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09/18/2023 City Council Regular Agenda PacketSeptember 18, 2023 | 6:00 PM Page 1 of 5 City Council Regular Meeting Agenda Packet CITY COUNCIL REGULAR MEETING AGENDA PACKET CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET, GILROY, CA 95020 MONDAY, SEPTEMBER 18, 2023 | 6:00 PM 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 PUBLIC COMMENTS ON AGENDA ITEMS ARE TAKEN BEFORE THE CITY COUNCIL TAKES ACTION. Please keep your comments to 3 minutes. Time restrictions may vary based on the Mayor's discretion. Send written comments on any agenda item to publiccomment@cityofgilroy.org or City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by 1 p.m. on the meeting day will be distributed to the City Council before the meeting. Comments are also available 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 assistance, contact the City Clerk’s Office 72 hours before the meeting at (408) 846-0204 or cityclerk@cityofgilroy.org. If you dispute any planning or land use decision from this meeting in court, you may only raise issues you or someone else presented at this meeting's public hearing or in written letters to the City Council before the hearing. Be aware that the time to seek a judicial review of any final decision made at this meeting is defined by Section 1094.6 of the California Code of Civil Procedure. During this meeting, a Closed Session may be called under Government Code Section 54956.9 (d)(2). This will happen if, in the City's legislative body's opinion (based on current facts, circumstances, and legal advice), there's a significant risk of a lawsuit against the City. Additional materials submitted after agenda distribution are available on www.cityofgilroy.org as soon as possible. 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. September 18, 2023 | 6:00 PM Page 2 of 5 City Council Regular Meeting Agenda Packet 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 translation assistance, contact the City Clerk 72 hours before the meeting at 408-846-0204 or 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. Accessing Meeting Translations | Accediendo a las Traducciones de la Reunión 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. Use sus auriculares para escuchar el audio o leer la transcripción en el dispositivo. The agenda for this meeting is outlined 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 1.7. Employee Introductions 2. CEREMONIAL ITEMS - Proclamations and Awards 2.1. Proclamation Proclaiming September 17 - 23, 2023 as Constitution Week 3. PRESENTATIONS TO THE COUNCIL 3.1. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL This part of the meeting allows public address on non-agenda topics within the Council's jurisdiction. To speak, complete a Speaker's Card from the entrances and give it to the City Clerk. Speaking time ranges from 1-3 minutes based on the Mayor's discretion. Extended discussions or actions on non-agenda items are restricted by law. For Council action, the topic September 18, 2023 | 6:00 PM Page 3 of 5 City Council Regular Meeting Agenda Packet may be listed on a future agenda. Email written comments on non-agenda topics to publiccomment@cityofgilroy.org or mail to City Hall, 7351 Rosanna Street, Gilroy, CA 95020, by 1:00 pm on the meeting day. These comments, available at City Hall, will be shared with the Council and included in the meeting record. Late submissions will be shared as soon as possible. A 10-page limit applies to hard-copy materials, but electronic submissions are unlimited. 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 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), VTA Mobility Partnership, 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 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. BOARD AND COMMISSION INTERVIEWS 7.1. Interviews for Open Seats on Boards, Commissions, and Committees with Future Appointment October 2, 2023 1. Staff Report: Thai Nam Pham, City Clerk 2. Possible Action: September 18, 2023 | 6:00 PM Page 4 of 5 City Council Regular Meeting Agenda Packet Interview candidates for open seats on City of Gilroy Boards, Commissions, and Committees. 8. CITY COUNCIL TRAINING 8.1. Housing Laws/Public Contracting/Design-Build 9. CONSENT CALENDAR Items under the Consent Calendar are deemed routine and approved with one motion. If a Council member or a member of the public wishes for a separate discussion on an item, it must be requested for removal before the Council's approval vote. If removed, the item will be discussed in its original order. 9.1. Approval of the Action Minutes of the September 11, 2023 City Council Regular Meeting 9.2. Claim of Cari McCormick (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute a denial of the claim 10. BIDS AND PROPOSALS 10.1. Award the Purchase and Replacement of the Fire Departments Inventory of Self-Contained Breathing Apparatus (SCBA) for the Total Amount of $850,003.60 Utilizing Sourcewell’s Cooperative Purchasing Contract No. 032620 1. Staff Report: Jim Wyatt, Fire Chief 2. Public Comment 3. Possible Action: 1. Award the purchase and replacement of the Fire Department’s Self- Contained Breathing Apparatus Personal Protective Equipment to LN Curtis in the amount of $850,003.60 utilizing Sourcewell’s Cooperative Purchasing Contract No. 032620; and 2. Authorize the City Administrator to execute the purchase contract documents. 11. PUBLIC HEARINGS (NONE) 12. UNFINISHED BUSINESS 12.1. Approval of Consulting and Reimbursement Agreement between the City of Gilroy and Sharks Ice, LLC 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: 1. Approve an agreement with Sharks Ice, LLC in the amount of $270,000 for consulting services for the design and construction of the Gilroy Ice Center; and 2. Authorize the City Administrator to execute the agreement. September 18, 2023 | 6:00 PM Page 5 of 5 City Council Regular Meeting Agenda Packet 13. INTRODUCTION OF NEW BUSINESS 13.1. Report on Measures Taken to Improve the Condition of Las Animas Park, Including Safety and Crime Prevention 1. Staff Report: Bryce Atkins, Assistant to the City Administrator 2. Public Comment 3. Possible Action: Receive the report. 13.2. Sidewalk Vending Permit Fee and Supervising Code Enforcement Officer 1. Staff Report: Sharon Goei, Community Development Director 2. Public Comment 3. Possible Action: 1. Adopt a resolution establishing a permit application fee and annual renewal fee for sidewalk vending; 2. Approve the addition of a Supervising Code Enforcement Officer position in the Community Development Department; and 3. Adopt a resolution approving the updated Position Control List for FY 24. 14. CITY ADMINISTRATOR'S REPORTS 14.1. 2023 Aquatics Center Season Recap 15. CITY ATTORNEY'S REPORTS 16. ADJOURNMENT FUTURE MEETING DATES October 2023 2 Regular Meeting - 6:00 p.m 16 Regular Meeting - 6:00 p.m November 2023 6 Regular Meeting - 6:00 p.m 20 Regular Meeting - 6:00 p.m December 2023 4 Regular Meeting - 6:00 p.m 11 Special Meeting - 6:00 p.m 18 Regular Meeting - 6:00 p.m -CANCELED- Meetings are webstreamed on the City of Gilroy’s website at gilroy.city/meetings. 2.1. Proclamation Proclaiming September 17 - 23, 2023 as Constitution Week Agenda Item 2.1 Agenda Packet Page 6 of 159 Agenda Item 2.1 Agenda Packet Page 7 of 159 7.1. Interviews for Open Seats on Boards, Commissions, and Committees with Future Appointment October 2, 2023 1. Staff Report: 2. Possible Action: Interview candidates for open seats on City of Gilroy Boards, Commissions, and Committees. Agenda Item 7.1 Agenda Packet Page 8 of 159 Page 1 of 3 City of Gilroy STAFF REPORT Agenda Item Title:Interviews for Open Seats on Boards, Commissions, and Committees with Future Appointment October 2, 2023 Meeting Date:September 18, 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 Interview candidates for open seats on City of Gilroy Boards, Commissions, and Committees. EXECUTIVE SUMMARY The City of Gilroy aims to appoint members to several vacant seats across six Boards, Commissions, and Committees. While efforts have been made to fill these vacancies throughout 2023 and publicize them extensively, multiple seats remain unfilled. Out of the vacancies, ten applications were received by the end of the application period on September 8, 2023. Interviews are scheduled for today, with final decisions by October 2, 2023. BACKGROUND The annual recruitment to fill seats on six boards was initiated by the City Council, ending on November 30, 2022. The vacancies are as follows: Arts and Culture Commission One (1) seat with a term expiring 12/31/2024 Library Commission One (1) seat with a term expiring 12/31/2026 Agenda Item 7.1 Agenda Packet Page 9 of 159 Interviews for Open Seats on Boards, Commissions and Committees with Future Appointment October 2, 2023 City of Gilroy City Council Page 2 of 3 September 18, 2023 Open Government Commission One (1) seat with terms expiring 12/31/2024 Parks and Recreation Commission One (1) seat with a term expiring 12/31/2025 Personnel Commission Two (2) seats with terms expiring 12/31/2026 Physically Challenged Board of Appeals Two (2) seats with terms expiring 12/31/2025 One (1) seat with term expiring 12/31/2026 To ensure a broad applicant base, staff used the City's website, social media, and direct outreach to past applicants. Following the conclusion of the application period on September 8, 2023, at 5 p.m., staff received a total of ten (10) applications to the following boards, commissions, and committees: Arts & Culture Commission Applicants No applications Library Commission No applications Open Government Commission 1. Diego Martinez 2. Sandra Ramirez 3. Rebecca Garcia 4. Akur Varadarajan 5. Appolonia Salinas 6. Ann Marie McCauley Parks and Recreation Commission 1. Roselynn Bowers 2. Appolionia Salinas 3. Dale Davis Personnel Commission 1. Akur Varadarajan Physically Challenged Board of Appeals No applications CONCLUSION The recruitment process continues for seats with insufficient applications. Interviews are planned for this evening, and appointments will be concluded in the upcoming City Council meeting on October 2, 2023. Attachments: Agenda Item 7.1 Agenda Packet Page 10 of 159 Interviews for Open Seats on Boards, Commissions and Committees with Future Appointment October 2, 2023 City of Gilroy City Council Page 3 of 3 September 18, 2023 1) Open Government Commission Application – Diego Martinez 2) Open Government Commission Application – Sandra Ramirez 3) Open Government Commission Application – Rebecca Garcia 4) Open Government Commission Application – Akur Varadarajan 5) Open Government Commission Application – Appolonia Salinas 6) Open Government Commission Application – Ann Marie McCauley 7) Parks and Recreation Commission Application – Roselynn Bowers 8) Parks and Recreation Commission Application – Appolonia Salinas 9) Parks and Recreation Commission Application – Dale Davis 10)Personnel Commission Application – Akur Varadarajan Agenda Item 7.1 Agenda Packet Page 11 of 159 CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. From:noreply@civicplus.com To:City Clerk Subject:EXTERNAL - Online Form Submittal: City of Gilroy Application for Board, Commission and Committee Appointment Date:Tuesday, May 3, 2022 1:56: 45 PM City of Gilroy Application for Board, Commission and Committee Appointment City of Gilroy Application for Board, Commission, and Committee Appointment All Commission, Board and Committee applications are a public record. First Name Diego Last Name Martinez Board/Commission/Committee of Interest Open Government Commission Are you a registered voter within the City limits? Yes Physical Address 1 City, State, Zip Phone Number E-mail Address Alternate Phone Number Field not completed. List your qualifications for this appointment: I am currently in my sophomore year at Gavilan College where I am majoring in political science. I have great computer literacy, leadership, dependability, research skills, communication and teamwork, and I am also fluent in Spanish as my second language. List any service to the community including any prior appointments. I have volunteered at goodwill and at St. Mary’s food pantry back in 2016-2017. I have also helped create petitions for action at the apartments that I live at. What are you goals while serving on this Board/Commission/Committee? I hope to help the community grow as this is where I have lived all of my life. I aim to gain experience in my field of study, which is political science, and to use that experience to come back in the future to run for office Agenda Item 7.1 Agenda Packet Page 12 of 159 in Gilroy. I wish to serve with complete eloquence. Why are you the most qualified to serve on this Board/Commission/Committee? I am the most qualified to serve, as I believe I will be the most passionate about serving my city and to help the people of this great community. I will be the most dependable out of everyone, and will strive to create a great experience for myself and my peers. Declaration of Residency I Understand Email not displaying correctly? View it in your browser. Agenda Item 7.1 Agenda Packet Page 13 of 159 City of Gilroy Board, Committee, & Commission Application All Commission, Board, and Committee applications are a public record. Board/Committee/Commission of Interest: Name:Sandra Ramirez Phone number(s): email address*: Are you a registered voter within the City limits? Yes Physical Address*: Driver’s License or ID No.: Date of Birth*: Last 4 of SSN: List your qualifications for this appointment: I am currently on three board at my work and have been involved in many of the decision. List any service to the community including any prior appointments: At the moment I have no service to the community unless you count me bring items from NASA to the library for kids to get in involved in Science and Math. What are your goals while serving on this Board/Commission/Committee? My goal is to understand and help my community in which I feel it affect me. By being able to see how things work in the city office I can address issues in a proper way. Why are you the most qualified to serve on this Board/Commission/Committee? I am qualified to serve on the boards is because I want to make sure our city is well plan and get the community involved to better Gilroy as a city. By clicking on this box, I declare under penalty of perjury that I am currently a registered voter within the City limits of the City of Gilroy. Furthermore, I understand that this application and any attachments are subject to disclosure under the Public Records Act and must complete mandatory Open Government Ordinance Training. I further understand that members of the Planning Commission, Building Boards of Appeals, and Physically Challenged Board of Agenda Item 7.1 Agenda Packet Page 14 of 159 Appeals are also subject to filing the Fair Political Practice Commission’s Statement of Economic Interest Form 700 relating to financial disclosures. Agenda Item 7.1 Agenda Packet Page 15 of 159 City of Gilroy Board, Committee, & Commission Application All Commission, Board, and Committee applications are a public record. Board/Committee/Commission of Interest: Name:Rebecca Garcia Phone number(s): email address*: Are you a registered voter within the City limits? Yes Physical Address*: Driver’s License or ID No.: Date of Birth*: Last 4 of SSN: List your qualifications for this appointment: I have 16 years of professional experience in the public sector. I have worked in the affordable housing and homeless realm supporting the City of San Jose, the County of Santa Clara, and currently for the City of Morgan Hill. I know firsthand the importance of communication, community engagement and open government. I value the opportunity to be on the commission. I was born and raised in Gilroy where I currently live with my family. My leadership skills, professional experience, and education make me the ideal candidate for this position; however, it is my passion for this work and what is best for everyone in our community that will facilitate my ability to stay grounded in the values that allow us to thrive as a democracy. List any service to the community including any prior appointments: I was previously on the City of Gilroy’s Housing Commission and currently serve as the Board Chair of the South County Collaborative, composed of local non-profit community-based organizations, schools, hospitals and clinics, and public agencies that serve South Santa Clara County’s most vulnerable populations. The Collaborative advocates to increase the quality and quantity of human services in southern Santa Clara County as well as making them more accessible, efficient, and effective. What are your goals while serving on this Board/Commission/Committee? My goal is to support the implementation of the City of Gilroy’s Open Government Ordinance, building upon the great work that has already taken place, and continuing to give the citizens of Gilroy greater access to information in this new era we find ourselves in. I aim to increase and diversify public participation in the City’s governmental decisions. Ensuring that we encourage and engage with all generations and residents of diverse backgrounds is at the heart of this work. Why are you the most qualified to serve on this Board/Commission/Committee? Agenda Item 7.1 Agenda Packet Page 16 of 159 Since 2004, I have worked in local government fostering strong relationships throughout the County of Santa Clara and community. My work ethic, interpersonal skills, responsiveness, and leadership have allowed me to develop a credible reputation for being effective. These relationships and credibility along with my experience in working for cities will support the implementation of the City of Gilroy’s Open Government Ordinance. While I am sure you have other fine candidates to consider, I offer my support for this commission. Thank you for your consideration. Rebecca Garcia By clicking on this box, I declare under penalty of perjury that I am currently a registered voter within the City limits of the City of Gilroy. Furthermore, I understand that this application and any attachments are subject to disclosure under the Public Records Act and must complete mandatory Open Government Ordinance Training. I further understand that members of the Planning Commission, Building Boards of Appeals, and Physically Challenged Board of Appeals are also subject to filing the Fair Political Practice Commission’s Statement of Economic Interest Form 700 relating to financial disclosures. Agenda Item 7.1 Agenda Packet Page 17 of 159 Open Government Commission Application - Akur Varadarajan Page 1 of 2 City of Gilroy Board, Committee, & Commission Application All Commission, Board, and Committee applications are a public record. Board/Committee/Commission of Interest:Open Government Commission Name:Akur Varadarajan Phone number(s): Mobile - email address*: Are you a registered voter within the City limits? Yes Physical Address*: Driver’s License or ID No.: Date of Birth*: Last 4 of SSN: List your qualifications for this appointment: Professional Experience: Includes 24 years of experience in public school management with wide-ranging responsibilities : community engagement, culture and climate of the organization, human resource administration with emphasis on employee relations and contract negotiations, work related to professional development, oversight of budget, finance, facilities operations, school food services, school transportation, procurement and public bidding and contract functions. Facilities planning and Construction Management : Administered District's facilities planning from issuance of bonds to construction management : Planned, organized and directed the school facilities and maintenance department. Oversee facilities compliance issues with regards to State Allocation Board, Office of Public School Construction and Division of State Architect programs and regulations regarding eligibility and funding for school construction and modernization. List any service to the community including any prior appointments: As part of my career I have served in school multiple school insurance authority (JPA's) boards. For example, Alameda county schools insurance group and Monterey county schools insurance group. What are your goals while serving on this Board/Commission/Committee? I am interested in contributing to the community. I believe I can contribute effectively to the Open Government Commission and or any other Commission based on my background and experience. Why are you the most qualified to serve on this Board/Commission/Committee? Agenda Item 7.1 Agenda Packet Page 18 of 159 Open Government Commission Application - Akur Varadarajan Page 2 of 2 My work experience has been in the public sector. I have served in different positions in school administration and as a Co-Superintendent and Chief Business Officer worked with different City administrations. I believe my qualifications makes me an ideal candidate to serve in the Open Government Commission. School: / Grade: null By clicking on this box, I declare under penalty of perjury that I am currently a registered voter within the City limits of the City of Gilroy. Furthermore, I understand that this application and any attachments are subject to disclosure under the Public Records Act and must complete mandatory Open Government Ordinance Training. I further understand that members of the Planning Commission, Building Boards of Appeals, and Physically Challenged Board of Appeals are also subject to filing the Fair Political Practice Commission’s Statement of Economic Interest Form 700 relating to financial disclosures. Agenda Item 7.1 Agenda Packet Page 19 of 159 Open Government Commission Application - Appolonia Salinas Page 1 of 2 City of Gilroy Board, Committee, & Commission Application All Commission, Board, and Committee applications are a public record. Board/Committee/Commission of Interest:Open Government Commission Name:Appolonia Salinas Phone number(s): Mobile - email address*: Are you a registered voter within the City limits? Yes Physical Address*: Driver’s License or ID No.: Date of Birth*: Last 4 of SSN: List your qualifications for this appointment: Active Honest Member of MY city Gilroy, people person List any service to the community including any prior appointments: MY HONEST KNOWLEDGE and SUPPORT TO MY COMMUNITY What are your goals while serving on this Board/Commission/Committee? TO MAKE THIS AN ENJOYABLE FUNCTIONING CITY, and a BEAUTIFUL WELCOMING PLACE TO VISIT Why are you the most qualified to serve on this Board/Commission/Committee? BECAUSE I AM MEE OPEN< HONEST< AND WILLING to DEDICATE MY TIME AND ENERGY School: / Grade: null By clicking on this box, I declare under penalty of perjury that I am currently a registered voter within the City limits of the City of Gilroy. Furthermore, I understand that this application and any attachments are subject to disclosure under the Public Records Act and must complete mandatory Open Government Ordinance Training. I further understand that members of the Planning Commission, Building Boards of Appeals, and Physically Challenged Board of Agenda Item 7.1 Agenda Packet Page 20 of 159 Open Government Commission Application - Appolonia Salinas Page 2 of 2 Appeals are also subject to filing the Fair Political Practice Commission’s Statement of Economic Interest Form 700 relating to financial disclosures. Agenda Item 7.1 Agenda Packet Page 21 of 159 Parks and Recreation Commission Application - Roselynn Bowers Page 1 of 2 City of Gilroy Board, Committee, & Commission Application All Commission, Board, and Committee applications are a public record. Board/Committee/Commission of Interest:Parks and Recreation Commission Name:Roselynn Bowers Phone number(s): email address*: Are you a registered voter within the City limits? Yes Physical Address*: Driver’s License or ID No.: Date of Birth*: Last 4 of SSN: List your qualifications for this appointment: I am a graduate of West Valley College with the field of study being Park Management. I was an environmental interpreter for Big Basin Redwoods State Park for 2 years, as well as completed an internship with Santa Clara County Parks at Stevens Creek and Sanborn Park. I was the Senor Lab Instructor for the Tech Interactive in San Jose where I developed curriculum for grades 2-9 on Earth Science and Engineering. After raising a family here in Gilroy, I shifted my focus to Landscaping and have worked as a landscaper and project manager for the last 3 years. My passion is the outdoors and seeing a community's natural beauty thrive. I have also been an advocate for improvements to dog parks specifically as there was little forethought in the planning process, so it seems. I am uniquely qualified for this position and look forward to the opportunity to serve my community. List any service to the community including any prior appointments: Pitstop Outreach- Meal Prep and Delivery to unsheltered population No prior city hall service What are your goals while serving on this Board/Commission/Committee? My goal on this commission is to advocate for best practices for the safety of our community and the health of our environment. Why are you the most qualified to serve on this Board/Commission/Committee? Like previously stated, I not only have a background in the management of Parks and Recreation itself, but the labor, budget, materials, policies and people it takes to make our parks the best in the county! I have a firm grasp on duties of the parks from daily operations to annual maintenance, including recreational classes and facilities. Please consider me for this appointment. Agenda Item 7.1 Agenda Packet Page 22 of 159 Parks and Recreation Commission Application - Roselynn Bowers Page 2 of 2 By clicking on this box, I declare under penalty of perjury that I am currently a registered voter within the City limits of the City of Gilroy. Furthermore, I understand that this application and any attachments are subject to disclosure under the Public Records Act and must complete mandatory Open Government Ordinance Training. I further understand that members of the Planning Commission, Building Boards of Appeals, and Physically Challenged Board of Appeals are also subject to filing the Fair Political Practice Commission’s Statement of Economic Interest Form 700 relating to financial disclosures. Agenda Item 7.1 Agenda Packet Page 23 of 159 Open Government Commission Application - Ann Marie McCauley Page 1 of 2 City of Gilroy Board, Committee, & Commission Application All Commission, Board, and Committee applications are a public record. Board/Committee/Commission of Interest:Open Government Commission Name:Ann Marie McCauley Phone number(s): email address*: Are you a registered voter within the City limits? Yes Physical Address*: Driver’s License or ID No.: Date of Birth*: Last 4 of SSN: List your qualifications for this appointment: I am able to attend the four meetings required each year. I have been in the construction industry for 25 year and am effective when working in a group to solve small and large concerns. I am used to reading and following rules and codes. I am open to the opinions of others and look forward to learning something new. I have been a resident since 2004 and will retire in Gilroy. Being on this commission is the first step in my commitment to the City of Gilroy as an active participant. List any service to the community including any prior appointments: Volunteer at Gilroy Compassion Center. Volunteer at Pit Stop Outreach. Rotary Member. Gilroy Chamber of Commerce. Volunteer at Gilroy Garlic Festival. What are your goals while serving on this Board/Commission/Committee? Quoting the City Code I believe that my primary goal is to "assure that the people of the city remain in control of the government they have created." I have watched a few of the recorded meetings and would like to make contributions based on the group conscience. I would also like to learn more about our city government and have the opportunity to work with the staff. I would like to better understand the City Codes so that I can represent them in an effective and honest way. Why are you the most qualified to serve on this Board/Commission/Committee? I am most qualified because I am a very transparent person which is a quality that should resonate into the Open Government Commission as stated in Gilroy City Code 17A Line 1 Transparency in decision making is a cornerstone of democracy." I am very committed to Gilroy as a resident and would take seriously anything affecting our citizens. Agenda Item 7.1 Agenda Packet Page 24 of 159 Open Government Commission Application - Ann Marie McCauley Page 2 of 2 School: / Grade: null By clicking on this box, I declare under penalty of perjury that I am currently a registered voter within the City limits of the City of Gilroy. Furthermore, I understand that this application and any attachments are subject to disclosure under the Public Records Act and must complete mandatory Open Government Ordinance Training. I further understand that members of the Planning Commission, Building Boards of Appeals, and Physically Challenged Board of Appeals are also subject to filing the Fair Political Practice Commission’s Statement of Economic Interest Form 700 relating to financial disclosures. Agenda Item 7.1 Agenda Packet Page 25 of 159 Parks and Recreation Commission Application - Appolonia Salinas Page 1 of 2 City of Gilroy Board, Committee, & Commission Application All Commission, Board, and Committee applications are a public record. Board/Committee/Commission of Interest:Parks and Recreation Commission Name:Appolonia Salinas Phone number(s): Mobile - email address*: Are you a registered voter within the City limits? Yes Physical Address*: Driver’s License or ID No.: Date of Birth*: Last 4 of SSN: List your qualifications for this appointment: Active Honest Member of MY city Gilroy, people person List any service to the community including any prior appointments: MY HONEST KNOWLEDGE and SUPPORT TO MY COMMUNITY What are your goals while serving on this Board/Commission/Committee? TO MAKE THIS AN ENJOYABLE FUNCTIONING CITY, and a BEAUTIFUL WELCOMING PLACE TO VISIT Why are you the most qualified to serve on this Board/Commission/Committee? BECAUSE I AM MEE OPEN< HONEST< AND WILLING to DEDICATE MY TIME AND ENERGY School: / Grade: null By clicking on this box, I declare under penalty of perjury that I am currently a registered voter within the City limits of the City of Gilroy. Furthermore, I understand that this application and any attachments are subject to disclosure under the Public Records Act and must complete mandatory Open Government Ordinance Training. I further understand that members of the Planning Commission, Building Boards of Appeals, and Physically Challenged Board of Agenda Item 7.1 Agenda Packet Page 26 of 159 Parks and Recreation Commission Application - Appolonia Salinas Page 2 of 2 Appeals are also subject to filing the Fair Political Practice Commission’s Statement of Economic Interest Form 700 relating to financial disclosures. Agenda Item 7.1 Agenda Packet Page 27 of 159 Parks and Recreation Commission Application - Dale Davis Page 1 of 2 City of Gilroy Board, Committee, & Commission Application All Commission, Board, and Committee applications are a public record. Board/Committee/Commission of Interest:Parks and Recreation Commission Name:Dale Davis Phone number(s): email address*: Are you a registered voter within the City limits? Yes Physical Address*: Driver’s License or ID No.: Date of Birth*: Last 4 of SSN: List your qualifications for this appointment: As a primarily residential project manager and superintendent for 35 years, I have top organizational skills and experience in completing advanced tasks, including design and developing parks within the residential communities that I managed. These skills include grading, drainage as well as design and aesthetics. List any service to the community including any prior appointments: As a recent retiree, I relocated from my long time home in the West Valley area of San Jose last year, so this is my first attempt to serve the community, which I already love, and plan to stay. Having the extra time as a retiree permits me to devote whatever time I need to be an excellent commissioner. What are your goals while serving on this Board/Commission/Committee? My goals are simple: to improve the park system to the best of my ability, which includes fighting for each dollar budgeted toward the park system and seeing to it that the money is maximized and well spent. Why are you the most qualified to serve on this Board/Commission/Committee? In addition to the above-listed qualifications, I bring a fresh set of eyes and a passion for everything I commit myself to. In my experience so far in Gilroy, I’ve observed the abundance of children, dogs, bicyclists with the best weather in the world. I believe that the best way to serve the City’s population and take advantage of the beautiful conditions we’ve been blessed with is to maintain and advance our park system. Agenda Item 7.1 Agenda Packet Page 28 of 159 Parks and Recreation Commission Application - Dale Davis Page 2 of 2 School: / Grade: null By clicking on this box, I declare under penalty of perjury that I am currently a registered voter within the City limits of the City of Gilroy. Furthermore, I understand that this application and any attachments are subject to disclosure under the Public Records Act and must complete mandatory Open Government Ordinance Training. I further understand that members of the Planning Commission, Building Boards of Appeals, and Physically Challenged Board of Appeals are also subject to filing the Fair Political Practice Commission’s Statement of Economic Interest Form 700 relating to financial disclosures. Agenda Item 7.1 Agenda Packet Page 29 of 159 Personnel Commission Application - Akur Varadarajan Page 1 of 2 City of Gilroy Board, Committee, & Commission Application All Commission, Board, and Committee applications are a public record. Board/Committee/Commission of Interest:Personnel Commission Name:Akur Varadarajan Phone number(s): email address*: Are you a registered voter within the City limits? Yes Physical Address*: Driver’s License or ID No.: Date of Birth*: Last 4 of SSN: List your qualifications for this appointment: Professional Experience: Includes 24 years of experience in public school management with wide-ranging responsibilities : community engagement, culture and climate of the organization, human resource administration with emphasis on employee relations and contract negotiations, work related to professional development, oversight of budget, finance, facilities operations, school food services, school transportation, procurement and public bidding and contract functions. Facilities planning and Construction Management : Administered District's facilities planning from issuance of bonds to construction management : Planned, organized and directed the school facilities and maintenance department. Oversee facilities compliance issues with regards to State Allocation Board, Office of Public School Construction and Division of State Architect programs and regulations regarding eligibility and funding for school construction and modernization. List any service to the community including any prior appointments: As part of my career I have served in school multiple school insurance authority (JPA's) boards. For example, Alameda county schools insurance group and Monterey county schools insurance group. What are your goals while serving on this Board/Commission/Committee? I am interested in contributing to the community. I believe I can contribute effectively to the Open Government Commission and or any other Commission based on my background and experience. Why are you the most qualified to serve on this Board/Commission/Committee? Agenda Item 7.1 Agenda Packet Page 30 of 159 Personnel Commission Application - Akur Varadarajan Page 2 of 2 My work experience has been in the public sector. I have served in different positions in school administration and as a Co-Superintendent and Chief Business Officer worked with different City administrations. I believe my qualifications makes me an ideal candidate to serve in the Open Government Commission. School: / Grade: null By clicking on this box, I declare under penalty of perjury that I am currently a registered voter within the City limits of the City of Gilroy. Furthermore, I understand that this application and any attachments are subject to disclosure under the Public Records Act and must complete mandatory Open Government Ordinance Training. I further understand that members of the Planning Commission, Building Boards of Appeals, and Physically Challenged Board of Appeals are also subject to filing the Fair Political Practice Commission’s Statement of Economic Interest Form 700 relating to financial disclosures. Agenda Item 7.1 Agenda Packet Page 31 of 159 9.1. Approval of the Action Minutes of the September 11, 2023 City Council Regular Meeting Agenda Item 9.1 Agenda Packet Page 32 of 159 Page 1 of 7 City of Gilroy City Council Regular Meeting Minutes Monday, September 11, 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 Marques led the Pledge of Allegiance. 1.3. Invocation Pastor Malcolm MacPhail from New Hope Community Church led the Invocation. 1.4. City Clerk's Report on Posting the Agenda City Clerk Pham reported on the Posting of the Agenda. 1.5. Roll Call Attendance Attendee Name Present Rebeca Armendariz, Council Member Dion Bracco, Mayor Pro Tempore Tom Cline, Council Member Carol Marques, Council Member Fred Tovar, Council Member Marie Blankley, Mayor Absent Zach Hilton, Council Member 1.6. Orders of the Day There were none. 1.7. Employee Introductions Fire Chief Wyatt introduced Division Chiefs Gerry Laird and Arlen Summers. Interim Public Works Director Bjarke introduced Michael Guerra, Maintenance Worker. 2.CEREMONIAL ITEMS - Proclamations and Awards 2.1. Proclamation Proclaiming September 2023 as Childhood Cancer Awareness Month Mayor Blankley read aloud the proclamation and presented it to Jacobs Heart Outreach Coordinator Allyssa Gil-Ojeda. 2.2. Proclamation Proclaiming September 2023 National Preparedness Month Mayor Blankley read aloud the proclamation and presented it to Emergency Services & Volunteer Coordinator Andrew Young. DRAFTAgenda Item 9.1 Agenda Packet Page 33 of 159 September 11, 2023 | 6:00 PM Page 2 of 7 City Council Regular Meeting Minutes 3. PRESENTATIONS TO THE COUNCIL 3.1. Annual Presentation to Council – Library Commission Library Commission Chair Coverson-Baxter provided the annual presentation to the Council. 3.2. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL Mayor Blankley opened Public Comment. The following members spoke on items that were not on the agenda: Ron Kirkish raised concerns about potential delays at the Gourmet Alley project, citing weather issues. Robert Zepeda voiced concerns over Assembly Bill 28's 11% tax on firearms. There being no further speakers, Mayor Blankley closed Public Comment. 4. CITY COUNCIL TRAINING Council Roles and Responsibilities During an Emergency Operation Activation City Administrator Forbis conducted the training for the Council and responded to Council Member questions. 5. REPORTS OF COUNCIL MEMBERS Council Member Bracco had no report. Council Member Armendariz had no report. Council Member Marques had no report. Council Member Cline had no report. Council Member Tovar had no report. Mayor Blankley reported on the recent VTA board policy requiring future VTA transit- oriented developments to mandate housing developers to purchase two-year smart passes for each household, the initiation of a fourth-weekday train service from CalTrain to Gilroy starting September 25th, a related promotional event at the Gilroy Transit Center, and the introduction of sexual assault forensic examination services at St. Louise Regional Hospital for South County survivors. 6. COUNCIL CORRESPONDENCE 6.1. City Council Member Meeting Attendance Council received the correspondence. 6.2. Receive State-Certified 2023-2031 Housing Element for the City of Gilroy Council received the correspondence. 6.3. Letter from City of Gilroy Open Government Commission Council received the correspondence. DRAFTAgenda Item 9.1 Agenda Packet Page 34 of 159 September 11, 2023 | 6:00 PM Page 3 of 7 City Council Regular Meeting Minutes 7. FUTURE COUNCIL INITIATED AGENDA ITEMS Council Member Armendariz requested the Council to agendize the Open Government Commission’s presentation on Enabling Hybrid Public Meetings to the Council. Her request did not receive majority support. Mayor Blankley requested the Council to agendize updating the Downtown Specific Plan. Her request received majority support. 8. CONSENT CALENDAR Council Member Tovar requested Consent Calendar Items Nos. 8.2 and 8.4 be pulled from the Consent Calendar. Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment. Motion: Adopt the Consent Calendar Item Nos. 8.1, 8.3, 8.5, 8.6, and 8.7. RESULT: Pass MOVER: Tom Cline, Council Member SECONDER: Dion Bracco, Mayor Pro Tempore AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Marques, Council Member Tovar, Mayor Blankley NAYS: None ABSENT: Council Member Hilton 8.1. Approval of the Action Minutes of the August 21, 2023 City Council Regular Meeting A motion was made to approve the action minutes. 8.2. A Resolution of the City Council of the City of Gilroy to Release Unclaimed Checks to the City's General Fund in accordance with California Government Code Section 50053 The item was pulled out of the Consent Calendar. 8.3. A Resolution of the City Council of the City of Gilroy Updating the Appropriation Limit for Fiscal Year 2023-24 A motion was made to adopt the resolution. Enactment No.: Resolution No. 2023-53 8.4. 2024 City Council Meeting Schedule The item was pulled out of the Consent Calendar. 8.5. Adoption of an Ordinance of the City of Gilroy Amending Section 2.13 of the Gilroy City Code to Modify the Regular Meeting Schedule of the City Council A motion was made to adopt the ordinance. Enactment No.: Ordinance No. 2023-09 DRAFTAgenda Item 9.1 Agenda Packet Page 35 of 159 September 11, 2023 | 6:00 PM Page 4 of 7 City Council Regular Meeting Minutes 8.6. Approval of City Council Members' Travel for the League of California Cities Conference A motion was made to approve the City Council Members Armendariz, Marques, Tovar, and Mayor Blankley’s travel to the League of California Cities Conference. 8.7. Claim of Rita Castro (The City Administrator Recommends a 'Yes' Vote Under the Consent Calendar Shall Constitute a Denial of the Claim) A motion was made to deny the claim. 8. CONSENT CALENDAR (Items Pulled from the Consent Calendar) 8.2. A Resolution of the City Council of the City of Gilroy to Release Unclaimed Checks to the City's General Fund in accordance with California Government Code Section 50053 Finance Director Harjot responded to Council Member questions. Council Member Tovar expressed concerns about the methods of contacting individuals with unclaimed checks. Motion: Adopt the Resolution RESULT: Pass MOVER: Dion Bracco, Mayor Pro Tempore SECONDER: Tom Cline, Council Member AYES: Mayor Pro Tempore Bracco, Council Member Cline, Council Member Marques, Mayor Blankley NAYS: Council Member Armendariz, Council Member Tovar ABSENT: Council Member Hilton Enactment No.: Resolution No. 2023-52 8.4. 2024 City Council Meeting Schedule Council discussion ensued about listing the holidays within the 2024 City Council Meeting Schedule. Motion: Approve the 2024 City Council Meeting Schedule. RESULT: Pass MOVER: Rebeca Armendariz, Council Member SECONDER: Carol Marques, Council Member AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Marques, Council Member Tovar, Mayor Blankley NAYS: None ABSENT: Council Member Hilton 9. BIDS AND PROPOSALS There were none. DRAFTAgenda Item 9.1 Agenda Packet Page 36 of 159 September 11, 2023 | 6:00 PM Page 5 of 7 City Council Regular Meeting Minutes 10. PUBLIC HEARINGS 10.1. Proposed Tentative Map for a three-lot subdivision at 7040 Church Street, Application No. TM 22-03 Mayor Blankley asked the Council if they had received an ex-parte communication. None were reported. Planner II Erin Freitas provided staff presentation and responded to Council Member questions. Mayor Blankley opened the Public Hearing at 7:02 PM. Amanda Musy-Verdel, representing the owners of the property, stated that the driveway's location on the lot is conceptual and will be addressed during development, praising staff's work and offering to answer any further questions. Jose Avila, an owner near the proposed lot development, expressed concerns over increased traffic, overpopulation, and diminishing neighborhood quality, emphasizing a preference for sold homes over rentals to ensure community care and involvement. There being no further speakers, Mayor Blankley closed the Public Hearing at 7:05 PM. Motion: Determine that the proposed Tentative Map is exempt from further environmental review and qualifies for the State CEQA Guidelines Class 15 Exemption, Minor Land Divisions, because the proposed subdivision results in less than four parcels, is in conformance with the City’s General Plan and Zoning, seeks no exceptions or variances, and all necessary services and access to the resulting parcels are available and adopt a resolution to approve the proposed tentative map to divide the property, known as 7040 Church Street, APN 799-11-068, into three residential parcels. RESULT: Pass MOVER: Fred Tovar, Council Member SECONDER: Tom Cline, Council Member AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Marques, Council Member Tovar, Mayor Blankley NAYS: None ABSENT: Council Member Hilton Enactment No.: Resolution No. 2023-54 11. UNFINISHED BUSINESS There were none. DRAFTAgenda Item 9.1 Agenda Packet Page 37 of 159 September 11, 2023 | 6:00 PM Page 6 of 7 City Council Regular Meeting Minutes 12. INTRODUCTION OF NEW BUSINESS 12.1. Gilroy Garlic Festival Memorial Repairs/Upgrades City Administrator Forbis provided staff presentation and responded to Council Member questions. Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment. The Council received the report and directed staff to return with design options for a garden-only memorial, including the consideration of replacing the current palm tree with three maintainable trees to memorialize the lives lost. The design should also feature a monument on a pedestal, measures to mitigate squirrel issues, and the potential addition of a permanent bench. It was suggested that the designer, Karen Aitken, be present during the next discussion to provide input and feedback. 13. CITY ADMINISTRATOR'S REPORTS 13.1. Love Gilroy/Fight Dirty Campaign Update 13.2. Gilroy Cares – Employee Wellness Program 13.3. Update on Sidewalk Vending Enforcement Program City Administrator Forbis provided his reports and responded to Council Member questions. Community Development Director Goei also provided an update to Item No. 13.3. 14. CITY ATTORNEY'S REPORTS There were none. 15. CLOSED SESSION Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment. Mayor Blankley recessed the Regular Meeting at 7:32 PM. The City Council reconvened into Closed Session at 7:38 PM. The vote to stay in Closed Session was unanimous. 15.1. THREAT TO PUBLIC SERVICES OR FACILITIES Pursuant to Government Code section 54957; Gilroy City Code Chapter 17A Consultation with Gilroy Police Department and Chief Espinoza Gilroy City Code Section 17A.11(1) No reportable action. 16. ADJOURN TO OPEN SESSION Mayor Blankley reported out of Closed Session as shown above. 17. ADJOURNMENT Mayor Blankley adjourned the meeting at 8:43 PM. DRAFTAgenda Item 9.1 Agenda Packet Page 38 of 159 September 11, 2023 | 6:00 PM Page 7 of 7 City Council Regular Meeting Minutes 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, MMC, CPMC City Clerk DRAFTAgenda Item 9.1 Agenda Packet Page 39 of 159 9.2. Claim of Cari McCormick (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute a denial of the claim Agenda Item 9.2 Agenda Packet Page 40 of 159 City of Gilroy STAFF REPORT Agenda Item Title: Claim of Cari McCormick (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute a denial of the claim Meeting Date: September 18, 2023 From: Jimmy Forbis, City Administrator Department: Administrative Services Submitted By: LeeAnn McPhillips, Administrative Services and Human Resources Director / Risk Manager Prepared By: LeeAnn McPhillips, Administrative Services and Human Resources Director / Risk Manager STRATEGIC PLAN GOALS Not Applicable RECOMMENDATION Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection. EXECUTIVE SUMMARY Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the September 18, 2023 meeting: •Claim of Cari McCormick Attachments: 1. 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Staff Report: 2. Public Comment 3. Possible Action: 1. Award the purchase and replacement of the Fire Department’s Self- Contained Breathing Apparatus Personal Protective Equipment to LN Curtis in the amount of $850,003.60 utilizing Sourcewell’s Cooperative Purchasing Contract No. 032620; and 2. Authorize the City Administrator to execute the purchase contract documents. Agenda Item 10.1 Agenda Packet Page 92 of 159 Page 1 of 3 City of Gilroy STAFF REPORT Agenda Item Title:Award the Purchase and Replacement of the Fire Departments Inventory of Self-Contained Breathing Apparatus (SCBA) for the Total Amount of $850,003.60 Utilizing Sourcewell’s Cooperative Purchasing Contract No. 032620 Meeting Date:September 18, 2023 From:Jimmy Forbis, City Administrator Department:Fire Submitted By:Jim Wyatt, Fire Chief Prepared By:Jennifer Fortino, Management Analyst STRATEGIC PLAN GOALS Not Applicable RECOMMENDATION 1. Award the purchase and replacement of the Fire Department’s Self-Contained Breathing Apparatus Personal Protective Equipment to LN Curtis in the amount of $850,003.60 utilizing Sourcewell’s Cooperative Purchasing Contract No. 032620; and 2. Authorize the City Administrator to execute the purchase contract documents. EXECUTIVE SUMMARY The FY 24 budget approved by the City Council on June 5, 2023, includes the replacement of the Fire Department’s inventory of Self Contained Breathing Apparatus (SCBA). The Fire Department is in critical need of replacing the Department’s 15+ year- old SCBAs. This mission-critical Personal Protective Equipment (PPE) is vital to protecting firefighters and citizens during structure fires and other emergency responses requiring SCBAs. Approval of this purchase with LN Curtis via Sourcewell’s Cooperative Purchasing Contract No. 032620, in the amount of $850,003.60, will allow the Department to equip its firefighters with safer PPE that utilizes advanced technology Agenda Item 10.1 Agenda Packet Page 93 of 159 Award the purchase and replacement of the Fire Departments inventory of Self-Contained Breathing Apparatus (SCBA) for the total amount of $850,003.60 utilizing Sourcewell’s Cooperative Purchasing Contract No. 032620 City of Gilroy City Council Page 2 of 3 September 18, 2023 that increases firefighter safety during fire-related emergencies. Cooperative purchasing is an authorized procurement method (Section 4.10.3) within the City’s purchasing policy. It is encouraged as a way of obtaining goods and services as it aggregates volume and secures value pricing. The City is an active member of the Sourcewell Cooperative. In addition to LN Curtis’ Sourcewell contract for PPE, the vendor is also offering buy one get one free pricing on SCBA tanks and harness complements, as well as a buy three get one free special on the Location, Unit, Name, Assignment, Air status, and Resources (LUNAR) advanced technology system. This additional discount will save the City $97,136; however, the offer expires on September 29, 2023. BACKGROUND The National Fire Protection Association (NFPA) recommends a life span of 15 years for SCBAs, and the Department's current SCBA units were purchased in 2006 and 2007, placing the Department's SCBAs beyond this 15-year life span. The Department's current SCBAs only hold 30 minutes of air, while the current NFPA SCBA standards recommend using 45-minute air tanks. Many of the Department’s SCBAs are out of service and cannot be repaired, leaving the Department with fewer functioning tanks to operate during emergencies. Gilroy Fire also receives and provides Auto-Aid and Mutual-Aid assistance to neighboring cities. The Department’s current SCBAs are incompatible with other agencies’ SCBAs, and Gilroy firefighters are inhibited from effecting a rapid intervention using buddy breathing because of this incompatibility. Gilroy firefighters are also prevented from transfilling their SCBA tanks with other agencies' air compressors because they are incompatible. ANALYSIS Gilroy Fire’s existing SCBA units do not meet the current NFPA-recommended critical safety features necessary to protect the Department’s firefighters. The Department has chosen to purchase SCBAs manufactured by MSA Safety Inc. MSA SCBAs provide a higher level of technology that delivers additional protection against life-threatening situations. MSA masks include integrated communications capabilities that connect to the Department’s Motorola APX 7000 radios via Bluetooth technology. MSA also integrates thermal imaging technology within the SCBA masks and LUNAR technology. LUNAR technology enables firefighters to quickly locate separated teammates using thermal imaging cellular cloud connectivity to send real-time information such as a firefighter’s air pressure, air level, and remaining battery life to Incident Command. This technology is critical in emergencies when a firefighter may be lost or down. LUNAR technology is only available with the MSA brand of SCBAs. MSA SCBAs follow the updated NFPA 1981 recommendations for masks, Universal Rescue Connections (URC), and Personal Alert Safety Systems (PASS). The new NFPA mask heat rating is now 500 degrees. Gilroy Fire’s masks have a lower heat rating and regularly experience heat failures. MSA SCBAs have URCs on the front and Agenda Item 10.1 Agenda Packet Page 94 of 159 Award the purchase and replacement of the Fire Departments inventory of Self-Contained Breathing Apparatus (SCBA) for the total amount of $850,003.60 utilizing Sourcewell’s Cooperative Purchasing Contract No. 032620 City of Gilroy City Council Page 3 of 3 September 18, 2023 back of the air cylinder that illuminate when the low air alarm activates. This makes locating and filling air tanks easier when a Rapid Intervention Team (RIT) is activated when a firefighter is in distress. MSA SCBAs also have the NFPA-recommended Personal Alert Safety System (PASS) on the front and back of their SCBAs. This is an important safety feature if the masked speaker is not functioning, or if a firefighter collapses and the speaker is muffled, the PASS alarm will still function, enabling a quicker location and rescue of a downed firefighter. The Department’s current SCBAs do not include these essential safety features. Purchasing MSA SCBAs will provide the Department’s firefighters with significantly improved safety and top-of-the-line technology that protects firefighters while responding to emergencies. ALTERNATIVES The alternative would be to conduct a direct public bid process; however, staff does not recommend this alternative given that the Sourcewell Cooperative Purchase process is more efficient, secures competitive pricing, and the vendor’s SCBAs meet the needs of the Gilroy Fire Department. If Council does not approve this purchase through the Sourcewell contract with LN Curtis, the Department will be required to conduct a lengthy direct public bid, thus not being able to take advantage of the additional discount offered by LN Curtis. FISCAL IMPACT/FUNDING SOURCE The expenditure for this procurement is included in the adopted FY24 budget within the Fire Operation Division in the General Fund (1003510). A total of $880,000 is appropriated for this procurement, and the equipment cost is $850,004, resulting in budgetary savings of approximately $30,000. If approved, staff will create a purchase order of $850,003.60 to place the order, and funds will be paid out at the time of delivery. NEXT STEPS Upon Council approval, a purchase order will be prepared to finalize the purchase before September 29, 2023, to take advantage of the vendor's additional discount. Fire staff will receive the equipment within 120 days of placing the order, and the vendor will provide training on the equipment. Once training is complete, the current SCBAs will be removed from all fire apparatus, and the new SCBAs will be placed into service. Attachments 1. Quote Agenda Item 10.1 Agenda Packet Page 95 of 159 Ph: 510-839-5111 TF: 800-443-3556 Fax: 510-839-5325 oaksales@lncurtis.com UEI#: DDLSADSWN7U7 Paciﬁc North Division 6723 Sierra Court, Suite C Dublin, CA 94568 www.LNCurtis.com Quotation No. 248529 Page 1 of 5 Quotation CUSTOMER:SHIP TO: Gilroy City Fire Department 7070 Chestnut Street Gilroy CA 95020 Gilroy City Fire Department 7070 Chestnut St. Gilroy CA 95020 QUOTATION NO.ISSUED DATE EXPIRATION DATE 248529 01/18/2023 09/29/2023 SALESPERSON CUSTOMER SERVICE REP Trevor Murphy tmurphy@lncurtis.com 408-314-3789 Trevor Murphy tmurphy@lncurtis.com 408-314-3789 REQUISITION NO.REQUESTING PARTY CUSTOMER NO.TERMS OFFER CLASS Casey Main C33266 Net 30 SW-PPE F.O.B.SHIP VIA DELIVERY REQ. BY DEST Standard Shipping SPECIAL INSTRUCTIONS Per Sourcewell Contract #032620 Member ID #210095 NOTES & DISCLAIMERS Thank you for this opportunity to quote. We are pleased to offer requested items below. If you have any questions, need additional information, or would like to place an order, please contact your Customer Service Rep as noted above. Safety Warning Notice: Products offered, sold, or invoiced herewith may have an applicable Safety Data Sheet (SDS) as prepared by the manufacturer of the product. Any handlers or users of product should refer to applicable SDS prior to handling or utilizing the product. Applicable SDS are included with shipment of products. For other important product notices and warnings, or to request an SDS, please contact Curtis or visit https://www.lncurtis.com/product-notices-warnings Transportation is included in below pricing. Thank you for this opportunity to provide grant budget pricing. Please contact our ofﬁce for ﬁrm pricing at time of order. Per Sourcewell Contract #032620 Member ID #210095 Agenda Item 10.1 Agenda Packet Page 96 of 159 Ph: 510-839-5111 TF: 800-443-3556 Fax: 510-839-5325 oaksales@lncurtis.com UEI#: DDLSADSWN7U7 Paciﬁc North Division 6723 Sierra Court, Suite C Dublin, CA 94568 www.LNCurtis.com Quotation No. 248529 Page 2 of 5 LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 1 60 EA A- G1FS-444MD2C2 LAR MSA 4500PSIg G1 Fire Service SCBA; * CGA Quick Connect Remote Connection * Serviceable Tunnel with Chest Strap * Metal Band Cradle Type * Adjustable Swiveling Solid Buckle * Solid Cover Regulator Type, Left Shoulder (As Worn) * Continuous Regulator Hose Type * ExtendAire II Emergency Breathing Support * Left Chest (As Worn) Speaker Module * Pass Right Shoulder (As Worn) * Rechargeable Battery Type WARNING: This product contains PFAS to reduce the risk of parts sticking or becoming inoperable. Sourcewell Discount: 20% Discount Offered: 33% $7,699.00 $461,940.00 2 120 EA 10175708 MSA 45Min 4500# G1 SCBA Low Proﬁle Cylinder, With Air, With Quick Connect Remote Connection $1,279.00 $153,480.00 3 60 EA 10175708 MSA 45Min 4500# G1 SCBA Low Proﬁle Cylinder, With Air, With Quick Connect Remote Connection NO CHARGE PER BUY ONE GET ONE FREE CYLINDER PROMOTION $0.00 $0.00 4 60 EA 10156459 MSA Medium G1 Facepiece With Medium Nosecup, Includes: * 4-Point Adjustable Cloth Head Harness * Fixed Push-To-Connect Regulator Connection * Ato Number: A-G1Fp-Fm1M401 WARNING: This product contains PFAS to reduce the risk of parts sticking or becoming inoperable. $410.00 $24,600.00 Agenda Item 10.1 Agenda Packet Page 97 of 159 Ph: 510-839-5111 TF: 800-443-3556 Fax: 510-839-5325 oaksales@lncurtis.com UEI#: DDLSADSWN7U7 Paciﬁc North Division 6723 Sierra Court, Suite C Dublin, CA 94568 www.LNCurtis.com Quotation No. 248529 Page 3 of 5 LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 5 10 EA 10206313 MSA Uebss 2018 Edition G1 Rit Extendaire II System, 4500#, Medium Facepiece, Regulator, 6Ft Quick-Fill Hose, Urc, Quick-Connect WARNING: This product contains PFAS to reduce the risk of parts sticking or becoming inoperable. $5,529.00 $55,290.00 6 5 EA 10175710 MSA 60Min 4500# G1 SCBA Cylinder, With Air, With Quick Connect Remote Connection $1,559.00 $7,795.00 7 5 EA 10175710 MSA 60Min 4500# G1 SCBA Cylinder, With Air, With Quick Connect Remote Connection NO CHARGE PER BUY ONE GET ONE FREE CYLINDER PROMOTION $0.00 $0.00 8 10 EA RBL20 TRUE NORTH Red L-2 Rit Bag W/ Iron-Cloth Technology & Heat-Shield Skid Plate OM $280.46 $2,804.60 9 6 EA 10158385 MSA G1 SCBA Charging Station Kit $915.00 $5,490.00 10 36 EA 10148741-SP MSA Battery Pack, G1, Rechargeable $469.00 $16,884.00 11 100 EA 10083875 MSA Tag Assy, Electronic Id, M7 $52.00 $5,200.00 12 1 EA 10158407 MSA Kit, Rﬁd Reader/Writer, G1 $849.00 $849.00 Agenda Item 10.1 Agenda Packet Page 98 of 159 Ph: 510-839-5111 TF: 800-443-3556 Fax: 510-839-5325 oaksales@lncurtis.com UEI#: DDLSADSWN7U7 Paciﬁc North Division 6723 Sierra Court, Suite C Dublin, CA 94568 www.LNCurtis.com Quotation No. 248529 Page 4 of 5 LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 13 5 EA 10149700-SP MSA 4500/5500 Quick Connect Coupling $529.00 $2,645.00 14 5 EA 96-347-1SS- MSAQC-CW BLUE SPARTAN Copper Washer $2.59 $12.95 15 5 EA MSAQC-FG4 BLUE SPARTAN MSA Female X 1/4NPT To Connect to MSA Adapter $67.00 $335.00 16 15 EA 10225355 MSA Handheld Wireless Lunar Thermal Imaging System, Includes Battery and Single Point Charger, FirstNet U.S. $2,519.00 $37,785.00 17 5 EA 10225355 MSA Handheld Wireless Lunar Thermal Imaging System, Includes Battery and Single Point Charger, FirstNet U.S. NO CHARGE PER BUY THREE GET ONE FREE LUNAR PROMOTION $0.00 $0.00 18 4 EA 10214752 MSA Multi-Bay Charger, Lunar System $529.00 $2,116.00 19 20 EA 10203941 MSA Retractable Tether, Lunar System $85.00 $1,700.00 Per Sourcewell Contract #032620 Member ID #210095 Agenda Item 10.1 Agenda Packet Page 99 of 159 Ph: 510-839-5111 TF: 800-443-3556 Fax: 510-839-5325 oaksales@lncurtis.com UEI#: DDLSADSWN7U7 Paciﬁc North Division 6723 Sierra Court, Suite C Dublin, CA 94568 www.LNCurtis.com Quotation No. 248529 Page 5 of 5 LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE Small Business CAGE Code: 5E720 SIC Code: 5099 Federal Tax ID: 94-1214350 UEI #DDLSADSWN7U7 This pricing remains ﬁrm until 09/29/2023. Contact us for updated pricing after this date. Due to market volatility and supply shortages, we recommend contacting your local L.N. Curtis and sons ofﬁce prior to placing your order to conﬁrm pricing and availability. This excludes our GSA Contract and other Fixed Price Contracts which are governed by contract-speciﬁc prices, terms, and conditions. Subtotal $778,926.55 Estimated Tax Total $71,077.05 Transportation $0.00 Total $850,003.60 View Terms of Sale and Return Policy Agenda Item 10.1 Agenda Packet Page 100 of 159 12.1.Approval of Consulting and Reimbursement Agreement between the City of Gilroy and Sharks Sports & Entertainment LLC 1. Staff Report: 2. Public Comment 3. Possible Action: 1. Approve an agreement with Sharks Sports & Entertainment LLC (Sharks) in the amount of $270,000 for consulting services for the design and construction of the Gilroy Ice Center; and 2. Authorize the City Administrator to execute the agreement and make minor modifications (if necessary) to the agreement (not related to price and term) upon the legal review of the City Attorney. Agenda Item 12.1 Agenda Packet Page 101 of 159 Page 1 of 3 City of Gilroy STAFF REPORT Agenda Item Title:Approval of Consulting and Reimbursement Agreement between the City of Gilroy and Sharks Sports & Entertainment LLC Meeting Date:September 18, 2023 From:Jimmy Forbis, City Administrator Department:Administration Submitted By:Jimmy Forbis, City Administrator Prepared By:Jimmy Forbis, City Administrator STRATEGIC PLAN GOALS Promote Economic Development Activities RECOMMENDATION 1. Approve an agreement with Sharks Sports & Entertainment LLC (Sharks) in the amount of $270,000 for consulting services for the design and construction of the Gilroy Ice Center; and 2. Authorize the City Administrator to execute the agreement and make minor modifications (if necessary) to the agreement (not related to price and term) upon the legal review of the City Attorney. BACKGROUND On August 21, 2023, the City Council approved two Sharks-related items, a Bond Reimbursement Agreement, and a contract with Architects Perkins Will for the preparation of the “Basis of Design” documents related to the Gilroy Ice Center project. This was a significant step in the development of the Ice Center as the City has now moved into the design phase of the project. The architects will now create documents that permit a vendor to formally bid on the project using the “design-build” format, which allows for a qualified firm to serve in a dual role of designing and constructing the project. Agenda Item 12.1 Agenda Packet Page 102 of 159 Approval of Consulting and Reimbursement Agreement between the City of Gilroy and Sharks Ice, LLC City of Gilroy City Council Page 2 of 3 September 18, 2023 This is the next step in the progression of this project. The City Council had previously heard agenda items regarding the Ice Center and Sharks 13 times since the commencement of the project. These discussions include: 1. May 6, 2019 – Council approves first exclusivity agreement with the Sharks. 2. November 18, 2019 – Closed session real property negotiations with the other party being the Sharks. 3. April 20, 2020 – approved an extension of an exclusivity agreement with the Sharks. 4. June 15, 2020 – Adoption of Phase III Amendments to the Gilroy Sports Park EIR to accommodate the Ice Center project. 5. June 1, 2021 – Closed session real property negotiations with the other party being the Sharks. 6. July 1, 2021 – approved an exclusivity agreement with the Sharks and authorized $100,000 for activities related to the financial analysis and feasibility of the project. 7. December 6, 2021 – the City Administrator provided a brief update on the Ice Center. 8. February 7, 2022 – Closed session real property negotiations with the other party being the Sharks. 9. May 2, 2022 – Closed session real property negotiations with the other party being the Sharks. 10.June 20, 2022 – Council approved the Third Amendment to the Exclusive Negotiating Agreement with the Sharks and the non-binding term sheet. 11.February 6, 2023 – The City Administrator provided a brief update on the Ice Center to Council. 12.June 5, 2023 – Update provided on the Ice Center provided during the City Administrator’s Report. 13.August 21, 2023 – Awarded contract to Perkins and Will for Preparation of ‘Basis of Design’ Documents for the Ice Center. ANALYSIS There are three significant key elements in completing this project: As items 1 and 2 have been completed, element 3 is the final step in the” pre-project” phase. Agenda Item 12.1 Agenda Packet Page 103 of 159 1.Determining the method of construction – completed 2.Entering a contract with Perkins Will to prepare Basis of Design documents – Council approval received on 8/21/23. 3.Retaining the Sharks to provide professional guidance and technical support and serve as Project Manager during the process of facility design through construction. Approval of Consulting and Reimbursement Agreement between the City of Gilroy and Sharks Ice, LLC City of Gilroy City Council Page 3 of 3 September 18, 2023 Construction of the 100,000-square-foot ice facility is a complex project requiring specific industry expertise. The Sharks recently completed an expansion of Sharks Ice in San Jose, which added two new ice rinks, bringing a total of six ice rinks at the facility covering just under 400,000 square feet. Given their expertise, experience, and future role as the operators of the Gilroy Ice Center, staff believes services provided by the Sharks are essential to the success of the facility from design, construction, and operation. The consultant agreement with the Sharks is for 18 months at $15,000 monthly for a total contract cost of $270,000. Roles and responsibilities for both the City and Sharks are included in Exhibit B of the attached contract. ALTERNATIVES Council could decide not to approve the agreement, which would essentially terminate the ice rink project. FISCAL IMPACT/FUNDING SOURCE Future bond proceeds will reimburse the cost of this agreement. PUBLIC OUTREACH None. NEXT STEPS Should Council approve the agreement, the Sharks will begin developing the project, including oversight of the day-to-day project management. The next steps include completing the basis of bid documents, which will allow for formal bidding and subsequent issuance of bonds to fund the project. Attachments: 1. Sharks/City Agreement Agenda Item 12.1 Agenda Packet Page 104 of 159 -1-4874-8688-0103v1 ALF\04706083 CONSULTING AND REIMBURSEMENT AGREEMENT (Gilroy Ice Center) This CONSULTING AND REIMBURSEMENT AGREEMENT (“Agreement”) is made as of this _____ day of September, 2023 (the “Effective Date”), between the following entities (the “Parties”): “CITY”: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and “CONSULTANT”: Sharks Ice, LLC, having a principal place of business at 525 W. Santa Clara Street, San Jose, California RECITALS A.As of June 20, 2022, CITY and CONSULTANT each approved that certain Non-Binding Term Sheet for an Operating Agreement for Gilroy Ice Center (“Term Sheet”), which sets forth the basic terms and conditions under which the parties expect to work together in good faith to negotiate and draft formal agreements to implement a development project (the “Project”) for the design, permitting, financing, construction and operation of an Ice Center consisting of a 100,000 square foot building with two ice rinks, a restaurant, snack bar, pro shop and ancillary uses; all related FF&E; and a Parking Area with approximately 387 spaces. B.This Agreement constitutes both the Consulting Agreement referenced in Section 6(a) of the Term Sheet and the Reimbursement Agreement referenced in Section 6(b) of the Term Sheet; provided, however, that in the event of any inconsistencies between the Term Sheet and the provisions of this Agreement, the provisions of this Agreement shall control. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on the Effective Date set forth above, and will continue in effect through the completion date of the Project (currently estimated to be June 30, 2026) 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 Agenda Item 12.1 Agenda Packet Page 105 of 159 -2-4874-8688-0103v1 ALF\04706083 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 assigned to CONSULTANT as described in Exhibit “A” (“Specific Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit “C” (“Project Schedule”), all as may be modified by the mutual agreement of the Parties. 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. 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”), which provides for a total payment to CONSULTANT in the amount of Two Hundred Seventy Thousand Dollars ($270,000) assuming that the Project proceeds as described in the exhibits to this Agreement. 1.Such total amount shall be subject to reduction in the event of a termination of this Agreement as described in Article 7.F. Agenda Item 12.1 Agenda Packet Page 106 of 159 -3- 4874-8688-0103v1 ALF\04706083 2. Such total amount may be increased by up to Thirty Thousand Dollars ($30,000), if CONSULTANT and CITY mutually agree to such increased payment in connection with an amendment to this Agreement, subject to Article 9.A and 9.M. B. Invoices CONSULTANT shall submit invoices for all services rendered. CONSULTANT shall also submit to CITY a signed W-9 form certifying CONSULTANT’S Federal Taxpayer Identification Number. 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 invoice describing the work performed and any approved direct expenses (as provided for in Exhibit “A”, Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting “direct expenses” referenced on Exhibit “A.” CITY shall be responsible for all costs and expenses incident to the performance of the tasks assigned to CITY as described in Exhibit “B” (“CITY’S Tasks”). However, if CITY requests and CONSULTANT agrees in writing to provide any technical reports or perform any other of CITY’S Tasks for or on behalf of CITY, then the costs and expenses incident to such work shall be deemed “direct expenses” that are reimbursable by CITY pursuant to 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 (collectively, the “CITY Parties”) from and against any and Agenda Item 12.1 Agenda Packet Page 107 of 159 -4- 4874-8688-0103v1 ALF\04706083 all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys’ fees (collectively, “Claims”), to the extent arising out of any injury, disability, or death of any of CONSULTANT’S employees. C. Indemnification of Liability, Duty to Defend 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 the CITY Parties against any and all Claims, to the extent arising or resulting directly or indirectly from any willful or negligent acts or omissions of CONSULTANT or CONSULTANT’S officers, representatives, agents and employees (collectively, the “CONSULTANT Parties,”) including all Claims relating to the injury or death of any person or damage to any property. In no event, however, will CONSULTANT be responsible for any special, incidental, indirect, or consequential damages (including without limitation loss of profits, loss of opportunity, or loss of goodwill) incurred by CITY as a result of CONSULTANT’S actions or omissions. 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, the following types of insurance: 1. Commercial General Liability insurance covering all of the CONSULTANT Parties, 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, with minimum limits of $2,000,000 each occurrence; and 2. Business Auto insurance covering any owned and non-owned automobiles used in pursuit of performing CONSULTANT’S services, with a minimum combined single limit coverage of $1,000,000 per occurrence. 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 Commercial General Liability policy referred to in 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; Agenda Item 12.1 Agenda Packet Page 108 of 159 -5- 4874-8688-0103v1 ALF\04706083 • 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. 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. CITY also agrees perform, at its cost, CITY’S Tasks as set forth in Exhibit “B” within the time periods described in Exhibit “C,” all as may be modified by the mutual agreement of the Parties. 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. C. Indemnification of Liability, Duty to Defend To the fullest extent permitted by law, CITY shall defend, through counsel approved by CONSULTANT (which approval shall not be unreasonably withheld), indemnify and hold harmless the CONSULTANT Parties against any and all Claims to the extent arising or resulting directly or indirectly from any willful or negligent acts or omissions of the CITY Parties, including all Claims relating to the injury or death of any person or damage to any property. In no event, however, will CITY be responsible for any special, incidental, indirect, or consequential damages (including without limitation loss of profits, loss of opportunity, or loss of goodwill) incurred by CONSULTANT as a result of CITY’S actions or omissions. 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.J., no later than thirty (30) days after CITY’S receipt of such notice of sale. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT. Agenda Item 12.1 Agenda Packet Page 109 of 159 -6- 4874-8688-0103v1 ALF\04706083 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, and CONSULTANT does not take meaningful steps to cure such failure within thirty (30) days of written notice from CITY. 2. CONSULTANT’S breach of any of its representations, warranties or covenants contained in 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. Termination for Failure to Complete CITY’S Tasks If (i) CITY fails to perform any of CITY’S Tasks as described in Exhibit “B” and when required pursuant to Exhibit “C” and CITY does not take meaningful steps to cure such failure within thirty (30) days of written notice from CONSULTANT, or (ii) if the City Council does not approve all of the Project Documents by September 30, 2025, or (iii) if for any other reason the Parties mutually determine that the Project will not be constructed, then in any such event either CITY or CONSULTANT, at its option, may terminate this Agreement by giving written notice to the other Party. As used herein, the term “Project Documents” means and includes the following: (i) a design-build contract for the construction of the Project; (ii) a lease agreement between CITY and CONSULTANT for the operation of the completed Ice Center; (iii) all documents required to obtain taxable municipal revenue bond financing to fund the “Project Costs” and “Finance Costs” as defined in Exhibit “E”; and (iv) a Memorandum of Understanding (“MOU”) between CITY and CONSULTANT describing the steps that CITY will take to ensure that funding will be available when needed to provide “Support Services” as defined in Exhibit “E”. E. 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. Agenda Item 12.1 Agenda Packet Page 110 of 159 -7- 4874-8688-0103v1 ALF\04706083 F. Payment after Termination CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of any termination notice given by either Party, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth on Exhibit “D.” ARTICLE 8. REIMBURSEMENT AGREEMENT FOR DESIGN FEES A. Payment of Design Fees As provided in the Term Sheet, and as further described in Paragraph A.1.(c) of Exhibit “B” to this Agreement, CITY will enter into an Architectural Services Agreement (“ASA”) with Perkins + Will (the “Design Architect”) for the preparation of documents that will be used as the basis of design for bidding by design-build contractors on the Project (the “Design Development Documents”). It is anticipated that the fees payable to the Design Architect for such work (the “Design Fees”) will total $225,000, payable at the rate of $45,000 per month for 5 months. CITY and CONSULTANT will each pay 50% of the Design Fees as and when they become due under the ASA, as follows: 1. Following the Effective Date of this Agreement, CITY will send CONSULTANT an invoice for $112,500, which is 50% of the total Design Fees. CONSULTANT will advance said sum to CITY within 30 days following the receipt of such invoice. CITY will hold such amount in a restricted fund, to be used solely for the payment of the Design Fees under the ASA. 2. Following receipt and approval of each monthly invoice from the Design Architect, CITY will pay the full amount of such invoice, drawing 50% of such payment from the CITY’S general fund (or other funding source) and 50% from the restricted fund established by the payment from CONSULTANT. 3. Any architectural fees related to optional additional services (such as transition coordination with the design-build contractor) will not be included in the Design Fees for which CONSULTANT advances funds to CITY. Rather, such additional fees will be paid for solely by CITY out of the proceeds of the bond financing or other funding sources. B. Reimbursement of Design Fees If the Project is constructed, the full amount of the Design Fees paid by the Parties shall be included in the Project Costs and reimbursed to CITY and CONSULTANT (in their proportionate shares) out of the bond proceeds, as part of the first disbursement request. If for any reason this Agreement is terminated pursuant to Article 7.C or Article 7.D above, then CITY shall reimburse CONSULTANT the full amount of the Design Fees advanced by CONSULTANT (i.e., $112,500). Such payment shall be due and payable within thirty (30) days after CITY’S receipt of an invoice for such amount from CONSULTANT. Agenda Item 12.1 Agenda Packet Page 111 of 159 -8-4874-8688-0103v1 ALF\04706083 C.Interest If either Party fails to make any payment that is due to the other Party under this Agreement as and when such payment is due, such delinquent payment shall bear interest at the rate of ten percent (10%) per annum, from the due date until payment in full. ARTICLE 9. 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 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. CONSULTANT also agrees to comply with all Agenda Item 12.1 Agenda Packet Page 112 of 159 -9- 4874-8688-0103v1 ALF\04706083 state and local laws regarding payment of prevailing wages, to the extent they may apply. CONSULTANT will defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY from and against any and all claims alleging any violation of state prevailing wage laws related to or arising from CONSULTANT’s services under this Agreement. 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. 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.J. 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. Agenda Item 12.1 Agenda Packet Page 113 of 159 -10- 4874-8688-0103v1 ALF\04706083 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. M. Approval by CITY Any approval, consent or agreement by the CITY under this Agreement may be given by the CITY Administrator, without the necessity for an action by the City Council, provided that such approval, consent or agreement (i) does not materially increase CITY’S other obligations or liabilities under this Agreement; and (ii) does not materially decrease CITY’S benefits under this Agreement. Notwithstanding the foregoing, the City Administrator may, in his sole and absolute discretion, elect to bring any such approval, consent or agreement to the City Council for action. N. Limitation on Monetary Damages Neither CITY nor CONSULTANT shall be liable to the other Party for any money damages relating to or arising out of any violation or breach of its obligations under this Agreement; provided, however, that CONSULTANT shall have the right to seek money damages against CITY for CITY’S failure to pay any sums that are to be paid or reimbursed to CONSULTANT by CITY under this Agreement. In no event, however, will CITY be responsible for any special, incidental, indirect, or consequential damages (including without limitation loss of profits, loss of opportunity, or loss of goodwill) incurred by CONSULTANT as a result of CITY’S actions or omissions in failing to pay such sums. [Signatures appear on next page.] Agenda Item 12.1 Agenda Packet Page 114 of 159 -11- 4874-8688-0103v1 ALF\04706083 [Signatures to Consulting and Reimbursement Agreement] Executed at Gilroy, California, on the date and year first above written. CONSULTANT: CITY: SHARKS ICE, LLC, a Delaware limited liability company CITY OF GILROY, a Municipal corporation By: By: Name: Jon Gustafson Name: Jimmy Forbis Title: Senior Vice President Title: City Administrator Approved as to Form ATTEST: City Attorney City Clerk Agenda Item 12.1 Agenda Packet Page 115 of 159 A-1 4874-8688-0103v1 ALF\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 Jon Gustafson, 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 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. CITY acknowledges that CONSULTANT is not a licensed architect, engineer, or contractor, and that the Services do not require that CONSULTANT hold a professional license of any type. 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, Jimmy Forbis 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.J. (“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. PROJECT SCHEDULE The schedule for performance and completion of the Services will be consistent with the Project Schedule set forth in the attached Exhibit “C” (as may be modified by the mutual agreement of the Parties). IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement. Agenda Item 12.1 Agenda Packet Page 116 of 159 A-24874-8688-0103v1 ALF\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 and skills 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 and qualifications. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by persons engaged in the same type of work on similar projects 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; provided, however, that CONSULTANT’S review and comments on any plans and specifications, technical reports, public works contract documents, financing documents, or other documents that are prepared by (or under the supervisions of) a licensed professional shall create no responsibility or liability on the part of CONSULTANT for any errors or omissions in connection therewith. CONSULTANT also shall not be responsible for the accuracy of any project or technical information provided by the CITY. 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 for direct expenses 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 for direct expenses, all of which shall be made available to CITY at the CITY’S offices within five (5) business days after CITY’S request. Agenda Item 12.1 Agenda Packet Page 117 of 159 A-3 4874-8688-0103v1 ALF\04706083 D. CONFIDENTIALITY OF CERTAIN INFORMATION In connection with the Parties’ dealings with each other under this Agreement, a party (“Discloser”) may disclose to the other Party (“Recipient”) information pertaining to Discloser’s financial affairs, business dealings, intellectual property, private business data or other proprietary information that Discloser identifies as confidential (“Confidential Information”). Recipient may use Confidential Information only in connection with the Project, and for no other purpose. Recipient must use a reasonable degree of care to protect Confidential Information and to prevent any unauthorized use or disclosure of Confidential Information. Recipient may share Confidential Information with its employees, directors, agents or third party contractors who need to know it, provided that they have agreed in writing to keep such information confidential. Confidential Information does not include information that: (a) was known to Recipient without restriction before receipt from Discloser; (b) is publicly available through no fault of Recipient; (c) is rightfully received by Recipient from a third party without a duty of confidentiality; or (d) is independently developed by Recipient. A Recipient may disclose Confidential Information when compelled to do so by law if it provides reasonable prior notice to Discloser, unless a court orders that the Discloser not be given notice. The Parties acknowledge that the CITY is subject to public disclosure laws, including the California Public Records Act, that may require disclosure by the CITY without any court process. E. USE OF NAMES. CONSULTANT shall not use CITY’S name or insignia, or distribute publicity pertaining to this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. CITY shall not use CONSULTANT’S name or insignia, or distribute publicity pertaining to this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CONSULTANT. F. 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. All contracts with design professionals, contractors, construction managers, third party inspectors, and other professionals retained for the Project shall be in the name of the CITY and executed by an authorized representative of the CITY following due approval by the CITY. G. 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 Agenda Item 12.1 Agenda Packet Page 118 of 159 A-4 4874-8688-0103v1 ALF\04706083 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. H. 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. I. COVENANT AGAINST CONTINGENT FEES. CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working for CONSULTANT, to solicit or secure this Agreement, and that it 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 o r violation of this warranty, CITY 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. J. NOTICES. Notices are to be sent as follows: CITY: Jimmy Forbis, City Administrator City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: Jon Gustafson, Senior Vice President Sharks Ice, LLC 525 W. Santa Clara Street San Jose, CA 95113 Agenda Item 12.1 Agenda Packet Page 119 of 159 B-1 4874-8688-0103v1 ALF\04706083 EXHIBIT “B” SCOPE OF SERVICES This Exhibit “B” is attached to and made a part of the Consulting and Reimbursement Agreement (“Consulting Agreement”) between the City of Gilroy (“City”) and Sharks Ice, LLC (“Sharks Ice” or “Consultant”). Capitalized terms not defined herein shall have the meanings given in the Consulting Agreement or, if indicated, the Term Sheet referenced in the Consulting Agreement. A. DESIGN DEVELOPMENT DOCUMENTS 1. City is responsible for the following, at its cost except as noted: (a) Prepare an Architectural Services Agreement (“ASA”) between the City and Perkins + Will (the “Design Architect”) for the preparation of concept design, schematic design and design development documents and related performance specifications (collectively, “Design Development Documents”) as needed to enable the City to obtain proposals from Contractors for the construction of the Project on a design- build basis. (i) Per the City’s standard contract provisions, the City will own the Design Development Documents, subject to payment by City as required under the ASA. (ii) Obtain City Council approval for the ASA, after it has been approved by the Design Architect, Sharks Ice and City staff. (b) Provide the Design Architect with any technical reports or information that may be needed by the Design Architect to prepare the Design Development Documents. (i) This will include a topographical survey/site plan, a description of any special requirements for City-owned buildings, and other technical code requirements for this Project (to the extent such requirements differ from standard California Codes). (c) Pay all fees to the Design Architect as and when required under the ASA. (i) It is anticipated that the Design Architect’s work will take approximately 5 months (20 weeks), and fees will be payable at the rate of $45,000 per month for a total of $225,000 in fees (“Design Fees”). (ii) Sharks Ice will advance 50% of the Design Fees to the City, as described below. (iii) Any architectural fees related to optional additional services (such as transition coordination with the Contractor) will not be included in the Design Fees for which Sharks Ice provides a 50% advance; rather, such additional fees will be paid for solely by the City out of the proceeds of the Bond Financing or other sources. (d) Provide comments and other input to Design Architect on a timely basis following City’s receipt of the Design Development Documents at each phase of the work (concept design, schematic design and design development). Agenda Item 12.1 Agenda Packet Page 120 of 159 B-2 4874-8688-0103v1 ALF\04706083 (i) City will attend meetings with Sharks Ice and Design Architect, as scheduled by Sharks Ice. 2. Sharks Ice is responsible for the following, at its cost except as noted: (a) Coordinate communications between the City and Design Architect as needed to negotiate and finalize the ASA. (b) Receive and address any requests for information from the Design Architect regarding Project requirements and parameters, technical information needed from the City, and the like. (c) Provide the Design Architect with the specifications and requirements for the Ice Center desired by Sharks Ice. (d) Manage applications for payment and other administrative matters under the ASA. (i) As described in Article 8 of the Consulting Agreement, within 30 days following receipt of an invoice from City, Sharks Ice will advance the City $112,500 in cash (50% of the Design Fees). The City’s use of said funds will be restricted to making 50% of each payment as and when it is due under the ASA. (ii) Sharks Ice will review and approve the Design Architect’s applications for payment before they are submitted to the City. (e) Provide comments and other input to Design Architect on a timely basis following receipt by Sharks Ice of the Design Development Documents at each phase of the design work (concept design, schematic design and design development). (i) Sharks Ice will schedule meetings at mutually convenient times (typically by video conference) with the City and Design Architect to discuss comments to the Design Development Documents. (ii) At the request of the City, Sharks Ice will prepare a slide deck of selected Design Development Documents and related information for presentation to the City Council or other public meeting. B. PROCUREMENT OF DESIGN BUILD CONTRACT 1. City is responsible for the following, at its cost except as noted: (a) Prepare and issue a Request for Qualifications (“RFQ”) to short-list design-build entities (“Contractors”) qualified to submit proposals for the Project. (i) City will oversee the process of selection of qualified Contractors. (ii) This process should be completed while the Design Development Documents are being prepared. (b) Prepare a form of Design-Build Contract that includes all of the City’s required terms and conditions, including the City’s conflict of interest policy, bond requirements, insurance requirements, etc. Agenda Item 12.1 Agenda Packet Page 121 of 159 B-3 4874-8688-0103v1 ALF\04706083 (i) This should also be done while the Design Development Documents are being prepared. (c) Prepare and issue a Request for Proposals (“RFP”) to all previously-qualified Contractors once the Design Development Documents have been completed. (i) City will oversee the process of awarding the Design-Build Contract, including obtaining approval from the City Council. (ii) The RFP will specify that the Design-Build Contract will be awarded on the basis of the best value, not the lowest bid. (d) Finalize the Design-Build Contract and issue notices to proceed (“NTP”) as appropriate. (i) The City may (but is not required) to issue a NTP with respect to design, estimating, value engineering and other pre-construction services prior to the closing of the Bond Financing and Lease Agreement, so that the contractor can provide information needed for the Project Budget and can expedite the design phase of its services. (ii) The City may not issue a NTP with respect to on-site construction work until the closing of the Bond Financing and the Lease Agreement (the “Closing”) has occurred. 2. Sharks Ice is responsible for the following, at its cost except as noted: (a) Provide City with sample forms of RFQ’s, contracts and RFP’s that were used for the Sharks Ice San Jose Expansion Project, to assist in City’s preparation of the necessary documents. (i) Identify, for inclusion in the RFQ and RFP, a list of the specific type of Design-Build Subcontractors and other consultants that will need to be part of the Contractor’s Design-Build team, such as ice skid engineering, civil engineering, soils engineering, structural engineering, HVAC, electrical, plumbing, metal building, fire/life safety, LEED, lighting, AV/scoreboard, etc. (b) Review and comment on the RFQ, the form of Design-Build Contract, and the RFP, and actively participate in the selection of short-listed Contractors and the award of the Design-Build Contract. C. BOND FINANCING AND LEASE AGREEMENT 1. City is responsible for the following, at its cost except as noted: (a) Provide input to Sharks Ice as necessary for the preparation of a Project Budget, which will include estimates of the Project Costs as defined in Exhibit “E”. (i) The Project Costs include the services of a third party construction manager (typically someone with a general contractor’s license or other construction expertise), the selection of which will be subject to the reasonable approval of the City. Agenda Item 12.1 Agenda Packet Page 122 of 159 B-44874-8688-0103v1 ALF\04706083 (ii)The Project Costs do not include the Support Services as defined in Exhibit “E”, which will be provided by the City at its cost. (b)Develop an overall Finance Plan and budget for the Finance Costs as defined in Exhibit “E”, as well as the projected annual debt service. (c)Work with Sharks Ice on the drafting of a Lease Agreement, consistent with the Term Sheet and the Finance Plan. (d)Create a separate legal parcel for the ice facility (the “Premises” under the Lease Agreement), including all associated parking areas and other site improvements. (i)Obtain and record all necessary easements appurtenant to the Premises for ingress and egress, utilities, drainage, and the like. (e)Obtain City Council approval for the Bond Financing, Lease Agreement and all associated documents, and satisfy all conditions necessary for the Closing of the Bond Financing and Lease Agreement (which should be done concurrently). 2.Sharks Ice is responsible for the following, at its cost except as noted: (a)Develop a Project Budget, in consultation with the City and the selected Contractor (assuming the City has issued a NTP to the Contractor to commence pre- construction services). (b)Provide input to the City on the Finance Plan and the budget for the Finance Costs. (c)Prepare the initial draft of the Lease Agreement (which will be based in large part on the Lease Agreement for Sharks Ice at San Jose) and work with the City to make revisions as necessary to achieve a mutually acceptable agreement. (d)Cooperate with the City’s efforts to obtain approval for the Bond Financing and Lease Agreement, and to achieve a concurrent Closing for the same. D.DESIGN-BUILD WORK 1.City is responsible for the following, at its cost except as noted: (a)Provide the Contractor with all property condition reports as may be required in connection with the preparation of construction drawings and specifications (“Construction Documents”), such as soils reports, topographical and/or title surveys, title report, environmental site assessment, biological survey, etc. (b)Prepare, negotiate and obtain City Council approval of a Construction Management Agreement with a third party construction manager selected by Sharks Ice and approved by the City. Agenda Item 12.1 Agenda Packet Page 123 of 159 B-5 4874-8688-0103v1 ALF\04706083 (c) Appoint a City employee as the City’s representative to attend weekly Project meetings, and provide comments, input and assistance during those meetings as appropriate. (d) Prepare and submit building permit applications (or the equivalent) as may be required for City-owned projects. (e) Perform all necessary plan check and inspection services (except that special testing and inspection services typically performed by third party inspectors shall be paid from the Project Funds as a Project Cost). (f) Submit applications (and pay all fees) necessary to obtain any required development clearances by third party governmental agencies, such as for the Habitat Conservation Plan. (g) Construct any public improvements required by the applicable EIR Mitigation Monitoring and Reporting Program (MMRP), such as traffic signals, traffic lanes, and other street improvements, as specified in a Memorandum of Understanding (MOU) between the Parties to be drafted during and coordinated with the preparation of the Construction Drawings. (h) Make improvements to off-site utility main lines, including any upsizing or extensions that may be needed (also to be specified in the MOU). (i) Promptly process all Applications for Payment under the Design-Build Contract, so as to ensure that the Contractor and its Subcontractors are paid within the timeframes required by prompt payment laws. Funding for such payments will be obtained via disbursements from the Project Fund established by the Bond Financing. (j) Promptly issue a Certificate of Occupancy, Notice of Completion, and other similar documents upon satisfaction of the legal requirements therefor. (k) Participate in review and discussion of all other aspects of the Project, including (but not limited to) all matters listed in Paragraph D.2 below, and perform all functions of the “Owner” in connection therewith. 2. Sharks Ice is responsible for the following, at its cost except as noted: (a) Select a third party construction manager (to be approved by City), and assist in negotiation of a Construction Management Agreement between the City and the construction manager. (b) Advise City regarding additional services by the Design Architect as may be needed to review the RFP and/or coordinate transition of design work to the Contractor. (c) Review and comment on Construction Documents. Agenda Item 12.1 Agenda Packet Page 124 of 159 B-6 4874-8688-0103v1 ALF\04706083 (i) Review by Sharks Ice would be limited to issues regarding overall design and aesthetics, functionality, and operational matters. (ii) Sharks Ice will also arrange for and oversee contracts with third party technical review CONSULTANTs (such as code compliance, ADA, LEED, etc.) (d) Review and comment on the Contractor’s bid packages for key subcontractors, and oversee bidding and bid analysis (i) This will include (but not be limited to) ice rink engineering, structural, soils, M/E/P, lighting, utilities, smoke control, civil engineering, trash, landscaping, signage, audio/video, scoreboard, and security. (e) Review and comment on Guaranteed Maximum Price (“GMP”), and prepare Project Budget updates during the course of construction (i) Sharks Ice will review final Subcontractor line items, as well as General Conditions, Contractor’s Fee, and Contractor’s Insurance costs. (ii) Sharks Ice will also review and comment on Allowances, Contingencies, Alternates, and the like. (f) Review and comment on initial Project Schedule, and prepare Project Schedule updates during the course of construction. (i) Sharks Ice will make recommendations to the City regarding the purchase and procurement of long lead items. (ii) Sharks Ice will work with the construction team to address any delays and ascertain ways to make up time for such delays. (g) Review and comment on certificates of insurance, payment and performance bonds, licenses, employment records, Department of Industrial Relations (DIR) registrations, and other documents required from Contractor and its Subcontractors. (h) Coordinate with the City’s risk manager regarding the purchase (as a Project Cost) of Builder’s Risk insurance for the duration of the Project. (i) Review and comment on the Project’s site logistics plan, safety plan, environmental mitigation plans (such as noise and dust control), etc. (j) Schedule and manage weekly Owner/Architect/Contractor meetings, and ensure that meeting minutes are distributed to all team members and applicable City authorities. (k) Review and comment on contracts between City and third party testing and inspections CONSULTANTs (as outlined in the Construction Documents and as required by the building code). (l) Review and comment on purchase agreements between the City and vendors for the delivery and installation of moveable furniture, supplies and equipment. Agenda Item 12.1 Agenda Packet Page 125 of 159 B-7 4874-8688-0103v1 ALF\04706083 (m) Review and comment on requests for Change Orders, and advocate for the Owner’s (City’s) position on any disputes regarding requested increases in costs or time. (n) Review and comment on all Applications for Payment, and follow-up re prompt payment by City. (o) Oversee preparation of punch lists, and monitor completion of all outstanding construction items. (p) Monitor Contractor’s delivery of all guarantees, warranties, lien releases, as-built drawings, and other close-out documents as required by the Contract Documents. Agenda Item 12.1 Agenda Packet Page 126 of 159 C-1 4874-8688-0103v1 ALF\04706083 EXHIBIT “C” PROJECT SCHEDULE Month Completion Date Design Development Documents Procurement of Design-Build Contract Bond Financing and Lease Agreement Design-Build Work 1 Sept 2023 Negotiate/Sign Consulting Agreement (with Council Approval) 2 Oct 2023 Negotiate/Sign ASA (with Council Approval) 3 Nov 2023 Concept Design (4 wks) Prepare RFQ (with Council Approval) (4 wks) 4 Dec 2023 Schematic Design (6 wks) Issue RFQ and collect responses (4 wks) 5 Jan 2024 Select short-listed contractors (2 wks) 6 Feb 2024 Design Development and BOD Narrative (8 wks) Prepare preliminary Project Budget and Finance Plan (4 wks) 7 Mar 2024 Refine Design Development Document Package (2 wks) Prepare form of Design-Build Contract (8-12 wks) Prepare form of Lease (8-12 wks) 8 Apr 2024 Prepare and Issue RFP to Qualified Contractors (4 wks) Prepare draft MOU re City’s off-site construction obligations DPW to prepare drawings for off-site improvements (utility work and MMRP traffic mitigation) 9 May 2024 Design Architect to coordinate transition of design work to Contractor Award Contract (with Council Approval) (4 wks); issue NTP for pre-construction work Revise Project Budget and Finance Plan; circulate first drafts of Financing Documents Begin preparation of Construction Drawings 10 June 2024 Circulate first draft of Preliminary Official Statement 11 July 2024 Submit credit package to rating agency and Bond insurers Circulate 25% CD’s (8 wks) 12 Aug 2024 Credit rating presentation Issue bid requests for all major subs (8 wks) 13 Sept 2024 Circulate draft staff report for review and comment Circulate 50% CD’s (8 wks) 14 Oct 2024 Prepare Guaranteed Maximum Price (GMP) amendment to Design-Build Contract Finalize Project Budget, Financing Documents and Lease; post staff report Review bids and select major subs 15 Nov 2024 Obtain Council approval of MOU and GMP, including advance purchase of long-lead equipment Obtain credit rating; price Bonds; Council Approval for Bond Financing and Lease Complete 100% CD’s and submit for permit (8 wks) 16 Dec 2024 Release Final Official Statement; circulate and execute closing documents 17 Jan 2025 Issue NTP for on-site construction work Close of escrow on Bond Financing and Lease Obtain building permit (8 wks) 18 Feb 2025 Begin construction 19 Mar 2024 20 Apr 2025 21 May 2025 Agenda Item 12.1 Agenda Packet Page 127 of 159 C-2 4874-8688-0103v1 ALF\04706083 22 June 2025 23 July 2025 24 Aug 2025 25 Sept 2025 26 Oct 2025 27 Nov 2025 28 Dec 2025 29 Jan 2026 30 Feb 2026 31 Mar 2026 Complete construction (14 months) 32 Apr 2026 33 May 2026 Complete Punchlist and Close-Out (2 months) 34 June 2026 Notice of Completion is recorded Agenda Item 12.1 Agenda Packet Page 128 of 159 D-1 4874-8688-0103v1 ALF\04706083 EXHIBIT “D” PAYMENT SCHEDULE Month Payment Date Amount of Payment 1 Sept 1, 2023 $-0- 2 Oct 1, 2023 $-0- 3 Nov 1, 2023 $15,000 4 Dec 1, 2023 $15,000 5 Jan 1, 2024 $15,000 6 Feb 1, 2024 $15,000 7 Mar 1, 2024 $15,000 8 Apr 1, 2024 $15,000 9 May 1, 2024 $15,000 10 June 1, 2024 $15,000 11 July 1, 2024 $15,000 12 Aug 1, 2024 $15,000 13 Sept 1, 2024 $15,000 14 Oct 1, 2024 $15,000 15 Nov 1, 2024 $15,000 16 Dec 1, 2024 $15,000 17 Jan 1, 2025 $15,000 18 Feb 1, 2025 $15,000 19 Mar 1, 2025 $15,000 20 Apr 1, 2025 $15,000 21 May 1, 2025 $-0- 22 June 1, 2025 $-0- 23 July 1, 2025 $-0- 24 Aug 1, 2025 $-0- 25 Sept 1, 2025 $-0- 26 Oct 1, 2025 $-0- 27 Nov 1, 2025 $-0- 28 Dec 1, 2025 $-0- 29 Jan 1, 2026 $-0- 30 Feb 1, 2026 $-0- 31 Mar 1, 2026 $-0- 32 Apr 1, 2026 $-0- 33 May 1, 2026 $-0- 34 June 1, 2026 $-0- Total Payments $270,000 Agenda Item 12.1 Agenda Packet Page 129 of 159 E-1 4874-8688-0103v1 ALF\04706083 EXHIBIT “E” DEFINED TERMS As used in the foregoing Agreement, the following terms shall have the meanings given below: The term “Project Costs” includes the following costs for the design, permitting and construction/ installation of the Ice Center, FF&E, and Parking Area improvements: (i) Design, engineering, LEED consulting, and other consulting services, including the payments to CONSULTANT and to the Design Architect as described in the Agreement; (ii) Compliance with applicable MMRP conditions set forth in the EIR (air quality control measures for construction activities; LEED Silver building standards; on-site landscaping within stream setback buffer; and storm drainage plan); (iii) Water, sanitary sewer and other utility connection fees; (iv) Third party special testing and inspection services; (v) Grading, utility trenching and installation of utility facilities; (vi) Landscaping and arborist services; (vii) Construction management services; (viii) Premiums for insurance and bonds required by the Contract Documents; (ix) Labor, supervision, materials, supplies, hauling, and temporary facilities; (x) Purchasing and installing furniture, fixtures, and equipment (“FF&E”); and (i) Building and site signage. The term “Finance Costs” includes all costs related to the underwriting, issuance and sale of the revenue bonds, including for the following items: (i) Bond Counsel/Disclosure Counsel fees and expenses; (ii) Municipal advisor fees and expenses; (iii) Rating agency fees; (iv) Trustee fees and expenses; (v) The establishment of a Capitalized Interest Fund; (vi) The establishment of a Debt Service Reserve Fund, if required; and (vii) Underwriter’s discount, if applicable. The term “Support Services” includes all other services and work paid for or provided by CITY related to the Project, such as the following: (i) Planning applications and approvals, including necessary CEQA clearance; (ii) City Charter and Ordinance amendments to allow design-build Project delivery; (iii) Habitat Conservation Plan fees, traffic mitigation fees, in-lieu fees, and other development fees or exactions; (iv) Preparation and bidding of Construction Contract documents; (v) Building permit applications and inspections; (vi) Construction of public improvements required by the MMRP, such as traffic signals, traffic lanes, and other street improvements; (vii) Improvements to off-site utility main lines, including any upsizing or extensions that may be needed; (viii) Economic feasibility studies; and (ix) Survey work to establish the boundary lines of the subject parcel and/or any required utility easements. Agenda Item 12.1 Agenda Packet Page 130 of 159 13.1.Report on Measures Taken to Improve the Condition of Las Animas Park, Including Safety and Crime Prevention 1. Staff Report: 2. Public Comment 3. Possible Action: Receive the report. Agenda Item 13.1 Agenda Packet Page 131 of 159 Page 1 of 6 City of Gilroy STAFF REPORT Agenda Item Title:Report on Measures Taken to Improve the Condition of Las Animas Park, Including Safety and Crime Prevention Meeting Date:September 18, 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 Receive the report. BACKGROUND The City of Gilroy owns and operates Las Animas Veterans Park, a 31-acre public park located along Mantelli Drive between Wren Avenue and Church Street. Las Animas Park has been the location of a significant number of complaints regarding loitering, crimes in progress, and calls for service relating to the unhoused. On March 16, 2023, the two parking lots from Wayland Lane and Hanna Street were closed due to a series of complaints and issues from area residents. Since both lots have been closed, the closure of the Wayland Lane Parking Lot near the tennis courts has resulted in a complaint being received about its closure from the Gilroy Tennis Club (GTC). Closing the lot eliminated 13 parking spots; however, there are many parking spots available in the Oaks Parking Lot (located along Mantelli Drive closest to Wren Avenue, adjacent to the Skate Park), which is roughly equidistant to the nearest tennis court (approximately 12 feet in difference), as measured by the City’s GIS program. The distance measurements along the paths in the park to the closest tennis court are on the following page. Agenda Item 13.1 Agenda Packet Page 132 of 159 Report on Measures Taken to Improve the Condition of Las Animas Park, Including Safety and Crime Prevention City of Gilroy City Council Page 2 of 6 September 18, 2023 Agenda Item 13.1 Agenda Packet Page 133 of 159 Report on Measures Taken to Improve the Condition of Las Animas Park, Including Safety and Crime Prevention City of Gilroy City Council Page 3 of 6 September 18, 2023 History of the issue Below is an approximate timeline of the development of this matter, commencing with public comments made at prior Council Meetings over a year ago. •January 31, 2022 – Issues of tents being erected at Las Animas Park, including in the handball courts and vandalism of restrooms and other facilities, commences an effort to find ways to address the conditions created by the unhoused using the park as living accommodations and issues with loitering during all times of the day in parking lots adjacent to residential areas. •March 2022 through mid-April 2022 – Issues continue to intensify at Las Animas Park. Enhanced coordination between the Program Administrator for the unhoused, as well as the Police Quality of Life team and Recreation, to connect the unhoused with services and resolve the prohibited camping at the park. •June 7, 2022 – A complaint was received from the Gilroy Tennis Club about revenge vandalism to the tennis courts arising from a conflict between the Tennis Club and soccer players. Cameras were installed in the park. •August 1st and 15th, 2022 – Public comments were received regarding illegal and nuisance-related activity happening repeatedly at the Hanna Street Parking Lot, including assault, rape, shots heard, burglary, drug paraphernalia in the lot near the lot next to the playground, nudity, loud music/noise, public intoxication, trespassing, and suspicious behaving persons and vehicles to name a few. •Late August 2022 - Following the council meetings, a series of site visits, e-mail correspondence, and meetings followed regarding constructing a locking gate to lock the lot after-hours, cameras for monitoring activity in the lot, and discussions about possible ways to enforce the closure were held. •August 18, 2022 – City Administrator forwarded an e-mail to Council from a resident regarding the proposed improvements to address the lot. In the e-mail, the City Administrator informed Council of the procurement and eventual installation of the locking gate for use when closing the parking lot. •Mid-September 2022 – Correspondence between an engaged resident and the City Administrator demonstrates the order placed for the gate and the intent to lock the gate when the park closes. Additionally, signs were installed to denote the park's closure at 11 p.m., as well as signage restricting parking along Hanna Street near the neighborhood entrance to the park. •Late October 2022 – Due to costs, the proposed gate required bidding. Bidding was requested for construction. •January 17, 2023 – The Parks and Recreation Commission, based on the issues relating to late use of the parks, recommended adjusting park closure times for Las Animas Park from 11 p.m. to 10 p.m. •February 2023 – The locking gate is installed at the Hanna Parking Lot. Immediate improvement is witnessed in the parking lots. •March 15, 2023 – An e-mail was received from a resident concerning issues at the Las Animas neighborhood parking lots, requesting that staff close the parking lots permanently. The e-mail also listed negative activity in the parking lot overnight with cold temperatures. Agenda Item 13.1 Agenda Packet Page 134 of 159 Report on Measures Taken to Improve the Condition of Las Animas Park, Including Safety and Crime Prevention City of Gilroy City Council Page 4 of 6 September 18, 2023 •March 16, 2023 – Once the park closed for the day, the gates remained locked with signs informing of the temporary closure of the parking lots for an undetermined amount of time. •March 28, 2023 – A community meeting was held at City Hall in the evening with the neighbors around the parking lots to discuss the issues experienced at the park and, more specifically, the subject parking lots. The residents again advocated for the permanent closure of the residential parking lots. •April 10, 2023 – The City Administrator met with representatives of the Gilroy Tennis Club to discuss the Wayland Lane Parking Lot closure. The City has received complaints from the GTC concerning closing the 13 parking spaces. The City Administrator offered to allow the GTC use of the lot during tournaments and other significant events but otherwise determined that the health/safety issues outweighed the convenience of those parking spaces. Thus, the lot would remain closed. To date, the GTC has not taken up staff’s offer to open the lots during tournaments and significant events. ANALYSIS Below is a listing and description of the reasons why the lots were identified for closure at this time: Complaints Complaints from the Gilroy Tennis Club (GTC) The City has received varied complaints from the GTC concerning safety (loitering, trespassing, camping) within and around the park. When the City closed the smaller neighborhood entry parking lots, the GTC then submitted complaints regarding the closure of the parking lots, specifically, the closure of the Wayland Parking Lot – the closest to the tennis courts – as it is now considered a significant inconvenience for the GTC members/players. It is important to note that the Wayland Lane parking lot, the closest parking lot pre-closure, is only approximately twelve feet (12’) closer than the Oaks Parking Lot, as established above. Petition from Neighbors The City had also received a petition from neighbors around Las Animas Park, asking the City to address the community entrances and the loitering and crime issues around the two smaller parking lots. A total of 98 signatures were applied to the petition. The petition is attached to this staff report. Police and Public Safety Impacts Per the Police Department, limiting access to the parking lots can diminish chances for criminals to take advantage of secluded areas within the park. This, in turn, could decrease occurrences like vandalism, drug-related activities, and disturbances. This proactive approach also contributes to easing the workload of law enforcement tasked with monitoring these spaces. Striking the right balance between deterring crime and maintaining visitor convenience is crucial. Despite the sensitive nature of this Agenda Item 13.1 Agenda Packet Page 135 of 159 Report on Measures Taken to Improve the Condition of Las Animas Park, Including Safety and Crime Prevention City of Gilroy City Council Page 5 of 6 September 18, 2023 equilibrium, the possible gains stemming from decreased criminal incidents and the improved safety of the surrounding community highlight this strategy's efficacy. As the City and residents have taken a more proactive approach to policing and monitoring the park, Staff has received feedback that the park is now more family- friendly and accessible during the daytime. Crime has essentially been eliminated from the two back lots as there is now no access through the neighborhood streets; thus, all vehicular access is now through the streets of Mantelli, Church, and Wren. The decision to close the lots was not based on crime statistics and, thus, not a data-driven decision. The decision addresses activity within the lots while focusing on policing at the park’s main access points. Since the closure of the Hanna and Wayland parking lots, staff has assessed the resulting changes and determined that the park and neighborhood issues have vastly improved. Flexibility to adjust operations to address issues of health and safety while balancing the need for public access is something that is a basic staff duty and one that is not taken lightly. The value of the convenience of the two smaller lots is overshadowed by the higher need to preserve overall public safety. The City has seen significant improvements in this area of town - it is much easier and cost-effective to prevent undesirable activities than directly addressing them through constant law enforcement. Preventing criminal and disruptive acts before they happen reduces both the need to react to the act itself and providing deterrence to other acts, compared to responding to only a single violation whenever it occurs. Other Impacts and Considerations Available Parking With the closure of the Wayland and Hanna parking lots, a combined 38 parking spaces were made unavailable, including two handicapped spaces (16 and 22, respectively, each including one handicapped space). The remaining parking spaces include the following: •Oaks Parking Lot – 56 spaces (including four handicapped parking spaces) •Mantelli Parking Lot – 53 spaces (including two handicapped parking spaces) •Street Parking – City code has parking stalls to be made with 18 feet of depth. The total available parking strip is 2,108 feet for the entire park. Assuming 18 feet per vehicle parked, a total of 117 vehicles may park at one time along Wren and Mantelli at the park, which will be the number of “parking spaces” used for this analysis. The total amount of parking spaces listed above, including the two closed lots, is 264. The 38 spaces of the closed lots account for 14% of the total parking spaces, leaving 86% remaining open and available. In addition, on several occasions (including Saturdays during Gilroy Little League games), staff has checked the parking availability at Las Animas Veterans Park at Agenda Item 13.1 Agenda Packet Page 136 of 159 Report on Measures Taken to Improve the Condition of Las Animas Park, Including Safety and Crime Prevention City of Gilroy City Council Page 6 of 6 September 18, 2023 varied times of the day. On all visits, plenty of parking was available in the park areas noted above for park users. Impacts of Lot Closure Closing the two neighborhood entrances has caused inconvenience for those aiming to use the lots to access the park's southern side more directly. However, this is considered by staff to be a minor impact, as the walking distance to the tennis courts is very similar to the Oaks parking lot as it is from the Wayland parking lot, which is closed. Residents can still access the park through the closed areas on foot or bicycle, and the closure obstructs only vehicles. Other than this, no further impact has been identified by staff from the closures. Future of the Lots While a convenience for neighboring residents, there are concerns with crime, disturbances, and other nuisances that can be generated by heavier than normal usage in residential areas because of the use of these parking lots. One option considered is to have the lots open only for part of each day. However, staff is of the opinion that this would create additional issues. The lots would be available for part of the day, creating the opportunity to be a gathering spot for illegal and nuisance activity. It should be noted that some of the most egregious activities occurred during the daytime. Furthermore, the closures would create instances where vehicles may remain parked after closing hours, requiring towing and other parking enforcement activities. This would require staff time, as well as impound fees for those vehicles ultimately towed, to be able to close the lots. Currently, staff believes the best measure to help reduce the illegal and nuisance activities in the two neighborhood entrance parking lots is for them to remain closed. The lots could be considered for other uses or returned to parkland. ALTERNATIVES None – This is an informational report. FISCAL IMPACT/FUNDING SOURCE None – This is an informational report. PUBLIC OUTREACH This item was included in the publicly posted agenda for this meeting. Attachments 1. Petition Agenda Item 13.1 Agenda Packet Page 137 of 159 Agenda Item 13.1 Agenda Packet Page 138 of 159 Agenda Item 13.1 Agenda Packet Page 139 of 159 Agenda Item 13.1 Agenda Packet Page 140 of 159 Agenda Item 13.1 Agenda Packet Page 141 of 159 Agenda Item 13.1 Agenda Packet Page 142 of 159 Agenda Item 13.1 Agenda Packet Page 143 of 159 Agenda Item 13.1 Agenda Packet Page 144 of 159 Agenda Item 13.1 Agenda Packet Page 145 of 159 Agenda Item 13.1 Agenda Packet Page 146 of 159 Agenda Item 13.1 Agenda Packet Page 147 of 159 13.2.Sidewalk Vending Permit Fee and Senior Code Enforcement Officer 1. Staff Report: 2. Public Comment 3. Possible Action: 1. Adopt a resolution establishing a permit application fee and annual renewal fee for sidewalk vending. 2. Approve the addition of a Senior Code Enforcement Officer position in the Community Development Department. 3. Adopt a resolution approving the updated Position Control List for FY 24. Agenda Item 13.2 Agenda Packet Page 148 of 159 Page 1 of 7 City of Gilroy STAFF REPORT Agenda Item Title:Sidewalk Vending Permit Fee and Supervising Code Enforcement Officer Meeting Date:September 18, 2023 From:Jimmy Forbis, City Administrator Department:Community Development Submitted By:Sharon Goei, Community Development Director Prepared By:Jon Biggs, Special Assistant to City Administration Sharon Goei, Community Development Director STRATEGIC PLAN GOALS Promote Economic Development Activities RECOMMENDATION 1. Adopt a resolution establishing a permit application fee and annual renewal fee for sidewalk vending. 2. Approve the addition of a Supervising Code Enforcement Officer position in the Community Development Department. 3. Adopt a resolution approving the updated Position Control List for FY 24 and FY 25. EXECUTIVE SUMMARY Staff is proposing an initial sidewalk vending permit application fee of $865 and an annual renewal fee of $204 be adopted by the City Council for this activity in the City. Staff is also proposing the addition of a Supervising Code Enforcement Officer position to expand the proficiency and capability of the code enforcement function to address complex cases, implement new ordinances, and supervise and prioritize activities. Agenda Item 13.2 Agenda Packet Page 149 of 159 Sidewalk Vending Permit Fee and Supervising Code Enforcement Officer City of Gilroy City Council Page 2 of 7 September 18, 20231 2 9 0 BACKGROUND At the August 21, 2023 regular City Council meeting, the Council adopted an ordinance adding Chapter 16B, Sidewalk Vending, to the Gilroy City Code. Staff has been working on the implementation of the ordinance. The ordinance goes into effect on September 20, 2023. ANALYSIS Sidewalk Vending Permit Application Fee and Annual Renewal Fee The City’s current fee schedule was last updated in July of 2023 and the fees adopted for the various services the City provides support the City Council’s strategic priority to be fiscally resilient and sustainable. As such, adopting the fee as proposed will ensure 100% cost recovery. Staff has conducted a review of the steps necessary to process a sidewalk vending permit application and based the recommended fee on the fully burdened staff rate of those members who will be responsible for processing the applications and the amount of time to complete each step in the permit review and approval process. Staff that will be responsible for processing the sidewalk vending permit applications include a Code Enforcement Officer and, to a lesser degree, a Permit Technician. Steps included in the processing of an application include the following: Initial inquiry by applicants on the permit requirements and standards for sidewalk vending Application submittal and assignment to staff Staff review of the application Follow-up review, if needed Permit issuance Tracking of permit – with notices of permit renewal being sent out annually A permit application fee of $865 is derived from a review of the steps expected in processing a permit application along with the time projected each step in the process will take, multiplied by the fully burdened rate of the staff members involved in processing the permit. A Code Enforcement Officer, at a fully burdened rate of $121.88 per hour, is anticipated to spend 6.75 hours total covering applicant inquiry, application submittal, application review and follow-up, and permit tracking. A Permit Technician, at a fully burdened rate of $83.92 per hour, is anticipated to spend 0.5 hours on application and fee processing, followed by permit issuance. Staff is recommending that $865 be the fee for sidewalk vending permits adopted by the City Council. Given that renewal of sidewalk vending permits is expected to take less time, the annual renewal fee is proposed at $204. A Code Enforcement Officer, at a fully burdened rate of $121.88 per hour, is anticipated to spend 1.5 hours total covering application submittal, application review and follow-up, and permit tracking. A Permit Technician, at a fully burdened rate of $83.92 per hour, is anticipated to spend 0.25 hours on application and fee processing, followed by permit issuance. Staff notes here that all Agenda Item 13.2 Agenda Packet Page 150 of 159 Sidewalk Vending Permit Fee and Supervising Code Enforcement Officer City of Gilroy City Council Page 3 of 7 September 18, 20231 2 9 0 issued permits will be normalized and set to expire at the end of the calendar year; thus, vendors will need to renew their permits at the start of each calendar year. There will be no prorating of the permit date or application fee because the City will incur the same expenses in processing each new permit application. For comparison purposes, staff is providing below the sidewalk vending permit application fee for the following cities: Carmel-by-the Sea - $425 Sacramento - $112 Salinas - $746.75 Santa Cruz - $30 San Jose - $500 for vending at fixed locations; $356 for mobile permits (Note these permits are good for two (2) years) Watsonville - $306 These fees reflect a wide range and differ from the one being proposed by staff. Reasons behind the differences in fees include the following: Staff assigned to process the permit applications Permit requirements or standards Incentives to support the program (General Fund subsidizing the costs incurred by their city to process these permits). Gilroy’s program assumes that the City will realize full cost recovery. If adopted, the recommended fees will support processing these applications and help achieve compliant sidewalk vending in the City. Code Compliance Efforts and Education As the City Council is aware, a successful program is achieved when an appropriate enforcement strategy is undertaken to verify and compel compliance with adopted rules and standards. To achieve a successful sidewalk vendor program, staff will be undertaking the following steps to implement and enforce the rules for sidewalk vending reflected in the ordinance: Outreach and Education – Staff will conduct this phase in English and Spanish. Staff will be creating a webpage and posting notices at various physical locations and electronically about the permit requirements and standards for sidewalk vending. Staff will also be conducting educational outreach to outdoor vendors and businesses in person, including during the evening and nighttime hours on Fridays and Saturdays. Staff will conduct a training workshop for outdoor vendors on the permit process, including the need for permits from other agencies, standards for sidewalk vending, explain what will be needed and how to complete the permit application, and answer questions. Staff is also working on having the Santa Clara County Health Department present at the outreach and education workshop so possible vendors can learn first- hand about the permit requirements of this agency. The efforts in this outreach and Agenda Item 13.2 Agenda Packet Page 151 of 159 Sidewalk Vending Permit Fee and Supervising Code Enforcement Officer City of Gilroy City Council Page 4 of 7 September 18, 20231 2 9 0 education phase are anticipated to take place between September 18 and the first week of October. Enforcement – After three weeks of educational outreach, staff will begin conducting active enforcement during the first weekend of October. This enforcement effort will be conducted Citywide. Code Enforcement staff will initially be supported by the Police Department and the Fire Prevention team as needed. At the first encounter with a vendor operating outside the permit requirements and standards, staff will attempt to explain how the vendor can bring their activity into compliance. If these efforts are not successful, staff can begin issuing citations to compel compliance or, in the most extreme situations, confiscate the vending device and materials. This would be the step of last resort, and staff is hopeful that vendors will understand that compliance with the rules is the preferred alternative. As noted earlier, 100% cost recovery supports the City Council’s strategic priority to be fiscally resilient and sustainable, and the proposed fee is in line with this strategic priority. Staff anticipates that the initial applications that are submitted will take more time than the estimate used to support the fees. As it acquaints itself with the review of these applications, staff expects that the processing time will be in line with projections. Staff believes that the outreach and education effort will be the most effective way to achieve compliance with the sidewalk vending ordinance, and given the standards that this ordinance sets in place, result in safe and accessible sidewalks, paths, and parks across the City. Code Enforcement Activity and Capacity Prior to the COVID-19 pandemic, the City had 3.25 FTE in the code enforcement function. There were two (2) full-time Code Enforcement Officers, plus two (2) part-time Code Enforcement Officers, each working 25 hours a week, mostly on evening and weekend enforcement. After the part-time positions were defunded during the pandemic, the City has had 2.0 FTE in the code enforcement function, both reporting to the Building Official. Code enforcement activities have been increasing since 2020 and are returning to pre- pandemic levels as people resume normal activities. Code enforcement receives a wide range of concerns from the community, including building or substandard housing complaints, blight, weeds, garbage-related complaints, unhoused encampment concerns, multifamily housing complaints, recreational vehicle or trailer-related complaints, spill, stormwater, public way encroachment concerns, and various municipal code violations. Measuring customer interaction as activities, which would include contact/phone log entries, meetings, and inspections, the following chart shows the activity trend for the past seven years. Agenda Item 13.2 Agenda Packet Page 152 of 159 Sidewalk Vending Permit Fee and Supervising Code Enforcement Officer City of Gilroy City Council Page 5 of 7 September 18, 20231 2 9 0 In the past year, the complexity of the code enforcement cases, and the necessity of cross-departmental collaboration, have been on the rise. For example, after staff inspected the Travel Park Circle area in early 2023, staff opened six cases as different parcels and property owners were involved. Staff also coordinated with the Police Department in these cases. Each case has different violations, and each violation has different corrective actions and timeframes. The case history is extensive for each case, including contact/phone log entries, research, site visits, notices, and follow-up letters. Another example of increasing complexity is new ordinances and the intricacy associated with them that has necessitated more staff expertise. For the new ordinance prohibiting smoking at multifamily housing and public events, code enforcement staff has addressed numerous complaints and inquiries from one source, including responding to approximately 50 phone calls and e-mails, as well as conducting multiple site visits and in-person meetings. Staff has held many discussions with the Community Development management team to analyze the ordinance and situation, exploring possible pathways to resolution. Recently adopted, the Sidewalk Vending ordinance has involved and detailed requirements and standards. To fully implement and facilitate this complex program, and to address the increasing complexity and activity level as noted above, staff recommends adding an advanced level code enforcement position to expand the expertise and capacity of the code enforcement function. Code enforcement activities involve many procedural requirements. For the code enforcement function in a city, there is typically a supervisor or a lead staff member who can assist staff in setting priorities and in ensuring consistent procedures among staff. A senior staff member can also assist less experienced staff through complex cases. Supervising Code Enforcement Officer Position During the City Council meetings in developing the Sidewalk Vending ordinance these past few months, Council indicated to staff its priority on enhanced enforcement efforts. To achieve this Council priority, after analyzing current code enforcement activities and capacity, staff recommends adding a Supervising Code Enforcement Officer position. This position will prioritize code enforcement activities, cases, and ordinances to Agenda Item 13.2 Agenda Packet Page 153 of 159 Sidewalk Vending Permit Fee and Supervising Code Enforcement Officer City of Gilroy City Council Page 6 of 7 September 18, 20231 2 9 0 implement, and focus on complicated, often cross-departmental cases with Police, Fire, and/or Public Works Departments. The Supervising Code Enforcement Officer will handle the most complex and sensitive investigations and cases; organize, supervise, and prioritize code enforcement activities; coordinate staff training; provide technical expertise on difficult incidents; assist with the development and implementation of policies and procedures to ensure timely and accurate completion of assignments; supervise the preparation of materials and evidence for administrative appeal hearings; and coordinate with other departments or divisions on compliance activities. After joining the Code Enforcement team, the Supervising Code Enforcement Officer will be able to address and assist with the accumulation and backlog of cases, as well as elevate areas that are currently necessitated to be lower priority, such as signages, offsite advertisement, abandoned newspaper racks, shopping carts, etc. Staff believes this resource level of one (1) Supervising Code Enforcement Officer and two (2) Code Enforcement Officers provides the basic level for reactive, complaint- driven enforcement efforts. Most jurisdictions operate on a reactive model of code enforcement, and the function is typically funded by the General Fund as it serves the entire community. Staff’s proposed resource level will bring the City close to the pre- pandemic level, which had two full-time and two part-time Code Enforcement Officers. The proposed resource level will expand the proficiency and capability of the code enforcement function with a supervisor position and will resolve the difficulty with filling part-time positions. Revenues and Expenditures Staff anticipates revenues being generated during the first year of the sidewalk vending program. These revenues include the anticipated submittal of approximately fifteen (15) stationary food sidewalk vendor permits at various locations around the City and approximately forty (40) applications for the seasonal stationary sidewalk vendors that sell items during holidays. The projected revenue of $47,575 is derived from fifty-five (55) applications at the proposed $865 permit application fee for each application. Ongoing revenue derived from an annual renewal fee of $204 each for fifty-five (55) applications is estimated at $11,220 per year. There may be new applications each year as well. The cost to add one Supervising Code Enforcement Officer position is estimated to be approximately $150,000 annually. Once approved, staff will work on establishing a new job description and a final salary range for the classification of Supervising Code Enforcement Officer and will submit it to the Personnel Commission for review and approval. The cost associated with adding a Supervising Code Enforcement Officer position will be paid from the General Fund. Any short-term salary savings from vacant General Fund positions in the Community Development Department can offset some of the initial expense. However, since the savings are temporary, the ongoing cost of adding the Agenda Item 13.2 Agenda Packet Page 154 of 159 Sidewalk Vending Permit Fee and Supervising Code Enforcement Officer City of Gilroy City Council Page 7 of 7 September 18, 20231 2 9 0 Supervising Code Enforcement Officer position will be about $150,000 annually. The cost will be absorbed within the existing FY 24 and FY 25 budgetary appropriations so no budget amendment is needed at this time. Future years’ budgetary impacts will be included in the next budget cycle. ALTERNATIVES The City Council could direct staff to adjust the fee to less than full cost recovery. This is not recommended as it is the Council’s strategic priority to be fiscally resilient and sustainable. As such, adopting the fee as proposed will ensure 100% cost recovery. FISCAL IMPACT/FUNDING SOURCE Aside from developing the ordinance and taking it through the review and approval process, establishing a regulatory program for sidewalk vending does incur additional costs for the City. Expenditures for developing the program include both personnel and materials costs. These are one-time expenditures to develop the program and are not reflected in the permit application fee applicants will pay to process their applications. Revenues generated by the proposed sidewalk vending permit application fee, estimated at $47,575 from fifty-five (55) applications at the proposed $865 permit application fee, are expected to recover the costs incurred by the City in processing these applications. The ongoing fiscal impact to the General Fund of adding a Supervising Code Enforcement Officer position is estimated to be approximately $150,000 annually. The cost will be absorbed within the existing FY 24 and FY 25 budgetary appropriations, so no budget amendment is needed at this time. Future years’ budgetary impacts will be included in the next budget cycle. PUBLIC OUTREACH Staff, as part of its outreach and education effort, will be providing information on the permit application, procedures, and fees for sidewalk vending. NEXT STEPS Staff is completing the webpage creation with applications and handouts that will support the sidewalk vending permitting process and is beginning educational outreach efforts to the community. Attachments: 1. Draft Resolution Establishing a Sidewalk Vending Permit Application and Annual Renewal Fee 2. Draft Resolution for Position Control List Agenda Item 13.2 Agenda Packet Page 155 of 159 1 0 3 4 RESOLUTION 2023-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING A PERMIT APPLICATION AND ANNUAL RENEWAL FEE FOR SIDEWALK VENDING WHEREAS, State law allows cities to charge fees for services rendered by various Departments to individuals or groups so long as the amount of those fees and charges do not exceed the reasonable cost required to provide the service for which the fees and charges are levied; and WHEREAS, Gilroy City Code authorizes the establishment of such fees and charges and their cost recovery; and WHEREAS, Staff has conducted an evaluation of the steps taken in the processing of a sidewalk vending permit application and annual renewal fee and the amount of time needed for each step, and the associated fully burdened rate of the staff member processing these applications; and WHEREAS, Section 7.4 of the Gilroy City Code provides that all fees and charges set forth shall take effect upon a duly passed resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED THAT the fee for a sidewalk vending permit application is $865 and the annual sidewalk vending permit renewal fee is $204, and these may be amended from time to time as appropriate so that the fees reflect increases in the Consumer Price Index for the San Francisco-Oakland-San Jose All Urban Consumers area. PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the 18th day of September 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 Agenda Item 13.2 Agenda Packet Page 156 of 159 RESOLUTION NO. 2023-XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING THE AUTHORIZED POSITION CONTROL LIST FOR THE CITY OF GILROY FOR FISCAL YEARS 2023-2024 AND 2024-2025 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 Years 2023-2024 and 2024-2025 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 18th day of September 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 Agenda Item 13.2 Agenda Packet Page 157 of 159 Resolution No. 2023-XX Position Control List City Council Regular Meeting | September 18, 2023 Page 2 of 3 1 0 7 4 DEPARTMENT Amended FY22 Amended FY23 Amended FY24 Amended FY25 ADMINISTRATION 14 16 15 15 Assistant to the City Administrator 0 1 1 1 City Administrator 1 1 1 1 City Clerk 1 1 1 1 Community Coordinator 1 1 1 1 Communication and Engagement Manager 1 1 1 1 Community Engagement Coordinator 0 0 1 1 Community Resilience Coordinator 0 1 1 1 Deputy City Clerk 1 1 1 1 Economic Development Manager 1 1 1 1 Emergency Services & Volunteer Coordinator 1 1 1 1 HCD Technician 1 1 0 0 Management Analyst 0 1 1 1 Office Assistant I/II 0 0 1 1 Program Administrator 1 1 0 0 Recreation Coordinator 2 1 1 1 Recreation Manager 1 1 1 1 Recreation Supervisor 0 1 1 1 Senior Management Analyst 2 1 0 0 ADMINISTRATIVE SERVICES 14 14 14 14 Administrative Services & Human Resources Director/Risk Manager 1 1 1 1 Equipment Mechanic 2 2 2 2 Facilities Maintenance Specialist 3 3 3 3 Facilities Superintendent 1 1 1 1 Fleet Superintendent 1 1 1 1 Human Resources Analyst 1 1 1 1 Human Resources Technician II 1 1 1 1 Management Assistant 1 1 1 1 Senior Custodian 1 1 1 1 Senior Equipment Mechanic 1 1 1 1 Senior Human Resources Analyst 1 1 1 1 COMMUNITY DEVELOPMENT 23 23 26 26 Building Inspector I/II 3 3 3 3 Building Official 1 1 1 1 Code Enforcement Officer 2 2 2 2 Community Development Director 1 1 1 1 Customer Service Manager 1 1 1 1 Deputy Fire Marshal/Haz Mat Supervisor 1 1 1 1 GIS Coordinator/Planner 1 0 0 0 Hazardous Materials Inspector I/II 3 3 3 3 HCD Technician 0 0 1 1 Housing and Community Services Manager 0 0 1 1 Management Analyst 1 1 1 1 Management Assistant 1 1 1 1 Office Assistant I/II 1 1 1 1 Permit Technician 2 3 3 3 Planner I/II 2 2 2 2 Planning Technician 1 1 1 1 Supervising Code Enforcement Officer 0 0 1 1 Senior Planner 2 2 2 2 FINANCE 17 20 21 21 Accountant I/II 1 1 2 2 Accounting Assistant I/II 6 7 7 7 Accounting Technician - Payroll 1 1 1 1 Accounting Technician I/II 1 0 0 0 Finance Director 1 1 1 1 Finance Manager 2 2 2 2 Financial Analyst 1 1 1 1 Below is the Table of adopted full-time positions by Department for FY24 and FY25. POSITION CONTROL LIST Agenda Item 13.2 Agenda Packet Page 158 of 159 Resolution No. 2023-XX Position Control List City Council Regular Meeting | September 18, 2023 Page 3 of 3 1 0 7 4 Geographic Information Systems Analyst 0 1 1 1 IT Applications Analyst 1 1 1 1 IT Manager 1 1 1 1 IT Technician I/II 1 1 1 1 Network Administrator 0 1 1 1 Public Safety Systems Administrator 1 1 1 1 Supervising Accounting Technician 0 1 1 1 FIRE 44 44 44 46 Fire Administration Technician 1 1 1 1 Fire Captain 10 10 10 10 Fire Chief 1 1 1 1 Fire Division Chief 3 3 3 3 Fire Engineer 9 9 9 9 Firefighter I/II 19 19 19 21 Management Analyst 1 1 1 1 POLICE 101 102 104 107 Community Engagement Coordinator 0 0 1 1 Community Services Officer 4 4 4 4 Police Crime Analyst 1 1 1 1 Detention Services Officer 3 4 4 4 Management Analyst 1 1 1 1 Management Assistant 1 1 1 1 Multi-Service Officer 1 1 1 1 Office Assistant I/II 1 1 1 1 Police Captain 3 3 3 3 Police Chief 1 1 1 1 Police Corporal 8 8 8 8 Police Officer 44 44 44 46 Police Records Technician I/II 6 6 6 6 Police Sergeant 11 11 11 11 Property and Evidence Technician 1 1 1 1 Public Safety Communications Supervisor 1 1 1 1 Public Safety Communicator 12 12 13 14 Police Records Supervisor 1 1 1 1 Youth Task Force Coordinator 1 1 1 1 PUBLIC WORKS 49 49 31 31 City Engineer/Transportation Engineer 1 1 1 1 Deputy Director of Public Works 1 1 1 1 Engineer I/II 5 5 5 5 Engineering Technician/Inspector I/II/III 2 2 3 3 Maintenance Worker I/II 27 25 10 10 Management Analyst 2 2 2 2 Management Assistant 1 1 1 1 Operations Services Supervisor 3 3 2 2 Program Administrator 0 0 1 1 Public Works Director 1 1 1 1 Senior Civil Engineer 2 2 2 2 Senior Environmental Engineer 1 1 0 0 Senior Maintenance Worker 3 5 2 2 UTILITIES 0 0 27 27 Utilities Director 0 0 1 1 Business Manager 0 0 1 1 Engineer I/II 0 0 2 2 Environmental Engineer 0 0 1 1 Maintenance Worker I/II 0 0 15 15 Management Analyst 0 0 1 1 Office Assistant I/II 0 0 1 1 Operations Services Supervisor 0 0 1 1 Senior Environmental Engineer 0 0 1 1 Senior Maintenance Worker 0 0 3 3 CITYWIDE FULL-TIME PERSONNEL 262 268 282 287 Agenda Item 13.2 Agenda Packet Page 159 of 159