UPRR Coordinator $242 32 7,744$ Document Controls $105 240 25,200$ Scheduler $160 280 44,800$ Cost Estimator(s)$150 200 30,000$ Total 1384 260,768$ The Cost Proposal is based upon the following assumptions: 18-month performance period, Starting May 2023. In the 18 month we propose to have the identified projects through the procurement process. Estimates are based on spreadsheet “FY 23-28 CIP Project List 4.10.23” provided by Julie Oates via email on April 11, 2023. Originally 16 projects have been increased to include all project listed in Attachment C with a combined total 5 Year value of $23.23 million, Column S. Project Joint Morgan Hill-Gilroy Trunk Line Repairs is assumed to be the Five year CIP value of $1.8 million. It does not include efforts of beyond 5 years. All projects are fully funded, and no cash flow or financial assistance will be needed. The designers of record will be recommended from the City’s prequalified list. We will utilize established City of Gilroy processes and procedures. Including your PMIS system and procurement process. We will provide monthly draft project status reporting and quarterly draft reporting for City Management. Work will be bundled in at least 3 bundles: Long lead time project and Quick Start projects and the remaining will be separated and initiated along evaluation criteria including location size, type of work, time of year etc. Our work will be based on and will build upon the previous schedule scope and budget information provided by the City. Page 1 of 2 ATTACHMENT B-2 - COST OF SERVICE City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services Page 6 COST OF SERVICE Phase Billable Rate Hours Total Dollars Design Management -$ Project Manager $254 180 45,720$ Quality Assurance $235 40 9,400$ Design Manager $260 1410 366,600$ Design Review $230 740 170,200$ Constructability Review $230 120 27,600$ UPRR Coordinator $242 120 29,040$ Document Controls $105 320 33,600$ Scheduler $160 120 19,200$ Cost Estimator(s)$150 40 6,000$ Total 3090 707,360$ Procurement -$ Project Manager $254 24 6,096$ Quality Assurance $235 8 1,880$ Design Manager $260 240 62,400$ Design Review $230 40 9,200$ Constructability Review $230 40 9,200$ UPRR Coordinator $242 32 7,744$ Document Controls $105 120 12,600$ Scheduler $160 24 3,840$ Cost Estimator(s)$150 72 10,800$ Total 600 123,760$ Grand Total of Fees*5418 $ 1,160,088 Notes Not a Lump Sum Proposal. It is a time and material proposal. Based on 2021 Audited Field Overheard Rate Level of effort subject to negotiation* Position and staffing subject to negotiation* Subconsultant markup is 10% Escalation rate (3%) applies to subsequent years starting in January 2024 Rates for field staff are based on Prevailing Wage Provisions Reimbursable costs will be billed to the City for actual costs expended Travel related expenses may be reimbursable at cost with the City’s written pre-authorization Efficiency would be sought by combining City's individual project schedules to be concurrent Material Testing is not included in this Cost Proposal Design Support during construction is not included in this Cost Proposal Construction Management Services are not included in this Cost Proposal Additional resources will be identified and approved by the City prior to working Page 2 of 2 ATTACHMENT B-2 - COST OF SERVICE Page 7 City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services Project Number CIP PM Status Title Program FY24 FY25 FY26 FY27 FY28 Beyond 5 Years 5-Year Total Project Total 15 800250 Included Funded Casey and Swanston Water Line Replacement Utilities>Water 294,800$ 2,825,800$ 3,120,600$ 3,120,600$ 23 800350 Included Funded Luchessa/Church Traffic Signal Installation Streets 85,800$ 897,600$ 983,400$ 983,400$ 24 800360 Included Funded Mantelli/Kern Traffic Signal Installation Streets 94,600$ 983,900$ 1,078,500$ 1,078,500$ 25 800370 Included Funded Monterey/I.O.O.F. Traffic Signal Installation Streets 108,900$ 932,700$ 1,041,600$ 1,041,600$ 28 800400 Add Funded Monterey and Luchessa Storm Drain Modifications Utilities>Storm Drain 361,900$ 361,900$ 361,900$ 31 800430 Add Funded Cohansey Avenue/Terri Court Storm Drain Improvements Utilities>Storm Drain 25,210$ 25,210$ 25,210$ 32 800440 Included Funded Automall/Luchessa Traffic Signal Installation Streets 79,200$ 841,400$ 920,600$ 920,600$ 36 800480 Included Funded First/Kern Traffic Signal Installation Streets 182,600$ 902,300$ 1,084,900$ 1,084,900$ 38 800510 Add Funded Asbestos Cement Sewer Pipe Replacement Citywide Utilities>Wastewater 199,100$ 1,008,600$ 1,207,700$ 1,207,700$ 39 800520 Included Funded Carmel-Dowdy Alley - Sixth to Seventh Sewer Utilities>Wastewater 57,200$ 273,200$ 330,400$ 330,400$ 40 800530 Add Funded Large Diameter Sewer Rehabilitation Citywide Utilities>Wastewater 202,400$ 1,081,100$ 1,283,500$ 1,283,500$ 42 800550 Included Funded Old Gilroy - Chestnut to Forest Sewer Upgrade Utilities>Wastewater 35,200$ 251,600$ 286,800$ 286,800$ 43 800560 Included Funded Seventh St - Carmel-Dowdy to Hanna-Rosanna Alleys Utilities>Wastewater 48,400$ 211,300$ 259,700$ 259,700$ 45 800590 Included Funded Broadway and Sargent Water Line Replacement Utilities>Water 129,800$ 877,600$ 1,007,400$ 1,007,400$ 46 800600 Included Funded Church and Gurries Water Line Replacement Utilities>Water 66,000$ 314,600$ 380,600$ 380,600$ 47 800610 Included Funded Church Street - Welburn to First Water Line Replacement Utilities>Water 176,000$ 1,173,400$ 1,349,400$ 1,349,400$ 48 800620 Included Funded Forest and Eighth Water Line Replacement Utilities>Water 66,000$ 369,200$ 435,200$ 435,200$ 50 800640 Included Funded Monterey and Eighth Water Line Replacement Utilities>Water 74,800$ 406,700$ 481,500$ 481,500$ 51 800650 Remove Funded Abandon 2" Water Line from 7041 to 7161 Monterey Utilities>Water 108,900$ 847,000$ 955,900$ 955,900$ 52 800660 Included Funded Murray at Burke Water Line Reroute Utilities>Water 102,300$ 469,400$ 571,700$ 571,700$ 112 900740 Add Funded Monterey - Leavesley to Ronan Water Line Replacement Utilities>Water 535,700$ 4,651,900$ 5,187,600$ 5,187,600$ 127 SW2402 Add Funded Joint Morgan Hill-Gilroy Trunk Line Repairs Utilities>Wastewater 1,837,448$ 10,150,718$ 1,837,448$ 11,988,166$ Total 23,235,658$ CIP Project List Current FY24-28 CIP ProjectsCurren4/13/2023 Page 1 of 1 ATTACHMENT C - LIST OF PROJECTS City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services Page 12 BSK Associates - Schedule of Fees - July 1, 2022 to June 30, 2023 (North Prevailing Wage) BSK Fee Schedule 2022-2-NPW Page 1 of 2 PROFESSIONAL STAFF TECHNICAL STAFF (North Prevailing Wage) Principal 270.00$ Group 1 - Special inspector 160.00$ Senior Professional 240.00$ Group 2 - Special Inspector 155.00$ Project Professional II 225.00$ Group 3 - Engineering Technician 140.00$ Project Professional I 190.00$ Group 4 - Technician 125.00$ Staff Professional II 170.00$ Ground Penetrating Radar Scanning Technician 300.00$ Staff Professional I 150.00$ Core Drilling Technician 230.00$ Seismic GIS 210.00$ Floor Flatness Testing Technician 200.00$ GIS Specialist 150.00$ Sample Pickup / Transportation / Delivery 115.00$ Information Specialist II 170.00$ Laboratory Technician 125.00$ Information Specialist I 150.00$ Administrative Assistant / Clerical 95.00$ CAD 110.00$ Litigation support 1.5x standard rate Project Administrator 105.00$ BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES REIMBURSABLES Field Work from 0 to 4 hours Bill 4 hours Mileage (Portal to Portal)1.00$ Field Work from 4 to 8 hours Bill 8 hours Per Diem (as required)210.00$ Field Work over 8 hours / Saturdays Bill time and a half Bridge Toll Cost + 15%Sundays, holidays and over 12 hours Bill double time Parking Fees Cost + 15%Second/Special/Multi-Shift Base Rate x 12.5% Subconsultant Services Cost + 15%Show-up time (no work performed)Bill 2 hours Project Administration Fees 7% of Invoice Sampling or cylinder pickup, minimum charge Bill 2 hours DIR Administration Fees 3% of Invoice Project Setup (Project)525.00$ EQUIPMENT Nuclear Gauge (Day)67.00$ ANALYSIS SOFTWARE USAGE FEES Ultrasonic Weld Equipment (Day)67.00$ gINT (Project)62.00$ Torque Wrench (Day)67.00$ LPile (Project)62.00$ Proof Load Equipment (Day)67.00$ APile (Project)62.00$ Rebar Locator / Pachometer 122.00$ SHAFT (Project)62.00$ Hand Auger (Day)244.00$ GROUP (Project)121.00$ Water Meter (Day)62.00$ Cliq (Project)62.00$ Drilling Kit - Paint, stakes and lath - (Project)32.00$ LiquefyPro (Project)62.00$ Drilling Supplies - Reuse of tubes/caps (Project)305.00$ LiqIT (Project)53.00$ Manometer (Day)235.00$ NovoLIQ (Project)62.00$ Double Ring Infiltrometer (Day)608.00$ Slide (Project)121.00$ Settle3D (Project)121.00$ DIR/PREVAILING WAGE ADMINISTRATION FEES (MONTHLY) ArcGIS (Project)62.00$ Certified Payroll / DIR Upload 300.00$ EZ-FRISK (Per Project Site / Site Class)578.00$ Non-Performance Certified Payroll / DIR Upload 100.00$ Subcontractor Managemnet / Compliance Forms 100.00$ Additional LCP Tracker or Other Compliance Software 200.00$ Additional Special Forms, as required 150.00$ Moisture Density Curves California Bearing Ratio (CBR) Standard Proctor, 4" (ASTM/AASHTO)282.00$ CBR at 100% (ASTM D1883 or AASHTO T-180)614.00$ Modified Proctor, 4" Mold (ASTM/AASHTO)282.00$ CBR at 95% (ASTM D1883 or AASHTO T-180)1,190.00$ Modified Proctor, 6" mold (ASTM D1557)300.00$ Caltrans Maximum Wet Density (CT 216)257.00$ Permeability Tests Check Point 163.00$ Rigid Wall Permeability (ASTM D2434)338.00$ Flexible Wall Permeability (ASTM D5084)527.00$ Particle Size Analysis Remolded Flexwall Perm (ASTM D5084)670.00$ Sieve Analysis w/ Wash (ASTM D422)205.00$ Minus #200 Wash, Soil (ASTM D1140)100.00$ Soil Corrosivity Tests Hydrometer Analysis (ASTM D422)269.00$ Minimum Resistivity of Soils (CT 643)169.00$ Double Hydrometer (ASTM D4221)375.00$ pH 79.00$ Specific Gravity of Soil (ASTM D854)192.00$ Soluble Sulfate, Chloride and Sulfide 156.00$ Visual Classification (ASTM D2488)51.00$ Sand Equivalent (ASTM D2419)151.00$ Soil Cement Tests % Organics in Soil (ASTM D2974)164.00$ Freeze Thaw Abrasion (ASTM D560)751.00$ Wetting-Drying Abrasion (ASTM D559)713.00$ Atterberg Limits / Swell Tests Preparation of Freeze-Thaw or Wetting-Drying Tests 902.00$ Plasticity Index (ASTM D4318)263.00$ Soil Cement Compression (ASTM D1633)289.00$ Shrinkage Limits of Soils (ASTM D427)245.00$ Expansion Index of Soils (UBC No. 29)282.00$ Other Sand Density Calibration (ASTM D1566)112.00$ Moisture Density Test Tube Density 60.00$ Unconfined Compression Moisture Content of Soils (ASTM D2216)51.00$ Unconfined Compression (ASTM D2166)151.00$ "R" Value Determination Shear Tests R-Value of Soils (CT 301)477.00$ Direct Shear, Undisturbed (ASTM D3080)263.00$ R-Value of Treated Materials (CT 301))527.00$ Direct Shear, Remolded (ASTM D3080)314.00$ Triaxial Compression Testing QUOTE Consolidation Tests Consolidation (ASTM D2435)502.00$ Consolidation , Extra Points (ASTM D2435)67.00$ Collapse Potential of Soils (ASTM D2435)245.00$ Remolded Consolidation (ASTM D2435)425.00$ One-Dimen Swell of Soil (ASTM D4546)156.00$ PERSONNEL RATES MATERIALS LABORATORY TESTS SOILS BSK ASSOCIATES RATES City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services Page 13 BSK Associates - Schedule of Fees - July 1, 2022 to June 30, 2023 (North Prevailing Wage) BSK Fee Schedule 2022-2-NPW Page 2 of 2 Sieve Analysis Coarse or Fine (ASTM C136)100.00$ Cement Content Concrete (ASTM C1084)453.00$ Sieve Analysis w/ Fineness Modulus 107.00$ Chemical Test (ASTM C150)QUOTE Minus 200 Wash, Aggregates (ASTM C117)100.00$ Set Times Cement-Vicat Needle (ASTM C191)375.00$ Specific Gravity/Absorption (ASTM C127)192.00$ Specific Gravity of Hydraulic Cement (ASTM C191)181.00$ Specific Gravity/Absorption (ASTM C128)192.00$ Lineal Shrinkage Set of 3 (ASTM C157)477.00$ Organic Impurities (ASTM C40)100.00$ Compression Test of Concrete - 1 (ASTM C39)41.00$ % Lumps/Friable Particles (ASTM C142)97.00$ Compression Test of Concrete - 4 (ASTM C39)163.00$ % Flat and Elongated (ASTM D4791)151.00$ Compression Test of Core (ASTM C42)72.00$ Fine Aggregate Angularity (AASHTO 304)97.00$ Preparation of Specimens, Sawing 82.00$ Moisture Content (ASTM D2216)51.00$ Compressive Strength of Shotcrete Panel 382.00$ Aggregate Wt., pcf Compacted (ASTM C29)106.00$ Proportion of Cement in Concrete (ASTM C85)419.00$ Aggregate Wt., pcf Loose (ASTM C29)79.00$ Flexural Test Per Beam (ASTM C78)107.00$ Abrasion by LA Rattler, Small Size (ASTM C131)282.00$ Splitting Tensile Strength of Concrete (ASTM C496)107.00$ Abrasion by LA Rattler, Large Size (ASTM C131)343.00$ Unit Weight Lt Wt Concrete (ASTM C567)67.00$ Sodium Sulfate Soundness, Per Sieve (ASTM C88)131.00$ "AZ" Test-Reinforced Concrete Pipe "Life Factor"93.00$ Sodium Sulfate Soundness, Min. Charge (ASTM C88)419.00$ 9 Pt Core Measurements, Each (ASTM C174)41.00$ Sand Equivalent (ASTM D2419 OR CT 217-I)151.00$ Concrete Trial Batches QUOTE Durability Index (CT 229)300.00$ Unit Weight & Abs Concrete (ASTM D642)151.00$ Potential Reactivity of Aggregates QUOTE Accelerated Curing of Concrete (ASTM C684)300.00$ Cleanness Value of Aggregate (CT 227)216.00$ Cylinder Molds (each)8.00$ Hydrometer (ASTM D422 OR CT 205-E)269.00$ Storage of Concrete Cylinders for more than 45 Days 69.00$ % Crushed particles (CT 205)198.00$ RH Probe 69.00$ Lightweight Pieces (ASTM 123)263.00$ Calcium Chloride Kit 46.00$ Mixing Water (pH, elec. conductance, chloride, sulfate)119.00$ HOT MIX ASPHALT Contact Soil (pH, elec. conductance, chloride, sulfate)143.00$ JMF Mix Design, HVEEM 3,719.00$ JMF Mix Design, Marshall 4,407.00$ MASONRY JMF Mix Design, Superpave / Caltrans 10,737.00$ Concrete Masonry Units Testing (ASTM C90) JMF Verification - HMA - Superpave / Caltrans 6,222.00$ Compression Test Pavers, Single 92.00$ JMF Production Startup - Superpave / Caltrans 5,789.00$ Compression Test Composit CMU Prism 198.00$ RAP Material Testing - Additional Fee 753.00$ Specific Gravity and Unit Weight 138.00$ Rubberized RHMA Material - Additional Fee 1,737.00$ Moisture Content 64.00$ Hamburg Wheel Track (AASHTO T324)3,155.00$ Compression Test, Masonry Units (ASTM C140)125.00$ Gyratory Compaction (AASHTO T312)401.00$ Absorption / Moisture Content (ASTM C140)125.00$ AC Content by Centrifuge (ASTM D2172)344.00$ Linear Shrinkage (ASTM C426)483.00$ AC Content-Ignition (ASTM D6307 / CT382 / AASHTO T308)269.00$ Masonry Core Shear Test (Title 24)225.00$ Superpave Ignition Oven Correction (AASHTO T308)625.00$ Masonry Core Compression/Shear Test (Title 24)225.00$ Moisture Content of Asphalt (CT 370)79.00$ Compression Test Brick, Each (ASTM C67)93.00$ Gradation/Extraction Aggregate (ASTM D5444)163.00$ Absorption/ Unit Wt. of Brick (ASTM C67)93.00$ Film Stripping 107.00$ Compression Test Grout (Set of 3 or 4)144.00$ Compaction/Preparation of HMA Briquette (CT 304)263.00$ Compression Test Mortar (Set of 3 or 4)131.00$ Stabilometer Value (CT 366 / AASHTO T246)211.00$ AC Core Specific Gravity (ASTM D2726)67.00$ WELDING AND STRUCTURAL STEEL AC Core Specific Gravity - Paraffin Coated (AASHTO T275)175.00$ Welder Qualification Testing AC Max Density Rice Method (ASTM D2041)300.00$ Welder / Procedure Welder Qualification Testing QUOTE 289.00$ Face Bend of Steel 72.00$ Tensile Strength Ratio (AASHTO T283)1,316.00$ Root Bend of Weld Coupon 72.00$ Moisture Vapor Susceptibility (CT 307)245.00$ Side Bend of Weld Coupon 72.00$ AC Surface Abrasion (CT 360)601.00$ Tensile Test of Steel Coupon 100.00$ Index Retained Strength (ASTM D1074-D1075)538.00$ Bend Test of Steel Coupon 86.00$ AC Hveem Maximum Density (CT 375)538.00$ Machining Charges (Per Coupon)QUOTE Marshall Stability and Flow (ASTM D6927)300.00$ Brinell Hardness of Steel (ASTM E10)119.00$ Calculated AC Maximum Density (CT 367)119.00$ Rockwell Hardness of Steel (ASTM E18)119.00$ Marshall Maximum Density, 50 Blows (ASTM D6926)350.00$ Bolt Ultimate Load 159.00$ Examination of AC Cores 41.00$ Bolt Hardness (set of 3)119.00$ Thickness Determination of AC Cores 26.00$ Nut Hardness (set of 3)119.00$ AC Tensile-Strength Premixed ASTM D4867 777.00$ Washer Hardness (set of 3)119.00$ AC Tensile-Strength Lab Mixed ASTM D4867 1,316.00$ Proof Loading, bolt or nut 169.00$ REINFORCING STEEL Tensile & Bend of Rebar, #3 - #8 177.00$ FIREPROOFING Tensile & Bend of Rebar, #9 - #11 177.00$ Cohesion/Adhesion Fireproofing Materials 151.00$ Bend Test of Rebar 69.00$ Dry Density Fireproofing (ASTM E605)113.00$ Slip and Tensile Rebar Couplers (CT 670)258.00$ Tension Test of Welded Wire Fabric QUOTE Bend Test of Welded Wire Fabric QUOTE Weld Shear Test, Welded Wire Fabric QUOTE PT Cable Tensile and Elongation (ASTM A416 or A421)326.00$ PT Cable Preparation QUOTE Escalation: The prices noted above are subject to an increase of 5% annually, effective July 1 of each year following the initiation of a services agreement. CIR/FDR Compressive Strength Testing (pre-copmpacted specimen, includes conditioning) - CTM 371 MATERIALS LABORATORY TESTS AGGREGATES CONCRETE City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services Page 14 Chaves Rates Firm: Chaves & Associates Project: City of Gilroy Base Rate for Kristen Jones:55.00$ 153.23% 10.00%153.20$ General Staff Classifications Base Rate Minimum Overhead Profit Total Hourly Rate Field and Office Overhead Rate 153.23% 10.00% Project Admin 35.00$ 153.23% 10.00%97.49$ Document Control Manager 45.00$ 153.23% 10.00%125.35$ Office Engineer 55.00$ 153.23% 10.00%153.20$ Project Manager 60.00$ 153.23% 10.00%167.13$ General Staff Classifications Base Rate Maximum Overhead Profit Total Hourly Billable Rate Field and Office Overhead Rate 153.23% 10.00% Project Admin 45.00$ 153.23% 10.00%125.35$ Document Control Manager 60.00$ 153.23% 10.00%167.13$ Office Engineer 65.00$ 153.23% 10.00%181.06$ Project Manager 75.00$ 153.23% 10.00%208.91$ CHAVES & ASSOCIATES RATES City of Gilroy Public Works Department | No. 23-RFP-PW-476 Capital Improvement Program Project Management Services Page 15 Hourly Rates Updated hourly rates by Classification Sr. Environmental Engineer (Rachael Keish) $291.58 Environmental Inspector (Paul Landon) $148.13 Biologist (Hayden Kessenich) $117.07 KEISH ENVIRONMENTAL, PC RATES Page 1 of 7 City of Gilroy STAFF REPORT Agenda Item Title:Review of the Draft Ordinance Banning the Use of Certain Public Rights-of-way as Sleeping or Living Accommodations Meeting Date:May 15, 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 Not Applicable RECOMMENDATION Council provide direction regarding the proposed ordinance. EXECUTIVE SUMMARY The conditions of, and impacts from, the unhoused have been a matter of broad discussion and are an issue facing all municipalities throughout California and the nation. Since the Boise decision by the Federal Ninth Circuit Court of Appeals regarding the manner in which those experiencing homelessness are handled in the legal system, cities have been adjusting to adapt to both meet the intent of the Boise decision, consider compassionately the effects and impact of those experiencing homelessness along with the desire of residents to feel safe and have a healthy environment and community to raise families and enjoy our community. Through discussions on policy and the actions taken in other cities, Council has directed and staff has created a draft ordinance for review this evening by the City Council before the ordinance is brought forth for introduction and the process of codifying the ordinance as law within the City Limits. The ordinance seeks to establish areas where using public rights-of-way as sleeping or living accommodations within certain distances of parks, schools, daycares, and critical infrastructure susceptible to impacts of inappropriate use is prohibited. 10.1 p. 256 of 379 Review of the Draft Ordinance Banning the Use of Certain Public Rights-of-way as Sleeping or Living Accommodations City of Gilroy City Council Page 2 of 7 May 15, 2023 BACKGROUND The issue of the unhoused, both the conditions they face as well as the impacts on communities, has been in the national spotlight for years and has been an issue that sees increasing coverage in the media and in resident calls for service. The City Council has discussed this topic and formed an Unhoused Ad Hoc Committee to help address some of these challenges. Previous Council discussions on this matter include the following: •July 5, 2022 – Discussion was held about the unhoused and efforts to address no-camping prohibitions. Council authorized the Gilroy Police Department (“GPD”) to enforce no-camping ordinances on public property if it offers space at a homeless shelter to individuals beforehand and ensures that the particular shelter that it is offering to connect the individual with could accommodate their needs pursuant to The Americans with Disabilities Act (“ADA”). Additionally, Council authorized City personnel to clean and clear encampments in public parks and other public lands in compliance with a written protocol – GPD Police Policy 411 – that provides a number of safeguards required by the Courts, including outreach and notice to occupants, provision of social services, photographic documentation, safeguarding of occupants’ personal property, and the making available of shelter space for displaced occupants. •September 12, 2022 – Discussion was held about what other cities have done and that are consistent with the Boise decision, and that an ordinance prohibiting sitting, lying, or sleeping outside at particular times or in particular locations would be constitutionally permissible. Staff received direction to bring back key points for a potential ordinance that would prohibit camping in certain locations. •March 20, 2023 – Discussion on draft key policy points for a potential ban on what was referred to as camping in and near parks, schools, daycares, and critical infrastructure. The Council provided feedback to staff on modifications to be made and their concerns with the language. The proposed ordinance for review this evening was based on modified policy outline based on Council’s comments. In addressing this issue overall, the City has and continues to help provide or coordinate the provision of services and regulations to lessen impacts on the community. Some of the work that the City has contributed towards this effort includes the following: Work performed to coordinate and provide services to the unhoused: •Support Affordable Housing Efforts – This includes the Measure A Housing Project at the 8th and Alexander location and supporting the efforts alongside Santa Clara County to bring additional affordable housing programs to Gilroy. •Safe Parking Program – although the City was unable to identify a suitable service provider, the project is still a standing recommendation for pursuit by the City. 10.1 p. 257 of 379 Review of the Draft Ordinance Banning the Use of Certain Public Rights-of-way as Sleeping or Living Accommodations City of Gilroy City Council Page 3 of 7 May 15, 2023 •Partner with the City of Morgan Hill – the City has been working with Morgan Hill on emergency response and unhoused issues, including consistent inclement weather sheltering policies and programs. •Continue supporting unhoused service providers through CDBG grant funding – The City Council recently approved the most recent CDBG allocations to our unhoused service providers on May 1, 2023. •Coordinate monthly check-in meetings with lead unhoused service providers to address local unhoused issues – Community Development staff has taken a leadership position to help coordinate these meetings of service providers to help provide services to the unhoused in the community. •Endorsement of Destination: Home’s Community Plan to End Homeless. •Researching an agency to provide drug rehabilitation, job training, and job placement services. •Partner with the County Office of Supportive Housing – this has helped the City to gain access to its federal Permanent Local Housing Allocation funding. •Quality of Life Officers – hired two officers who are trained and tasked to both help connect the unhoused to service providers and, when necessary, enforce laws in and around encampments. Work being performed to mitigate impacts: •Mobile Garbage Removal Program – the City engaged a contractor to do select cleanup activities, and now the City has concluded the hiring process to hire two part-time employees to help with roving cleanup activities. •Purchase of a garbage removal dump truck – this has assisted Code Enforcement and other staffing in the garbage and illegal dumping cleanups. •Organization of community cleanup days – this work continues, with two cleanup events done, one this month on the 20th and continuing monthly into the future. ANALYSIS Ordinance Definitions Several definitions are relevant to the ordinance and define how the provisions will be enforced. The key definition is the definition of public right-of-way. The ordinance focuses the ban on public rights-of-way. As defined in the proposed ordinance, the public right-of-way is a property that is owned, managed, maintained by, or where property interest is held by the City of Gilroy. The enforcement provisions only pertain to these areas. For example, if an individual is attempting to use property that is not owned by the City, such as a creek owned by Santa Clara Valley Water District, even though it may be within a prohibition area, the City would not enforce against it under this ordinance since it is not a public right-of-way. 10.1 p. 258 of 379 Review of the Draft Ordinance Banning the Use of Certain Public Rights-of-way as Sleeping or Living Accommodations City of Gilroy City Council Page 4 of 7 May 15, 2023 Ordinance Prohibition Areas Below is a description regarding each of the classifications that drive the prohibition areas surrounding using public rights-of-way as sleeping or living accommodations. Parks Originally combined into a single category along with schools and daycares, parks were pulled out separately from the others as a result of discussion with the City Council. There was a concern raised that the language of sitting, lying, and sleeping in the park would limit the unhoused from using the park as a park and be a challenge to those who may wish to relax and recreate in this manner. As such, a change in the language for this section was included to allow for the use of the park and to grant discretion to a City employee to determine if the way the use is occurring is the simple use of the park or if it is the use of the park or area around the park to five hundred feet (500‘) as living or sleeping accommodations. A total of 28 park location sites are sectioned off in the map affixed to the resolution and will be shown on a larger scale at the Council Meeting. Schools and Daycares The category of schools and daycare locations also are proposed to have five hundred feet (500’) prohibition area, but not the allowance for sitting, lying, or sleeping as the Parks prohibition language utilizes. Pulling from the Gilroy Unified School District‘s website and other school site records, there are 19 school sites that have established prohibition areas. Additionally, searches through the internet and business license records show 22 known preschools and daycare locations. These sites have also been mapped with five hundred feet (500‘) prohibition areas. Critical Infrastructure Originally consisting of multiple categories, including hospitals, clinics, stations, and water tanks, among others, the comments from Council to simplify the prohibition were received, and revisions were made. Since most of the listed facilities were mainly on private property or were closed systems that are not as sensitive to pollution infiltration or public safety concerns as other critical infrastructure, the list was simplified to the following types of infrastructure, each with one hundred feet (100’) of prohibition zones: 1. Water Wells Currently, 12 well site locations, including drinking wells and water testing wells, are included in the map with prohibition zones. 2. Bridges Eighteen bridges or bridge segments are included on the list. Some of the bridges count as two in this total if the bridge spans are separated. The bridge segments, specifically, include the two spans of Highway 101 to the south entering and exiting the City Limits, where the bridges extend outside the City Limits. 10.1 p. 259 of 379 Review of the Draft Ordinance Banning the Use of Certain Public Rights-of-way as Sleeping or Living Accommodations City of Gilroy City Council Page 5 of 7 May 15, 2023 3. Over- and Under-Passes The map includes ten over/underpasses in six sites. Similar to the bridges, each span of an over- and under-pass is counted individually. 4. Railways The railroad through town is identified, running mostly along Monterey Road, though it angles eastward just north of Luchessa. Creeks The Creeks that are owned by the City and count as public rights-of-way include only the segment of Uvas Creek starting from Hecker Pass Highway (Highway 152) and Burchell Road and ending as it passes by the southeast side of Christmas Hill Park. The only other portion of the creek that is within the City’s area is the portion of the Miller Slough within Las Animas Park itself. All other creeks are either owned by Santa Clara Valley Water District (SCVWD), or are on private property with SCVWD easements, except Miller Slough west of Monterey, which has private property easement dedications listed as being held for “S.C. Flood Right-of-way.” As such, the City’s enforcement of these creeks would only be that section that the City has ownership of and the portion that already falls under the prohibition in Las Animas Park. Entrances and Exits, Fire Fighting Connections The City has not, nor is planning to map these locations. The sites are too numerous to map efficiently but also too small to have a significant impact in relation to the totality of the area within the City Limits. The largest prohibition zone is ten feet around driveways, loading docks, and building entrances and exits. Fire connections have a five feet prohibition area. Overall Impact Information Known existing encampments within the prohibition areas At this time, the number of known unhoused individuals that would fall under the impact of this ordinance is roughly estimated at between 75 and 100 individuals, those located in the portion of Uvas Creek that is City-owned. At this time, no known unhoused individuals are located in other areas that are both in the public right-of-way and inside a proposed prohibited area. However, there are potentially unknown individuals that may reside inside the proposed prohibited areas that have yet to be observed. Amount of area of the City that is within a prohibition area In totality, 31.62% of the area contained within the City Limits would be within a prohibition area under this ordinance, leaving 68.38% of the City’s area not covered by a prohibition area, which is a high majority of the total area of the City. Below is the breakdown from the City’s GIS data: 10.1 p. 260 of 379 Review of the Draft Ordinance Banning the Use of Certain Public Rights-of-way as Sleeping or Living Accommodations City of Gilroy City Council Page 6 of 7 May 15, 2023 Prohibition Areas Acreage Only Schools 1,073.43 Preschools and Daycares 526.22 Parks 1,522.81 Water Division Wells 25.20 Gilroy Bridges 31.12 Gilroy Railroad - Only the portion in city limits 119.35 Under and Over Pass 20.99 City portion of the Creek 28.25 Proposed Prohibition Coverage 3,347.37 City Limits 10,586.75 Percent Covered by Proposed Prohibition 31.62% Percent Not Covered by Proposed Prohibition 68.38% Enforcement Once the ordinance is adopted, the Quality of Life Officers and Community Development staff would engage our Local Service Providers Group to outreach to those within the prohibited areas during the 30-day waiting period for the ordinance to become effective. The intent is to allow the maximum time for accessing services from our local and regional service providers and attempting voluntary compliance. Enforcement is discretionary and subject to various staffing and budgetary constraints. ALTERNATIVES Council may provide direction to proceed with ordinance introduction, or it may reject, or modify the draft ordinance. FISCAL IMPACT/FUNDING SOURCE Adopting the ordinance will not have a financial impact on the City. Enforcement of such policies will be carried out through existing staff resources that are already appropriated each year. 10.1 p. 261 of 379 Review of the Draft Ordinance Banning the Use of Certain Public Rights-of-way as Sleeping or Living Accommodations City of Gilroy City Council Page 7 of 7 May 15, 2023 PUBLIC OUTREACH This subject has been discussed at multiple public meetings. These include the following: July 5, 2022; September 12, 2022; March 20, 2023; and tonight’s meeting. These discussions have focused on creating a policy to address unhoused individuals utilizing parks, creeks, and other public areas as living and sleeping accommodations. In addition, the City Council created an Unhoused ad hoc committee, which came up with 14 recommendations to help both the unhoused and to mitigate the effects of the unhoused on their neighboring communities. Additionally, the City will be advertising the public hearing in the local newspaper and on the City’s website for the regular City Council meeting where the draft ordinance is planned to be introduced. NEXT STEPS With Council direction, staff will then schedule the public hearing to introduce the ordinance at a future Council Meeting. Attachments: 1. Draft Ordinance with a map of affected areas as Attachment A. 10.1 p. 262 of 379 4857-0947-6958v1 EMAIL\04706248 ORDINANCE NO. 2023-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADDING CHAPTER 5 TO THE GILROY CITY CODE RELATING TO BANNING THE USE OF CERTAIN PUBLIC RIGHTS-OF-WAY AS SLEEPING OR LIVING ACCOMMODATIONS WHEREAS, the City Council of the City of Gilroy ("City") has considered the report from City staff and all public comment(s), if any, on the need to enact an ordinance in accordance with prohibiting the use of public rights-of-way as sleeping or living accommodations; and WHEREAS, the City finds that it has a legitimate and compelling interest in protecting the public health, welfare and safety of its residents, as well as preserving the same within the City, its parks and other public property; and WHEREAS, the City must appropriately consider various interests and formulate policy to best protect public health, safety, welfare, property, and the environment, with limited resources; and WHEREAS, the City Council acknowledges the lack of nightly shelter beds and housing currently available regionally and recognizes the systemic lack of state and federal investment in shelter and public health services for those experiencing homelessness; and WHEREAS, the City Council acknowledges that it is currently unavoidable that some people will live or shelter for survival outdoors until they are able to access affordable or free shelter or housing. In Gilroy, this has typically meant sheltering, sometimes for extended periods of time, on City rights-of-way and City property, and at times on other agencies’ property; and WHEREAS, public rights-of-way and public property are generally intended for public use and travel. The City Council is the authority for public rights-of-way within the City; as such, the City must consider the safety of motorists and pedestrians travelling on roadways and sidewalks, including to and from neighboring properties, businesses, and residences. The City has had increasing concerns regarding safety due to camping on or in rights-of way and public property in or near streets, roads, sidewalks, and public access points; and WHEREAS, the safety and protection of the most vulnerable population in Gilroy, children, is of paramount concern to the City Council; and WHEREAS, the City Council has heard reports from residents of negative interactions between those using public rights-of-way as sleeping and living accommodations and children travelling on paths towards, and locations near, schools and parks; and 10.1 p. 263 of 379 Ordinance No. 2023-XX Banning the Use of Certain Public Rights-Of-Way as Sleeping or Living Accommodations City Council Regular Meeting | DATE, 2023 Page 2 of 7 6 7 8 4857-0947-6958v1 EMAIL\04706248 WHEREAS, the City has also been made aware of instances where encampment locations near bridges in creeks have resulted in damaging activities that if had been left unaddressed could have resulted in eventual infrastructure failure that would negatively impact public safety; and WHEREAS, the City Council recognizes the difficult challenge of balancing the needs of the residents and public at large to access clean and sanitary public areas, as well as the assurance of safe travel with the needs of individuals who have no alternatives for living accommodations and the storage of their personal property, but also balancing those needs with the concerns of residents that using such property as living and sleep accommodations and storing personal property interferes with the rights of other members of the public to use public areas for their intended purposes and can create a public health or safety hazard that adversely affects those who use public areas. WHEREAS, the City has determined that an ordinance is necessary to protect the public health, welfare and safety of residents of the City, by enacting regulatory restrictions on using public rights-of-way for sleeping or living accommodations at designated locations; and WHEREAS, the City will maintain a map showing the portions of the City impacted by this ordinance, included and attached as Attachment A to this resolution; and WHEREAS, the area affected by this ordinance accounts for 31.6% of the total area of the City, leaving a large majority of the City’s area, 68.4% in total, unaffected by this ordinance; and WHEREAS, the City now desires to proceed with the process of enacting this ordinance for the purpose of protection of the public health, welfare and safety of its residents. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I The foregoing recitals are true and correct and are incorporated herein by this reference. SECTION II Chapter 5 of the Gilroy City Code shall be added to read as follows: 10.1 p. 264 of 379 Ordinance No. 2023-XX Banning the Use of Certain Public Rights-Of-Way as Sleeping or Living Accommodations City Council Regular Meeting | DATE, 2023 Page 3 of 7 6 7 8 4857-0947-6958v1 EMAIL\04706248 Chapter 5 Ban on the use of certain areas of public rights-of-way as sleeping or living accommodations 5.1 Definitions The definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this Chapter, and shall not apply to any other Chapter of the Gilroy City Code. (a) "City Employee" means any full or part-time employee of the City of Gilroy. (b) “Personal Property” means any tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, hammocks, sheds, structures, mattresses, couches, chairs, other furniture, appliances, and personal items such as household items, luggage, backpacks, clothing, documents and medication. (c) “Public right-of-way” means all property that is owned, managed, maintained by, or where property interest is owned by the City, and shall include, but not be limited to, any street, space, ground, building or structure. (d) “Sidewalk” means that portion of a street, other than the roadway, set apart by curbs, barriers, markings or other delineation, for pedestrian travel. (e) “Street” means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel or parking, and includes every highway, avenue, lane, alley, court, place, square, sidewalk, parking lot, parkway, curbs, bikeway or other public way in this City which has been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state. (f) “Tent” means a collapsible shelter made of fabric or a tarp stretched and sustained by supports, which is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the fabric. 5.2 Prohibition of using public rights-of-way as sleeping or living accommodations. (a) Parks and playgrounds No person shall obstruct by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property on a street, sidewalk, or other public right-of-way in the following locations when it reasonably appears, in light of all the circumstances, the participants in conducting these activities are in fact using the area as a sleeping or living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging: 10.1 p. 265 of 379 Ordinance No. 2023-XX Banning the Use of Certain Public Rights-Of-Way as Sleeping or Living Accommodations City Council Regular Meeting | DATE, 2023 Page 4 of 7 6 7 8 4857-0947-6958v1 EMAIL\04706248 1. Within five hundred (500) feet of any park or playground. This prohibition applies all year, overnight, on any weekends and weekdays, even when such facilities may be generally considered closed. (b) Other public rights-of-way No person shall obstruct by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property on a street, sidewalk, or other public right-of-way in the following locations: 1. In a manner that impedes passage, as provided by the Americans with Disabilities Act of 1990, Pub. L, No. 101-336, 104 Stat. 328 (1990), as amended from time to time. 2. Within five hundred (500) feet of any school or daycare facility. This prohibition applies all year, overnight, on any weekends and weekdays, even when such facilities may be generally considered closed. 3. Within one hundred (100) feet of critical infrastructure, including water wells, storm drain basins, railways, bridges and under- and over-passes. 4. Within ten (10) feet of any operational or utilizable building entrance, exit, driveway or loading dock. 5. Within five (5) feet of any fire hydrant, fire plug, or other fire department connection. 6. In a manner that obstructs or unreasonably interferes with the use of the right- of-way for any activity for which the City has issued a permit. 7. In a manner that obstructs any portion of any street or other public right-of-way open to use by motor vehicles, including any portion thereof marked as a bike lane. 8. Creeks and creek embankments within Gilroy City Limits. 5.3 Penalties A violation of this section involving a person who willfully resists, delays, or obstructs a City employee from enforcing this section or who willfully refuses to comply after being requested to do so by a City employee shall be punishable as a misdemeanor. All other violations of this section shall be enforceable only as infractions pursuant to Gilroy City Code Section 1.7 or by issuance of an administrative citation pursuant to Gilroy City Code Section 6A.13. 10.1 p. 266 of 379 Ordinance No. 2023-XX Banning the Use of Certain Public Rights-Of-Way as Sleeping or Living Accommodations City Council Regular Meeting | DATE, 2023 Page 5 of 7 6 7 8 4857-0947-6958v1 EMAIL\04706248 SECTION III If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION IV This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk is hereby directed to publish this Ordinance or a summary thereof pursuant to Government Code Section 36933. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this DATE day of Month, 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 10.1 p. 267 of 379 Ordinance No. 2023-XX Banning the Use of Certain Public Rights-Of-Way as Sleeping or Living Accommodations City Council Regular Meeting | DATE, 2023 Page 6 of 7 6 7 8 4857-0947-6958v1 EMAIL\04706248 ATTACHMENT A Map of Affected Areas within the City Limits of Gilroy 10.1 p. 268 of 379 Ordinance No. 2023-XX Banning the Use of Certain Public Rights-Of-Way as Sleeping or Living Accommodations City Council Regular Meeting | DATE, 2023 Page 7 of 7 6 7 8 4857-0947-6958v1 EMAIL\04706248 10.1 p. 269 of 379 Page 1 of 3 City of Gilroy STAFF REPORT Agenda Item Title:Report on Design Update for the Gourmet Alley and Railroad Pedestrian and Bicycle Beautification Improvements Project Meeting Date:April 17, 2023 From:Jimmy Forbis, City Administrator Department:Public Works Submitted By:Daryl Jordan, Public Works Director Prepared By:Daryl Jordan, Public Works Director STRATEGIC PLAN GOALS Maintain and Improve City Infrastructure RECOMMENDATION Receive report. BACKGROUND The City of Gilroy was awarded a $3.9 million grant in March of 2022 from the California Department of Transportation (Caltrans) Clean California Local Grant Program. The grant is intended for beautification, cleanup events and infrastructure improvements. The project includes the Gourmet Alley and Railroad Alley corridors. In general, the proposed improvement features were defined upfront to meet grant requirements. However, staff has been working diligently with our consultant (CSG) to provide the best possible features and options for downtown beautification. CSG will provide a presentation to inform the public and Council of the progress and options that have been reviewed. This project will transform these important alleyways into clean, well-lit, pedestrian friendly corridors that connect the public to both the city’s adjacent transit center and the Gilroy Center for the Arts. The alleys will be enhanced with various amenities such as new paving, marked paths for walking and biking, added shade, benches, wayfinding signage and waste and recycling receptacles, becoming a source of community pride. 11.1 p. 270 of 379 Report on Design Update for the Gourmet Alley and Railroad Pedestrian and Bicycle Beautification Improvements Project City of Gilroy City Council Page 2 of 3 April 17, 2023 Multiple cleanup events have also been incorporated into the grant, of which the first has been a success. Although we were unable to incorporate PG&E undergrounding for this project within the required construction timeframe, we are designing empty underground conduits for future consideration of undergrounding options. This will provide the option to relocate overhead utilities and not disturb the new improvements provided by the project. While construction is underway, we are also including needed maintenance on various water, storm and sewer infrastructure. On August 15, 2022, City Council awarded a contract to CSG in the amount of $343,240 for the design of the Gourmet Alley and Railroad Alley project. After awarding the contract, a public outreach meeting was held, receiving multiple comments and expectations from the neighboring businesses and citizens. CSG has worked to incorporate many of the ideas with the design team. Meanwhile, staff and CSG have been meeting on a weekly basis to collaborate on the design and construction documents. This update will provide the Council with a high-level outline of the progress that has been made on the design phase of the project. The design phase of the projected is to be 95% complete by the end of April. ANALYSIS The project creates new pedestrian space, safe from vehicular traffic, with improved lighting and ambience; custom furnishings; signage; space for restaurant tables and portable heaters; and shade from both canopy sails and new trees for Gourmet Alley. New lighting will be provided by a mix of string lights, post-top lanterns, and upgraded parking lights. The pedestrian environment will be improved by relocating garbage dumpsters from alleys to new trash enclosure buildings within the existing parking lots. The enclosures have been designed in coordination with Recology, and capacity has been designed with the anticipation of a future increase in the number of residential and commercial tenants on Monterey Road between 4th and 7th Streets. Engineering features include new pavement in alleys and parking lots; improved accessibility; storm drainage and sewer improvements; new joint trenches; and new lighting. Vehicle circulation will be limited to certain segments of Gourmet Alley, either for access to private parking lots or to allow access for garbage trucks. Pedestrian portions of the alleys will allow for flexible access by delivery vehicles per a schedule to be developed. The focus for Railroad Alley is for beautification and accessibility rather than custom furnishings proposed on Gourmet Alley. The location adjacent to the railroad is not 11.1 p. 271 of 379 City of Gilroy City Council Page 3 of 3 April 17, 2023 Report on Design Update for the Gourmet Alley and Railroad Pedestrian and Bicycle Beautification Improvements Project conducive to outdoor business activities, therefore the design for Railroad Alley will focus on functional improvements, such as pavement, lighting, and storm drain utilities. Such improvements will also serve to increase visibility and safety. Discussions with the City, consultants, and downtown community led to five over- arching project goals: 1) Beautify Public Space; 2) Improve Public Spaces for Walking and Biking; 3) Support Local Businesses and Economic Development; 4) Improve Safety and Visibility; 5) and Encourage Placemaking. Bid documents will be complete by summer 2023. Construction is anticipated to begin late 2023 and be completed by summer 2024. NEXT STEPS Staff will work with CSG to provide 100% design documents. Staff will then prepare bidding documents for the formal Public Works Project procurement process per City policy. Staff will evaluate the construction bids and present award recommendations to Council for approval. Upon City Council approval, construction contracts will be executed, and construction will commence. Attachments: 1. Gourmet Alley Plans 11.1 p. 272 of 379 GOURMET ALLEY GOURMET ALLEY GOURMET ALLEYGOURMET ALLEY ® 11.1 p. 273 of 379 34 11.1 p. 274 of 379 34 11.1 p. 275 of 379 34 11.1 p. 276 of 379 34 11.1 p. 277 of 379 34 11.1 p. 278 of 379 34 11.1 p. 279 of 379 27 34 34 11.1 p. 280 of 379 27 34 34 11.1 p. 281 of 379 27 34 34 11.1 p. 282 of 379 27 34 34 11.1 p. 283 of 379 27 34 34 11.1 p. 284 of 379 ® 11.1 p. 285 of 379 ® 11.1 p. 286 of 379 ® 11.1 p. 287 of 379 ® 11.1 p. 288 of 379 ® 11.1 p. 289 of 379 ® 11.1 p. 290 of 379 ® 11.1 p. 291 of 379 ® 11.1 p. 292 of 379 ® 11.1 p. 293 of 379 ® 11.1 p. 294 of 379 ® 11.1 p. 295 of 379 34 11.1 p. 296 of 379 34 11.1 p. 297 of 379 34 11.1 p. 298 of 379 34 11.1 p. 299 of 379 Los AngelitosParty Sup. Mr TravelMark's Records "Western Auto" Pinnacle Bank 5 5 5 Frontier Communications VACANT Vines &PintsVACANTBook Buyers Building(redevelopment)Covale Brewery Gilroy Flower Shopatrium 5 5 5 5 5 5 Station 55 RestaurantPUBLIC PARKINGLOT 7511 Gourmet LEGEND 340102040 ®SCALE 1" = 10' (AT 22" X 34" SHEET) 11.1 p. 300 of 379 Los AngelitosParty Sup. Mr TravelMark's Records "Western Auto" Pinnacle Bank 5 5 5 Frontier Communications VACANT Vines &PintsVACANTBook Buyers Building(redevelopment)Covale Brewery Gilroy Flower Shopatrium 5 5 5 5 5 5 Station 55 RestaurantPUBLIC PARKINGLOT 7511 Gourmet LEGEND 340102040 ®SCALE 1" = 10' (AT 22" X 34" SHEET) 11.1 p. 301 of 379 Taqueria Los Pericos ?The BarberAcademy WindermereReal Estate Chamber ofCommerce The VermillionSalon Garlic City Gilroy DispatchCafe(unknown)S paseo 5 5 5 5 5 5 5 5 PRIVATE PARKINGLOT PUBLIC PARKINGLOTOffices Bartender'sUnion Promised LandBrewingRealtySociety Gilroy Antiques(redevelopmentto residential) Bike Center Las AmericasPanadería Bakery Bertolone Building Bella VivaRestaurant / Bar Residential(redevelopment) (residential) 5 5 5 5 TFB DesignsVACANT LOT LEGEND 340102040 ®SCALE 1" = 10' (AT 22" X 34" SHEET) 11.1 p. 302 of 379 Taqueria Los Pericos ?The BarberAcademy WindermereReal Estate Chamber ofCommerce The VermillionSalon Garlic City Gilroy DispatchCafe(unknown)S paseo 5 5 5 5 5 5 5 5 PRIVATE PARKINGLOT PUBLIC PARKINGLOTOffices Bartender'sUnion Promised LandBrewingRealtySociety Gilroy Antiques(redevelopmentto residential) Bike Center Las AmericasPanadería Bakery Bertolone Building Bella VivaRestaurant / Bar Residential(redevelopment) (residential) 5 5 5 5 TFB DesignsVACANT LOT LEGEND 340102040 ®SCALE 1" = 10' (AT 22" X 34" SHEET) 11.1 p. 303 of 379 The Millias Restaurant Millias Apartments Botanica SanBenito Design Offices VACANT6 6 6 Neon ExchangeCoworking Space Garlic City Auction Sixth Street Studios Panchita Field Gilroy Center for the Arts / Arts AllianceSouth Valley Civic Theatre (SVCT) /Limelight Actors Theatre 6 6 6 6 6 7 Eigleberry Parking Lot Project LEGEND 340102040 ®SCALE 1" = 10' (AT 22" X 34" SHEET) 11.1 p. 304 of 379 The Millias Restaurant Millias Apartments Botanica SanBenito Design Offices VACANT6 6 6 Neon ExchangeCoworking Space Garlic City Auction Sixth Street Studios Panchita Field Gilroy Center for the Arts / Arts AllianceSouth Valley Civic Theatre (SVCT) /Limelight Actors Theatre 6 6 6 6 6 7 Eigleberry Parking Lot Project LEGEND 340102040 ®SCALE 1" = 10' (AT 22" X 34" SHEET) 11.1 p. 305 of 379 Los AngelitosParty Sup. ?The BarberAcademy WindermereReal Estate Chamber ofCommerce The VermillionSalon Garlic City Gilroy DispatchCafe RealtySociety Gilroy Antiques(redevelopmentto residential) Bike Center Las AmericaPanadería Bak VACANT(unknown)Mr Travel VACANTRecordsBook Buyers Building(redevelopment)"Western Auto"Covale Brewerypaseo atrium PRIVATE PARKINGLOT PUBLIC PARKINGLOT PUBLIC PARKINGLOT 7 Offices South Valley Pharmacy Services PUBLIC PARKING LOT - 4TH ST TO 5TH ST BLOCK LEGEND PUBLIC PARKING LOT - 5TH ST TO 6TH ST BLOCK 340204080 ®SCALE 1" = 20' 11.1 p. 306 of 379 20'20'20' 15'15'15' 10'MIN 12' private alley privatepublic parking alley private private alley TYPICAL SECTION A TYPICAL SECTION B TYPICAL SECTION C 34051020 ®SCALE 1" = 5' 11.1 p. 307 of 379 GOURMET ALLEY GOURMET ALLEY GOURMET ALLEYGOURMET ALLEY ® 11.1 p. 308 of 379 34 11.1 p. 309 of 379 34 11.1 p. 310 of 379 34 11.1 p. 311 of 379 34 11.1 p. 312 of 379 34 11.1 p. 313 of 379 34 11.1 p. 314 of 379 27 34 34 11.1 p. 315 of 379 27 34 34 11.1 p. 316 of 379 27 34 34 11.1 p. 317 of 379 27 34 34 11.1 p. 318 of 379 27 34 34 11.1 p. 319 of 379 ® 11.1 p. 320 of 379 ® 11.1 p. 321 of 379 ® 11.1 p. 322 of 379 ® 11.1 p. 323 of 379 ® 11.1 p. 324 of 379 ® 11.1 p. 325 of 379 ® 11.1 p. 326 of 379 ® 11.1 p. 327 of 379 ® 11.1 p. 328 of 379 ® 11.1 p. 329 of 379 ® 11.1 p. 330 of 379 34 11.1 p. 331 of 379 34 11.1 p. 332 of 379 34 11.1 p. 333 of 379 34 11.1 p. 334 of 379 Los AngelitosParty Sup. Mr TravelMark's Records "Western Auto" Pinnacle Bank 5 5 5 Frontier Communications VACANT Vines &PintsVACANTBook Buyers Building(redevelopment)Covale Brewery Gilroy Flower Shopatrium 5 5 5 5 5 5 Station 55 RestaurantPUBLIC PARKINGLOT 7511 Gourmet LEGEND 340102040 ®SCALE 1" = 10' (AT 22" X 34" SHEET) 11.1 p. 335 of 379 Los AngelitosParty Sup. Mr TravelMark's Records "Western Auto" Pinnacle Bank 5 5 5 Frontier Communications VACANT Vines &PintsVACANTBook Buyers Building(redevelopment)Covale Brewery Gilroy Flower Shopatrium 5 5 5 5 5 5 Station 55 RestaurantPUBLIC PARKINGLOT 7511 Gourmet LEGEND 340102040 ®SCALE 1" = 10' (AT 22" X 34" SHEET) 11.1 p. 336 of 379 Taqueria Los Pericos ?The BarberAcademy WindermereReal Estate Chamber ofCommerce The VermillionSalon Garlic City Gilroy DispatchCafe(unknown)S paseo 5 5 5 5 5 5 5 5 PRIVATE PARKINGLOT PUBLIC PARKINGLOTOffices Bartender'sUnion Promised LandBrewingRealtySociety Gilroy Antiques(redevelopmentto residential) Bike Center Las AmericasPanadería Bakery Bertolone Building Bella VivaRestaurant / Bar Residential(redevelopment) (residential) 5 5 5 5 TFB DesignsVACANT LOT LEGEND 340102040 ®SCALE 1" = 10' (AT 22" X 34" SHEET) 11.1 p. 337 of 379 Taqueria Los Pericos ?The BarberAcademy WindermereReal Estate Chamber ofCommerce The VermillionSalon Garlic City Gilroy DispatchCafe(unknown)S paseo 5 5 5 5 5 5 5 5 PRIVATE PARKINGLOT PUBLIC PARKINGLOTOffices Bartender'sUnion Promised LandBrewingRealtySociety Gilroy Antiques(redevelopmentto residential) Bike Center Las AmericasPanadería Bakery Bertolone Building Bella VivaRestaurant / Bar Residential(redevelopment) (residential) 5 5 5 5 TFB DesignsVACANT LOT LEGEND 340102040 ®SCALE 1" = 10' (AT 22" X 34" SHEET) 11.1 p. 338 of 379 The Millias Restaurant Millias Apartments Botanica SanBenito Design Offices VACANT6 6 6 Neon ExchangeCoworking Space Garlic City Auction Sixth Street Studios Panchita Field Gilroy Center for the Arts / Arts AllianceSouth Valley Civic Theatre (SVCT) /Limelight Actors Theatre 6 6 6 6 6 7 Eigleberry Parking Lot Project LEGEND 340102040 ®SCALE 1" = 10' (AT 22" X 34" SHEET) 11.1 p. 339 of 379 The Millias Restaurant Millias Apartments Botanica SanBenito Design Offices VACANT6 6 6 Neon ExchangeCoworking Space Garlic City Auction Sixth Street Studios Panchita Field Gilroy Center for the Arts / Arts AllianceSouth Valley Civic Theatre (SVCT) /Limelight Actors Theatre 6 6 6 6 6 7 Eigleberry Parking Lot Project LEGEND 340102040 ®SCALE 1" = 10' (AT 22" X 34" SHEET) 11.1 p. 340 of 379 Los AngelitosParty Sup. ?The BarberAcademy WindermereReal Estate Chamber ofCommerce The VermillionSalon Garlic City Gilroy DispatchCafe RealtySociety Gilroy Antiques(redevelopmentto residential) Bike Center Las AmericaPanadería Bak VACANT(unknown)Mr Travel VACANTRecordsBook Buyers Building(redevelopment)"Western Auto"Covale Brewerypaseo atrium PRIVATE PARKINGLOT PUBLIC PARKINGLOT PUBLIC PARKINGLOT 7 Offices South Valley Pharmacy Services PUBLIC PARKING LOT - 4TH ST TO 5TH ST BLOCK LEGEND PUBLIC PARKING LOT - 5TH ST TO 6TH ST BLOCK 340204080 ®SCALE 1" = 20' 11.1 p. 341 of 379 20'20'20' 15'15'15' 10'MIN 12' private alley privatepublic parking alley private private alley TYPICAL SECTION A TYPICAL SECTION B TYPICAL SECTION C 34051020 ®SCALE 1" = 5' 11.1 p. 342 of 379 EXISTING CONDITIONS 11.1 p. 343 of 379 OPTION 3: DESIGN HIGHLIGHTS – PROMENADE FOOTPATH 11.1 p. 344 of 379 OPTION 3: DESIGN HIGHLIGHTS – PLAZA NODES AT BARS & CAFES 11.1 p. 345 of 379 OPTION 3: DESIGN HIGHLIGHTS – FLEX SPACE, FOOD COURT, MARKET SPACE 11.1 p. 346 of 379 OPTION 3: RENDERINGS IN THE SPACE 11.1 p. 347 of 379 OPTION 3: RENDERINGS IN THE SPACE 11.1 p. 348 of 379 OPTION 3: RENDERINGS IN THE SPACE 11.1 p. 349 of 379 OPTION 3: RENDERINGS IN THE SPACE 11.1 p. 350 of 379 PROJECT TIMELINE Clean CA Grant Project Opens to PublicAwardedPublic Meeting Council Meeting June 2024March 2022 November 2022 May 2023 Final Design DueCity Awards Design Contract Construction Begins November 2023 August 2022 August 2023 11.1 p. 351 of 379 Page 1 of 3 City of Gilroy STAFF REPORT Agenda Item Title:Approval of a Two-year Agreement with Silicon Valley Creates for an Amount Not-to-exceed $50,000 for Funding the "Elevate Gilroy Through the Arts" Program Meeting Date:May 15, 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 Not Applicable RECOMMENDATION Council approve the agreement with Silicon Valley Creates for the “Elevate Gilroy Through the Arts” program. BACKGROUND Silicon Valley Creates (SVCreates) is the County of Santa Clara’s official arts agency and a regional funder of the arts, aiming to strengthen the arts in all corners of the county, yet their investment in Gilroy is unique and represents an acknowledgment of the importance of our community. In 2020, with funding from the Rainin Foundation and support from the County of Santa Clara, SVCreates launched a pilot program to explore ways to bring arts services and resources to the artists and residents in Gilroy. Since then, SVCreates has continued to expand its efforts to build the capacity and impact of the local arts community and partner with the Gilroy Arts & Culture Commission. They convened the monthly Gilroy Arts Roundtable, which has built a strong network of local artists. SVCreates is beginning 2023 with a commitment to a third year of collaboration with Gilroy and the local arts community and with funding secured to launch a new grant program for arts projects in Gilroy that they are calling Elevate Gilroy Through the Arts. 11.2 p. 352 of 379 Approval of a Two-year Agreement with Silicon Valley Creates for an Amount Not-to-exceed $50,000 for Funding the "Elevate Gilroy Through the Arts" Program City of Gilroy City Council Page 2 of 3 May 15, 2023 ANALYSIS As part of their program, SVCreates issued to the City a proposal statement and request from SVCreates for the City to support and provide additional funding for their Elevate Gilroy through the Arts grant program for artists and art organizations in Gilroy. The request is for funding totaling $50,000, spread evenly over two years of the program. These funds will be combined with funding from the Packard Foundation ($120,000) and Santa Clara County ($15,000) for a total program funding of $185,000. The program will provide $150,000 of direct grants for arts projects in the City of Gilroy. The remaining program budget will be for program management and administration by SVCreates. Attached to this staff report is the proposal from SVCreates, which provides more information about how they anticipate the program will be conducted. SVCreates has stated that the City is more competitive for grants if the City is willing to commit funds to the arts, thus leveraging the City’s contributions for additional grant monies. It also can be used to help leverage private donations as well, given that the City is supporting local arts and artists. Like our other agreements with non-profit organizations, the proposed agreement requires accountability to the City for the use of the requested funding. The agreement requires two annual reports. The first report and presentation before Council will be due by the end of June 2024. The second annual payment won’t be issued until this report on the performance and use of funds has been presented to the City Council. As part of the presentation, staff will assess compliance with the agreement terms and inform Council of any known issues and subsequent corrections, if any. ALTERNATIVES Council may reject the proposal to fund the Elevate Gilroy Through the Arts program. Additionally, Council may also authorize a different amount of funding to be committed if it so desires. FISCAL IMPACT/FUNDING SOURCE $50,000 total from the General Fund over two years. If approved, the first year’s amount of $25,000 would be paid from current appropriations in Fiscal Year 2023, and no budget action is needed. The second payment of $25,000, if approved, would be included in the City of Gilroy’s budget proposal for Fiscal Year 2024. PUBLIC OUTREACH This item was included on the publicly posted agenda for tonight’s regular City Council meeting. Additional outreach will be done through the e-mail newsletter regarding the Council’s actions at tonight’s meeting. SVCreates will market the program itself. 11.2 p. 353 of 379 Approval of a Two-year Agreement with Silicon Valley Creates for an Amount Not-to-exceed $50,000 for Funding the "Elevate Gilroy Through the Arts" Program City of Gilroy City Council Page 3 of 3 May 15, 2023 NEXT STEPS The agreement will be executed if approved, and the payments will be made as identified in the proposed agreement. Attachments: 1. Draft Agreement with SVCreates 11.2 p. 354 of 379 -1- 4835-2267-0361v1 LAC\04706083 AGREEMENT FOR SERVICES (For contracts over $5,000 - CONSULTANT) This AGREEMENT made this 1st day of May, 2023, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: Silicon Valley Creates, having a principal place of business at 225 North Market Street, #210, San Jose, CA 95110. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on May 1, 2023 and will continue in effect through June 30, 2024 unless terminated in accordance with the provisions of Article 7 of this Agreement. Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. ______ Initial ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes. CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S employees, including, without limitation, disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT A. Specific Services CONSULTANT agrees to: Perform the services as outlined in Exhibit “A” (“Specific Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit “C” (“Milestone Schedule”). B. Method of Performing Services CONSULTANT shall determine the method, details and means of performing the above- described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT’S services. 11.2 p. 355 of 379 -2- 4835-2267-0361v1 LAC\04706083 C. Employment of Assistants CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT’S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONSULTANT exceed Fifty Thousand Dollars ($50,000.00). B. Invoices CONSULTANT shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit “A”, Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be 11.2 p. 356 of 379 -3- 4835-2267-0361v1 LAC\04706083 responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting “direct expenses” referenced on Exhibit “A.” ARTICLE 5. OBLIGATIONS OF CONSULTANT A. Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. B. Workers’ Compensation CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or death of any of CONSULTANT’S employees. C. Indemnification of Liability, Duty to Defend 1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. 2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, 11.2 p. 357 of 379 -4- 4835-2267-0361v1 LAC\04706083 including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called “extended reporting” or “tail” coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY’S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that: •CITY will not withhold FICA (Social Security) from CONSULTANT’S payments; •CITY will not make state or federal unemployment insurance contributions on CONSULTANT’S behalf; •CITY will not withhold state or federal income tax from payment to CONSULTANT; •CITY will not make disability insurance contributions on behalf of CONSULTANT; •CITY will not obtain workers’ compensation insurance on behalf of CONSULTANT. 11.2 p. 358 of 379 -5- 4835-2267-0361v1 LAC\04706083 ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT’S duties under this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of Consultant’s Business/ Death of Consultant. CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’ receipt of such notice of sale. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT. B. Termination by City for Default of Consultant Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONSULTANT’S failure to professionally and/or timely perform any of the services contemplated by this Agreement. 2. CONSULTANT’S breach of any of its representations, warranties or covenants contained in this Agreement. CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C” which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT’S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY 11.2 p. 359 of 379 -6- 4835-2267-0361v1 LAC\04706083 may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed-Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. D. Transition after Termination Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT’s duties by any new consultant hired by the CITY to complete such services. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either. 11.2 p. 360 of 379 -7- 4835-2267-0361v1 LAC\04706083 C. Attorneys’ Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. F. Conflict of Interest CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. 11.2 p. 361 of 379 -8- 4835-2267-0361v1 LAC\04706083 H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. I. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. L. Waiver CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONSULTANT:CITY: SILICON VALLEY CREATES CITY OF GILROY By:By: Name:Connie Martinez Name:Jimmy Forbis Title:Chief Executive Officer Title:City Administrator Social Security or Taxpayer Identification Number 94-2825213 11.2 p. 362 of 379 -9- 4835-2267-0361v1 LAC\04706083 Approved as to Form ATTEST: City Attorney City Clerk 11.2 p. 363 of 379 -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “A” SPECIFIC PROVISIONS I. PROJECT MANAGER CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign Alexandra Urbanowski, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED/COMPLETION OF SERVICE A. NOTICE TO PROCEED CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written “Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, the Assistant to the City Administrator shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. (“Notices”) of this Exhibit “A”. B. COMPLETION OF SERVICES When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit “C”. IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement. 11.2 p. 364 of 379 -2- 4835-2267-0361v1 LAC\04706083 Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT’S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. B. RESPONSIBILITY OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY’S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY’s offices within five (5) business days after CITY’s request. 11.2 p. 365 of 379 -3- 4835-2267-0361v1 LAC\04706083 D. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. NO PLEDGING OF CITY’S CREDIT. Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit “A”. CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 11.2 p. 366 of 379 -4- 4835-2267-0361v1 LAC\04706083 H. NOTICES. Notices are to be sent as follows: CITY: Jimmy Forbis, City Administrator City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: Connie Martinez, Chief Executive Officer Silicon Valley Creates 255 North Market Street, Suite #200 San Jose, CA 95110 I. FEDERAL FUNDING REQUIREMENTS. If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply. If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply. 1. DBE Program CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant against Contingent Fees The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 11.2 p. 367 of 379 -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “B” SCOPE OF SERVICES CONSULTANT shall perform the following: A. Implement the CONSULTANT's Elevate Gilroy Through the Arts, a Gilroy Arts Pilot Grant Program ("Program") as created by CONSULTANT, with the following conditions and terms: 1. The Program will operate for two years, with the first year running from July 1, 2023 through June 30, 2024, and the second year running from July 1, 2024 through June 30, 2025. 2. The CITY shall provide financial contributions of $25,000 per year of the Program, up to the maximum amount as stated in this Agreement, $50,000. The CITY shall issue the first payment of $25,000 within 45 days of the Effective Date of this Agreement. The CITY will then issue the second payment of $25,000 within 45 days of the presentation of the annual report to the Gilroy City Council, as described in section B(X) below. 3. CONSULTANT shall utilize the funding from the Packard Foundation and the County of Santa Clara, combined with the CITY's payments as outlined in this Agreement, to fund grants ranging from $5,000 to $20,000 to fund visible, publicly accessible arts projects in downtown Gilroy. CONSULTANT shall administer and manage the Program. All administrative costs will be covered through funding from the Packard Foundation and the County of Santa Clara. 4. Identified objectives for the Program from CONSULTANT include: (a) Support the creation and presentation of culturally relevant artistic work. (b) Raise the visibility and voice of local artists. (c) Engage the community and activate public spaces through the arts. (d) Catalyze capacity and resilience in our historically under-resourced arts ecosystem. (e) Encourage and leverage other funding for the arts in Gilroy. (f) Rally public support of the arts as a fundamental part of Gilroy's economic and urban development. 5. Grant Guidelines (a) Year One Program Generally Artists and arts organizations based in the greater Gilroy area will be invited by CONSULTANT to apply to the first year of the Program for projects and/or programs to be delivered in Gilroy between July 2023 and August 2024. Grants will be competitive and limited by the available funding. Partial funding may be awarded. Approximately 7 to 10 grants will be awarded. Details 11.2 p. 368 of 379 -2- 4835-2267-0361v1 LAC\04706083 on the second year of the Program may change based on the report and results of the first year of the Program. (b) Grant Eligibility Requirements. To qualify for the Program, and access to the CITY Contributed funding, the Program shall establish the following eligibility requirements, as established between the CONSULTANT and CITY: ● Eligible applicants can be individual artists, nonprofit arts organizations, or creative small businesses or LLCs (note that individual artists, LLCs, or for-profit businesses without a fiscal sponsor will be responsible for any tax obligation required when receiving grants). ● Eligible artists and organizations will be based in the greater Gilroy area (including San Martin, Morgan Hill, Hollister, San Juan Bautista). ● Eligible applicants will include a lead artist or organizations with a minimum of three years of experience with arts projects or programming in the Gilroy area OR a minimum of three previous specific art pieces or projects or work samples to show; these may include murals, festivals, programs for youth, performances, or organized exhibits etc. ● Eligible projects will serve Gilroy residents and take place in Gilroy. ● Eligible projects will engage local artists. ● Eligible lead applicant must be 21 years old or older; younger artists of all ages are welcome to participate and be on project teams. (c) Grant Evaluation Criteria. CONSULTANT shall rate grant applications by criteria that they have established, as established between the CONSULTANT and CITY: ● Projects will be arts experiences (e.g. performances, exhibitions, programs, festivals, murals) that are accessible to the public and activate public space. ● Projects will be culturally relevant to Gilroy, i.e. reflecting the history, geography, culture, diversity, current issues, or unique local traits. ● Projects will have the potential to attract public attention, engage audiences, and raise the visibility of the value of the arts in Gilroy. ● Applicant artists or arts organizations will demonstrate the capacity to successfully manage and complete project. ● Competitive applications will be from artists or arts organizations who demonstrate a commitment to artistic craft, artistic development, and to fair compensation to artists. 11.2 p. 369 of 379 -3- 4835-2267-0361v1 LAC\04706083 ● Priority will be given to projects which provide opportunities for artists from historically under-resourced communities (e.g. BIPOC, other-abled, LGBTQ+) and /or opportunities for youth engagement. (d) Application Process ● Step 1: Intent to Apply/Project Concept: Interested applicants will provide brief answers to a short list of questions about their project idea by phone, email or in person to CONSULTANT's staff. ● Step 2: Development of Proposal: After review of all Project Concepts, applicants will be invited to work with CONSULTANT's staff to develop the details of their project proposal, budget, and formal application. CONSULTANT will provide one on one assistance as needed in this stage. Applications can be submitted in English or Spanish. Support will be available in both languages. Additional application accommodations may be made upon request. ● Step 3: Final Applications will be reviewed and evaluated by a panel of local artists and leaders and a limited number of projects will be selected by that panel to receive funding. B. Provide the CITY with regular reporting. CONSULTANT shall document the grant making process for Elevate Gilroy, and prepare a report to be issued to the City and a presentation to the City Council at the completion of the first year of the program, and then a final report at the end of the second year of the program. 11.2 p. 370 of 379 -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “C” MILESTONE SCHEDULE The first annual report and presentation to the City Council of the City of Gilroy shall occur no later than June 30, 2024. The second and final report for the program shall occur no later than June 30, 2025. 11.2 p. 371 of 379 4835-2267-0361v1 LAC\04706083 EXHIBIT “D” PAYMENT SCHEDULE The City shall issue payment once per fiscal year. CONSULTANT shall invoice the CITY upon contract execution, with the first payment to be issued within 45 days of the invoice. The second payment shall be issued within 45 days of receiving the first annual report presentation to the Gilroy City Council at a regularly scheduled, public meeting of the City Council no later than the month of June, 2024. 11.2 p. 372 of 379 Page 1 of 4 City of Gilroy STAFF REPORT Agenda Item Title:Adopt a Resolution Setting the 2023 Fireworks Service Fee for Impacts on City Fire and Police Services Related to the Sale and Use of Safe and Sane Fireworks Pursuant to Gilroy City Code Chapter 10A Meeting Date:May 15, 2023 From:Jimmy Forbis, City Administrator Department:Community Development Submitted By:Sharon Goei, Community Development Director Prepared By:Monica Sendejas, Management Analyst STRATEGIC PLAN GOALS Ensure Neighborhood Equity from City Services RECOMMENDATION Adopt a resolution of the City Council of the City of Gilroy setting the 2023 Fireworks Service Fee for impacts on City Fire and Police Services related to the sale and use of safe and sane fireworks pursuant to Gilroy City Code Chapter 10A. EXECUTIVE SUMMARY Pursuant to Gilroy City Code Section 10A.8(b), the Fireworks Service Fee is to be determined each year by the City's Fire and Police Chiefs and adopted by Council resolution. The Fireworks Service Fee is intended to provide funding for the City to take action to accomplish the following: 1. Reduce the use of illegal and dangerous fireworks that occur in conjunction with the legal use of safe and sane fireworks during the 4th of July period. 2. Augment staffing in preparation for an increase in police, fire, and emergency medical services (EMS) activity resulting from fireworks usage. 11.3 p. 373 of 379 2023 Fireworks Service Fee City of Gilroy City Council Page 2 of 4 May 15, 20231 1 0 2 The Fireworks Service Fee is separate and different from the booth permit and application fee that the City charges for the operation of safe and sane fireworks sales booths. BACKGROUND The City Code does not specify the activities the Fireworks Service Fee intends to cover or how the mitigation activity will be structured. It does state in Ordinance 2004-03 that the intent of the fee is to alleviate the financial impacts of experiencing a significant number of non-routine Fire and Police requests for services, emergency calls, and citizen complaints, all of which are related to the use of illegal and legal fireworks during the 4th of July celebrations. In the past, the Police and Fire Chiefs determined the required staffing and deployment, including the following: •Staffing additional dispatchers for the July 4th period •Staffing additional patrol officers for the July 4th period •Staffing an additional Fire Engine for the July 4th period •Adding additional staffing to existing fire engines for the July 4th period •Preparing and sending utility bill insert (electronic and mailed) in English/Spanish notification to Gilroy residents, social media Facebook marketing (paid boosts), and Fireworks prohibited posters in the Wildland Urban Interface (WUI) Gilroy City Code Section 10A.8 requires that the safe and sane fireworks vendors pay a Fireworks Service Fee to fund additional staff resources to counter the use of illegal and dangerous fireworks during the July 4th period. The Fireworks Service Fee is to provide cost recovery for the Gilroy Fire and Police Departments' fireworks mitigation activities. The City Code establishes a limit of booth permits and grandfathers the booth permit to organizations that had a permit the prior year. Currently, one vendor provides the fireworks for up to 15 non-profit organizations with booth permits. The vendor monitors the existing organizations as well as manages any potential new applicants for a booth permit that becomes available. How, or if, the vendor recoups the fee from the potential 15 non-profit organizations is a contractual arrangement between the vendor and the non-profit booth organizations and is not dictated by the City Code. However, the vendor typically assesses a portion of the estimated fee to each organization. This fee ranges between 6-8% of the organization’s revenue, which depends on the fee and that year’s revenues. ANALYSIS The estimated cost of the 2023 fireworks mitigation activities is $56,887.32. The Police Department, Fire Department, and Fire Marshal's Office each provided the cost analysis for their portion of the plan using the Finance Department’s calculated fully burdened hourly rate by position. This is the cost breakdown of the fireworks mitigation activities: 11.3 p. 374 of 379 2023 Fireworks Service Fee City of Gilroy City Council Page 3 of 4 May 15, 20231 1 0 2 Fully Burdened Hourly Rate Overtime Hours No. of Staff No. of Hours Total POLICE DEPARTMENT Police Sergeant $196.50 1.5 1 5.5 $1,621.13 Police Corporal $176.28 1.5 1 5.5 $1,454.31 Patrol Officer $161.21 1.5 12 5.5 $15,959.79 Public Safety Communicator $115.96 1.5 2 5.5 $1,913.34 TOTAL POLICE $20,948.57 FIRE DEPARTMENT Fire Captain $186.26 1.5 4 10 $11,175.60 Fire Engineer $167.46 1.5 4 10 $10,047.60 Firefighter I/II $159.52 1.5 4 10 $9,571.20 TOTAL FIRE $30,794.40 FIRE PREVENTION Deputy Fire Marshal $156.86 1.5 1 15 $3,529.35 Fireworks Prohibited Posters $415.00 Fireworks Facebook Boosts $200.00 Utility Bill Insert (electronic and mailed)$1,000.00 TOTAL FIRE PREVENTION $5,144.35 TOTAL FIREWORKS SERVICE FEE $56,887.32 The wholesale vendor that supplies the State Certified Safe and Sane Fireworks to the non-profit organizations pays the Fireworks Service Fee. The fee is deposited into a fireworks mitigation account and is then transferred to each department’s revenue accounts. Since the fees are based on the costs provided by each department, there is typically no shortage or overage. However, if there is an excess of funds collected, staff could apply the excess funds to next year’s fireworks service fee. However, if additional overtime is required to implement the mitigation activities, the City could add any unreimbursed overtime costs to the fee calculation for the following year’s program. The attached Resolution is to adopt the Fireworks Service Fee for implementing the 2023 fireworks mitigation activities. ALTERNATIVES The City Council could decide to take no action. A Fireworks Service Fee would not be established to provide funding to reduce the use of illegal and dangerous fireworks. Additional enforcement would not occur, or funding would be provided through the General Fund or a combination of reduced enforcement with General Fund resources. Staff does not recommend this action. 11.3 p. 375 of 379 2023 Fireworks Service Fee City of Gilroy City Council Page 4 of 4 May 15, 20231 1 0 2 FISCAL IMPACT/FUNDING SOURCE Staff does not anticipate any net costs to the City as the fee charged to the vendor is based on the actual cost of implementing fireworks mitigation activities. The cost of the 2022 fireworks mitigation activities was $53,250.59. The estimated cost of the 2023 fireworks mitigation activities is $56,887.32. PUBLIC OUTREACH If and when adopted, community engagement efforts will be undertaken to share this Fireworks Service Fee information with the community between the adoption date and the July 4th holiday. NEXT STEPS If approved, staff would implement the 2023 Fireworks Service Fee and fireworks mitigation activities. Attachments: 1. Draft Resolution 2. Exhibit A - 2023 Fireworks Service Fee Calculation 11.3 p. 376 of 379 RESOLUTION NO. 2023-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SETTING THE ANNUAL FIREWORKS SERVICE FEE FOR IMPACTS ON CITY FIRE AND POLICE SERVICES RELATED TO THE SALE AND USE OF SAFE AND SANE FIREWORKS PURSUANT TO GILROY CITY CODE CHAPTER 10A WHEREAS, Chapter 10A of the City of Gilroy (“City”) City Code regulates the local retail sale, use, and storage of “safe and sane fireworks” as defined in 12529 of the Health and Safety Code of the State of California; and WHEREAS, the City Fire and Police Departments each year experience a significant number of non-routine Fire and Police requests for services, emergency calls, and citizen complaints, all of which are directly related to the use of illegal and legal fireworks during the 4th of July period; and WHEREAS, the City Council on April 5, 2004, adopted Ordinance No. 2004-03, adding section 10A.8(b) to Chapter 10A of the City Code to establish a permit fee for fireworks sales and a fireworks service fee to alleviate the financial impacts of providing public safety services directly related to the 4th of July celebrations; and WHEREAS, Ordinance No. 2004-03 requires that the fireworks service fee be determined by the City’s Fire and Police Chiefs and adopted annually by City Council resolution; and WHEREAS, the City Council also, on April 5, 2004, adopted Resolution No. 2004- 24, directing the City’s Fire and Police Chiefs to develop a fireworks mitigation strategy for the upcoming 4th of July celebrations each year, setting forth the amount of the fireworks service fee to recover the anticipated costs; and WHEREAS, the City Fire and Police Chiefs have developed a fireworks mitigation strategy for the 4th of July 2023, celebrations that includes both public information and additional public safety staff hours at an anticipated cost to the City of $56,887.32, and WHEREAS, the City Council, on May 15, 2023, reviewed the Fireworks Service Fee for the 4th of July 2023, attached hereunto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY AS FOLLOWS: 1. Based on the July 4, 2023 fireworks mitigation strategy with supporting documents (e.g., Staff Report, Mitigation Fee Calculation), the fireworks service fee for 2023 has been determined to be $56,887.32. 11.3 p. 377 of 379 Resolution No. 2023-XX Annual Fireworks Service Fee City Council Regular Meeting | May 15, 2023 Page 2 of 2 2. On May 15, 2023, the City Council reviewed the fireworks service fee for the 4th of July 2023 and finds that the fee is a reasonable regulatory cost designed to mitigate the adverse health, safety, environmental, and/or other societal effects from the local retail sale, use, and storage of “safe and sane fireworks” as regulated by Gilroy City Code Chapter 10A and is no more than necessary to cover the costs of the City’s Police and Fire Departments July 4th fireworks mitigation activities. PASSED AND ADOPTED this 15th day of May 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 11.3 p. 378 of 379 EXHIBIT A (2023 Fireworks Service Fee Calculation) Fully Burdened Hourly Rate OT Hours # of Staff # of Hours Total Police Department Police Sergeant (OT)$196.50 1.5 1 5.5 $1,621.13 Police Corporal (OT)$176.28 1.5 1 5.5 $1,454.31 Patrol Officer (OT)$161.21 1.5 12 5.5 $15,959.79 Public Safety Communicator (OT)$115.96 1.5 2 5.5 $1,913.34 TOTAL POLICE $20,948.57 Fire Department Fire Captain (OT)$186.26 1.5 4 10 $11,175.60 Fire Engineer (OT)$167.46 1.5 4 10 $10,047.60 Firefighter I/II (OT)$159.52 1.5 4 10 $9,571.20 TOTAL FIRE $30,794.40 Fire Prevention Deputy Fire Marshal (OT)$156.86 1.5 1 15 $3,529.35 Fireworks Prohibited Posters & Duct Tape $415.00 Fireworks Facebook Boosts $200.00 Utility Bill Insert (electronic and mailed)$1,000.00 TOTAL Fire Prevention $5,144.35 TOTAL PROGRAM $56,887.32 LESS ACT. BALANCE $0.00 TOTAL FEE $56,887.32 11.3 p. 379 of 379