September 9 2024 City Council Agenda PacketSeptember 9, 2024 | 6:00 PM Page 1 of 6 City Council Regular Meeting
Agenda
CITY COUNCIL
REGULAR MEETING
AGENDA
CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET, GILROY, CA
95020
MONDAY, SEPTEMBER 9, 2024 | 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 publiccomments@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
special assistance to participate in this meeting, please contact the City Clerk’s
Office at least 72 hours prior to the meeting at (408) 846-0204 or
cityclerk@cityofgilroy.org to help ensure that reasonable arrangements can be
made.
If you 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 9, 2024 | 6:00 PM Page 2 of 6 City Council Regular Meeting
Agenda
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.
To access written translation during the meeting, please scan the QR Code or
click this link:
Para acceder a la traducción durante la reunión, por favor escanee el código
QR o haga clic en el enlace:
bit.ly/3FBiGA0
Choose Language and Click Attend | Seleccione su lenguaje y haga clic en
asistir
Use a headset on your phone for audio or read the transcript on your device.
Use sus auriculares para escuchar el audio o leer la transcripción en el
dispositivo.
The agenda for this 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 Honoring United Against Hate Week September 21-27, 2024
2.2. Proclaiming September 2024 Childhood Cancer Awareness Month
2.3. Proclaiming September 2024 as National Preparedness Month
3. COUNCIL CORRESPONDENCE (Informational Only)
4. PRESENTATIONS TO THE COUNCIL
September 9, 2024 | 6:00 PM Page 3 of 6 City Council Regular Meeting
Agenda
4.1. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE
CITY COUNCIL
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
may be listed on a future agenda.
Email written comments on non-agenda topics
to publiccomments@cityofgilroy.org or mail them to City Hall, 7351
Rosanna Street, Gilroy, CA 95020, by 1:00 p.m. 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.
5. REPORTS OF COUNCIL MEMBERS
Council Member Bracco – Downtown Committee, Santa Clara County Library Joint
Powers Authority, Santa Clara Valley Water Joint Water Resources Committee, SCRWA
Council Member Armendariz – Downtown Committee, Santa Clara County Library Joint
Powers Authority (alternate), Santa Clara Valley Habitat Agency Governing Board, Santa
Clara Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy Authority
JPA Board (alternate)
Council Member Marques – ABAG, Downtown Committee, 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, VTA Policy Advisory Committee
Council Member Cline – Gilroy Economic Development Partnership (alternate), Gilroy
Gardens Board of Directors (alternate), Gilroy Sister Cities Association, Gilroy Youth Task
Force, Silicon Valley Regional Interoperability Authority Board, VTA Policy Advisory
Committee (alternate), Visit Gilroy California Welcome Center Board, VTA Mobility
Partnership Committee
Council Member Tovar – Downtown Committee, 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, Downtown Committee, 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 Committee
September 9, 2024 | 6:00 PM Page 4 of 6 City Council Regular Meeting
Agenda
6. 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.
6.1. Approval of the Action Minutes of the August 19, 2024 City Council Regular
Meeting
7. BIDS AND PROPOSALS
7.1. Award a Three-year Contract to Alpine Landscapes in a Total Amount of
$1,163,958 with an Annual Not to Exceed Amount of $387,986 for the
Community Facilities District Landscape Maintenance Services, with up-to
Two, One Year Extension Options, and Adopt a Resolution Amending the
Fiscal Year 2025 Budget by $28,927
1. Staff Report: Heba El-Guindy, Public Works Director
2. Public Comment
3. Possible Action:
City Council:
a) Approve award of a three-year contract to Alpine Landscapes in a total
amount of $1,163,958 with an annual not to exceed amount of
$387,986 for performing the Community Facilities District (CFD)
Landscape Maintenance Services.
b) Authorize the City Administrator to exercise at the end of the contract
term the two, one-year extension options at the City’s sole discretion.
c) Adopt a resolution amending the Fiscal Year 2025 budget by $28,927.
7.2. Award a Three-year Contract to Jensen Landscape Services, LLC in the
Total Amount of $3,378,990 with an Annual Not to Exceed Amount of
$1,126,330 for Citywide Landscape Services, and Authorize up to Two,
One-Year Extension Options
1. Staff Report: Heba El-Guindy, Public Works Director
2. Public Comment
3. Possible Action:
City Council:
a) Approve award of a three-year contract to Jensen Landscape Services,
LLC in the total amount of $3,378,990 with an annual not to exceed
amount of $1,126,330 for Citywide Landscape Services.
b) Authorize the City Administrator to exercise at the end of the contract
term the two, one-year extension options at the City‘s sole discretion.
8. PUBLIC HEARINGS
8.1. Introduction of an Ordinance of the City Council of the City of Gilroy
Adjusting Future Mayor and City Council Member Salaries
1. Disclosure of Ex-Parte Communications
2. Staff Report: Bryce Atkins, Assistant to the City Administrator
September 9, 2024 | 6:00 PM Page 5 of 6 City Council Regular Meeting
Agenda
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Council:
a) Motion to read the ordinance by title only and waive further reading of
the ordinance; and
b) Introduce an ordinance of the City Council of the City of Gilroy
adjusting future mayor and city council member salaries.
9. UNFINISHED BUSINESS
10. INTRODUCTION OF NEW BUSINESS
10.1. Legislative Update
1. Staff Report: Jimmy Forbis, City Administrator
2. Public Comment
3. Possible Action:
Council receive the report and provide direction regarding Council’s desire to
support or oppose any upcoming legislation or ballot measures.
10.2. Consideration of an Amendment to Gilroy City Code Chapter 16.6-1(p)
Cardroom, Table Restrictions
1. Staff Report: Pedro Espinoza, Police Chief
2. Public Comment
3. Possible Action:
Council approval to increase the number of cardroom tables allowed from 10
to 12 tables.
10.3. Recreation Needs Assessment Implementation Introduction
1. Staff Report: Bryce Atkins, Assistant to the City Administrator
2. Public Comment
3. Possible Action:
Council receive the presentation and provide direction if desired.
11. FUTURE COUNCIL INITIATED AGENDA ITEMS
11.1. Request to Add to the September 16, 2024 Agenda the United Sovereign
Americans Resolution for Council Discussion
1. Staff Report: Bryce Atkins, Assistant to the City Administrator
2. Public Comment
3. Possible Action:
Council consideration to add the requested item to the September 16, 2024
City Council meeting agenda.
September 9, 2024 | 6:00 PM Page 6 of 6 City Council Regular Meeting
Agenda
12. CITY ADMINISTRATOR'S REPORTS
13. CITY ATTORNEY'S REPORTS
14. CLOSED SESSION
15. ADJOURN TO OPEN SESSION
Report of any action taken in Closed Session and vote or abstention of each Council
Member if required by Government Code Section 54957.1 and GCC Section 17A.13(b);
Public Report of the vote to continue in closed session if required under GCC Section
17A.11(5).
16. ADJOURNMENT
FUTURE MEETING DATES
September 2024
16 Regular Meeting - 6:00 p.m
October 2024
7 Regular Meeting - 6:00 p.m
21 Regular Meeting - 6:00 p.m
November 2024
4 Regular Meeting - 6:00 p.m
18 Regular Meeting - 6:00 p.m
December 2024
9 Regular Meeting - 6:00 p.m
Meetings are live streamed on the City of Gilroy’s website at gilroy.city/meetings and on
YouTube at https://bit.ly/45jor03.
Access the 2024 City Council Meeting Calendar at https://bit.ly/3LLzY1n.
2.1
p. 7 of 172
2.2
p. 8 of 172
2.3
p. 9 of 172
City Council Regular Meeting
Agenda August 19, 2024 | 6:00 PM Page 1 of 6
CITY COUNCIL ACTION MINUTES
MONDAY, AUGUST 19, 2024 | 6:00 PM
1. OPENING
1.1. Call to Order
1.2. Pledge of Allegiance
Council Member Tovar led the Pledge of Allegiance.
1.3. Invocation
Bishop Mark Fullmer, Church of Christ of Latter Day Saints led the
Invocation.
1.4. City Clerk's Report on Posting the Agenda
Interim City Clerk Beth Minor announced the agenda was posted on Friday,
August 16, 2024 at 8:12 A.M.
1.5. Roll Call
Attendance Attendee Name
Dion Bracco, Council Member
Rebeca Armendariz, Council Member
Carol Marques, Council Member
Zach Hilton, Council Member
Tom Cline, Council Member
Fred Tovar, Council Member
Marie Blankley, Mayor
Absent None
1.6. Orders of the Day
1.7. Employee Introductions
LeeAnn McPhillips introduced newly promoted Senior Facilities Specialist
Paul Gimenez.
Heba-El Guindy introduced Public Works Management Analyst Karen
Gumin, and Maintenance Worker I Eric O’Connor.
Fire Division Chief Summers introduced Firefighters Eleazar Pagatpatan,
and Adrian Calderon.
2. CEREMONIAL ITEMS - Proclamations and Awards
3. COUNCIL CORRESPONDENCE (Informational Only)
4. PRESENTATIONS TO THE COUNCIL
4.1. Annual Presentation by the Parks and Recreation Commission
Patricia Bentson presented the annual Parks and Recreation Commission
6.1
p. 10 of 172
City Council Regular Meeting
Agenda August 19, 2024 | 6:00 PM Page 2 of 6
report.
4.2. 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.
Kenny Silva read the beginning of the United Sovereign Americans proposed
resolution for a valid 2024 General Election.
Josephine Kawanami continued reading the resolution.
Joanie Murphy continued reading the resolution.
Jean read the final section of the resolution.
Teresa Higginson concluded the presentation from the United Sovereign Americans
group.
Jim Wyatt spoke in favor of Ballot Measure C and the need for public safety funding.
James Suner requested Council agendize an item regarding his Greeenfield Project.
Zachariah DeLaRosa spoke regarding the need for assistance for the homeless in
Gilroy.
Elaine Goodinghamitlon let the Council know about the problems with trash, mice,
flies, feral cats, and kids congregating at the Garlic Farm RV Park.
Ron Kirkish spoke regarding an issue he has with the Registrar of Voters Office
sending ballots to his house for his grown son who lives out of the area.
There being no further speakers, Mayor Blankley closed Public Comment.
5. REPORTS OF COUNCIL MEMBERS
Council Member Bracco No report.
Council Member Armendariz announced that on Sunday, August 25, 2024, the San
Jose Earthquakes Foundation would be holding a youth soccer clinic at South Valley
Middle School.
Council Member Marques No report.
Council Member Hilton spoke regarding the VTA Policy Advisory Committee Better
Bus Stop Program to install amenities and site improvements at their 3200 bus
stops.
Council Member Cline gave a shout out to the Gilroy Rodeo and noted what a great
event it was.
6.1
p. 11 of 172
City Council Regular Meeting
Agenda August 19, 2024 | 6:00 PM Page 3 of 6
Council Member Tovar thanked the Gilroy Downtown Business Association for the
music events held over the last several months. He also acknowledged the Gilroy
Rodeo.
Mayor Blankley reported that she attended the Santa Clara County All Mayor’s
meeting where they discussed Proposition 1 that passed last spring, and retail theft
legislation. She also noted that she would be accepting the grant money for the new
crosswalk in front of the Gateway Apartments.
6. CONSENT CALENDAR
6.1. Approval of the Action Minutes of the July 29, 2024 and August 5,
2024 City Council Regular Meeting.
6.2. Time Extension for a Vesting Tentative Map to Subdivide 3.37 acres
for a 45 Unit Townhome Planned Development on Royal Way, APN
799-44-93, 94, 95, 96, 97, 98, 101, 109 & 110, Gilroy, CA 95020 (File
Number TM 21-04).
6.3. Acceptance of Cash and Investment Report as of June 30, 2024.
6.4. Approval of Notice of Acceptance of Completion for FY24 Annual
CDBG Sidewalk/Curb Ramp Project No. 24-PW-285 (Phase 1).
Mayor Blankley opened Public Comment.
There being no speakers, Mayor Blankley closed Public Comment.
MOTION: To Approve Agenda Item Nos. 6.1-6.4.
RESULTS: PASS: 7 -0
MOVER: Tom Cline, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: BRACCO, ARMENDARIZ, MARQUES, HILTON, CLINE,
TOVAR, BLANKLEY
NOES:
ABSENT:
ABSTAIN:
7. BIDS AND PROPOSALS
8. PUBLIC HEARINGS
9. UNFINISHED BUSINESS
9.1. Selection and Appointment of Youth Commission Members.
Mayor Blankley opened Public Comment.
There being no speakers, Mayor Blankley closed Public Comment.
The Council appointed the following youth:
6.1
p. 12 of 172
City Council Regular Meeting
Agenda August 19, 2024 | 6:00 PM Page 4 of 6
1-year term:
Alfred James
2-year terms:
Anna Nguyen
Karin Sandoval Rodriguez
Jacob Ortega
Sofia Romero
10. INTRODUCTION OF NEW BUSINESS
10.1. Award a Contract to Paired Power in the Amount of $172,903 for the
Purchase and Installation of Two PairTree Solar EV Chargers and
Adopt a Resolution Amending the Fiscal Year 2025 Budget.
Mayor Blankley opened Public Comment.
There being no speakers, Mayor Blankley closed Public Comment.
MOTION: To Adopt a resolution amending Fiscal Year 2024 budget; and
Award a contract to Paired Power for the purchase and installation of two
PairTree Solar EV Chargers and associated support products and authorize
the City Administrator to execute the agreement.
RESULTS: PASS: 7 -0
MOVER: Rebeca Armendariz, Council Member
SECONDER: Dion Bracco, Council Member
AYES: BRACCO, ARMENDARIZ, MARQUES, HILTON, CLINE,
TOVAR, BLANKLEY
NOES:
ABSENT:
ABSTAIN:
Enactment No.: Resolution No. 2024-40
10.2. Special Event Permit Process and Program Revision.
Mayor Blankley opened Public Comment.
Jeff Orth thanked the Council for their work on this plan, and noted the increased
costs associated with public events, especially downtown.
Danny Mitchell suggested Council put together a group of representatives who put
on special events so they can all discuss the issues.
Maria Aguilar inquired about the omission of the La Ofrenda Festival from the
report.
There being no further speakers, Mayor Blankley closed Public Comment.
6.1
p. 13 of 172
City Council Regular Meeting
Agenda August 19, 2024 | 6:00 PM Page 5 of 6
10.3. Food Truck Ordinance.
Mayor Blankley opened Public Comment.
Ron Kirkish noted that there are probably a number of Monterey Road businesses
that do not want the food trucks on Monterey Road.
There being no further speakers, Mayor Blankley closed Public Comment.
11. FUTURE COUNCIL INITIATED AGENDA ITEMS
12. CITY ADMINISTRATOR'S REPORTS
12.1. Monterey Gateway Crosswalk Update
City Administrator, Jimmy Forbis noted that the City recently received grant funding for
the Monterey Gateway crosswalk project and that construction would probably begin
the middle of 2025.
12.2. End of Summer Recreation Report
City Administrator, Jimmy Forbis noted that the summer aquatics program grew by 40
percent compared to last year, almost 2,000 kids were signed up for lessons. He also
report on the increase in the number of summer camp participants and the return of the
summer camps at Gilroy Gardens Family Theme Park.
13. CITY ATTORNEY'S REPORTS
14. CLOSED SESSION
14.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to GC Sec. 54956.8 and GCC Sec. 17A.8
Properties: 10th Street Bridge: APNs 808-19-007, 799-30-006,
799-30-007, 808-19-020, 808-50-999, Thomas Luchessa Bridge:
APNs 808-21-025, 808- 21-023, 808-21-021, 808-21-018, New Fire
Station: APNs 808-18-003, 808-19-029
Negotiators: Jimmy Forbis, City Administrator
Other Party to Negotiations: John M. Filice Jr,. Glen Loma Corporation
Under Negotiation: Price and terms of payment
Mayor Blankley opened Public Comment.
There being no speakers, Mayor Blankley closed Public Comment.
The Council adjourned to the Closed Session at 8:30 P.M.
The Council unanimously voted to stay in Closed Session.
15. ADJOURN TO OPEN SESSION
The City Attorney advised no reportable action.
6.1
p. 14 of 172
City Council Regular Meeting
Agenda August 19, 2024 | 6:00 PM Page 6 of 6
16. ADJOURNMENT
Meeting adjourned at 8:45 P.M.
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/Beth Minor
Interim City Clerk
6.1
p. 15 of 172
Page 1 of 5
City of Gilroy
STAFF REPORT
Agenda Item Title:Award a Three-year Contract to Alpine Landscapes in
a Total Amount of $1,163,958 with an Annual Not to
Exceed Amount of $387,986 for the Community
Facilities District Landscape Maintenance Services,
with up-to Two, One Year Extension Options, and
Adopt a Resolution Amending the Fiscal Year 2025
Budget by $28,927
Meeting Date:September 9, 2024
From:Jimmy Forbis, City Administrator
Department:Public Works
Submitted By:Heba El-Guindy, Public Works Director
Prepared By:Matt Jones, Deputy Public Works Director
STRATEGIC PLAN GOALS Maintain and Improve City Infrastructure
RECOMMENDATION
City Council:
a) Approve award of a three-year contract to Alpine Landscapes in a total amount of
$1,163,958 with an annual not to exceed amount of $387,986 for performing the
Community Facilities District (CFD) Landscape Maintenance Services.
b) Authorize the City Administrator to exercise at the end of the contract term the
two, one-year extension options at the City’s sole discretion.
c) Adopt a resolution amending the Fiscal Year 2025 budget by $28,927.
EXECUTIVE SUMMARY
The City’s Public Works Department has a positive experience contracting with Alpine
Landscapes to provide landscape maintenance services to the Community Facilities
District (CFD) sites. Following approval of a formal bid process and evaluation of several
vendors, the previous contract with Alpine Landscapes commenced on March 1, 2018 to
7.1
p. 16 of 172
Award a Contract to Alpine Landscapes, LLC for Community Facilities District Landscape
Maintenance Services
City of Gilroy City Council Page 2 of 5 September 9, 2024
February 28, 2021 and has since been extended twice until its expiration date of August
31, 2024.
In response to the City’s recent bid process for CFD landscaping maintenance services,
six proposals were received from landscaping contractors and the most qualified
contractor was selected by a review panel. A three-year contract with the selected
contractor, Alpine Landscapes, will be in the total amount of $1,163,958 including a 5%
contingency. City Council approval of this contract is requested.
BACKGROUND
The City of Gilroy has made use of contractual services for landscaping maintenance
for more than twenty years, adding additional facilities and services to the contract as
the City has grown and constructed additional parks, landscaped roadways, public
trails, and other facilities that have required landscaping maintenance services. These
routine services include plant care, tree care, weeds and pest control, litter pick up,
irrigation maintenance, and general maintenance such as seasonal leaf removal. The
previous CFD Landscape Maintenance Services contract has ended on August 31,
2024, and a new contract needs to be established.
It should be noted that new developments are required to include stormwater runoff
Best Management Practices (BMPs), which are mostly landscaped infiltration treatment
facilities and control measures. The most common BMPs in Gilroy are bio-swales and
bio-detention basins for managing stormwater runoff generated by developments. BMP
regulations require mechanical, and not pesticide control of weeds, rodents and other
vegetation. Manual trash and sediment removal are routine service requirements. Also
regular preparation maintenance reports are required. In order to effectively manage
these Stormwater Management (SWM) treatment areas, CFD sites have been created.
A CFD establishes a financing mechanism for developments that do not have
Homeowners’ Associations (HOAs) that would otherwise manage development-required
landscape elements. As such, the CFD contract cost is heavily impacted by the
rigorous manual maintenance required for these facilities.
The CFD landscape maintenance expenses are paid out of Fund 260 (City-Wide Fund).
Residential properties in the CFD areas are assessed, and the cost of maintaining sites
is assessed under the district financing procedures.
ANALYSIS
In planning for the new CFD Landscape Maintenance Services contract, a Request for
Proposals (RFP) was issued on July 20, 2024. The RFP was advertised in the San
Jose Mercury News and on the City’s website. By the submittal due date of August 7,
2024, the City received six proposals from qualified contractors. Of the six proposals,
7.1
p. 17 of 172
Award a Contract to Alpine Landscapes, LLC for Community Facilities District Landscape
Maintenance Services
City of Gilroy City Council Page 3 of 5 September 9, 2024
Alpine Landscapes was selected as the contractor to perform the CFD landscaping
maintenance work.
All six proposals were evaluated by a three-person review panel consisting of the City of
Gilroy Parks and Landscape Supervisor, Management Analyst of the City’s Community
Development Department, and Maintenance Manager of the City of Morgan Hill. All six
proposals were evaluated on the following six criteria: Cost of Services, Staff
Management Plan, Safety Practices and Workers Compensation Modification Rate
Statement, Proximity of Contract Resources to Contract Sites, Demonstrated Personnel
Expertise and Experience to Provide Range of Contract Services and Capabilities to
Address Contract Challenges, and on References input. In addition, those who meet
the current purchasing policy for local preference received five additional points.
Ratings of the six received proposals are documented in the table below.
Community Facilities District Landscape & Maintenance Services
No. 25-RFP-PW-503
Possible
Points
Alpine Bay Pro BrightView Gachina Jensen New
Image
Criteria Final Score
1. Cost of Services 20 15.14 12.25 20.00 15.76 16.43 14.74
2. Review of Staff
Management Plan
25 22.00 13.67 22.33 19.33 21.67 15.67
3. Review of Safety
Practices and Workers’
Comp Modification
Rate Statement
10 9.33 6.33 8.33 8.00 8.33 5.33
4. Proximity of Contract
Resources to Sites
15 15.00 11.33 11.33 11.33 15.00 9.67
5. Demonstrated
Personnel Expertise to
Provide Range of
Contract Services and
Capabilities to Address
Contract Challenges
20 17.33 11.67 17.33 15.67 16.33 12.67
6. References 10 8.33 5.33 9.67 7.00 8.67 8.00
Evaluation Points 100 87.14 60.58 89.00 77.09 86.43 66.07
City of Gilroy Purchasing
Policy for Local
Preference - 5% of
evaluation points
5.00 5.00
Total Points 100 92.14 60.58 89.00 77.09 91.43 66.07
The City Council's 5% local purchasing preference applies to qualifying businesses within city limits, excluding public
works construction and professional services. Eligible businesses must be local, current on business license, and
compliant with city laws. The preference affects competitive bids by applying a 5% discount or extra evaluation
points, but does not apply to contracts with other agencies, professional services, or emergencies.
7.1
p. 18 of 172
Award a Contract to Alpine Landscapes, LLC for Community Facilities District Landscape
Maintenance Services
City of Gilroy City Council Page 4 of 5 September 9, 2024
Based on the panel‘s evaluation of each of the six proposals, Alpine Landscapes is
recommended as the top-ranked landscape services contractor. Results of the review
among the proposers were close, which signals the competitive service quality and
pricing. The selection panel recognized that Alpine Landscapes provided an excellent
service plan, presented the best project team, and brought a history of direct contract
work experience provided to the City, including receiving local preference points as
required by City Policy.
References for Alpine Landscapes were contacted, the State Contractor Licensing
Board records were reviewed along with the company’s workers compensation safety
records.
Alpine Landscapes is familiar with the unique needs of the City of Gilroy and provided
CFD landscape maintenance services for a number of years. The total fees under this
new proposed three-year contract is $1,163,958 including a 5% contingency.
ALTERNATIVES
City Council could choose not to award the contract to Alpine Landscapes. Not using
Alpine Landscapes would require significant increase in staffing needs and would divert
resources from other core services.
FISCAL IMPACT/FUNDING SOURCE
Funding for the CFD Landscape Maintenance Services would be drawn from Fund 260
(Community Facilities District). To fully fund the services in Fiscal Year 2025 including
the 5% contingency, an additional $28,927 needs to be appropriated, thus staff also
recommends City Council approval of the attached Resolution for budget amendment.
The fund has adequate fund balance to accommodate the additional $28,927 needed for
the services.
It should be noted that the proposed annual fee of $369,510 is for the first three years of
the contract and may vary if the contract is extended for one or two additional years.
Date Amount
September 9, 2024 - September 8, 2025 $387,986.00
September 9, 2025 - September 8, 2026 $387,986.00
September 9, 2026 - September 8, 2027 $387,986.00
Total 3-Year Contract Amount $1,163,958.00
PUBLIC OUTREACH
7.1
p. 19 of 172
Award a Contract to Alpine Landscapes, LLC for Community Facilities District Landscape
Maintenance Services
City of Gilroy City Council Page 5 of 5 September 9, 2024
This item is included on the publicly posted agenda for the September 9, 2024, City
Council meeting. The public will have a public hearing opportunity during the City
Council meeting.
NEXT STEPS
Subject to City Council approval, the City Administrator will execute the contract with
Alpine Landscapes, along with associated documents. The CFD landscape
maintenance services will commence upon execution of the contract.
Attachments:
1. Contract with Alpine Landscapes for the CFD Landscape Maintenance Services.
2. Resolution for Fiscal Year 2025 budget amendment in the amount of $28,927.
7.1
p. 20 of 172
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GILROY AMENDING THE BUDGET FOR
THE CITY OF GILROY FOR 2024-2025 AND
APPROPRIATING FUNDS IN THE COMMUNITY
FACILITIES DISTRICT FUND
WHEREAS, the City Administrator prepared and submitted to the City Council a budget
for the City of Gilroy for Fiscal Years 2023-2024 and 2024-2025, and the City Council
carefully examined, considered and adopted the same on June 5, 2023; and
WHEREAS, City Staff has prepared and submitted to the City Council proposed
amendments to the budget for Fiscal Year 2024-2025 for the City of Gilroy in the staff report dated
September 9, 2024, Landscape Maintenance Services for the Community Facilities District.
NOW, THEREFORE, BE IT RESOLVED THAT the expenditure appropriation for Fiscal
Year 2024-2025 in Fund 260 – Community Facilities District Fund shall be increased by $28,927.
PASSED AND ADOPTED this 9th day of September 2024 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Beth Minor, Interim City Clerk
7.1
p. 21 of 172
4835-2267-0361v1 LAC\04706083 -1-
AGREEMENT FOR COMMUNITY FACILITY DISTRICT (CFD)
LANDSCAPE MAINTENANCE SERVICES
This AGREEMENT made this 9th day of September, 2024, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONTRACTOR: Alpine Landscapes having a principal place of business at
8787 Monterey Road Gilroy, CA 95020.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on September 9, 2024, and will continue in effect through
September 8, 2027, with an option to extend one year at a time for a period of up to two
additional years at the City’s sole option to be exercised by written notice to be given by City not
less than thirty (30) days nor more than sixty (60) days prior to September 8, 2027, 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 CONTRACTOR is an independent contractor and not
an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONTRACTOR or any employee or agent of CONTRACTOR. Both parties
acknowledge that CONTRACTOR is not an employee for state or federal tax purposes.
CONTRACTOR 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. CONTRACTOR shall retain the right to perform services for others during the term of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR
A. Specific Services
CONTRACTOR agrees to: Perform the services as outlined in Exhibit “A” (“Specific
Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit
“C” (“Milestone Schedule”).
7.1
p. 22 of 172
4835-2267-0361v1 LAC\04706083 -2-
B. Method of Performing Services
CONTRACTOR shall determine the method, details and means of performing the above-
described services. CITY shall have no right to, and shall not, control the manner or determine the
method of accomplishing CONTRACTOR’S services.
C. Employment of Assistants
CONTRACTOR may, at the CONTRACTOR’S own expense, employ such assistants as
CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this
Agreement, subject to the prohibition against assignment and subcontracting contained in Article
5 below. CITY may not control, direct, or supervise CONTRACTOR’S assistants in the
performance of those services. CONTRACTOR assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
D. Place of Work
CONTRACTOR shall perform the services required by this Agreement at any place or location
and at such times as CONTRACTOR shall determine is necessary to properly and timely perform
CONTRACTOR’S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay
CONTRACTOR the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event
however shall the total annual compensation paid to CONTRACTOR exceed $369,510 in addition
to a 5% contingency of $18,476.
B. Invoices
CONTRACTOR shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment
will be made unless CONTRACTOR has first provided City with a written receipt of invoice
describing the work performed and any approved direct expenses (as provided for in Exhibit
“A”, Section IV) incurred during the preceding period. If CITY objects to all or any portion of
any invoice, CITY shall notify CONTRACTOR of the objection within thirty (30) days from
receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in
dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any
invoiced amounts to which it has objected until the objection has been resolved by mutual
agreement of the parties.
7.1
p. 23 of 172
4835-2267-0361v1 LAC\04706083 -3-
D. Expenses
CONTRACTOR shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONTRACTOR, all fees, fines, licenses, bonds or taxes required of or imposed against
CONTRACTOR and all other of CONTRACTOR’S costs of doing business. CITY shall not be
responsible for any expenses incurred by CONTRACTOR in performing services for CITY, except
for those expenses constituting “direct expenses” referenced on Exhibit “A.”
ARTICLE 5. OBLIGATIONS OF CONTRACTOR
A. Tools and Instrumentalities
CONTRACTOR shall supply all tools and instrumentalities required to perform the services under
this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase or rent
any tools, equipment or services from CITY.
B. Workers’ Compensation
CONTRACTOR agrees to provide workers’ compensation insurance for CONTRACTOR’S
employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and
indemnify CITY, its officers, representatives, agents and employees from and against any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses,
including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or
death of any of CONTRACTOR’S employees.
C. Indemnification of Liability, Duty to Defend
As to all liability, to the fullest extent permitted by law, CONTRACTOR shall defend, through
counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and
hold harmless CITY, its officers, representatives, agents and employees against any and all suits,
damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including
without limitation attorneys’ fees, arising or resulting directly or indirectly from any act or
omission of CONTRACTOR or CONTRACTOR’S assistants, employees or agents, including all
claims relating to the injury or death of any person or damage to any property.
D. Insurance
In addition to any other obligations under this Agreement, CONTRACTOR shall, at no cost to
CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability
Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles,
with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due
to bodily injury, sickness or disease, or death to any person, and damage to property, including the
loss of use thereof. As a condition precedent to CITY’S obligations under this Agreement,
CONTRACTOR shall furnish written evidence of such coverage (naming CITY, its officers and
employees as additional insureds on the Comprehensive Liability insurance policy referred to in
(a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of
policy lapse or cancellation, or of a material change in policy terms.
7.1
p. 24 of 172
4835-2267-0361v1 LAC\04706083 -4-
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or
obligations of CONTRACTOR under this Agreement may be assigned or subcontracted by
CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its sole
and absolute discretion.
F. State and Federal Taxes
As CONTRACTOR is not CITY’S employee, CONTRACTOR shall be responsible for paying all
required state and federal taxes. Without limiting the foregoing, CONTRACTOR acknowledges
and agrees that:
CITY will not withhold FICA (Social Security) from CONTRACTOR’S
payments;
CITY will not make state or federal unemployment insurance contributions on
CONTRACTOR’S behalf;
CITY will not withhold state or federal income tax from payment to
CONTRACTOR;
CITY will not make disability insurance contributions on behalf of
CONTRACTOR;
CITY will not obtain workers’ compensation insurance on behalf of
CONTRACTOR.
G. Prevailing Wage
CONTRACTOR agrees and acknowledges that it is its obligation to determine whether,
and to what extent, any work performed is or any workers employed relative to any
construction to be performed under this Agreement are subject to any Codes, Ordinances,
Resolutions, Rules and other Regulations and established policies of CITY and the laws of
the State of California and the United States, including, without limitation, the California
Labor Code and Public Contract Code relating to public contracting and prevailing wage
requirements (“Prevailing Wage Laws”). To the extent Prevailing Wage Laws apply to
work performed or workers employed for the purpose of performing work under this
Agreement, CONTRACTOR shall fully comply with and ensure that all workers and/or
subcontractors are informed of and comply with all Prevailing Wage Laws and specifically
any applicable requirement of California Labor Code Sections 1720 et seq. and 1770 et
seq. and the regulations thereunder, which require the payment of prevailing wage rates
based on labor classification, as determined by the State of California, and the performance
of other requirements on certain “public works” or “maintenance” projects. It is the duty
of CONTRACTOR to post a copy of applicable prevailing wages at the job site. Prevailing
wage information may be obtained at www.dir.ca.gov.
7.1
p. 25 of 172
4835-2267-0361v1 LAC\04706083 -5-
ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONTRACTOR and provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the performance of CONTRACTOR’S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONTRACTOR. Such assignment shall not release
CONTRACTOR from any of CONTRACTOR’S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of CONTRACTOR’s Business/ Death of CONTRACTOR
CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR’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
CONTRACTOR set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after
CITY’ receipt of such notice of sale.
If CONTRACTOR is an individual, this Agreement shall be deemed automatically terminated
upon death of CONTRACTOR.
B. Termination by City for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this Agreement or materially breach any of
its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written
notification to CONTRACTOR. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
1. CONTRACTOR’S failure to professionally and/or timely perform any of the
services contemplated by this Agreement.
2. CONTRACTOR’S breach of any of its representations, warranties or covenants
contained in this Agreement.
CONTRACTOR shall be entitled to payment only for work completed in accordance with the
terms of this Agreement through the date of the termination notice, as reasonably determined by
CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for
the tasks described on Exhibit C” which have been fully, competently and timely rendered by
CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to
CONTRACTOR’S default in the performance of this Agreement or material breach by
CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY
7.1
p. 26 of 172
4835-2267-0361v1 LAC\04706083 -6-
may have, CONTRACTOR shall reimburse CITY, within ten (10) days after demand, for any and
all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of
work as described in this Agreement, to the extent such costs and expenses exceed the amounts
CITY would have been obligated to pay CONTRACTOR for the performance of that task pursuant
to this Agreement.
C. Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONTRACTOR all or any part of the compensation set forth in Article
4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default
under this Agreement, CONTRACTOR, at the CONTRACTOR’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 CONTRACTOR to CITY.
D. Transition after Termination
Upon termination, CONTRACTOR shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONTRACTOR shall
cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in
connection with this Agreement. CONTRACTOR shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to facilitate
any the assumption of CONTRACTOR’s duties by any new CONTRACTOR hired by the CITY
to complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONTRACTOR 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. CONTRACTOR shall also require such compliance of all
subcontractors performing work under this Agreement, subject to the prohibition against
assignment and subcontracting contained in Article 5 above. The CONTRACTOR shall defend
with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers,
employees, agents and representatives from and against all suits, claims, demands, damages, costs,
causes of action, losses, liabilities, expenses and fees, including without limitation reasonable
attorneys’ fees, that may arise out of any violations of the Act by the CONTRACTOR, its
subcontractors, or the officers, employees, agents or representatives of either.
7.1
p. 27 of 172
4835-2267-0361v1 LAC\04706083 -7-
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 CONTRACTOR shall keep itself informed of all State and National laws and all municipal
ordinances and regulations of the CITY which in any manner affect those engaged or employed in
the work, or the materials used in the work, or which in any way affect the conduct of the work,
and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over
the same. Without limiting the foregoing, CONTRACTOR agrees to observe the provisions of the
Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a
contract or subcontract to the CITY OF GILROY for public works or for goods or services to
refrain from discriminatory employment or subcontracting practices on the basis of the race, color,
sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any
potential subcontractor.
F. Conflict of Interest
CONTRACTOR certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONTRACTOR and that no person associated with CONTRACTOR has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performance of this
Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONTRACTOR for CITY and contains
all the covenants and agreements between the parties with respect to the rendering of such services
in any manner whatsoever. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no other agreement,
statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in any
documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
7.1
p. 28 of 172
4835-2267-0361v1 LAC\04706083 -8-
H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested.
Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”,
Section V.H. but each party may change the address by written notice in accordance with this
paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed
notices will be deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of performance
under this Agreement shall not be construed as waiver(s) of any other condition of performance
under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONTRACTOR: CITY:
Alpine Landscapes CITY OF GILROY
By:
By:
Name: Name: Jimmy Forbis
Title: Title: City Administrator
Social Security or Taxpayer
Identification Number
7.1
p. 29 of 172
4835-2267-0361v1 LAC\04706083 -9-
Approved as to Form ATTEST:
City Attorney Interim City Clerk
7.1
p. 30 of 172
4835-2267-0361v1 LAC\04706083 -1-
EXHIBIT “A”
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONTRACTOR 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, CONTRACTOR agrees to assign Ryan Dinsmore, who will act in the
capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONTRACTOR shall furnish all
technical and professional services including labor, material, equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the Services
in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONTRACTOR shall commence the Services upon delivery to CONTRACTOR of a written
“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, John Sousa
shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been
delivered upon actual receipt by CONTRACTOR or if otherwise delivered as provided in the
Section V.H. (“Notices”) of this Exhibit “A”.
B. COMPLETION OF SERVICES
When CITY determines that CONTRACTOR has completed all of the Services in accordance with
the terms of this Agreement, CITY shall give CONTRACTOR written Notice of Final Acceptance,
and CONTRACTOR shall not incur any further costs hereunder. CONTRACTOR may request
this determination of completion when, in its opinion, it has completed all of the Services as
required by the terms of this Agreement and, if so requested, CITY shall make this determination
within two (2) weeks of such request, or if CITY determines that CONTRACTOR has not
completed all of such Services as required by this Agreement, CITY shall so inform
CONTRACTOR within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached
Exhibit “C”.
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONTRACTOR as provided for in Article 4 of this Agreement.
7.1
p. 31 of 172
4835-2267-0361v1 LAC\04706083 -2-
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.
CONTRACTOR shall obtain written approval from CITY prior to incurring or billing of direct
expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONTRACTOR represents and warrants that it has the qualifications, skills and licenses necessary
to perform the Services, and its duties and obligations, expressed and implied, contained herein,
and CITY expressly relies upon CONTRACTOR’S representations and warranties regarding its
skills, qualifications and licenses. CONTRACTOR shall perform such Services and duties in
conformance to and consistent with the standards generally recognized as being employed by
professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well-organized, technically and grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
B. RESPONSIBILITY OF CONTRACTOR
CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the
coordination of the Services furnished by it under this Agreement. CONTRACTOR shall not be
responsible for the accuracy of any project or technical information provided by the CITY. The
CITY’S review, acceptance or payment for any of the Services shall not be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in
accordance with applicable law for all damages to CITY caused by CONTRACTOR’S negligent
performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
CITY, through its authorized employees, representatives or agents, shall have the right, at any and
all reasonable times, to audit the books and records (including, but not limited to, invoices,
vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any
and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONTRACTOR), or for any longer period required by law, sufficient books and records in
accordance with standard California accounting practices to establish the correctness of all charges
submitted to CITY by CONTRACTOR, all of which shall be made available to CITY at the
CITY’s offices within five (5) business days after CITY’s request.
7.1
p. 32 of 172
4835-2267-0361v1 LAC\04706083 -3-
D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
other information developed or received by or for CONTRACTOR and all other written and oral
information developed or received by or for CONTRACTOR and all other written and oral
information submitted to CONTRACTOR in connection with the performance of this Agreement
shall be held confidential by CONTRACTOR and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an
entity not connected with the performance of the such Services. Nothing furnished to
CONTRACTOR which is otherwise known to CONTRACTOR or is or becomes generally known
to the related industry (other than that which becomes generally known as the result of
CONTRACTOR’S disclosure thereof) shall be deemed confidential. CONTRACTOR shall not
use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this
Agreement in any magazine, trade paper, newspaper or other medium without the express written
consent of CITY.
E. NO PLEDGING OF CITY’S CREDIT.
Under no circumstances shall CONTRACTOR have the authority or power to pledge the credit of
CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps,
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONTRACTOR may retain
and use copies thereof subject to Section V.D of this 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,
CONTRACTOR shall not be responsible for, and City shall indemnify CONTRACTOR from,
damages resulting from the use of said material for work other than PROJECT, including, but not
limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
7.1
p. 33 of 172
4835-2267-0361v1 LAC\04706083 -4-
H. NOTICES.
Notices are to be sent as follows:
CITY: John Sousa
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONTRACTOR: Ryan Dinsmore
Alpine Landscapes
8787 Monterey Road
Gilroy, CA 95020
I. FEDERAL FUNDING REQUIREMENTS.
If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONTRACTOR shall comply with the requirements of Title 49, Part 26, Code of Federal
Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost
for individual items.
3. Covenant against Contingent Fees
The CONTRACTOR warrants that he/she has not employed or retained any company or person,
other than a bona fide employee working for the CONTRACTOR, to solicit or secure this
Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona
fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration,
contingent upon or resulting from the award or formation of this Agreement. For breach or
violation of this warranty, the Local Agency shall have the right to annul this Agreement without
liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
7.1
p. 34 of 172
-5-
EXHIBIT “B”
SCOPE OF SERVICES
LANDSCAPE MAINTENANCE AREAS
Landscape maintenance areas shall consist of City parks, landscaped City facilities, slope areas, medians,
streetscapes, trails, and drainage channels identified in the Contract Landscape Location Information
Sheets. These areas shall include all turf, trees, shrubs, ground covers, planters, slopes, vines, sidewalks,
paths, courts, courtyards, decks, park equipment, BBQs and group BBQ facilities, parking lots, roadways,
medians, open space areas, gutters, v-ditches, bicycle trails, street barriers, fence lines and irrigation
systems.
NORMAL HOURS AND DAYS OF MAINTENANCE SERVICES
• Contractor shall perform the required maintenance service Monday-Friday between the hours of
6:00 AM and 6:00 PM. Maintenance functions that generate excess noise causing annoyance to
residents of the area are not permitted.
• The Contractor shall conduct the work at all times in a manner which will not interfere with normal
recreation programs, special events, pedestrian traffic on adjacent sidewalks, or vehicular traffic
on adjacent streets.
• Any modification in the hours and days of maintenance as stated in the Contractor’s service
schedules/calendars are subject to approval by the City.
PERSONNEL
• Positive public relations are an important part of this contract service. Services provided under
the City-Wide landscape services contract are a critical part of providing and maintaining public
use facilities. Contract staff servers a vital role in delivering these public services. Contract staff
must maintain both professional image and behavior whenever in contact with citizens. Contract
staff shall be trained on how to conduct themselves during public contact and simultaneously
provide the appropriate customer service. Contract staff must always maintain a neat and clean
appearance and must be easily identified with apparel bearing a company insignia such as a safety
vest.
• A background review and security clearance for all on-site contract employees is required.
Contractor shall provide all needed information to the City’s representative and make employees
available for fingerprinting at a site to be determined. Contractor shall provide any background
information needed for the Department of Justice (DOJ) and the Department of Motor Vehicles
(DMV) driver’s record review. Furthermore, a one-time drug testing or evidence of a drug
screening may be required for background review. All costs for background checks are the
responsibility of the Contractor.
• The contractor shall provide personnel that is fully trained in all phases of landscape irrigation
systems operation, maintenance, adjustments, and repair. Contract staff shall have knowledge of
repairing all types of components to include irrigation controllers, valves, moisture-sensing
devices, sprinkler heads, and with all brands and models of irrigation equipment used within the
City.
• The Contractor shall provide personnel knowledgeable of, and proficient in, current water
management concepts, with the capability of working with City staff in implementing more
advanced water management strategies.
• The Contractor shall provide personnel capable of verbal and written communication in
professional level English. The Site Supervisor and Irrigation Tech shall have a cell phone with
email access.
7.1
p. 35 of 172
-6-
• The City expects the Contractor’s staff to give City representative(s) all items lost or misplaced by
the general public, regardless of perceived value, found on contract sites. The Contractor shall
communicate this expectation to all employees.
• Contract employees shall carry an ID badge with their photo that is visible on their uniform or
safety vests.
• The City will provide mandatory BMP (Best Management Practices) training for all contract
landscape maintenance staff regarding Storm Water Management and operational best practices.
City will provide Spanish/English translator.
• Contractor’s representative(s) shall attend the City’s annual traffic safety class. This should
include those in those in charge of setting up traffic control for Contractor.
SERVICE CHANGES
The City reserves the right to make additions, deletions, revisions and/or otherwise modify the General
and Specific Landscape Maintenance Specifications or change the frequency of the services during the
contract period. A Request for Quote will be issued for additional service work or one-time contract work.
A change order will be issued with a two-week notice. Any change in specification that causes the
contractor to suffer additional expenses shall be adjusted based on the Fee Schedule or negotiated upon
written justification.
VANDALISM AND REPAIR OF DAMAGE
Contractor shall report to the City Representative(s) any damage to City property, including, but not
limited to, vandalism, natural disaster, and third-party negligence. If the Contractor, its employees or
subcontractors cause damage to any City facility, then the Contractor shall repair such damage at its own
cost within a reasonable time or the City may repair such damage and the cost thereof shall be deducted
from monies due to the Contractor from the City.
PROTECTION OF EXISTING SITES AND STRUCTURES
The Contractor shall protect from damage all existing sites, structures, and utilities both above surface
and underground on the City’s property. Any damage to City property deemed to be caused by the
Contractor’s negligence or failure to use due care shall be corrected or paid for by the Contractor at no
cost to the City.
If the City requests or directs the Contractor to perform work in a given area, Contractor shall verify and
locate any underground utilities. This does not release the Contractor’s duty to take reasonable
precautions when working in these areas. Any damage or problems shall be reported immediately to the
City.
SERVICE FREQUENCY AND SCHEDULES
Inspect and service every site based on the sample with once per week as a base standard. Varying
frequencies may be approved as necessary to ensure specifications and standards are met.
The Contractor shall, within ten (10) working days before the effective date of the Contract, submit a work
schedule to the City’s representative(s) for review and approval. Work schedule shall be based on a 12-
month calendar identifying and delineating the time frames for the required work by the day of the week.
The Contractor shall submit revised schedules/calendars when actual performance differs substantially
from planned performance. Revisions shall be submitted to the City’s representative(s) for review and, if
appropriate, approval would be granted within five (5) working days prior to scheduled time for the work.
7.1
p. 36 of 172
-7-
At the discretion of City staff, weekly inspection meetings will be held (or more frequently if deemed
necessary by the City) between the Contractor and the City representative(s). Meetings are to be
scheduled to determine progress, review weekly site inspections, and address any changes in schedules,
problem areas, etc.
Contractor shall notify the City, in writing via email, at least two (2) weeks prior to the date and time of all
pre-approved “Specialty Functions”. “Specialty Functions” are defined as:
• Fertilization
• Tree Trimming/Management
• Aeration of Turf
Performance During Inclement Weather
During the periods that rainfall hinders normal operations, the Contractor shall adjust its workforce to
accomplish those activities that are not affected by weather. The prime factors in assigning work shall be
the safety of the workforce and damage to landscaping. Leaf and down branch pickup and drain cleaning
are a high priority. Contractor shall continue landscape tasks that can be safely performed in the rain such
as sidewalk pruning, low limb removal, or items that the Contractor’s inspector discovers.
EXTRA WORK/EXCLUDED WORK
The following tasks shall be treated as extra work items:
• Soil Testing
• Major Tree Trimming. Major tree trimming is defined as work that requires an aerial lift, tree
climbing or work that is unable to be completed from the ground with a pole saw, or a pole
chainsaw.
• Filling of holes in turf or shrub beds.
• Major irrigation repairs such as controllers, mainline repairs, valve replacement, and irrigation
wire repairs, pumps, and backflow devices (see Irrigation)
• Turf over seeding and top dressing will be handled by City staff.
• Doggie Bag Dispenser maintenance and replenishment of bags.
• Electrical system maintenance and repairs.
GARBAGE, LITTER AND DEBRIS REMOVAL
• Garbage, litter, and debris shall be removed as needed to prevent citizen complaints and prepare
turf areas for mowing and general facility use. Trash containers shall be serviced and emptied
when 1/3 full or when there is a detectable odor.
• Litter and plant debris will be removed from landscaped, hardscape, and adjacent open space
areas on a regular basis to achieve neat, clean, and attractive facilities. Landscape debris will not
be blown into streets and left unless collection of such debris has been previously approved and
coordinated with City staff.
• Heavy litter and garbage days will require that multiple service vehicles and staff be provided.
Aggressive mobile staffing levels for cleanup will be needed on Sundays, Mondays, and the day
after holidays are observed to ensure prompt removal of litter and garbage at contract sites.
• Shopping carts and garage sale signs in and on the perimeter of contract sites shall be considered
a part of the garbage and litter removal service. Functioning shopping carts are to be placed in
the corner of the employee parking lot. Non-functional shopping carts are to be loaded into the
metal bin at the Corporation Yard.
7.1
p. 37 of 172
-8-
• Disposal of garbage, litter, and debris shall be made at the City Corporation Yard disposal areas
and any available on-site trash dumpsters. Alternate yard waste disposal sites other than the
City’s Corporation Yard may become available and will be reported to the Contractor by the City
representative. Contractor shall also have dumping capabilities so that waste can be kept inside
the bunker at the City’s Corporation Yard.
LANDSCAPE MAINTENANCE (FACILITIES, PARKS, TRAILS, SLOPE AREAS, PARKING LOTS)
A. GENERAL (Items below to be completed per Service Schedule)
• All animal feces or other materials detrimental to human health shall be removed per the
Service Schedule.
• All broken glass and sharp objects shall be removed per the Service Schedule.
• All areas shall be inspected per the Service Schedule and maintained in a neat, clean, and
safe condition at all times.
• All areas shall have leave and debris removed per the Service Schedule.
• All areas shall be inspected for vandalism, safety hazards, and serviceability per the
Service Schedule. Deficiencies shall be reported immediately to the City Representative(s)
via email.
• All sidewalks within the City areas shall be swept or cleaned, if necessary, to remove any
glass or heavy debris.
• All sidewalk areas abutting maintained areas shall be cleaned when soiled by Contractor’s
operations, and at other times, as required.
• All leaves, paper, and debris shall be removed from landscaped areas and disposed of
offsite.
• Trashcans provided by the City shall be emptied per the Service Schedule. Contractor
shall provide plastic liners for all trashcans at Contractor’s expense per the Service
Schedule.
• All “V” drains shall be kept free of vegetation, debris, and algae to allow unrestricted
water flow.
• All other drainage facilities shall be cleaned of vegetation and debris. All grates shall be
tested for security and refastened as necessary. Missing or damaged grates shall be
reported to the City.
B. HARD SURFACE AREAS
• All areas shall be swept weekly to remove all deposits of silt and/or sand. Any unsafe
condition shall be removed upon discovery per the Service Schedule.
• All areas shall be inspected per the Service Schedule and maintained in a neat, clean, and
safe condition at all times.
PLANT CARE
The latest edition of the Sunset Western Garden Book shall be the general guideline and reference tool
for care and maintenance of all plant material.
A. SHRUBS AND GROUND COVERS
• Pruning will be done in a manner to enhance the natural form of the plant and maintain
the design intent for the landscape. However, there are, or can be landscaped areas with
security concerns that will require alternate pruning for safety visibility. The City
representative will notify Contractor of special pruning sites.
• Typically, shrubs which are planted along walls and fences should be maintained in a
manner which will allow the plant material to soften the hard, structural feature.
7.1
p. 38 of 172
-9-
• Where the design intent is to have sweeps of shrubs, the plants shall be allowed to grow
together.
• In some areas, it may be more appropriate to remove some shrubs entirely and allow
adjacent plant material to fill in rather than try to keep the plants in bounds with repeated
pruning.
• Keep shrubs and ground over 6”-12” from buildings, walls, trees, and shrubs. Shrubs and
ground cover shall not be allowed to encroach upon walks or curbs.
• City will provide a species-specific and site-specific pruning guideline appendix for
selected plants to the Contractor who is awarded the contract.
• Examples of the City’s expectation of plant care are as follows:
i. Vines and overhead vegetation (up to 18’) on or over hanging walls/boundary
fences shall be trimmed from growing on private property, i.e. back side of wall.
This does not apply to existing vines that have already overgrown. If adjacent
property owner request ivy or vegetation trimmed from the top of the wall, the
Contractor shall be required to remove it.
ii. Hedge plants shall be allowed to grow together.
iii. Rosemary and like ground covers to be cut back to 8-12” in height, except where
rosemary is already overgrown.
iv. Ornamental grass is to be pruned back during the winter months.
v. Ground cover roses are encouraged to grow together and are to be kept under
24” in height.
vi. Ground cover roses are to be encouraged to grow together and are to be kept
under 18”-24” in height.
vii. Spring flowering perennials are to be cut back after flowering. Examples are
lavender and daylilies.
viii. A three-foot radius of free space shall be maintained around all fire hydrants. Low
ground (under 6”) cover is acceptable.
ix. Allow plants to grow to their natural shape
x. All shrubs and ground cover are to be trimmed not to interfere with irrigation
operation or to encroach on to private property or Right-of-Way. Line of sight
traffic safety issues as identified by the City’s Engineering Department will also
determine proper height and appearance.
xi. All dead, diseased, and unsightly branches, vines or other growth shall be
removed as they develop.
xii. All shrubs are to be trimmed symmetrically in natural form and proportion, but
not to interfere with vehicular and pedestrian clearance, visibility, and access,
unless otherwise directed by a City’s representative. Prune shrubs to encourage
healthy growth habits, natural form and proportion, symmetrical appearance,
and proper vertical and horizontal clearance. Line of sight traffic safety issues as
identified by City Contract Inspector will also determine proper height and
appearance.
B. TRIMMING AND CARE OF TREES
• Qualified professional personnel shall perform all pruning. Only recognized an approved
methods, techniques, and standards shall be used. Trees pruned improperly or damaged
will be replaced by Contractor with plants of the same appropriate size as determined by
the City inspector.
• All tree pruning shall conform to the Best Management Practices for Trees published by
the International Society of Arboriculture and adhere to the most recent edition of the
American National Standards for Maintenance Tree Care Operations (ANSI A330)
7.1
p. 39 of 172
-10-
• Contractor shall raise trees as needed or directed by City staff and/or designated
representative.
• Pruning of trees shall be done for the following conditions:
i. To maintain clearance for pedestrians (8’), roadways for vehicles (15’), or from
facilities (5’).
ii. Property line/boundary pruning for both balance and good neighbor pruning for
sound walls, parks, and pump station areas.
iii. To provide visibility site lines of pedestrians and motorists.
iv. To maintain walkways and maintenance bands free from obstruction and/or
safety issues.
v. To improve or enhance tree growth.
vi. To eliminate or reduce potentially unsafe conditions.
vii. To correct shape, particularly for wind disfigurements.
• Remove no more than 20% of live foliage within the trees during one pruning operation.
• All cuts shall be thinning cuts as opposed to heading cuts. This means leaving a lateral
branch no less than 1/3 of the diameter of the parent branch, or completely removing the
branch at its point of origin.
• All cuts shall be distal to the branch bark ridge, or if present, the branch collar. The cuts
shall be close to but shall not injure the branch collar.
• Interior branches shall not be stripped out. Lion tailing is not permitted.
• Contractor shall prune young trees under 18’ in height to develop permanent scaffold
branches, remove crossing branches, remove diseased or damaged growth, or eliminate
narrow branch crotches.
• Major tree trimming is not included. Major tree trimming is defined as work that requires
an aerial lift, tree climbing or work that can’t be performed from the ground with a pole
saw or pole chainsaw.
• Trees shall be inspected regularly for hazardous conditions. Corrective action shall be
promptly performed by the Contractor and the City shall be notified.
• Contractor to coordinate with City staff on large pruning projects so that the City can chip
branches. A notification of ten (10) working days is required in non-emergency conditions.
• Periodic re-staking and tying shall be completed as needed. Plant ties shall be checked
frequently and adjusted to prevent girdling. Trees shall not rub against stakes at any time.
When trees no longer require the support of stakes, contact the City for authorization to
remove stakes and ties.
• Young trees which are leaning due to underdeveloped truck caliper will be staked at the
direction of the City.
• Fallen trees or branches shall be promptly removed. Promptly notify the City for any large
trees that are down.
C. Planting
• Base planting to be used on existing plant type on landscape sites
• Material and labor to be included.
• The City may request quotes on specific types and quantities of plants.
7.1
p. 40 of 172
-11-
LANDSCAPED ROADWAYS, ROUNDABOUTS, AND MEDIANS
• The Scope of Work for medians not only includes the landscaped areas but also those areas of the
median that are attached or directly adjacent to cobble/concrete hardscape per its design. Noses
and turn lanes are examples of this condition.
• Non-landscaped medians that are not included in Attachment B are to kept weed-free and litter
shall be picked up weekly.
• Plant material shall not be allowed to obstruct any site line of vehicular traffic and shall be kept
below 36” in height from the road surface in any areas where traffic site liens may be impacted.
City Traffic Engineer and Landscape Inspector may provide direction as requested for proper
maintenance.
• Irrigation shall be adjusted and inspected as often as needed to ensure no unsafe condition is
created by irrigation run-off onto road surface or over spray onto vehicles.
• All maintenance personnel shall wear Class 3 Safety Vests while working on medians. At no time
shall major work be performed in the roadway without City-approved Traffic Control Plan and all
required traffic control signage in place.
• Contractor is responsible for ensuring that all median maintenance is performed in a safe manner
and that no hazard is created by such operation.
• When closing a lane for landscape maintenance work, an electric sign board (arrow) shall be used
in high speed and/or high traffic areas i.e. Santa Teresa. Work shall only be performed on the
closed lane side.
• Cones are to be bright orange in color. Old and faded cones are not acceptable and should be
replaced immediately.
• Notify City staff via email when high speed or high traffic areas are to be serviced.
• If the work to be performed in medians and roundabouts will take less time to complete than the
time it takes to set up traffic control, then no traffic control is necessary. Examples of this would
be weed spraying, litter control or irrigation maintenance.
TURF CARE
A. TURF MOWING
i. The Contractor shall not mow or use any equipment of turf areas when frost is present or
if the turf is saturated, or standing water is present. Mowing should not begin until turf
area is free of litter and trash.
ii. Mowing shall be accomplished with rotary mulching mowers. Blades shall be kept sharp
to produce a clean cut. Mowers shall be kept clean and free of fuel, oil, hydraulic fluid,
and grease leaks.
iii. Mowing equipment shall be washed between sites to minimize the spread of weed seeds.
iv. Mowing patterns shall be alternated to avoid creating ruts and compaction.
v. Use caution when mowing berms or uneven aeras to avoid scalping turf. Rodent dirt
mounds need to be knocked down, spread, or removed so as to reduce turf loss until
rodent activity is abated
vi. Mowing shall typically be performed as needed from December through March and at
least weekly from April through November. This is only a guide and will vary based on
weather. Mowing shall be frequent enough so that no more than 1/3 of the leaf is
removed at each mowing. During active growing season, mowing may need to be done
twice weekly on play fields. Mowing height shall be 3 ½ unless otherwise directed by City
staff. Sports Field mowing heights may change during seasonal play.
vii. All clippings shall be efficiently mulched to leave no visible trace or picked and removed
7.1
p. 41 of 172
-12-
only when necessary. Clippings are to be removed and brought to a designated dumping
site. At no time shall unsightly clippings be left before vacating site following mowing
operation.
viii. Contractor shall have a spare mower of comparable size available within 24 hours of a
mower breaking down.
ix. Keep grass clippings away from waterways and out of the street.
B. TURF AERATION
i. All turf (not including the no-mow turf) shall be core aerated in September/October and
again in April.
a. Cores should be reincorporated into the turf.
b. Core size should be ½” in diameter
c. Alternate methods of relieving compaction may be authorized by the City.
ii. Prior to any cultivation activity, all irrigation heads, valves, and utility boxes shall be
flagged. The soil shall be allowed to dry prior to cultivation.
C. EDGING
i. When turf abuts concrete walkways or concrete mow band, turf shall be edged with a
metal blade edger. If a spin trimmer is required to edge around utility boxes, or wooden
header boards, it shall be held so that the cut is vertical. A bevel cut will not be used.
After mowing or edging hardscape (walks/drives/patios/streets) shall be swept or blown
clean. Debris will not be left in street gutters or removed before vacating the site.
ii. Tree wells are to be maintained with a neat turf edge and wells shall be kept weed free.
iii. Chemical edging shall not be used anywhere.
D. TURF FERTILIZATION
i. Fertilization schedule for all turf shall be as follows:
a. March/April 44-0-0 Polyplus SL
b. Late August, Early September 16-8-8
c. November 44-0-0 65% Polyplus SL Urea
ii. Fertilizer use shall be reported with pesticide use.
E. TURF PEST CONTROL
i. Weeds – All turf grass in the CFD areas are relatively new with very few broadleaf weeds.
At this time, it is recommended that broadleaf weeds be manually removed, or spot
sprayed.
PEST CONTROL
• Non-Turf Weed Control Plan – Develop an annual weed control plan that would produce a cost-
effective approach that also provides high quality results for shrubs and ground cover, annual
flowers, bicycle/walking trails, open space edges/post and cable/fence lines and hardscape
(cracks and crevices) including sidewalk and curb and gutter frontages. Control weeds with pre-
emergent herbicides and selective systematic herbicides or through mechanical means, i.e.
mowing, hoeing, and weed whipping.
7.1
p. 42 of 172
-13-
• Written Pest Control Recommendations – A written pest control recommendation from a
licensed pest control advisor will be required for all pesticide applications. The Contractor shall
provide copies of all recommendations to the City at least five (5) working days prior to
application. Recommendation shall take into consideration drainage to waterways (Uvas Creek),
drain inlets, and adjacent schools. Recommendation shall evaluate pesticides used and
application activities performed. The recommendation should also identify pollution prevention
and source control opportunities.
• Prohibit application of pesticides, herbicides, and fertilizers as required by DPR 11-004 Prevention
of Surface Water Contamination by Pesticides enacted by the Department of Pesticide Regulation.
• No spraying shall be within 48 hours of predicted rainfall with greater than 50% probability as
predicted by the National Oceanic and Atmospheric Administration (NOAA).
• Collect and properly dispose of unused pesticides, herbicides, and fertilizer containers.
• Spraying of weeds in playground areas is strictly prohibited. Weeds are to be manually removed.
• Reoccurring unwanted plants (i.e. berry bushes, poison oak) are to be sprayed to kill plant roots
or removed by digging up system.
• Trees in Turf – Maintain a minimum of a 3’ weed free radius.
• Product Use Summary – Prior to the 15th of each month, the Contractor shall provide the City a
summary of pesticides used the prior month. Contractor is to provide the product’s
Environmental Protection Agency (EPA) registration number as well as the amount of product
used.
• Posting – Post all entry areas with spray notices when showing intent to spray public use areas.
Verbally notify public visitors when spot spraying when in the area. Remove facility spray notices
when spraying is complete unless product label requires different posting requirements.
• Molluscicides should be iron phosphate based or other City approved control.
• Pest Control Licensing – The Contractor shall have a qualified person who holds the appropriate
California Department of Pesticide Regulations licensing oversee all pesticide applications. If
restricted materials are used, the applicator must be licensed.
• Trails – Keep all trails shoulders free of weeds 2’ from any trail hardscape edges. Concrete fences
shall be kept weed free 12” into preserve areas.
• Minimal insect control is practiced and is to be handled on a case-by-case basis. Contractor shall
make the City aware of any pest problems and provide the City with a pest control
recommendation along with a quote for future work. The City will not be charged for this service.
• Minimal disease control is practiced and is to be handled on a case-by-case basis and will be
charged as extra.
• Rodent Control
A. All mounds, burrows, or other minor damage shall be discovered in a timely manner and
repaired by Contractor. Rodent problems should be identified and reported to the City in
their early stages as part of weekly inspections before causing critical damage to areas.
Lack of early discovery will be considered negligence on the part of the Contractor.
Depending on the scope of the problem, rodent control in the form of baiting or trapping
will be recommended and work will be subsequently scheduled.
B. Gopher
• The Contractor shall obtain a written pest control recommendation from a
licensed Pest Control Advisor for baiting for gopher control. All bait shall be
placed below ground in the burrow system. Any spilled bait shall be promptly
picked up. Any deceased gophers found on the surface shall be collected and
properly disposed of.
• If trapping is to be used, all State Regulations must be followed. Contractor shall
notify and obtain City approval on sites and locations.
7.1
p. 43 of 172
-14-
• The contractor shall comply with all other provisions of pesticide requirements.
• The contractor shall promptly remove or disperse any soil mounds discovered on
the turf.
• Contractor to give city a per-treatment per site price. A total of ten site visits will
be included in the price but charged as work as needed. The City will not be
charged if it is determined no rodent control is necessary.
• No chemical control of rodents in Low Impact Development Structural Control
Measures such as bioretention ponds, bio-swales, or infiltration ponds of any
kind.
C. Ground squirrel control shall be handled on a case-by-case basis and coordinated with the
City representative. Ground squirrels will be treated as an additional cost and is not
included in this contract.
IRRIGATION
• Contractor and its employees shall inspect and test all irrigation systems for system operability,
component malfunctions and adjust schedules to address weather changes and irrigation
requirements on a biweekly basis. Any signs of irrigation malfunctions will be immediately
addressed, and system checks will become as frequent as necessary to ensure problems are fully
resolved without any further damage. These inspections may also become more frequent in
certain areas that are under observation due to chronic malfunctions or vandalism. Between
November 1st and March 1st, if systems are turned off due to weather conditions, monthly
inspections will be acceptable for ensuring that no damage has been rendered to the systems.
• After Valve – The Contractor shall be responsible for all labor for the irrigation repairs after the
valve including the solenoid, rebuilding of the valve, lateral lines, sprinkler heads, and including
adjustment to sprinklers. Contractor to bill the City for all irrigation material costs plus a 15%
markup.
• Before Valve – Replacement of remote-control valves, rebuilding or replacement of quick
couplers, flow control valves, master valve, backflows and mainline repairs are not included and
shall be billed to the City at an hourly rate basis or on a bid basis. The City’s representative will
approve work to be done on a case-by-case basis. All irrigation materials used will be charged to
the city at cost plus a 15% markup.
• An irrigation audit shall be finalized during the winter months listing all extra work to be
completed to improve system efficiency, i.e. raised heads, upgrading of nozzles. This audit shall
be delivered to the City representative at a date to be later determined.
• Under no circumstances can a system go unchecked long enough to cause any problems with
startup when weather conditions warrant systems to be fully operational. Contractor shall set
and program automatic controllers for seasonal watering requirements. A sign-in sheet shall be
placed inside each irrigation controller box that designates by date and signature each time the
system is inspected or adjusted for non-central station controllers.
• All replacement materials are to be with new original types and model’s materials unless a
substitute is approved by the City representative.
• Contractor shall maintain an adequate inventory of medium to high usage stock items for repair
of the irrigation systems.
• Contractor shall implement repairs in accordance with all effective warranties, and no separate
payment shall be made for repairs on equipment covered by warranty.
• Notify the owner in writing of any conditions that are discovered which may prevent the system
from delivering the correct amount of moisture.
• Adjust risers and sprinkler locations to compensate maturing landscape. This work shall be
completed at an additional cost. The Irrigation Technician shall notify City staff of needed work.
7.1
p. 44 of 172
-15-
• Reflect actual evapotranspiration (E.T) requirements and requirements of soil and plants when
programming controllers.
• Eliminate runoff onto streets, sidewalks, and other non-target areas by using Cycle/Soak when
programming controllers.
• Provide sufficient time for soil to dry out between irrigations.
• Maximize public use of City property when programming controllers.
• Repairs of any irrigation components or property damaged by Contractor as a result of negligence,
error or omission by Contractor shall be the full responsibility of the Contractor.
• Remote Control Valves – A variety of RCVs are utilized throughout the City. Along the 3rd Street
corridor, Rainbird PESB-NP-NAN series RCVs are used. The Contractor should be familiar with all
types of modern remote control valves.
• Quick Coupler Valves – The standard quick coupler valve is the single slot Rain Bird 44 or Buckner
QB44RC10. A few 3/4” valves may be found in some older sites. Quick couplers repair is a City
responsibility.
• Master Valves & Flow Sensors – Master valves used are normally open Superior 3300. Master
valves and flow sensors are the City’s responsibility to repair.
• Fixed Spray Heads
i. The standard pop-up fixed spray head is the Rain Bird 1800 Series SAM-PRS. The 12” pop-
up is generally used in ground cover, shrub, and bedding plant areas. 4” has been used
in turf. If it is necessary to replace a 4” body in a turf area, it should be upgraded to a 6”
pop-up.
ii. All heads used on recycled water liens must be equipped with purple caps.
• Rotor Sprinklers – A variety of rotor heads are used in the City systems. The Contractor should be
familiar with all types of rotor sprinklers. These CFD sites use mainly MP Rotators.
• Drip – in-line drip, on-line drip and multi outlet drip is being used along the 3rd Street corridor and
at the Mesa Soundwall. The Contractor should be familiar with all types of drip systems.
Flow Sensors – Data Industrial (Badger) flow sensors are used at many sites. Flow sensors are the
City’s responsibility to repair.
• Pumps – No pumps are used on these sites.
• Controllers and Programming
i. All CFD sites use the Rain Master Evolution. Most of the on-line controllers are linked to
flow meters and master valves and will shut down the system if high or unscheduled flows
are detected. Low flow and electrical faults are also detected by the central system. The
central controller is linked to an on-site weather station and that data is used to adjust
station run times and shut down during unfavorable weather events. The landscape
contractor is expected to communicate with city staff regarding site irrigation needs. The
city will service irrigation controllers.
ii. City staff will program controllers which are on-line with the central system. Irrigation
programming will be coordinated around facility use.
iii. The general guide for irrigation is to water deeply but infrequently. The soil surface should
be allowed to dry between irrigations. Typically, three irrigations per week is sufficient
for turf. Irrigation schedules must consider public use of the facility and hydraulic capacity
of the systems. Irrigation programming will be coordinated with the City.
iv. Upon completion of work, verify that all cabinets are properly locked before leaving the
area. Due to the potential damage to systems from leaving a cabinet unlocked, this type
of infraction will be considered an egregious act of negligence by the Contractor.
v. When site irrigation is checked or serviced, the Irrigation Technician shall sign and fill out
the Controller Maintenance Sheet provided in each controller.
7.1
p. 45 of 172
-16-
• Recycled Water – Sites along 3rd Street are irrigated with recycled water. This is disinfected
tertiary treated wastewater which is provided by the South County Regional Wastewater
Authority. All irrigation heads and pipe shall be color coded purple or otherwise labeled. Only
Acme threated quick couplers shall be used on recycled water systems. Employees working on
sites with recycled water shall be trained on the precautions to use. The contractor foreman or
supervisor is encouraged to attend the Annual Supervisors Training conducted by the South
County Regional Wastewater Authority. Contact the City for additional information.
• Care for Storm Water Elements – Low Impact Development Structural Control Measures (LID
SCMs).
i. Bioretention Features and Maintenance & Operations work includes:
Report and fix any pedestrian paths that develop. Contractor shall work with the
City to rectify the problem.
Remove all trash and debris on service schedule.
Fix rodent holes and erosion with proper materials per design specs.
Manually remove all weeds.
Trim overgrown plants that are blocking the inlets or outlets, or if they are
growing into the public right-of-way.
No pesticides, herbicides, or other chemicals may be used in or around the
bioretention features.
Remove sediment buildup at the bottom of the bioretention feature. Sediment
buildup of over 1 cubic yard shall be removed by the City.
Replace dying or dead vegetation as needed. Plant replacement is not included
in this contract. Contractor shall notify the City of dying or dead vegetation. City
will contract with Contractor to replace plants.
Adjust irrigation schedule, if needed, for healthy plants.
Report and remediate odors. If there is an odor problem, Contractor shall notify
the City representative. Contractor will work with City to correct the problem.
Report and fix any pedestrian paths that develop. Contractor shall notify the
City to the presence of any pedestrian paths that develop. Contractor shall
work with the Contractor to rectify the problem.
Control rodents in bioretention features by non-chemical means.
ii. Bioswales (Along 3rd St and Hecker Pass Park) features work includes:
Water must flow downstream to inlet. Confirm there is no evidence of long-term
ponding which causes dying plants and/or bare spots at the bottom of the swale.
Fix any flow paths that develop.
Remove all trash and debris on service days.
Fix rodent holes and erosion with proper materials per design specs.
Manually remove all weeds.
Trim overgrown plants that are blocking the inlets or outlets, or if they are
growing into the public right-of-way.
No pesticides, herbicides, or other chemicals may be used in or around the swales.
Remove sediment buildup at the bottom of the swale. Sediment buildup of over
1 cubic yard shall be removed by the City.
Fix ponding by replacing soil per design specs. This shall be done by the City or
Contractor shall be mobilized to make repairs.
Replace dying or dead vegetation, as needed. Plant replacement is not included
in this contract. Contractor shall notify the City of dying or dead vegetation. City
will work with Contractor to replace plants.
Adjust irrigation schedule, if needed, for healthy plants.
7.1
p. 46 of 172
-17-
Report and remediate odors. If there is an odor problem, Contractor shall notify
the City representative. Contractor will work with City to correct the problem.
Report and fix any pedestrian paths that develop. Contractor shall notify the City
to the presence of any pedestrian paths that develop. Contractor shall work with
the City to rectify the problem.
Control rodents in bioretention features by non-chemical means
KEYS, DEFICIENCY, SEVERANCE AND TERMINATION
Locks and Keys
The Contractor shall be responsible for the series of keys assigned to them and shall assign these keys to
its personnel for use in maintaining the facilities. The Contractor shall properly use and keep safe, all keys
or locks issued or used by the City to the Contractor.
The Contractor shall report all lost or stolen keys or locks to the City representative(s) within 24 hours
after discovery of the loss. The Contractor shall reimburse the City for the total cost, as determined by
the City, of replacing the lock and rekeying the site or duplicating additional keys
Upon termination or cancellation of the contract, the Contractor shall immediately return all keys, cards,
remote controls, etc., to the City. The Contractor shall reimburse the City for the total cost, as determined
by the City, for the total cost of keys not returned.
• Deficiency Notice Procedures
i. Deficiencies will be recorded and presented to the Contractor via e-mail, fax, or United
States Postal Service (USPS). The Contractor shall respond within 24 hours with a plan to
remedy and to prevent future occurrence. Contractor will be responsible for providing
follow-up documentation. Contractor supervision is responsible for re-inspection of the
problem areas before notifying the City the problem has been resolved.
ii. Contractor’s management team must be available for face-to-face meetings called by the
City within 48 hours of notification.
iii. Failure to resolve the problem will result in a written vendor non-compliance report
seeking a written response from the Contractor’s management outlining a permanent
resolution to the problem. Patterns of complaints, which may indicate the Contractor’s
failure to adequately staff, train and supervise, shall warrant a face-to-face meeting with
the highest level of the Contractor’s management deemed necessary by the City in order
to clarify the Contractor’s obligations and produce a written work plan and time frame
for remedying the deficiencies.
iv. Failure to resolve a written non-compliance report will result in one or all of the following:
Payment deductions to the Contractor for services not performed per contract
where City had no service or reduced service.
Termination of selected contracted service area(s) because of contractor’s
continued failure to perform in the designated areas.
Total contract termination for failure to perform after repeated “Notices of Non-
Compliance” have been issued.
Contract work that Contractor failed to perform and City staff was required to
complete on the Contractor’s behalf will be back charged (labor and equipment
to Contractor.
7.1
p. 47 of 172
-18-
• Right of Severance and Termination
i. Remove Worker – The City shall have the right to request removal of any specific
Contractor worker from City contract properties for any of the following reasons:
The worker is deemed by the City to be incompetent or negligent based on the
worker’s inability to execute required project tasks.
The worker fails to adhere to the City’s standards.
The worker engages in misconduct.
ii. Termination – The City reserves the right to terminate this contract with the Contractor
upon ten (10) days advance written notice should Contractor fail to meet the obligations
of the contract as noted above. Such failures include, but are not limited to:
Consistent failure to respond to requests for service or to remedy contract
deficiencies,
Consistent failure to provide qualified, trained workers and supervisors,
Contractor failure to keep City informed.
iii. Back Charges – City will bill Contractor for work not performed where City staff had to fill
in.
ONSITE SAFETY
Maintenance and Operation of Equipment and Vehicles
The Contractor shall take necessary precautions for the safe operation of equipment and the protection
of the public from injury and damage from such equipment and vehicles. Contractor shall repair or
replace, immediately, all equipment deemed by City to be unsafe, irreparable or in unsatisfactory
condition. All vehicles shall have the contractor’s name visible to the public.
Contractor shall operate equipment and vehicles to minimize service vehicles driving off pathways and
hardscape onto turf and planters with irrigation and plants to prevent damage. Contractor shall use street
frontages and parking areas rather than pathways and sidewalks when possible while operating vehicles
in contract sites.
String Trimmers
Contractor shall train staff and operate all string trimmers in a safe manner. Training shall include proper
techniques in avoiding flying debris and protecting staff, pedestrians, and vehicles from harm. Care shall
be exercised with regard to the use of string trimmers to prevent damage to building surfaces, walls,
header board, light fixtures, signage, etc. String trimmers shall not be used around trees. A 2’ to 3’ soil
buffer zone shall be maintained around the circumference at the base of all trees, unless otherwise
directed by City. Any trees damaged by string trimmers or mowers shall be replaced at no additional cost
to the City.
Reference Materials
The following documents will be used to apply best and proper landscape practices and procedures unless
otherwise specified or instructed. All specifications for materials to be used and construction guidelines
will be based on the City of Gilroy Construction Standards unless otherwise noted and/or approved.
• Sunset New West Garden Book (Latest edition)
• Standard Practices of the International Society of Arboriculture
7.1
p. 48 of 172
-19-
Cal-OSHA Requirements
The Contractor shall comply with all provisions of the California Occupational Health and Safety Act
(OSHA), taking all precautions in the performance of the service to prevent injury to persons and property
Accident Reporting
The Contractor shall immediately notify the designated City representative(s) of any accident, regardless
of whether or not injury or damage is evident, involving the public and the Contractor’s staff, vehicles,
and/or equipment. The Contractor shall provide all written reports and/or documentation requested by
the City.
MANAGEMENT AND SUPERVISION
The Contractor shall provide fully trained and qualified personnel. The staff activity will be closely
monitored by City representative(s) at each site to detect operational irregularities and non-compliance
with the Contract. It is the responsibility of Contractor’s executive, management, and supervisory staff to
oversee the activities of its staff throughout the range of its activities of all contract sites. The City will not
supervisor the Contractor’s supervisors or employees.
All Supervisors must be qualified, proficient in English, trained and capable of providing adequate
supervision and direction of all staff and must demonstrate verbal and written communication skills
sufficient for the work required herein.
The Contractor’s crew leader and operational staff, in addition to their supervisory and management staff,
shall be knowledgeable in this contract and its timelines. An outline of the task requirements, schedule
and timelines for each site shall be kept with each crew. If any task cannot be thoroughly completed
within the contract schedule, the City’s representative shall be notified promptly in the prescribed manner
established at contract startup.
Contractor shall be expected to take reasonable care to identify and report conditions, situations, and
occurrences which may be harmful or result in decline of plant material or landscape or interfere with
public use. If this care is not exercised, then repair of resultant damage to landscape or plant material
shall be the responsibility of the Contractor.
Contractor is to incur all costs to assess, repair, or replace any physical property damaged as a result of
Contractor’s negligence or failure to take reasonable care to identify and report potential problems with
the landscape.
Contractor shall inspect and identify any condition(s) that enders any portion of a site unsafe, as well as
any unsafe practices occurring thereon, and shall immediately notify the City representative(s) of any
unsafe or undesirable condition(s). Contractor shall take emergency safety actions to protect worker
and/or the public from a developing or observed hazardous conditions. Safety action taken by the
Contractor not related to normal contract services shall be appropriately compensated by the City when
justified in writing and include any public safety call for service report number.
The Contractor shall make minor corrections including, but not limited to, filling minor holes in turf and
activity areas, using barricades or traffic cones to alert the public to the existence of hazards, replacing
Contractor-damaged valve box covers, and securing any damaged apparatus to protect members of the
public or others from injury.
7.1
p. 49 of 172
-20-
If needed, the Contractor shall assist the public by calling emergency assistance while at the site. The
Contractor shall cooperate fully with the City in the investigation of any injury or death occurring at any
site, including a complete written report.
During all operations, the Contractor shall comply with local ordinances regarding noise levels. Any
scheduling of the Contractor’s operations may be modified by City at no additional compensation to
Contractor to ensure that the public is not unduly impacted by the noise of equipment or operations.
7.1
p. 50 of 172
EXHIBIT "C"
MILESTONESCHEDULE
Service Frequency and Schedules
Inspect and service every site once per week as a contract standard.
The Contractor shall, within ten { I0) working days after the effective date of the Contract,
submit a work schedule to the City's representative(s) for review and approval. Said work
schedule shall be based on a twelve-month calendar identifying and delineating the time
frames for the required work by the day of the week, morning or afternoon.
1l1e Contractor shall submit revised schedules / calendars when actual pe1fonnance differs
substantially from planned performance. Said revisions shall be submitted to the City's
representative(s) for review and, if appropriate, approval, within five (5) working days
prior to scheduled time for the work.
At the discretion of City staff, weekly inspection meetings will be held{or more frequently
if deemed necessary by the City) between the Contractor and the city representative{s) are
to be scheduled to dete1mine progress, review weekly site inspections and address any
changes in schedules, problem areas, etc.
Contractor shall notify the City, in writing, at least two (2) weeks prior to the date and time
of all pre-approved "Specialty Functions." "Specialty Functions" are defined as:
a. Fertilization
b. Tree Trimming/Management
c. Aerate - Turf
Performance during Inclement Weather
During the periods that rainfall hinders normal operations, the Contractor shall adjust its
workforce to accomplish those activities that are not affected by weather. The prime factors
in assigning work shall be the safety of the workforce, the public, and damage to
landscaping. Leaf and down branch pickup and drain clearing are a high priority. Rainy
days are not an exc-use to pull workforce from city. Contractor shall continue landscape
tasks that can be safely preformed in the rain. Such as sidewalk pruning, low limb removal,
or items that city contractor inspector points out.
Sites and On-Call services are also itemed under Exhibit "D" (payment/fee schedule).
7.1
p. 51 of 172
EXHIBIT “D”
PAYMENT SCHEDULE
Billing to be submitted monthly at the completion of work. Payments to be issued within 30 days of
receipt of invoice.
4835-2267-0361v1 LAC\04706083
7.1
p. 52 of 172
Exhibit “D” - Continued
7.1
p. 53 of 172
Page 1 of 4
City of Gilroy
STAFF REPORT
Agenda Item Title:Award a Three-year Contract to Jensen Landscape
Services, LLC in the Total Amount of $3,378,990 with
an Annual Not to Exceed Amount of $1,126,330 for
Citywide Landscape Services, and Authorize up to
Two, One-Year Extension Options
Meeting Date:September 9, 2024
From:Jimmy Forbis, City Administrator
Department:Public Works
Submitted By:Heba El-Guindy, Public Works Director
Prepared By:Matt Jones, Deputy Public Works Director
STRATEGIC PLAN GOALS Maintain and Improve City Infrastructure
RECOMMENDATION
City Council:
a. Approve award of a three-year contract to Jensen Landscape Services, LLC
in the total amount of $3,378,990 with an annual not to exceed amount of
$1,126,330 for Citywide Landscape Services.
b. Authorize the City Administrator to exercise at the end of the contract term the
two, one-year extension options at the City‘s sole discretion.
EXECUTIVE SUMMARY
In response to the City’s recent bid process for Citywide Landscaping Services, proposals
were received from five landscaping contractors and the most qualified contractor
selected by the panel is Jensen Landscape Services, LLC. The total three-year contract
cost proposed for award to the successful contractor, Jensen Landscape Services, LLC,
is $3,378,990 with an annual not to exceed amount of $1,126,330. The listed total and
annual contract amounts include a 5% contingency. Staff requests City Council approval
of this contract award to Jensen Landscape Services, LLC.
7.2
p. 54 of 172
Award a Contract to Jensen Landscape Services, LLC for Citywide Landscape Services
City of Gilroy City Council Page 2 of 4 September 9, 2024
It should be noted that the City’s Public Works Department has a positive experience
contracting with Jensen Landscape Services, LLC as they provided landscape
maintenance services citywide. Following approval of a formal bid process and
evaluation of several vendors, the previous contract with Jensen Landscape Services,
LLC commenced on March 1, 2018 to February 28, 2021 and was extended twice until
its expiration date of August 31, 2024.
BACKGROUND
The City of Gilroy has made use of contractual services for citywide landscaping
maintenance for more than twenty years, adding more facilities and services to the
contract as the City has grown and constructed additional parks, landscaped roadways,
public trails, and other facilities that have required landscaping maintenance services.
These routine services include plant care, tree care, weeds and pest control, litter pick
up, irrigation maintenance, and general maintenance such as seasonal leaf removal. The
previous Citywide Landscape Services contract ended on August 31, 2024, and a new
contract needs to be established.
In planning for the new Citywide Landscape Services contract, a Request for Proposals
(RFP) was issued on July 20, 2024. The RFP was advertised in the San Jose Mercury
News and on the City’s website. By the submittal due date of August 7, 2024, the City
received five proposals from qualified contractors. Of the five proposals, Jensen
Landscape Services, LLC was selected as the contractor to perform the citywide parks
and landscaping maintenance work.
ANALYSIS
All received proposals were evaluated by a three-person panel consisting of the City of
Gilroy Parks and Landscape Supervisor, Management Analyst of the City’s Community
Development Department, and the City of Morgan Hill’s Maintenance Manager.
All five proposals were evaluated on the following six criteria: Cost of Services, Staff
Management Plan, Safety Practices and Workers Compensation Modification Rate
Statement, Proximity of Contract Resources to Contract Sites, Demonstrated Personnel
Expertise and Experience to Provide Range of Contract Services and Capabilities to
Address Contract Challenges, and on References input. In addition, those who meet the
current purchasing policy for local preference received five additional points. Ratings of
the five received proposals are documented in the table below.
City-Wide Parks & Landscape Maintenance Services
No. 25-RFP-PW-504
7.2
p. 55 of 172
Award a Contract to Jensen Landscape Services, LLC for Citywide Landscape Services
City of Gilroy City Council Page 3 of 4 September 9, 2024
Possible
Points Alpine
BrightVie
w Gachina Jensen
New
Image
Criteria Final Score
1. Cost of Services 20 19.42 12.69 16.73 20.00 10.27
2. Review of Staff Management Plan 25 23.00 22.33 20.00 23.00 15.67
3. Review of Safety Practices and Workers’
Comp Modification and Rate Statement 10 9.33 8.67 8.67 8.33 5.67
4. Proximity of Contract Resources to
Contract Sites 15 15.00 11.33 11.33 15.00 11.33
5. Demonstrated Personnel Expertise and
Experience to Provide Range of Contract
Services and Capabilities to Address
Contract Challenges
20 16.33 17.67 16.00 17.00 13.00
6. References 10 5.67 9.67 5.00 9.00 8.67
Evaluation Points 100 88.75 82.36 77.73 92.33 64.60
City of Gilroy Purchasing Policy for Local
Preference - 5% of evaluation points
possible
5.00 5.00
Total Points 100 93.75 82.36 77.73 97.33 64.60
The City Council's 5% local purchasing preference applies to qualifying businesses within city limits, excluding public
works construction and professional services. Eligible businesses must be local, current on business license, and
compliant with city laws. The preference affects competitive bids by applying a 5% discount or extra evaluation points,
but does not apply to contracts with other agencies, professional services, or emergencies.
Based on the panel‘s evaluation of each of the five proposals, Jensen Landscape
Services, LLC is recommended as the top-ranked landscape services contractor. Results
of the review among the proposers were close, which signals the competitive service
quality and pricing. The selection panel recognized that Jensen Landscape Services,
LLC provided an excellent service plan, presented the best project team, and brought a
history of direct contract work experience provided to the City, including receiving local
preference points as required by City Policy.
References for Jensen Landscape Services, LLC were contacted, the State Contractor
Licensing Board records were reviewed along with the company’s workers compensation
and safety records.
Jensen Landscape Services, LLC is familiar with the unique needs of the City of Gilroy
as they previously handled the citywide parks and landscape maintenance. The proposed
three-year contract amounts to a total of $3,378,990 with an annual not to exceed amount
7.2
p. 56 of 172
Award a Contract to Jensen Landscape Services, LLC for Citywide Landscape Services
City of Gilroy City Council Page 4 of 4 September 9, 2024
of $1,126,330. The referenced total and annual contract amounts include contingency at
the rate of 5%.
ALTERNATIVES
Current staffing levels do not support the amount of work needed to maintain
landscaping citywide and the City has been relying on contractors to perform this work.
City Council could choose not to award the contract to Jensen Landscape Services,
LLC. Not awarding the contract would result in a significant increase in staffing needs
and would divert resources from other core services.
FISCAL IMPACT/FUNDING SOURCE
Funding for the citywide landscape maintenance services would be drawn from Fund 100
(General Fund) out of the Landscape Operating budget. There are sufficient funds to
support the contract through the remainder of Fiscal Year 25 and will be budgeted for
following fiscal years.
Date Amount
September 9, 2024 - September 8, 2025 $1,126,330
September 9, 2025 - September 8, 2026 $1,126,330
September 9, 2026 - September 8, 2027 $1,126,330
Total 3-Year Contract Amount $3,378,990
It should be noted that the proposed annual contractual fee of $1,126,330 is for the first
three years of the contract and may vary if the contract is extended for one or two
additional years.
PUBLIC OUTREACH
This item is included on the publicly posted agenda for the September 9, 2024, City
Council meeting. The public will have a public hearing opportunity during the City
Council meeting.
NEXT STEPS
Subject to City Council approval, the City Administrator will execute the contract with
Jensen Landscape Services, LLC along with associated documents. The citywide
landscape maintenance services will commence upon execution of the contract.
Attachments:
1. Contract with Jensen Landscape Services, LLC for Citywide Landscape Services.
7.2
p. 57 of 172
4835-2267-0361v1 LAC\04706083 -1-
AGREEMENT FOR SERVICES FOR CITY-WIDE LANDSCAPE SERVICES
This AGREEMENT made this 9th day of September, 2024, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONTRACTOR: Jensen Landscape Services, LLC having a principal place of business at
8525 Forest Street Gilroy, CA 95020.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on September 9, 2024, and will continue in effect through
September 8, 2027, with an option to extend one year at a time for a period of up to two
additional years at the City’s sole option to be exercised by written notice to be given by City not
less than thirty (30) days and not more than sixty (60) days prior to September 8, 2027, 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 CONTRACTOR is an independent contractor and
not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONTRACTOR or any employee or agent of CONTRACTOR. Both parties
acknowledge that CONTRACTOR is not an employee for state or federal tax purposes.
CONTRACTOR 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. CONTRACTOR shall retain the right to perform services for others during the term of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR
A. Specific Services
CONTRACTOR agrees to: Perform the services as outlined in Exhibit “A” (“Specific
Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in
Exhibit “C” (“Milestone Schedule”).
7.2
p. 58 of 172
4835-2267-0361v1 LAC\04706083 -2-
B. Method of Performing Services
CONTRACTOR shall determine the method, details and means of performing the above-
described services. CITY shall have no right to, and shall not, control the manner or determine
the method of accomplishing CONTRACTOR’S services.
C. Employment of Assistants
CONTRACTOR may, at the CONTRACTOR’S own expense, employ such assistants as
CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this
Agreement, subject to the prohibition against assignment and subcontracting contained in
Article 5 below. CITY may not control, direct, or supervise CONTRACTOR’S assistants in the
performance of those services. CONTRACTOR assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
D. Place of Work
CONTRACTOR shall perform the services required by this Agreement at any place or location
and at such times as CONTRACTOR shall determine is necessary to properly and timely
perform CONTRACTOR’S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay
CONTRACTOR the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event
however shall the total annual compensation paid to CONTRACTOR exceed $1,072,695.00 in
addition to a 5% annual contingency in the amount of $53,634.75.
B. Invoices
CONTRACTOR shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment
will be made unless CONTRACTOR has first provided City with a written receipt of invoice
describing the work performed and any approved direct expenses (as provided for in
Exhibit “A”, Section IV) incurred during the preceding period. If CITY objects to all or any
portion of any invoice, CITY shall notify CONTRACTOR of the objection within thirty (30)
days from receipt of the invoice, give reasons for the objection, and pay that portion of the
invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not
to pay any invoiced amounts to which it has objected until the objection has been resolved by
mutual agreement of the parties.
7.2
p. 59 of 172
4835-2267-0361v1 LAC\04706083 -3-
D. Expenses
CONTRACTOR shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONTRACTOR, all fees, fines, licenses, bonds or taxes required of or imposed against
CONTRACTOR and all other of CONTRACTOR’S costs of doing business. CITY shall not be
responsible for any expenses incurred by CONTRACTOR in performing services for CITY,
except for those expenses constituting “direct expenses” referenced on Exhibit “A.”
ARTICLE 5. OBLIGATIONS OF CONTRACTOR
A. Tools and Instrumentalities
CONTRACTOR shall supply all tools and instrumentalities required to perform the services
under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase
or rent any tools, equipment or services from CITY.
B. Workers’ Compensation
CONTRACTOR agrees to provide workers’ compensation insurance for CONTRACTOR’S
employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and
indemnify CITY, its officers, representatives, agents and employees from and against any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses,
including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or
death of any of CONTRACTOR’S employees.
C. Indemnification of Liability, Duty to Defend
As to all liability, to the fullest extent permitted by law, CONTRACTOR shall defend, through
counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and
hold harmless CITY, its officers, representatives, agents and employees against any and all suits,
damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses,
including without limitation attorneys’ fees, arising or resulting directly or indirectly from any
act or omission of CONTRACTOR or CONTRACTOR’S assistants, employees or agents,
including all claims relating to the injury or death of any person or damage to any property.
D. Insurance
In addition to any other obligations under this Agreement, CONTRACTOR shall, at no cost to
CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability
Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles,
with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages
due to bodily injury, sickness or disease, or death to any person, and damage to property,
including the loss of use thereof. As a condition precedent to CITY’S obligations under this
Agreement, CONTRACTOR shall furnish written evidence of such coverage (naming CITY, its
officers and employees as additional insureds on the Comprehensive Liability insurance policy
referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days
written notice of policy lapse or cancellation, or of a material change in policy terms.
7.2
p. 60 of 172
4835-2267-0361v1 LAC\04706083 -4-
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or
obligations of CONTRACTOR under this Agreement may be assigned or subcontracted by
CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its
sole and absolute discretion.
F. State and Federal Taxes
As CONTRACTOR is not CITY’S employee, CONTRACTOR shall be responsible for paying
all required state and federal taxes. Without limiting the foregoing, CONTRACTOR
acknowledges and agrees that:
CITY will not withhold FICA (Social Security) from CONTRACTOR’S
payments;
CITY will not make state or federal unemployment insurance contributions on
CONTRACTOR’S behalf;
CITY will not withhold state or federal income tax from payment to
CONTRACTOR;
CITY will not make disability insurance contributions on behalf of
CONTRACTOR; and,
CITY will not obtain workers’ compensation insurance on behalf of
CONTRACTOR.
G. Prevailing Wage
CONTRACTOR agrees and acknowledges that it is its obligation to determine whether,
and to what extent, any work performed is or any workers employed relative to any
construction to be performed under this Agreement are subject to any Codes, Ordinances,
Resolutions, Rules and other Regulations and established policies of CITY and the laws
of the State of California and the United States, including, without limitation, the
California Labor Code and Public Contract Code relating to public contracting and
prevailing wage requirements (“Prevailing Wage Laws”). To the extent Prevailing Wage
Laws apply to work performed or workers employed for the purpose of performing work
under this Agreement, CONTRACTOR shall fully comply with and ensure that all
workers and/or subcontractors are informed of and comply with all Prevailing Wage
Laws and specifically any applicable requirement of California Labor Code Sections
1720 et seq. and 1770 et seq. and the regulations thereunder, which require the payment
of prevailing wage rates based on labor classification, as determined by the State of
California, and the performance of other requirements on certain “public works” or
“maintenance” projects. It is the duty of CONTRACTOR to post a copy of applicable
prevailing wages at the job site. Prevailing wage information may be obtained at
www.dir.ca.gov.
7.2
p. 61 of 172
4835-2267-0361v1 LAC\04706083 -5-
ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONTRACTOR and provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the performance of CONTRACTOR’S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONTRACTOR. Such assignment shall not release
CONTRACTOR from any of CONTRACTOR’S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of CONTRACTOR’s Business/ Death of CONTRACTOR
CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR’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
CONTRACTOR set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after
CITY’ receipt of such notice of sale.
If CONTRACTOR is an individual, this Agreement shall be deemed automatically terminated
upon death of CONTRACTOR.
B. Termination by City for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this Agreement or materially breach any
of its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written
notification to CONTRACTOR. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
1. CONTRACTOR’S failure to professionally and/or timely perform any of the
services contemplated by this Agreement.
2. CONTRACTOR’S breach of any of its representations, warranties or covenants
contained in this Agreement.
CONTRACTOR shall be entitled to payment only for work completed in accordance with the
terms of this Agreement through the date of the termination notice, as reasonably determined by
CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for
the tasks described on Exhibit C” which have been fully, competently and timely rendered by
CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to
CONTRACTOR’S default in the performance of this Agreement or material breach by
CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY
7.2
p. 62 of 172
4835-2267-0361v1 LAC\04706083 -6-
may have, CONTRACTOR shall reimburse CITY, within ten (10) days after demand, for any
and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope
of work as described in this Agreement, to the extent such costs and expenses exceed the
amounts CITY would have been obligated to pay CONTRACTOR for the performance of that
task pursuant to this Agreement.
C. Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONTRACTOR all or any part of the compensation set forth in Article
4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default
under this Agreement, CONTRACTOR, at the CONTRACTOR’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 CONTRACTOR to CITY.
D. Transition after Termination
Upon termination, CONTRACTOR shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONTRACTOR shall
cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in
connection with this Agreement. CONTRACTOR shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to
facilitate any the assumption of CONTRACTOR’s duties by any new CONTRACTOR hired by
the CITY to complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONTRACTOR 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. CONTRACTOR shall also require such
compliance of all subcontractors performing work under this Agreement, subject to the
prohibition against assignment and subcontracting contained in Article 5 above. The
CONTRACTOR shall defend with counsel acceptable to CITY, indemnify and hold harmless the
CITY OF GILROY, its officers, employees, agents and representatives from and against all suits,
claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees,
including without limitation reasonable attorneys’ fees, that may arise out of any violations of
the Act by the CONTRACTOR, its subcontractors, or the officers, employees, agents or
representatives of either.
7.2
p. 63 of 172
4835-2267-0361v1 LAC\04706083 -7-
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 CONTRACTOR shall keep itself informed of all State and National laws and all municipal
ordinances and regulations of the CITY which in any manner affect those engaged or employed
in the work, or the materials used in the work, or which in any way affect the conduct of the
work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or
authority over the same. Without limiting the foregoing, CONTRACTOR agrees to observe the
provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or
subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for
goods or services to refrain from discriminatory employment or subcontracting practices on the
basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant
for employment, or any potential subcontractor.
F. Conflict of Interest
CONTRACTOR certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONTRACTOR and that no person associated with CONTRACTOR has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performance of
this Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONTRACTOR for CITY and
contains all the covenants and agreements between the parties with respect to the rendering of
such services in any manner whatsoever. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
7.2
p. 64 of 172
4835-2267-0361v1 LAC\04706083 -8-
H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt
requested. Mailed notices shall be addressed to the parties at the addresses appearing in
Exhibit “A”, Section V.H. but each party may change the address by written notice in
accordance with this paragraph. Notices delivered personally will be deemed delivered as of
actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of
performance under this Agreement shall not be construed as waiver(s) of any other condition of
performance under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONTRACTOR: CITY:
Jensen Landscape Services, LLC CITY OF GILROY
By:
By:
Name: Name: Jimmy Forbis
Title: Title: City Administrator
Social Security or Taxpayer
Identification Number
7.2
p. 65 of 172
4835-2267-0361v1 LAC\04706083 -9-
Approved as to Form ATTEST:
City Attorney Interim City Clerk
7.2
p. 66 of 172
4835-2267-0361v1 LAC\04706083 -1-
EXHIBIT “A”
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONTRACTOR 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, CONTRACTOR agrees to assign Paul van Leeuwen, who will act in the
capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONTRACTOR shall furnish all
technical and professional services including labor, material, equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the
Services in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONTRACTOR shall commence the Services upon delivery to CONTRACTOR of a written
“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, John Sousa
shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been
delivered upon actual receipt by CONTRACTOR or if otherwise delivered as provided in the
Section V.H. (“Notices”) of this Exhibit “A”.
B. COMPLETION OF SERVICES
When CITY determines that CONTRACTOR has completed all of the Services in accordance
with the terms of this Agreement, CITY shall give CONTRACTOR written Notice of Final
Acceptance, and CONTRACTOR shall not incur any further costs hereunder. CONTRACTOR
may request this determination of completion when, in its opinion, it has completed all of the
Services as required by the terms of this Agreement and, if so requested, CITY shall make this
determination within two (2) weeks of such request, or if CITY determines that CONTRACTOR
has not completed all of such Services as required by this Agreement, CITY shall so inform
CONTRACTOR within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached
Exhibit “C”.
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONTRACTOR as provided for in Article 4 of this Agreement.
7.2
p. 67 of 172
4835-2267-0361v1 LAC\04706083 -2-
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.
CONTRACTOR shall obtain written approval from CITY prior to incurring or billing of direct
expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONTRACTOR represents and warrants that it has the qualifications, skills and licenses
necessary to perform the Services, and its duties and obligations, expressed and implied,
contained herein, and CITY expressly relies upon CONTRACTOR’S representations and
warranties regarding its skills, qualifications and licenses. CONTRACTOR shall perform such
Services and duties in conformance to and consistent with the standards generally recognized as
being employed by professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well-organized, technically and grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
B. RESPONSIBILITY OF CONTRACTOR
CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the
coordination of the Services furnished by it under this Agreement. CONTRACTOR shall not be
responsible for the accuracy of any project or technical information provided by the CITY. The
CITY’S review, acceptance or payment for any of the Services shall not be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in
accordance with applicable law for all damages to CITY caused by CONTRACTOR’S negligent
performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
CITY, through its authorized employees, representatives or agents, shall have the right, at any
and all reasonable times, to audit the books and records (including, but not limited to, invoices,
vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any
and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONTRACTOR), or for any longer period required by law, sufficient books and records in
accordance with standard California accounting practices to establish the correctness of all
charges submitted to CITY by CONTRACTOR, all of which shall be made available to CITY at
the CITY’s offices within five (5) business days after CITY’s request.
7.2
p. 68 of 172
4835-2267-0361v1 LAC\04706083 -3-
D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
other information developed or received by or for CONTRACTOR and all other written and oral
information developed or received by or for CONTRACTOR and all other written and oral
information submitted to CONTRACTOR in connection with the performance of this Agreement
shall be held confidential by CONTRACTOR and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be disclosed to
an entity not connected with the performance of the such Services. Nothing furnished to
CONTRACTOR which is otherwise known to CONTRACTOR or is or becomes generally
known to the related industry (other than that which becomes generally known as the result of
CONTRACTOR’S disclosure thereof) shall be deemed confidential. CONTRACTOR shall not
use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under
this Agreement in any magazine, trade paper, newspaper or other medium without the express
written consent of CITY.
E. NO PLEDGING OF CITY’S CREDIT.
Under no circumstances shall CONTRACTOR have the authority or power to pledge the credit
of CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps,
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONTRACTOR may
retain and use copies thereof subject to Section V.D of this 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,
CONTRACTOR shall not be responsible for, and City shall indemnify CONTRACTOR from,
damages resulting from the use of said material for work other than PROJECT, including, but
not limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
7.2
p. 69 of 172
4835-2267-0361v1 LAC\04706083 -4-
H. NOTICES.
Notices are to be sent as follows:
CITY: City of Gilroy
John Sousa
7351 Rosanna Street
Gilroy, CA 95020
CONTRACTOR: Jensen Landscape Service, LLC
Paul van Leeuwen
8525 Forest Street
Gilroy, CA 95020
I. FEDERAL FUNDING REQUIREMENTS.
If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONTRACTOR shall comply with the requirements of Title 49, Part 26, Code of Federal
Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable
cost for individual items.
3. Covenant against Contingent Fees
The CONTRACTOR warrants that he/she has not employed or retained any company or person,
other than a bona fide employee working for the CONTRACTOR, to solicit or secure this
Agreement, and that he/she has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or formation of this Agreement. For
breach or violation of this warranty, the Local Agency shall have the right to annul this
Agreement without liability or, at its discretion, to deduct from the agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee.
7.2
p. 70 of 172
-5- 4835-2267-0361v1 LAC\04706083
EXHIBIT “B”
SCOPE OF SERVICE
LANDSCAPE MAINTENANCE AREAS
Landscape maintenance areas shall consist of City parks, landscaped City facilities, slope areas,
medians, streetscapes, trails, and drainage channels identified in the Contract Landscape
Location Information Sheets. These areas shall include all turf, trees, shrubs, ground covers,
planters, slopes, vines, sidewalks, paths, courts, courtyards, decks, park equipment, BBQs and
group BBQ facilities, parking lots, roadways, medians, open space areas, gutters, v-ditches,
bicycle trails, street barriers, fence lines and irrigation systems.
NORMAL HOURS AND DAYS OF MAINTENANCE SERVICES
Contractor shall perform the required maintenance service daily between the hours of
6:00 AM and 6:00 PM, seven days per week including holidays. Maintenance functions
that generate excess noise causing annoyance to residents of the area are not permitted.
Forest Street Park, in particular, is a no blower facility.
The Contractor shall conduct the work at all times in a manner which will not interfere with
normal recreation programs, special events, pedestrian traffic on adjacent sidewalks, or
vehicular traffic on adjacent streets.
Any modification in the hours and days of maintenance as stated in the Contractor’s
service schedules/calendars are subject to approval by the City.
Contractor shall be responsible for reviewing the minimum site visit frequencies as
shown on Attachment B.
PERSONNEL
Positive public relations are an important part of this contract service. Services provided
under the City-Wide landscape services contract are a critical part of providing and
maintaining public use facilities. Contract staff servers a vital role in delivering these
public services. Contract staff must maintain both professional image and behavior
whenever in contact with citizens. Contract staff shall be trained on how to conduct
themselves during public contact and simultaneously provide the appropriate customer
service. Contract staff must always maintain a neat and clean appearance and must be
easily identified with apparel bearing a company insignia such as a safety vest.
A background review and security clearance for all on-site contract employees is
required. Contractor shall provide all needed information to the City’s representative and
make employees available for fingerprinting at a site to be determined. Contractor shall
provide any background information needed for the Department of Justice (DOJ) and the
Department of Motor Vehicles (DMV) driver’s record review. Furthermore, a one-time
drug testing or evidence of a drug screening may be required for background review. All
costs for background checks are the responsibility of the Contractor.
The contractor shall provide personnel that is fully trained in all phases of landscape
irrigation systems operation, maintenance, adjustments, and repair. Contract staff shall
have knowledge of repairing all types of components to include irrigation controllers,
valves, moisture-sensing devices, sprinkler heads, and with all brands and models of
irrigation equipment used within the City.
7.2
p. 71 of 172
-6- 4835-2267-0361v1 LAC\04706083
The Contractor shall provide personnel knowledgeable of, and proficient in, current water
management concepts, with the capability of working with City staff in implementing
more advanced water management strategies.
The Contractor shall provide personnel capable of verbal and written communication in
professional level English. The Site Supervisor and Irrigation Tech shall have a cell
phone with email access.
The City expects the Contractor’s staff to give City representative(s) all items lost or
misplaced by the general public, regardless of perceived value, found on contract sites.
The Contractor shall communicate this expectation to all employees.
The City will provide mandatory BMP (Best Management Practices) training for all
contract landscape maintenance staff regarding Storm Water Management and operational
best practices. City will provide Spanish/English translator.
Contractor’s representative(s) shall attend the City’s annual traffic safety class. This
should include those in those in charge of setting up traffic control for Contractor.
SERVICE CHANGES
The City reserves the right to make additions, deletions, revisions and/or otherwise modify the
General and Specific Landscape Maintenance Specifications or change the frequency of the
services during the contract period. A Request for Quote will be issued for additional service
work or one-time contract work. A change order will be issued with a two-week notice. Any
change in specification that causes the contractor to suffer additional expenses shall be adjusted
based on the Fee Schedule or negotiated upon written justification.
VANDALISM AND REPAIR OF DAMAGE
Contractor shall report to the City Representative(s) any damage to City property, including, but
not limited to, vandalism, natural disaster, and third-party negligence. If the Contractor, its
employees or subcontractors cause damage to any City facility, then the Contractor shall repair
such damage at its own cost within a reasonable time or the City may repair such damage and the
cost thereof shall be deducted from monies due to the Contractor from the City.
PROTECTION OF EXISTING SITES AND STRUCTURES
The Contractor shall protect from damage all existing sites, structures, and utilities both above
surface and underground on the City’s property. Any damage to City property deemed to be
caused by the Contractor’s negligence or failure to use due care shall be corrected or paid for by
the Contractor at no cost to the City.
If the City requests or directs the Contractor to perform work in a given area, Contractor shall
verify and locate any underground utilities. This does not release the Contractor’s duty to take
reasonable precautions when working in these areas. Any damage or problems shall be reported
immediately to the City.
SERVICE FREQUENCY AND SCHEDULES
Inspect and service every site based on the sample with once per week as a base standard.
Varying frequencies may be approved as necessary to ensure specifications and standards are
met.
7.2
p. 72 of 172
4835-2267-0361v1 LAC\04706083
-7-
The Contractor shall, within ten (10) working days before the effective date of the Contract,
submit a work schedule to the City’s representative(s) for review and approval. Work schedule
shall be based on a 12-month calendar identifying and delineating the time frames for the required
work by the day of the week.
The Contractor shall submit revised schedules/calendars when actual performance differs
substantially from planned performance. Revisions shall be submitted to the City’s
representative(s) for review and, if appropriate, approval would be granted within five (5)
working days prior to scheduled time for the work.
At the discretion of City staff, weekly inspection meetings will be held (or more frequently if
deemed necessary by the City) between the Contractor and the City representative(s). Meetings
are to be scheduled to determine progress, review weekly site inspections, and address any
changes in schedules, problem areas, etc.
Contractor shall notify the City, in writing via email, at least two (2) weeks prior to the date and
time of all pre-approved “Specialty Functions”. “Specialty Functions” are defined as:
Fertilization
Tree Trimming/Management
Aeration of Turf
Performance During Inclement Weather
During the periods that rainfall hinders normal operations, the Contractor shall adjust its
workforce to accomplish those activities that are not affected by weather. The prime factors in
assigning work shall be the safety of the workforce and damage to landscaping. Leaf and down
branch pickup and drain cleaning are a high priority. Contractor shall continue landscape tasks
that can be safely performed in the rain such as sidewalk pruning, low limb removal, or items that
the Contractor’s inspector discovers.
EXTRA WORK/EXCLUDED WORK
The following tasks shall be treated as extra work items:
Soil Testing
Major Tree Trimming. Major tree trimming is defined as work that requires an aerial lift,
tree climbing or work that is unable to be completed from the ground with a pole saw, or
a pole chainsaw.
Filling of holes in turf or shrub beds.
Major irrigation repairs such as controllers, mainline repairs, valve replacement, and
irrigation wire repairs, pumps, and backflow devices (see Irrigation).
Turf over seeding and top dressing will be handled by City staff.
Debell-Uvas Creek Park Preserve open space/channel, Christmas Hill Park Hillside, and
Overflow Parking Area shall be maintained by City staff.
Doggie Bag Dispenser maintenance and bags replenishment.
Recreation Program Support including ball field preparation.
Facility Reservation Support and Customer Response.
7.2
p. 73 of 172
4835-2267-0361v1 LAC\04706083
-8-
General park, playground, and building repairs.
Electrical system maintenance and repairs.
Raking and cleaning of playground surfaces such as sand and wood fiber shall be done by
City staff. Concrete surfaces around playground areas are to be cleaned (blown off)
during the service schedule by Contractor. Contractor will rake leaves and pick up
garbage and debris during the scheduled service day in the playground areas.
GARBAGE, LITTER AND DEBRIS REMOVAL
Garbage, litter, and debris shall be removed as needed to prevent citizen complaints and
prepare turf areas for mowing and general facility use. Trash containers shall be serviced
and emptied when 1/3 full or when there is a detectable odor.
Site Service Frequency is shown in Attachment B.
Litter and plant debris will be removed from landscaped, hardscape, and adjacent open
space areas on a regular basis to achieve neat, clean, and attractive facilities. Landscape
debris will not be blown into streets and left unless collection of such debris has been
previously approved and coordinated with City staff.
Heavy litter and garbage days will require that multiple service vehicles and staff be
provided. Aggressive mobile staffing levels for cleanup will be needed on Sundays,
Mondays, and the day after holidays are observed to ensure prompt removal of litter and
garbage at contract sites.
Shopping carts and garage sale signs in and on the perimeter of contract sites shall be
considered a part of the garbage and litter removal service. Functioning shopping carts
are to be placed in the corner of the employee parking lot. Non-functional shopping carts
are to be loaded into the metal bin at the Corporation Yard.
Disposal of garbage, litter, and debris shall be made at the City Corporation Yard
disposal areas and any available on-site trash dumpsters. Alternate yard waste disposal
sites other than the City’s Corporation Yard may become available and will be reported
to the Contractor by the City representative. Contractor shall also have dumping
capabilities so that waste can be kept inside the bunker at the City’s Corporation Yard.
Additional Garbage Cans – Contractor shall include in their price, an additional service of
50 additional garbage cans. These garbage cans will be purchased and installed by City
staff.
LANDSCAPE MAINTENANCE (FACILITIES, PARKS, TRAILS, SLOPE AREAS,
PARKING LOTS)
A. GENERAL (Items below to be completed per Service Schedule)
All animal feces or other materials detrimental to human health shall be removed
per the Service Schedule.
All broken glass and sharp objects shall be removed per the Service Schedule.
All areas shall be inspected per the Service Schedule and maintained in a neat,
clean, and safe condition at all times.
All areas shall have leave and debris removed per the Service Schedule.
All areas shall be inspected for vandalism, safety hazards, and serviceability per
the Service Schedule. Deficiencies shall be reported immediately to the City
Representative(s) via email.
7.2
p. 74 of 172
4835-2267-0361v1 LAC\04706083
-9-
All sidewalks within the City areas shall be swept or cleaned, if necessary, to
remove any glass or heavy debris.
All sidewalk areas abutting maintained areas shall be cleaned when soiled by
Contractor’s operations, and at other times, as required.
All leaves, paper, and debris shall be removed from landscaped areas and
disposed of offsite.
Trashcans provided by the City shall be emptied per the Service Schedule.
Contractor shall provide plastic liners for all trashcans at Contractor’s expense per
the Service Schedule.
All “V” drains shall be kept free of vegetation, debris, and algae to allow
unrestricted water flow.
All other drainage facilities shall be cleaned of vegetation and debris. All grates
shall be tested for security and refastened as necessary. Missing or damaged
grates shall be reported to the City.
B. HARD SURFACE AREAS
All areas shall be swept weekly to remove all deposits of silt and/or sand. Any
unsafe condition shall be removed upon discovery per the Service Schedule.
All areas shall be inspected per the Service Schedule and maintained in a neat,
clean, and safe condition at all times.
Tennis, handball, bocce ball, and basketball courts should be blown off according
to the Service Schedule as needed.
Park barbecues to be cleaned on Mondays and Fridays.
C. BICYCLE/WALKING TRAILS/ASPHALT WALKWAYS/TRAILS
Special emphasis shall be placed on edging along these areas to prevent damage
to asphalt by vegetation. Bicycle/walking trails shall be kept free of encroaching
vegetation. All trails should be kept weed free 24” from edge of trail. Trails to be
blown off as needed.
PLANT CARE
The latest edition of the Sunset Western Garden Book shall be the general guideline and
reference tool for care and maintenance of all plant material.
A. SHRUBS AND GROUND COVERS
Pruning will be done in a manner to enhance the natural form of the plant and
maintain the design intent for the landscape. However, there are, or can be
landscaped areas with security concerns that will require alternate pruning for
safety visibility. The City representative will notify Contractor of special pruning
sites.
Typically, shrubs which are planted along walls and fences should be maintained
in a manner which will allow the plant material to soften the hard, structural
feature.
Where the design intent is to have sweeps of shrubs, the plants shall be allowed to
grow together.
Keep shrubs and ground over 6”-12” from buildings, walls, trees, and shrubs.
Shrubs and ground cover shall not be allowed to encroach upon walks or curbs.
7.2
p. 75 of 172
4835-2267-0361v1 LAC\04706083
-10-
In some areas, it may be more appropriate to remove some shrubs entirely and
allow adjacent plant material to fill in rather than try to keep the plants in bounds
with repeated pruning.
City will provide a species-specific and site-specific pruning guideline appendix
for selected plants to the Contractor who is awarded the contract.
Examples of the City’s expectation of plant care are as follows:
i. Vines and overhead vegetation (up to 18’) on or over hanging
walls/boundary fences shall be trimmed from growing on private property,
i.e. back side of wall. This does not apply to existing vines that have
already overgrown. If adjacent property owner request ivy or vegetation
trimmed from the top of the wall, the Contractor shall be required to
remove it.
ii. Hedge plants shall be allowed to grow together.
iii. Rosemary and like ground covers to be cut back to 8-12” in height, except
where rosemary is already overgrown.
iv. Ornamental grass is to be pruned back during the winter months.
v. Ground cover roses are encouraged to grow together and are to be kept
under 24” in height.
vi. Spring flowering perennials are to be cut back after flowering.
Examples are Lavender and Daylilies.
vii. Oleanders on South Monterey are to be pruned back every two years.
viii. A three-foot radius of free space shall be maintained around all fire
hydrants. Low ground (under 6”) cover is acceptable.
ix. Allow plants to grow into their natural shape.
x. All shrubs and ground cover are to be trimmed not to interfere with
irrigation operation or to encroach onto private property or Right-of-Way.
Line of sight traffic safety issues as identified by the City’s Engineering
Department will also determine proper height and appearance.
B. TRIMMING AND CARE OF TREES
Qualified professional personnel shall perform all pruning. Only recognized an
approved methods, techniques, and standards shall be used. Trees pruned
improperly or damaged will be replaced by Contractor with plants of the same
appropriate size as determined by the City inspector.
All tree pruning shall conform to the Best Management Practices for Trees
published by the International Society of Arboriculture and adhere to the most
recent edition of the American National Standards for Maintenance Tree Care
Operations (ANSI A330)
Contractor shall raise trees as needed or directed by City staff and/or designated
representative.
Pruning of trees shall be done for the following conditions:
i. To maintain clearance for pedestrians (8’), roadways for vehicles (15’), or
from facilities (5’).
ii. Property line/boundary pruning for both balance and good neighbor
pruning for sound walls, parks, and pump station areas.
iii. To provide visibility site lines of pedestrians and motorists.
7.2
p. 76 of 172
4835-2267-0361v1 LAC\04706083
-11-
iv. To maintain walkways and maintenance bands free from obstruction
and/or safety issues.
v. To improve or enhance tree growth.
vi. To eliminate or reduce potentially unsafe conditions.
vii. To correct shape, particularly for wind disfigurements.
Remove no more than 20% of live foliage within the trees during one pruning
operation.
All cuts shall be thinning cuts as opposed to heading cuts. This means leaving a
lateral branch no less than 1/3 of the diameter of the parent branch, or completely
removing the branch at its point of origin.
All cuts shall be distal to the branch bark ridge, or if present, the branch collar.
The cuts shall be close to but shall not injure the branch collar.
Interior branches shall not be stripped out. Lion tailing is not permitted.
Contractor shall prune young trees under 18’ in height to develop permanent
scaffold branches, remove crossing branches, remove diseased or damaged
growth, or eliminate narrow branch crotches.
Major tree trimming is not included. Major tree trimming is defined as work that
requires an aerial lift, tree climbing or work that can’t be performed from the
ground with a pole saw or pole chainsaw.
Trees shall be inspected regularly for hazardous conditions. Corrective action
shall be promptly performed by the Contractor and the City shall be notified.
Contractor to coordinate with City staff on large pruning projects so that the City
can chip branches. A notification of ten (10) working days is required in non-
emergency conditions.
Periodic re-staking and tying shall be completed as needed. Plant ties shall be
checked frequently and adjusted to prevent girdling. Trees shall not rub against
stakes at any time. When trees no longer require the support of stakes, contact the
City for authorization to remove stakes and ties.
Young trees which are leaning due to underdeveloped truck caliper will be staked
at the direction of the City.
Fallen trees or branches shall be promptly removed. Promptly notify the City for
any large trees that are down.
C. PLANTING
Base planting to be used on existing plant type on landscape sites.
Material and labor to be included.
The City may request quotes on specific types and quantities of plants.
LANDSCAPED ROADWAYS, ROUNDABOUTS, AND MEDIANS
The Scope of Work for medians not only includes the landscaped areas but also those areas
of the median that are attached or directly adjacent to cobble/concrete hardscape per its
design. Noses and turn lanes are examples of this condition.
Non-landscaped medians that are not included in Attachment B are to kept weed-free
and litter shall be picked up weekly.
7.2
p. 77 of 172
4835-2267-0361v1 LAC\04706083
-12-
Plant material shall not be allowed to obstruct any site line of vehicular traffic and shall
be kept below 36” in height from the road surface in any areas where traffic site liens
may be impacted. City Traffic Engineer and Landscape Inspector may provide direction
as requested for proper maintenance.
Irrigation shall be adjusted and inspected as often as needed to ensure no unsafe condition
is created by irrigation run-off onto road surface or over spray onto vehicles.
Contractor is responsible for ensuring that all median maintenance is performed in a safe
manner and that no hazard is created by such operation.
All maintenance personnel shall wear Class 3 Safety Vests while working on medians. At
no time shall major work be performed in the roadway without City-approved Traffic
Control Plan and all required traffic control signage in place.
When closing a lane for landscape maintenance work, an electric sign board (arrow) shall
be used in high speed and/or high traffic areas i.e. Santa Teresa. Work shall only be
performed on the closed lane side.
Cones are to be bright orange in color. Old and faded cones are not acceptable and
should be replaced immediately.
Notify City staff via email when high speed or high traffic areas are to be serviced.
If the work to be performed in medians and roundabouts will take less time to complete
than the time it takes to set up traffic control, then no traffic control is necessary.
Examples of this would be weed spraying, litter control or irrigation maintenance.
TURF CARE
A. TURF MOWING
i. The Contractor shall not mow or use any equipment of turf areas when frost is
present or if the turf is saturated, or standing water is present. Mowing should not
begin until turf area is free of litter and trash.
ii. Mowing shall be accomplished with rotary mulching mowers. Blades shall be
kept sharp to produce a clean cut. Mowers shall be kept clean and free of fuel, oil,
hydraulic fluid, and grease leaks.
iii. Mowing equipment shall be washed between sites to minimize the spread of weed
seeds.
iv. Mowing patterns shall be alternated to avoid creating ruts and compaction.
v. Use caution when mowing berms or uneven aeras to avoid scalping turf. Rodent
dirt mounds need to be knocked down, spread, or removed so as to reduce turf
loss until rodent activity is abated
vi. Mowing shall typically be performed as needed from December through March
and at least weekly from April through November. This is only a guide and will
vary based on weather. Mowing shall be frequent enough so that no more than
1/3 of the leaf is removed at each mowing. During active growing season,
mowing may need to be done twice weekly on play fields. Mowing height shall be
3 ½ unless otherwise directed by City staff. Sports Field mowing heights may
change during seasonal play.
7.2
p. 78 of 172
4835-2267-0361v1 LAC\04706083
-13-
vii. All clippings shall be efficiently mulched to leave no visible trace or picked and
removed only when necessary. Clippings are to be removed and brought to a
designated dumping site. At no time shall unsightly clippings be left before
vacating site following mowing operation.
viii. Contractor shall have a spare mower of comparable size available within 24 hours
of a mower breaking down.
ix. Keep grass clippings away from waterways and out of the street.
x. Contractor shall mow the Gilroy Sports Park, Christmas Hill Park, Las Animas
Veterans Park (LAVP) and other little league sites twice a week for maximum
playability as directed by the City Representative(s).
B. TURF AERATION
i. All turf (not including the no-mow turf) shall be core aerated in
September/October and again in April.
a. Cores should be reincorporated into the turf.
b. Core size should be ½” in diameter
c. Alternate methods of relieving compaction may be authorized by the City.
ii. Prior to any cultivation activity, all irrigation heads, valves, and utility boxes
shall be flagged. The soil shall be allowed to dry prior to cultivation.
C. EDGING
i. When turf abuts concrete walkways or concrete mow band, turf shall be edged
with a metal blade edger. If a spin trimmer is required to edge around utility
boxes, or wooden header boards, it shall be held so that the cut is vertical. A
bevel cut will not be used.
After mowing or edging hardscape (walks/drives/patios/streets) shall be swept or
blown clean. Debris will not be left in street gutters or removed before vacating the
site.
ii. Tree wells are to be maintained with a neat turf edge and wells shall be kept weed
free.
iii. Chemical edging shall not be used anywhere.
D. TURF FERTILIZATION
i. Fertilization schedule for all turf shall be as follows:
a. March/April 44-0-0 Polyplus SL
b. Late August, Early September 16-8-8
c. October/November 44-0-0 65% Polyplus SL Urea
d. If Contractor wishes to deviate from this schedule, Contractor will submit
a new fertilization schedule to the City representative(s) explaining the
need for the change.
ii. Granular gypsum at a rate of 5 lb/1000 Square Feet will be applied to the Gilroy
Sports Park and Christmas Hill/Ranch sites in September/October.
7.2
p. 79 of 172
4835-2267-0361v1 LAC\04706083
-14-
iii. Granular sulfur at a rate of 5 lb/1000 Square Feet will be applied to the Gilroy
Sports Park and Christmas Hill/Ranch sites in September/October
iv. The above is a guide and may be adjusted based on turf conditions and weather.
v. Fertilizer use shall be reported with pesticide use.
E. TURF PEST CONTROL
i. Weeds – The Contractor is to submit a turf weed control plan that will lead a
substantial reduction in turf weeds. This turf weed control plan is to be submitted
to and accepted by the City. Failure of Contractor to apply herbicides according
to the plan will result in “service not provided” actions. No pesticides, herbicides,
or other chemicals may be used in or around Low Impact Development Structural
Control Measures such as bioretention ponds, bio-swales, or infiltration ponds of
any kind.
PEST CONTROL
Non-Turf Weed Control Plan – Develop an annual weed control plan that would
produce a cost- effective approach that also provides high quality results for shrubs and
ground cover, annual flowers, bicycle/walking trails, open space edges/post and
cable/fence lines and hardscape (cracks and crevices) including sidewalk and curb and
gutter frontages. Control weeds with pre- emergent herbicides and selective systematic
herbicides or through mechanical means, i.e. mowing, hoeing, and weed whipping.
Village Green Park Site and open space areas west of Hecker Pass Park along Uvas
Creek Bike Trail (Debell & Uvas Creek Linear Park) – Sites are to be mowed after
wildflower bloom by June 1st and as needed after first mowing. Develop a plan to
eliminate Yellow Star Thistle, Dittrichia graveolens, and other invasive weeds which will
allow wildflowers to thrive.
Written Pest Control Recommendations – A written pest control recommendation
from a licensed pest control advisor will be required for all pesticide applications. The
Contractor shall provide copies of all recommendations to the City at least five (5)
working days prior to application. Recommendation shall take into consideration
drainage to waterways (Uvas Creek), drain inlets, and adjacent schools. Recommendation
shall evaluate pesticides used and application activities performed. The recommendation
should also identify pollution prevention and source control opportunities.
Prohibit application of pesticides, herbicides, and fertilizers as required by DPR 11-004
Prevention of Surface Water Contamination by Pesticides enacted by the Department of
Pesticide Regulation. No spraying shall be within 48 hours of predicted rainfall with
greater than 50% probability as predicted by the National Oceanic and Atmospheric
Administration (NOAA).
Collect and properly dispose of unused pesticides, herbicides, and fertilizer containers.
Spraying of weeds in playground areas is strictly prohibited. Weeds are to be manually
removed. Reoccurring unwanted plants (i.e. berry bushes, poison oak) are to be sprayed
to kill plant roots or removed by digging up system.
Trees in Turf – Maintain a minimum of a 3’ weed free radius.
Product Use Summary – Prior to the 15th of each month, the Contractor shall provide the
City a summary of pesticides used the prior month. Contractor is to provide the product’s
7.2
p. 80 of 172
4835-2267-0361v1 LAC\04706083
-15-
Environmental Protection Agency (EPA) registration number as well as the amount of
product used.
Posting – Post all entry areas with spray notices when showing intent to spray public use
areas. Verbally notify public visitors when spot spraying when in the area. Remove
facility spray notices when spraying is complete unless product label requires different
posting requirements.
Molluscicides should be iron phosphate based or other City approved control.
Rodenticides applied for gopher control must be applied into underground burrow.
Rodenticides applied for ground squirrel control must be placed into secure bait stations.
The City must approve bait station design and location. Applicators applying restricted
use rodenticides must hold appropriate licensing.
Pest Control Licensing – The Contractor shall have a qualified person who holds the
appropriate California Department of Pesticide Regulations licensing oversee all pesticide
applications. If restricted materials are used, the applicator must be licensed.
Trails – Keep all trails shoulders free of weeds 2’ from any trail hardscape edges.
Concrete fences shall be kept weed free 12” into preserve areas. This work will be
charged as extra.
Minimal insect control is practiced and is to be handled on a case-by-case basis.
Contractor shall make the City aware of any pest problems and provide the City with a
pest control recommendation along with a quote for future work. The City will not be
charged for this service. Minimal disease control is practiced and is to be handled on a
case-by-case basis and charged as extra.
Rodent Control
A. All mounds, burrows, or other minor damage shall be discovered in a timely
manner and repaired by Contractor. Rodent problems should be identified and
reported to the City in their early stages as part of weekly inspections before
causing critical damage to areas. Lack of early discovery will be considered
negligence on the part of the Contractor. Depending on the scope of the problem,
rodent control in the form of baiting or trapping will be recommended and work
will be subsequently scheduled.
B. Gopher
The Contractor shall obtain a written pest control recommendation from a
licensed Pest Control Advisor for baiting for gopher control. All bait shall
be placed below ground in the burrow system. Any spilled bait shall be
promptly picked up. Any deceased gophers found on the surface shall be
collected and properly disposed of.
If trapping is to be used, all State Regulations must be followed.
Contractor shall notify and obtain City approval on sites and locations.
The Contractor shall comply with all other provisions of pesticide
requirements.
The Contractor shall promptly remove or disperse any soil mounds
discovered on the turf.
City to work with contractor to set up bait station for squirrels if necessary.
7.2
p. 81 of 172
-16- 4835-2267-0361v1 LAC\04706083
No use of chemical control measures for rodents in Low Impact
Development Structural Control Measures such as bioretention ponds, bio-
swales, or infiltration ponds of any kind is not allowed
C. Most landscape site rodent control shall be handled on a case-by-case basis and
coordinated with the City representative. Contractor shall provide a cost to
include 100 site visits per year on the Attachment B Fee Schedule. Work will be
performed on a “call out basis”.
D. The following parks will require site visits and treatments every other week at
minimum to mitigate gopher and mole activity:
Carriage Hills Park
Casper Park
Christmas Hill Park/Ranch
Farrell Park
Hecker Pass Park
Las Animas Veterans Park
East & West Debell Uvas Linear Park
San Ysidro Park
Gilroy Sports Park
Village Green Park
E. Contractor will fill bait stations at Gilroy Sports Park (2) and Christmas Hill Park
(2) as needed. The City will work with Contractor to set up additional bait stations.
No above ground squirrel bait is to be used.
F. No use of chemical control measures for rodents in Low Impact Development
Structural Control Measures such as bioretention ponds, bio-swales, or infiltration
ponds of any sort are permitted under this agreement.
IRRIGATION
The Contractor shall have a designated Irrigation Technician on site who will exclusively
work on irrigation.
Contractor and its employees shall inspect and test all irrigation systems for system
operability, component malfunctions and adjust schedules to address weather changes
and irrigation requirements on a biweekly basis. Any signs of irrigation malfunctions will
be immediately addressed, and system checks will become as frequent as necessary to
ensure problems are fully resolved without any further damage. These inspections may
also become more frequent in certain areas that are under observation due to chronic
malfunctions or vandalism. Between November 1st and March 1st, if systems are turned
off due to weather conditions, monthly inspections will be acceptable for ensuring that no
damage has been rendered to the systems.
After Valve – The Contractor shall be responsible for all labor for the irrigation repairs
after the valve including the solenoid, rebuilding of the valve, lateral lines, sprinkler
heads, and including adjustment to sprinklers. Contractor to bill the City for all irrigation
material costs plus a 15% markup.
Before Valve – Replacement of remote-control valves, rebuilding or replacement of
quick couplers, flow control valves, master valve, backflows and mainline repairs are not
included and shall be billed to the City at an hourly rate basis or on a bid basis. The
City’s representative will approve work to be done on a case-by-case basis. All irrigation
materials used will be charged to the city at cost plus a 15% markup.
7.2
p. 82 of 172
-17- 4835-2267-0361v1 LAC\04706083
An irrigation audit shall be finalized during the winter months listing all extra work to be
completed to improve system efficiency, i.e. raised heads, upgrading of nozzles. This
audit shall be delivered to the City representative at a date to be later determined.
Under no circumstances can a system go unchecked long enough to cause any problems
with startup when weather conditions warrant systems to be fully operational. Contractor
shall set and program automatic controllers for seasonal watering requirements.
Non-Central Station Controllers – The Contractor will be responsible for adjusting non-
central controllers. A sign-in sheet shall be placed inside each irrigation controller box
that is identified by date and signature each time the system is inspected or adjusted. All
inspections shall include an inspection of the controller(s).
All replacement materials are to be with new original types and model’s materials unless
a substitute is approved by the City representative.
Contractor shall implement repairs in accordance with all effective warranties and no
separate payment shall be made for repairs on equipment covered by warranty.
Notify the owner in writing of any conditions that are discovered which may prevent the
system from delivering the correct amount of moisture.
Adjust risers and sprinkler locations to compensate maturing landscape. This work shall
be completed at an additional cost. The Irrigation Technician shall notify City staff of
needed work. Reflect actual evapotranspiration (E.T) requirements and requirements of
soil and plants when programming controllers.
Eliminate runoff onto streets, sidewalks, and other non-target areas by using Cycle/Soak
when programming controllers.
Provide sufficient time for soil to dry out between irrigations.
Program controllers to maximize public use of City property.
Repairs of any irrigation components or property damaged by Contractor as a result of
negligence, error or omission by Contractor shall be the full responsibility of the Contractor.
Remote Control Valves – A variety of RCVs are utilized throughout the City. The
predominant valve is the Weathermatic 21000. The Griswold 2000 is used at El Roble
Park, San Ysidro Park, and Las Animas Park. Portions of Las Animas Park also use the
Rain Bird PEB. Griswold S-Series valves are used at the Las Animas Fire Station and the
Gilroy Historical Museum. If an S-Series valve requires replacement, it will be changed
out to a PEB. Carriage Hills Park and Sunrise Park both use the Hunter ICV. If a valve
requires replacement, contact the City representative for a determination as to which
valve to use.
Quick Coupler Valves – The standard quick coupler valve is the single slot Rain Bird 44
or Buckner QB44RC10. A few 3/4” valves may be found in some older sites. 1” Acme
Thread Valves are used on recycled water lines at Gilroy Sports Park and Christmas Hill
Park. Quick couplers repair is a City responsibility.
Master Valves & Flow Sensors – Master valves used are normally open Superior 3300.
Del Rey Park and the Ranch Site use Griswold normally open 2160 valves. Rainbow Park
and Leavesley at Arroyo Circle use normally closed valves. Master valves and flow
sensors are the City’s responsibility to repair.
7.2
p. 83 of 172
-18- 4835-2267-0361v1 LAC\04706083
Fixed Spray Heads
i. The standard pop-up fixed spray head is the Rain Bird 1800 Series SAM-PRS. The
12” pop- up is generally used in ground cover, shrub, and bedding plant areas. 4”
has been used in turf. If it is necessary to replace a 4” body in a turf area, it should
be upgraded to a 6” pop-up.
ii. Hunter 12” INST pop-up heads were used at several sites. If new internal piston
assemblies are needed for these, contact the City representative. The City will
provide these while supplies last. After supplies are depleted, consideration will
be given to changing to Rain Bird heads as needed when making repairs.
iii. All heads used on recycled water liens must be equipped with purple caps.
iv. Casper Park uses Toro Precision nozzles.
Rotor Sprinklers – A variety of rotor heads are used in the City systems. Some sites are
slowly being upgraded as heads require replacement. The predominant heads are Rain
Bird 6540 and 8005. From the Hunter line, the I-40, I-20, and I-60 are used by the City.
Heads used on recycled water systems must have purple caps. If heads are changed,
ensure that the appropriate-sized nozzle is used. The assumption should not be made that
the nozzle size in place is always correct.
Drip
i. Drip irrigation is used in the medians on Santa Teresa and Tenth Streets as well as
at City Hall, the Library, and at Wheeler. Generally, when drip is used, a 1/2”
inline emitter product such as Agrifim or Netafim is preferred. Purple drip line
must be used on the gray water system at the Library. When making repairs on
these systems, verify that the product used has the appropriate flow rate. Amiad is
the filter that is typically specified and when possible, is installed on the supply
side of the valve. Senninger, Nelson, or other approved product are the pressure
regulators that are used.
ii. Newer sites at the City such as Casper Park, Hecker Pass Park, 3rd, and Santa
Teresa Roundabout, Luchessa and Thomas Roundabout, and the Luchessa
Soundwall and median use buried inline drip.
Flow Sensors – Data Industrial (Badger) flow sensors are used at many sites.
Pumps - A variety of pumps are used in the system. The pumps at Del Rey Park, Ranch
Site, and the Oakbrook Soundwall on Luchessa at Thomas Road are operated by the
controller. All others start automatically on pressure drop or flow. Pump maintenance
will be managed by the City.
Controllers and Programming
i. The standard controller used on City facilities is the Rain Master Evolution DX2.
Most of these are linked to a certain station computer at the City’s Corporation
Yard. There are a few small sites with standalone Rain Bird, Hardy or Irritrol
controllers. There are two sites with battery operated controllers. Most of the on-
line controllers are linked to flow meters and master valves and will shut down the
system if high or unscheduled flows are detected. Low flow and electrical faults
are also detected by the central system. The central controller is linked to an on-
site weather station and that data is used to adjust station run times and shut down
during unfavorable weather events. The landscape contractor is expected to
communicate with City staff regarding site irrigation needs and to program
standalone controllers. The Contractor is also responsible for promptly shutting
down standalone controllers as needed during rain events. The City will service
irrigation controllers.
7.2
p. 84 of 172
-19- 4835-2267-0361v1 LAC\04706083
ii. City staff will program controllers which are on-line with the central system.
Irrigation programming will be coordinated around facility use.
iii. The general guide for irrigation is to water deeply but infrequently. The soil
surface should be allowed to dry between irrigations. Typically, three irrigations
per week is sufficient for turf. Irrigation schedules must consider public use of the
facility and hydraulic capacity of the systems. Irrigation programming will be
coordinated with the City.
iv. The Contractor is expected to communicate with City staff regarding site irrigation
needs and to program standalone controllers. The contractor is also responsible
for promptly shutting down standalone controllers as needed during rain events.
The City will service irrigation controllers.
v. Upon completion of work, verify that all cabinets are properly locked before
leaving the area. Due to the potential damage to systems from leaving a cabinet
unlocked, this type of infraction will be considered an egregious act of negligence
by the Contractor.
vi. When site irrigation is checked or serviced, the Irrigation Technician shall sign
and fill out the Controller Maintenance Sheet provided in each controller.
vii. The Contractor is expected to communicate with City staff regarding site irrigation
needs and to program standalone controllers. The contractor is also responsible
for promptly shutting down standalone controllers as needed during rain events.
The City will service irrigation controllers.
viii. Upon completion of work, verify that all cabinets are properly locked before
leaving the area. Due to the potential damage to systems from leaving a cabinet
unlocked, this type of infraction will be considered an egregious act of negligence
by the Contractor.
ix. When site irrigation is checked or serviced, the Irrigation Technician shall sign
and fill out the Controller Maintenance Sheet provided in each controller.
Recycled Water – Gilroy Sports Park, Hecker Pass Park, Village Green Park, Christmas
Hill Park, Ranch Site, and 3rd Street/Hecker Pass Landscaping are all irrigated with
recycled water. This is disinfected tertiary treated wastewater which is provided by the
South County Regional Wastewater Authority. All irrigation water used at the Ranch is
recycled water. The main Christmas Hill Park site uses a mix of domestic water station
with the exception of the full circle stations on the major and minor ball fields which are
irrigated with recycled water. At the Sports Park, the infield turf is irrigated with
domestic water. All other irrigation at the Sports Park is recycled.
Gray Water – The library landscape is irrigated with gray water. The water is treated;
however, it is not disinfected. The water is used for drip and bubblers only. The gray
water may not be sprayed or otherwise discharged to the surface. The gray water
irrigation main line is under continuous pressure. Drip line, bubblers and piping used for
gray water shall be colored purple. Valves used for gray water shall be tagged as non-
potable. The City will maintain the gray water treatment tanks and pumps. Employees
working on the gray water system must be advised of precautions to use.
Care for Storm Water Elements – Low Impact Development Structural Control
Measures (LID SCMs). There are three small bioretention ponds on Babb’s Creek.
i. Bioretention Features and Maintenance & Operations work includes:
Report and fix any pedestrian paths that develop. Contractor shall work
with the City to rectify the problem.
Remove all trash and debris on service schedule.
7.2
p. 85 of 172
-20- 4835-2267-0361v1 LAC\04706083
Fix rodent holes and erosion with proper materials per design specs.
Manually remove all weeds.
Trim overgrown plants that are blocking the inlets or outlets, or if
they are growing into the public right-of-way.
No pesticides, herbicides, or other chemicals may be used in or
around the bioretention features.
Remove sediment buildup at the bottom of the bioretention feature.
Sediment buildup of over 1 cubic yard shall be removed by the City.
Replace dying or dead vegetation as needed. Plant replacement is not
included in this contract. Contractor shall notify the City of dying or dead
vegetation. City will contract with Contractor to replace plants.
Adjust irrigation schedule, if needed, for healthy plants.
Report and remediate odors. If there is an odor problem, Contractor shall
notify the City representative. Contractor will work with City to correct
the problem.
Report and fix any pedestrian paths that develop. Contractor shall notify
the City to the presence of any pedestrian paths that develop. Contractor
shall work with the Contractor to rectify the problem. Control rodents in
bioretention features by non-chemical means.
ii. Bioswales (Along 3rd St and Hecker Pass Park) features work includes:
Water must flow downstream to inlet. Confirm there is no evidence of
long-term ponding which causes dying plants and/or bare spots at the
bottom of the swale.
Fix any flow paths that develop.
Remove all trash and debris on service days.
Fix rodent holes and erosion with proper materials per design specs.
Manually remove all weeds.
Trim overgrown plants that are blocking the inlets or outlets, or if
they are growing into the public right-of-way.
No pesticides, herbicides, or other chemicals may be used in or
around the swales.
Remove sediment buildup at the bottom of the swale. Sediment buildup of
over 1 cubic yard shall be removed by the City.
Fix ponding by replacing soil per design specs. This shall be done by the
City or Contractor shall be mobilized to make repairs.
Replace dying or dead vegetation, as needed. Plant replacement is not
included in this contract. Contractor shall notify the City of dying or dead
vegetation. City will work with Contractor to replace plants.
Adjust irrigation schedule, if needed, for healthy plants.
Report and remediate odors. If there is an odor problem, Contractor shall
notify the City representative. Contractor will work with City to correct
the problem.
Report and fix any pedestrian paths that develop. Contractor shall notify
the City to the presence of any pedestrian paths that develop. Contractor
shall work with the City to rectify the problem.
Control rodents in bioretention features by non-chemical means
7.2
p. 86 of 172
-21- 4835-2267-0361v1 LAC\04706083
iii. Garlic Festival
The Garlic Festival has been suspended indefinitely. Should the Garlic
Festival be reinstated during the effective period of this contract,
Contractor will coordinate with the City with pre and post festival service
level changes during the two-week impact of this special event.
LOCKS, DEFICIENCY, SEVERANCE AND TERMINATION
Locks and Keys
The Contractor shall be responsible for the series of keys assigned to them and shall assign these
keys to its personnel for use in maintaining the facilities. The Contractor shall properly use and
keep safe, all keys or locks issued or used by the City to the Contractor.
The Contractor shall report all lost or stolen keys or locks to the City representative(s) within 24
hours after discovery of the loss. The Contractor shall reimburse the City for the total cost, as
determined by the City, of replacing the lock and rekeying the site or duplicating additional keys
Upon termination or cancellation of the contract, the Contractor shall immediately return all keys,
cards, remote controls, etc., to the City. The Contractor shall reimburse the City for the total cost,
as determined by the City, for the total cost of keys not returned.
Deficiency Notice Procedures
i. Deficiencies will be recorded and presented to the Contractor via e-mail, fax, or
United States Postal Service (USPS). The Contractor shall respond within 24
hours with a plan to remedy and to prevent future occurrence. Contractor will be
responsible for providing follow-up documentation. Contractor supervision is
responsible for re-inspection of the problem areas before notifying the City the
problem has been resolved.
ii. Contractor’s management team must be available for face-to-face meetings called
by the City within 48 hours of notification.
iii. Failure to resolve the problem will result in a written vendor non-compliance
report seeking a written response from the Contractor’s management outlining a
permanent resolution to the problem. Patterns of complaints, which may indicate
the Contractor’s failure to adequately staff, train and supervise, shall warrant a
face-to-face meeting with the highest level of the Contractor’s management
deemed necessary by the City in order to clarify the Contractor’s obligations and
produce a written work plan and time frame for remedying the deficiencies.
iv. Any work that the Contractor failed to perform that the City had to complete on
Contractor’s behalf will be subject to a reimbursement request (labor and
equipment) to Contractor. An example of this would be the Contractor failing to
mow the turf as scheduled after which, the City completes the work and back
charges the Contractor.
Right of Severance and Termination
i. Remove Worker – The City shall have the right to request removal of any
specific Contractor worker from City contract properties for any of the following
reasons:
The worker is deemed by the City to be incompetent or negligent based on
the worker’s inability to execute required project tasks.
7.2
p. 87 of 172
-22- 4835-2267-0361v1 LAC\04706083
The worker fails to adhere to the City’s standards.
The worker engages in misconduct.
ii. Termination – The City reserves the right to terminate this contract with the
Contractor upon ten (10) days advance written notice should Contractor fail to
meet the obligations of the contract as noted above. Such failures include, but are
not limited to:
Consistent failure to respond to requests for service or to remedy contract
deficiencies,
Consistent failure to provide qualified, trained workers and
supervisors,
Contractor failure to keep City informed.
iii. Back Charges – City will bill Contractor for work not performed where City staff
had to fill in.
ONSITE SAFETY
Maintenance and Operation of Equipment and Vehicles
The Contractor shall take necessary precautions for the safe operation of equipment and the
protection of the public from injury and damage from such equipment and vehicles. Contractor
shall repair or replace, immediately, all equipment deemed by City to be unsafe, irreparable or in
unsatisfactory condition. All vehicles shall have the contractor’s name visible to the public.
Contractor shall operate equipment and vehicles to minimize service vehicles driving off
pathways and hardscape onto turf and planters with irrigation and plants to prevent damage.
Contractor shall use street frontages and parking areas rather than pathways and sidewalks when
possible while operating vehicles in contract sites.
String Trimmers
Contractor shall train staff and operate all string trimmers in a safe manner. Training shall include
proper techniques in avoiding flying debris and protecting staff, pedestrians, and vehicles from
harm. Care shall be exercised with regard to the use of string trimmers to prevent damage to
building surfaces, walls, header board, light fixtures, signage, etc. String trimmers shall not be
used around trees. A 2’ to 3’ soil buffer zone shall be maintained around the circumference at the
base of all trees, unless otherwise directed by City. Any trees damaged by string trimmers or
mowers shall be replaced at no additional cost to the City.
Reference Materials
The following documents will be used to apply best and proper landscape practices and procedures
unless otherwise specified or instructed. All specifications for materials to be used and
construction guidelines will be based on the City of Gilroy Construction Standards unless
otherwise noted and/or approved.
Sunset New West Garden Book (Latest edition)
Standard Practices of the International Society of Arboriculture
Cal-OSHA Requirements
The Contractor shall comply with all provisions of the California Occupational Health and
Safety Act (OSHA), taking all precautions in the performance of the service to prevent injury to
persons and property.
7.2
p. 88 of 172
-23- 4835-2267-0361v1 LAC\04706083
Accident Reporting
The Contractor shall immediately notify the designated City representative(s) of any accident,
regardless of whether or not injury or damage is evident, involving the public and the
Contractor’s staff, vehicles, and/or equipment. The Contractor shall provide all written reports
and/or documentation requested by the City.
MANAGEMENT AND SUPERVISION
The Contractor shall provide fully trained and qualified personnel. The staff activity will be
closely monitored by City representative(s) at each site to detect operational irregularities and
non-compliance with the Contract. It is the responsibility of Contractor’s executive, management,
and supervisory staff to oversee the activities of its staff throughout the range of its activities of
all contract sites. The City will not supervisor the Contractor’s supervisors or employees.
All Supervisors must be qualified, proficient in English, trained and capable of providing
adequate supervision and direction of all staff and must demonstrate verbal and written
communication skills sufficient for the work required herein.
The Contractor’s crew leader and operational staff, in addition to their supervisory and
management staff, shall be knowledgeable in this contract and its timelines. An outline of the
task requirements, schedule and timelines for each site shall be kept with each crew. If any task
cannot be thoroughly completed within the contract schedule, the City’s representative shall be
notified promptly in the prescribed manner established at contract startup.
Contractor shall be expected to take reasonable care to identify and report conditions,
situations, and occurrences which may be harmful or result in decline of plant material or
landscape or interfere with public use. If this care is not exercised, then repair of resultant
damage to landscape or plant material shall be the responsibility of the Contractor.
Contractor is to incur all costs to assess, repair, or replace any physical property damaged as a
result of Contractor’s negligence or failure to take reasonable care to identify and report potential
problems with the landscape.
Contractor shall inspect and identify any condition(s) that enders any portion of a site unsafe, as
well as any unsafe practices occurring thereon, and shall immediately notify the City
representative(s) of any unsafe or undesirable condition(s). Contractor shall take emergency
safety actions to protect worker and/or the public from a developing or observed hazardous
conditions. Safety action taken by the Contractor not related to normal contract services shall be
appropriately compensated by the City when justified in writing and include any public safety
call for service report number.
The Contractor shall make minor corrections including, but not limited to, filling minor holes in
turf and activity areas, using barricades or traffic cones to alert the public to the existence of
hazards, replacing Contractor-damaged valve box covers, and securing any damaged apparatus to
protect members of the public or others from injury.
If needed, the Contractor shall assist the public by calling emergency assistance while at the site.
The Contractor shall cooperate fully with the City in the investigation of any injury or death
occurring at any site, including a complete written report.
7.2
p. 89 of 172
-24- 4835-2267-0361v1 LAC\04706083
During all operations, the Contractor shall comply with local ordinances regarding noise levels.
Any scheduling of the Contractor’s operations may be modified by City at no additional
compensation to Contractor to ensure that the public is not unduly impacted by the noise of
equipment or operations.
7.2
p. 90 of 172
4835-2267-0361v1 LAC\04706083 -25-
EXHIBIT "C"
MILESTONE SCHEDULE
Service Frequency and Schedules
Inspect and service every site base on the sample with once per week as a base standard.
Less frequent or more frequent services may be approved as necessary to insure
specifications and standards are met.
The Contractor shall, within ten (10) working days after the effective date of the
Contract, submit a work schedule to the City's representative(s) for review and approval.
Said work schedule shall be based on a twelve-month calendar identifying and
delineating the time frames for the required work by the day of the week, morning or
afternoon.
The Contractor shall submit revised schedules / calendars when actual performance
differs substantially from planned performance. Said revisions shall be submitted to the
City's representative(s) for review and, if appropriate, approval, within five (5) working
days prior to scheduled time for the work.
At the discretion of City staff, weekly inspection meetings will be held(or more
frequently if deemed necessary by the City) between the Contractor and the city
representative(s) are to be scheduled to determine progress, review weekly site
inspections and address any changes in schedules, problem areas, etc.
Contractor shall notify the City, in writing (email), at least two (2) weeks prior to the date
and time of all pre-approved "Specialty Functions." "Specialty Functions" are defined
as:
a. Fertilization
b. Tree Trimming/Management
c. Aeration of Turf
Performance during Inclement Weather
During the periods that rainfall hinders normal operations, the Contractor shall adjust its
workforce to accomplish those activities that are not affected by weather. The prime
factors in assigning work shall be the safety of the workforce and damage to landscaping.
Leaf and down branch pickup and drain clearing are a high priority. Rainy days are not
an excuse to pull workforce from city. Contractor shall continue landscape tasks that can
be safely preform in the rain. Such as sidewalk pruning, low limb removal, or items that
city contractor inspector points out.
Sites and On-Call services are also itemized under Exhibit "D" (payment/fee schedule).
7.2
p. 91 of 172
4835-2267-0361v1 LAC\04706083 -26-
EXHIBIT “D”
PAYMENT SCHEDULE
Billing to be submitted monthly at the completion of work with payments to be issued within 30
days of receipt.
7.2
p. 92 of 172
4835-2267-0361v1 LAC\04706083 -27-
7.2
p. 93 of 172
4835-2267-0361v1 LAC\04706083 -28-
7.2
p. 94 of 172
4835-2267-0361v1 LAC\04706083 -29-
7.2
p. 95 of 172
4835-2267-0361v1 LAC\04706083 -30-
7.2
p. 96 of 172
City of Gilroy
STAFF REPORT
Agenda Item Title:Introduction of an Ordinance of the City Council of
the City of Gilroy Adjusting Future Mayor and City
Council Member Salaries
Meeting Date:September 9, 2024
From:Jimmy Forbis, City Administrator
Department:Administration
Submitted By:Bryce Atkins, Assistant to the City Administrator
Prepared By:Bryce Atkins, Assistant to the City Administrator
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Council:
1. Motion to read the ordinance by title only and waive further reading of the
ordinance; and
2. Introduce an ordinance of the City Council of the City of Gilroy adjusting future
mayor and city council member salaries.
BACKGROUND
At the April 8, 2024 regular meeting of the Gilroy City Council, staff presented to Council
a potential adjustment to the compensation for future mayor and city council member
salaries. The triggering reason for this item was the passage and signing into law of
Senate Bill (SB) 329, which increased the amount of compensation that general law
cities were authorized to pay to their council members.
The stated purpose of SB 329 was that increasing the compensation levels “help city
councils become more diverse because increased compensation can help individuals
8.1
p. 97 of 172
Introduction of an Ordinance of the City Council of the City of Gilroy Adjusting Future Mayor and
City Council Member Salaries
City of Gilroy City Council September 9, 2024
from across different income levels receive sufficient income from their service to help
ensure that they can continue to serve the public and support their families”1.
At the April 8, 2024 meeting, the City Council after deliberation issued direction to
proceed with the process to increase compensation for city council members to the SB
329 rate of $1,600 per month and increase the mayor’s compensation to 50% higher
than that rate, consistent with the current practice of the City.
ANALYSIS
The City of Gilroy is a charter city and is not bound to follow this legislation. Monthly
compensation for general law cities of similar size was increased to $1,600 in SB 329.
With a current monthly compensation for Gilroy City Council Members set at $1,022, the
City of Gilroy is compensating its council members 56.6% below that amount which is
now allowed of general law cities.
By increasing the compensation, the current City Council would be addressing the intent
of state legislation to better offset expenses for those who may serve as a future
member of the City Council, and thereby potentially enhancing the diversity of
candidates for office, as cited in SB 329.
Currently, the total Council salaries budgeted for Fiscal Year 2025 is $89,289. The
proposed increase would total an additional $52,020 in fiscal impact. Below is the
amount of the increase:
Current
Monthly
Stipend
Number
of Seats
Current
Monthly
Total
Current
Annual
Total
Council Member $1,022 6 $6,132 $73,584
Mayor $1,533 1 $1,533 $18,396
$7,665 $91,980
Proposed
Stipend
Number
of Seats
Proposed
Monthly
Total
Proposed
Annual
Total
Council Member $1,600 6 $9,600 $115,200
Mayor $2,400 1 $2,400 $28,800
$12,000 $144,000
Total Difference $4,335 $52,020
1 From the recitals of SB 329, as adopted.
8.1
p. 98 of 172
Introduction of an Ordinance of the City Council of the City of Gilroy Adjusting Future Mayor and
City Council Member Salaries
City of Gilroy City Council September 9, 2024
Although the total annual increase would be $52,020, only $26,010 would actually be
increased in the current fiscal year, as the new rate would only apply beginning January
1, 2025, halfway through the current fiscal year. The annual amount would be
established, along with any CPI increase pursuant to adopted Ordinance No. 99-01, for
inclusion in the next budget cycle.
ALTERNATIVES
Council may modify or reject the ordinance. Not recommended. The amounts were
deliberated by Council in April with direction for the proposed compensation adjustment
to return for consideration. Establishing adequate compensation for losses due to time
off from gainful employment to serve at Council meetings as well as on assigned boards
and commissions may provide opportunities for those who wish to serve on Council in
the future, but who might otherwise not be able to due to the financial impact of service.
FISCAL IMPACT/FUNDING SOURCE
$52,020 from the General Fund ongoing, increased by the Consumer Price Index. The
amount incurred in Fiscal Year 2025 is only $26,010 and will be absorbed within
existing appropriations. The full increase will be included in future budget proposals to
Council as part of the next budget cycle.
PUBLIC OUTREACH
This item was discussed previously at the public, regular meeting of the Gilroy City
Council on April 8, 2024. Additionally, the matter was included on the publicly posted
agenda for this meeting.
NEXT STEPS
Should Council vote to introduce the ordinance, the ordinance will return to the next
regularly scheduled meeting of the City Council for adoption.
Attachments:
1. Proposed Ordinance.
2. Staff report from the April 8, 2024 regular City Council meeting.
8.1
p. 99 of 172
4891-0643-5040v1MHAMMER\04706002
ORDINANCE NO. 2024-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING ORDINANCE NO. 99-01 ADJUSTING FUTURE MAYOR
AND CITY COUNCIL MEMBER SALARIES
WHEREAS, the California Constitution grants Charter Cities the authority to
determine the manner, method, and terms of compensation for officers; and
WHEREAS, Section 805 of the Gilroy City Charter states that compensation of all
officers shall be by salary fixed by ordinance or resolution; and
WHEREAS, Ordinance No. 99-01, adopted by the City Council on February 16,
1999, sets forth salaries for Council Members and the Mayor, and provides for salary
increases on a fiscal year basis in accordance with the San Francisco/Oakland Consumer
Price Index (CPI); and
WHEREAS, such increases from time-to-time have not been made effective due
to various economic reasons; and
WHEREAS, on June 29, 2023, the California Legislature passed, and Governor
Newsom signed, Senate Bill (SB) 329, authorizing an increase to city council
compensation for general law cities, so that the compensation can be set at levels that
may “help city councils become more diverse because increased compensation can help
individuals from across different income levels receive sufficient income from their service
to help ensure that they can continue to serve the public and support their families”; and
WHEREAS, the City also seeks to facilitate public service from individuals across
different income levels so that they can serve the community and support their families;
and
WHEREAS, at the April 8, 2024 regular meeting of the Gilroy City Council, the City
Council issued direction to staff to bring back an increase in compensation for future
Council Members at the SB 329 rate, and the Mayor to be compensated by an additional
50%, consistent with current practice.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION I
The foregoing recitals are true and correct and are incorporated herein by this reference
as findings of the City Council.
SECTION II
Section II. of Ordinance No. 99-01 is hereby amended to read as follows:
Beginning January 1, 2025, members of the Gilroy City Council shall be paid the
following salaries for their services:
8.1
p. 100 of 172
Ordinance No. 2024-XX
Adjusting Future Mayor and City Council Member Salaries
City Council Regular Meeting | September 16, 2024
Page 2 of 2
4891-0643-5040v1MHAMMER\04706002
(a) Each Councilmember shall receive a salary of $1,600.00 per month, with
future increases on a fiscal year basis in accordance with the San
Francisco/Oakland Consumer Price Index (CPI).
(b) The Mayor shall receive a salary of $2,400.00 per month, with future
increases on a fiscal year basis in accordance with the San
Francisco/Oakland Consumer Price Index (CPI).
SECTION III
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council of the City of Gilroy hereby
declares that it would have passed and adopted this ordinance and each section,
subsection, sentence, clause, or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases may be declared invalid or
unconstitutional.
SECTION IV
This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk is
hereby directed to publish this Ordinance or a summary thereof pursuant to
Government Code Section 36933.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GILROY
this 16th day of September, 2024 by the following vote:
AYES:COUNCIL MEMBERS:
NOES:COUNCIL MEMBERS:
ABSTAIN:COUNCIL MEMBERS:
ABSENT:COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Beth Minor, Interim City Clerk
8.1
p. 101 of 172
Page 1 of 2
City of Gilroy
STAFF REPORT
Agenda Item Title:Legislative Update
Meeting Date:September 9, 2024
From:Jimmy Forbis, City Administrator
Department:Administration
Submitted By:Jimmy Forbis, City Administrator
Prepared By:Bryce Atkins, Assistant to the City Administrator
STRATEGIC PLAN GOALS Develop a Financially Resilient Organization
Ensure Neighborhood Equity from City Services
Promote Economic Development Activities
Promote Safe Affordable Housing for All
Maintain and Improve City Infrastructure
RECOMMENDATION
Council receive the report and provide direction regarding Council’s desire to support or
oppose any upcoming legislation or ballot measures.
BACKGROUND
At the April 15, 2024 regular City Council Meeting, staff commenced a legislative update
to Council of bills being considered in the State Legislature in the works. The report
identified several bills that were moving through various levels of becoming law. Staff is
providing an update to those pieces of legislation.
ANALYSIS
In addition to the update of the bills presented previously, there are also new statewide
propositions that have been introduced as part of the election year. Attached to this
report is a document summarizing the bills and identifying the status and changes to
them. Additionally, the report includes those statewide propositions that are anticipated
to affect cities, as well as any local ballot measures that would impact the community of
Gilroy, which there was only one that was also recently pulled from the ballot.
10.1
p. 102 of 172
Legislative Update
City of Gilroy City Council Page 2 of 2 September 9, 2024
Staff reached out to the League of California Cities regarding the possibility of
coordinating legislative updates. The League is currently recruiting for our regional
public affairs manager. The region is represented in the interim by another regional
manager, who had pre-existing obligations for this meeting. The interim representative
mentioned that the intent is to have the position filled by the annual convention, and the
new regional public affairs manager will meet with the cities in the region at the
convention. Going forward, these legislative updates will be collaboratively produced
with information from the League, as well as City staff monitored bills and assessment
of impacts.
Finally, at the previous report, the item did not request if Council desired to support or
oppose any of the legislation. As part of the recommendation, staff has added a listing
for Council to consider if there are any bills, propositions, or ballot measures that
Council wishes to support, oppose or take no position on and will continue to have such
options on future updates should Council wish to pull any of them.
ALTERNATIVES
Council may determine to provide support, opposition or no position to any of the items
in the legislative update.
FISCAL IMPACT/FUNDING SOURCE
None. This item is an informational update.
PUBLIC OUTREACH
This item was included on the publicly posted agenda for this meeting. No other
outreach has been conducted.
NEXT STEPS
Should Council determine to support or oppose any of the legislative update items, staff
will work with the Mayor or directed member of Council to draft a formal letter of support
or opposition to the item.
Attachments:
1. Legislative Update - September 2024.
10.1
p. 103 of 172
Bill or
Measure
What it Does Status
State Legislature Bills
SB 1037 Increased Penalties for Housing Element Non-Compliance
(Update)
•Any action by the Attorney General to enforce:
o Adoption of housing element revisions
o Any state law that requires the City to ministerially
approve any land use decision or permitting application
for a housing development project
•City would be subject to a penalty of between $10,000 to
$50,000 per month, for each violation; as well as AG fees to
prosecute
•If City does not pay the penalty, court may require the State
Controller to intercept the City’s funds
•Statewide concern – applies to charter cities
This bill has passed both houses and, as
of August 31st, being enrolled to be sent
to the Governor’s desk for signature.
One key amendment is that if an action is
brought against a city, and the city fails to
meet the schedule outlined in the
decision, the court is to modify its order to
impose the maximum penalty of $50,000
per month for every month until the
substantial compliance is reached.
SB 937 Permit Fees Collected after Permit Final Inspection (Update)
•Housing entitlements extended from 18 months to 24 months
within a certain range
•Caps utility service fees (i.e. connections) to actual expenses
incurred
•Priority residential development projects – City could not require
payment of fees or charges for public facilities until certificate of
occupancy is issued
•City may enter into a contract to require later payment, as long
as city posts model contract on website before contract
demanded of developer
Amended five times since the previous
report, this bill has passed in both houses
as of August 28th. The bill is being
finalized and readied for potential
signature by the Governor.
There are exceptions provided now where
certain improvement costs that are
related to water, sewer, and public safety
may be collected earlier, based on
particular conditions.
AB 2433 Private, Third-Party Building Inspections (Update)
•Cities must post fees online for building inspection
•Applicants may contract, at applicant’s expense, private
inspectors if City is later than allowed timeframes after submittal
o Plan checks if City delays 30 days or more
o Inspections if not completed by City within 5 days of
receiving request for inspection
•City may provide a list of recommended inspectors
This bill has passed the Assembly and is
in Committee in the State Senate. The
hearing has been postponed since June
3, 2024
Bill has been significantly amended, and
now has removed the ability of an
10.1
p. 104 of 172
Bill or
Measure
What it Does Status
•Affidavit of inspector and penalty of perjury applies applicant to secure an independent
inspector on their own.
If a local agency fails to provide the
inspection within 60 days, the agency
must reimburse the applicant their permit
fees.
If inspection does not occur within 30
days, then the local agency may either
complete the work before 60 days, or
contract with an independent inspector to
complete the work, at the determination of
the local agency.
AB 2371 Prevents Cities from Banning Electrified Security Fences (Update)
•Cities may, to certain degrees, prohibit or regulate electrified
security fencing around commercial, manufacturing or industrial
purposed property
•Bill adds vehicle and material retail purposes
•Cities may no longer ban security fencing, nor regulate
standards, as long as the fencing is around such property and
meets International Electrotechnical Commission standards
•All other electrified security fencing may still be regulated by the
City, by ordinance
•Applies to charter cities
This bill passed both houses and was
presented to the Governor at 4 PM on
August 28, 2024.
Significant amendments made to limit the
scope of facilities that may have
electrified security fencing to
manufacturing or industrial property, but
legally authorized to be used for storage
of vehicles, equipment, materials, freight,
or utility infrastructure.
The City has some regulatory controls
restored by ordinance, but as long as
certain criteria on security fencing is met
per set standards, the City may not
prohibit its construction.
AB 1890 Public Works Projects Reporting (Update)This bill passed both houses and was
presented to the Governor at 4 PM on
August 28, 2024.
10.1
p. 105 of 172
Bill or
Measure
What it Does Status
•Requires awarding bodies of public works contracts to notify
Department of Industrial Relations whenever the following
occurs:
o Change in the identity of a contractor
o Change in identity of a subcontractor performing the
project
o Within 30 days if a contract change exceeds $10,000
Amended so that the provisions apply to
contracts under $10,000 when the
change increases the amount to over
$30,000, or for contracts over $30,000
when the change is the lesser of 25% or
$200,000.
SB 1209 LAFCo Insurance Coverage (Update)
•Allows a LAFCO to require, as a condition for processing
organization, reorganization, a sphere amendment or update, or
any other action or determination requested by the commission,
that the applicant agree to defend, indemnify and hold harmless
the commission, its officers, agents, etc., from any claim or
action against the same relating to the action or determination of
the commission
This bill has passed in both houses and
presented to the Governor on September
3rd.
It was amended to expand the coverage
to claims, actions, or proceedings “to
attack, set aside, void, or annul an
approval”, as opposed to “arising from or
relating to the action or determination”.
AB 2583 School Walk Zones (Update)
•Reduces school zone speeds from 25 to 20 MPH
•Allows the City to establish 25 MPH speed limit when
approaching a school district from a distance of 500 to 1,000
feet
•Exempts school zones from what constitutes a speed trap in the
California Vehicle Code relating to enforcement
Amended in the State Senate three times,
and three additional times in the
Assembly after the previous report.
Amendments to general plan language
removed, but it did not impact the overall
effect of the legislation on school zone
speeds.
Bill has passed the assembly, and has
been moved to the Senate Appropriations
Committee – Held under submission – no
vote yet to move it out of committee
AB 2430 End of Affordable Housing Monitoring Fees (Update)
•If a density bonus development project is approved, and certain
conditions are met, the City may no longer apply a monitoring
fee to offset costs to monitor and enforce affordability
restrictions and performance
This bill has passed in both houses as of
August 28th. The bill is being finalized
and readied for potential signature by the
Governor.
10.1
p. 106 of 172
Bill or
Measure
What it Does Status
•This applies as well to any development already in existence,
and if the conditions are met the development is no longer
subject to the monitoring fee established.
No major changes to the provisions as
summarized were made.
AB 2561 Meet and Confer on Vacancies (Update)
•10% vacancy rate in a bargaining unit for more than 90 days of
the past 180 days
o Meet and confer to publish a plan to fill all vacant
positions within the next 180 days
o Requires a public hearing to present the plan to the City
Council
o Must publish the plan on the City’s website for one year
o Bill proposes to be a matter of statewide concern
▪Charter Cities would be obligated to comply
This bill has passed the Assembly and
State Senate, and is being enrolled as of
August 31st to be presented to the
Governor.
The bill has had some major changes:
•No meet and confer is required
•Public agency must present status
of vacancies and
recruitment/retention efforts during
a public hearing before the
governing board at least once per
fiscal year.
•For agencies with multi-year
adoption, the presentation must
be made prior to the adoption of
the final budget
•During the hearing, the public
agency shall identify any
necessary changes to policies,
procedures, and recruitment
activities that may lead to
obstacles in the hiring process
•Recognized employee
organization for a bargaining unit
shall be entitled to make a
presentation at the public hearing
where status of vacancies and
recruitment and retention efforts
for positions within that bargaining
group
10.1
p. 107 of 172
Bill or
Measure
What it Does Status
•If the number of vacancies within
a single bargaining unit meets or
exceeds 20% of the total
authorized positions, upon the
request of the recognized
employee organization, the local
agency must include a list of data
and information in the
presentation
Local And Regional Ballot Measures
Pulled from
Ballot
Regional
Measure 4
Bay Area Regional Housing Finance Authority - Bay Area Affordability
Plan.
To address housing affordability and reduce homelessness by:
•Providing an estimated 70,000 affordable apartments/homes;
•Creating homes near transit, jobs, and stores;
•Converting vacant lots/blighted properties into affordable
housing; and
•Providing first-time homebuyer assistance;
Shall the measure issuing $20,000,000,000 in bonds at legal rates,
levying an estimated $19 per $100,000 of assessed valuation
generating $910,976,423 annually while bonds are outstanding, and
requiring public reporting, independent audits/citizen oversight, be
adopted?
This measure was pulled from the ballot
in August, and will not be up for the
electors this November election.
Statewide Ballot Propositions
Proposition 2 Authorizes Bonds for Public School and Community College Facilities.
Legislative Statute
Proposition Details:
https://vig.cdn.sos.ca.gov/2024/general/pdf/prop2.pdf
On the November 5, 2024 Ballot
10.1
p. 108 of 172
Bill or
Measure
What it Does Status
•Authorizes $10 billion in state general obligation bonds for
repair, upgrade, and construction of facilities at K–12 public
schools (including charter schools) and community colleges.
•Provides funding for new facilities, to improve school health and
safety conditions at existing facilities, and for classroom
upgrades (e.g., science, engineering, transitional kindergarten,
and vocational classrooms).
•Expands eligibility for financial hardship grants for small and
•disadvantaged school districts.
•Provides higher percentage of state matching funds to schools
•demonstrating greatest need.
•Requires public hearings and performance audits.
•Appropriates money from General Fund to repay bonds.
Proposition 4 Authorizes Bonds for Safe Drinking Water, Wildfire Prevention, and
Protecting Communities and Natural Lands from Climate Risks.
Legislative Statute.
Proposition Details:
https://vig.cdn.sos.ca.gov/2024/general/pdf/prop4.pdf
•Authorizes $10 billion in state general obligation bonds for
various projects to reduce climate risks and impacts: $3.8 billion
for safe drinking water and water resilience; $1.95 billion for
wildfire prevention and extreme heat mitigation; $1.9 billion for
protection of natural lands, parks, and wildlife; $1.2 billion for
protection of coastal lands, bays, and oceans; $850 million for
clean energy; and $300 million for agriculture.
•Prioritizes projects benefitting disadvantaged communities.
•Requires annual audits.
•Appropriates money from General Fund to repay bonds.
On the November 5, 2024 Ballot
Proposition 5 Allows Local Bonds for Affordable Housing and Public Infrastructure
with 55% Voter Approval. Legislative Constitutional Amendment.
Proposition Details:
https://vig.cdn.sos.ca.gov/2024/general/pdf/prop5.pdf
On the November 5, 2024 Ballot
10.1
p. 109 of 172
Bill or
Measure
What it Does Status
•Allows local bonds for affordable housing for low- and middle-
income Californians, or for public infrastructure including roads,
water, and fire protection to be approved by 55% of voters,
rather than current two-thirds approval requirement.
•Bonds must include specified accountability requirements,
including citizens oversight committee and annual independent
financial and performance audits.
•Allows local governments to assess property taxes above 1% to
repay affordable housing and infrastructure bonds if approved
by 55% of voters instead of current two-thirds approval
requirement.
Proposition 32 Raises Minimum Wage. Initiative Statute.
Proposition Details:
https://vig.cdn.sos.ca.gov/2024/general/pdf/prop32.pdf
California’s minimum wage is currently $16 per hour. This measure
increases that minimum, as follows:
•Employers with 26 or more employees would pay $17 hourly for
the remainder of 2024 and $18 hourly beginning on January 1,
2025.
•Employers with 25 or fewer employees would pay $17 hourly
beginning January 1, 2025, and $18 hourly beginning January
1, 2026.
•Thereafter, as existing law provides, the minimum wage
annually adjusts for inflation.
•In addition to the generally applicable minimum wage described
above, current laws establish a higher minimum wage in
specified industries. This measure does not amend those laws.
On the November 5, 2024 Ballot
Proposition 33 Expands Local Governments’ Authority to Enact Rent Control on
Residential Property. Initiative Statute.
Proposition Details:
https://vig.cdn.sos.ca.gov/2024/general/pdf/prop33.pdf
On the November 5, 2024 Ballot
10.1
p. 110 of 172
Bill or
Measure
What it Does Status
•Current state law (the Costa-Hawkins Rental Housing Act of
1995) generally prevents cities and counties from limiting the
initial rental rate that landlords may charge to new tenants in all
types of housing, and from limiting rent increases for existing
tenants in (1) residential properties that were first occupied after
February 1, 1995; (2) single-family homes; and (3)
condominiums.
•This measure would repeal that state law and would prohibit the
state from limiting the ability of cities and counties to maintain,
enact, or expand residential rent-control ordinances.
Proposition 36 Allows Felony Charges and Increases Sentences for Certain Drug and
Theft Crimes. Initiative Statute.
Proposition Details:
https://vig.cdn.sos.ca.gov/2024/general/pdf/prop36.pdf
•Allows felony charges for possessing certain drugs and for
thefts under $950—both currently chargeable only as
misdemeanors—with two prior drug or two prior theft
convictions, as applicable. Defendants who plead guilty to
felony drug possession and complete treatment can have
charges dismissed.
•Increases sentences for other specified drug and theft crimes.
•Increased prison sentences may reduce savings that currently
fund
•mental health and drug treatment programs, K–12 schools, and
crime
•victims; any remaining savings may be used for new felony
treatment program.
On the November 5, 2024 Ballot
10.1
p. 111 of 172
Page 1 of 3
City of Gilroy
STAFF REPORT
Agenda Item Title:Consideration of an Amendment to Gilroy City Code
Chapter 16.6-1(p) Cardroom, Table Restrictions
Meeting Date:September 9, 2024
From:Jimmy Forbis, City Administrator
Department:Police
Submitted By:Pedro Espinoza, Police Chief
Prepared By:Jason Smith, Captain
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Council approval to increase the number of cardroom tables allowed from 10 to 12
tables.
EXECUTIVE SUMMARY
California Assembly Bill 341 (AB 341), enacted by the California Legislature, reinstates
a moratorium on the expansion of cardroom gaming until January 1, 2043, and
authorizes local jurisdictions the option to amend their ordinances to increase the
number of cardroom tables by up to two additional tables initially and by up to two
additional tables every four years thereafter, not to exceed 10 additional tables above
the number of tables operated as of January 1, 2023. The proposed amendment to
Section 16.6-1(p), Table Restriction, of the Gilroy City Code would permit an increase in
the maximum number of tables from 10 to 12, should the City Council choose to
exercise this option. Any such amendment would also require final approval from the
Bureau of Gambling Control.
BACKGROUND
Section 16.6-1(p) of the Gilroy City Code currently restricts the number of tables in
cardrooms to a maximum of 10. This section was last amended on June 6, 2016, when
the table limit was increased from 8 to 10. While AB 341 provides cities with the
10.2
p. 112 of 172
Update City Code Chapter 16.6-1(p) Cardroom Table, Number of Tables
City of Gilroy City Council Page 2 of 3 September 9, 2024
opportunity to further increase this limit, it does not mandate such a change. Therefore,
the City of Gilroy has the discretion to decide whether to amend its City Code to allow
for the additional tables.
If the City Council decides to amend this section, it is important to note that final
approval will rest with the Bureau of Gambling Control. This state-level oversight
ensures that any changes to cardroom operations remain compliant with broader state
regulations.
ANALYSIS
The proposed amendment to Section 16.6-1(p) of the Gilroy City Code is as follows:
Current Ordinance Language (Section 16.6-1):
(p) Table Restriction. No permittee, or the permittee’s employee, shall use, operate
or permit the use or operation of more cardroom tables than those permitted by its
cardroom permit and for which the permittee previously has paid the required table
permit fees. The number of tables located at a cardroom shall not be increased
without prior approval of the city council and prior payment of the appropriate table
permit fees. In any event, no cardroom shall operate more than ten (10) tables. All
tables shall be located in the same room and be visible from the entrance of the
cardroom.
Proposed Amended Language (Section 16.6-1):
(p) Table Restriction. No permittee, or the permittee’s employee, shall use, operate
or permit the use or operation of more cardroom tables than those permitted by its
cardroom permit and for which the permittee previously has paid the required table
permit fees. The number of tables located at a cardroom shall not be increased
without prior approval of the city council and prior payment of the appropriate table
permit fees. In any event, no cardroom shall operate more than twelve (12) tables.
All tables shall be located in the same room and be visible from the entrance of the
cardroom.
The proposed amendment to increase the table limits from 10 to 12 is an option
provided by AB 341. The City Council should consider whether this change aligns with
the City’s goals and whether the potential economic benefits outweigh any concerns
related to gambling expansion. Staff recommends careful consideration of this
discretionary amendment.
Increasing the table limit to 12 could provide additional revenue for the City while
enhancing the customer experience at the cardroom by potentially reducing wait times
and improving table availability. Although concerns about gambling expansion are
acknowledged, the Gilroy Police Department supports the proposed amendment and
does not anticipate any increase in criminal activity resulting from the addition of two
tables.
10.2
p. 113 of 172
Update City Code Chapter 16.6-1(p) Cardroom Table, Number of Tables
City of Gilroy City Council Page 3 of 3 September 9, 2024
ALTERNATIVES
The City could maintain its current limit of 10 tables in cardrooms. This option avoids
any potential issues related to increased gambling activity but may also forgo potential
economic benefits.
FISCAL IMPACT/FUNDING SOURCE
Approving this amendment could increase the City’s permit revenue by a nominal
amount. Each new table generates $300 per year from the table permit fee, therefore,
increasing the number of tables from 10 to 12 would generate an additional $600 in
annual revenue. More tables may necessitate hiring additional dealers, leading to
additional employee registration fees and potentially increasing related economic
activity for cardrooms.
NEXT STEPS
Should Council direct staff to amend the City Code, staff will proceed to implement any
directed changes to Gilroy City Code Section 16.6-1(p).
Attachments:
1. Gilroy Code 16.6-1 Cardrooms
2. California Assembly Bill 341 Chapter 8 Cardrooms
10.2
p. 114 of 172
Assembly Bill No. 341
CHAPTER 8
An act to add Section 19961.07 to, and to add and repeal Sections 19962
and 19963 of, the Business and Professions Code, relating to gambling.
[Approved by Governor May 22, 2023. Filed with Secretary of
State May 22, 2023.]
legislative counsel
10.2
p. 115 of 172
20 tables, by up to 2 additional tables the first year, and up to 2 additional
tables every 4 years thereafter, as provided. The bill would require an
ordinance that was approved by a majority of the voters in a city, county,
or city and county in an election that occurred after November 1, 2020, that
authorized an increase in the number of gambling tables at a gambling
establishment, and that became operative on January 1, 2023, as the result
of the repealed provisions above, to remain operative on and after January
1, 2024. The bill would invalidate an amendment or adoption of an ordinance
that occurred on or after January 1, 2023, by a city, county, or city and
county resulting in an expansion of gambling that was not authorized or
permitted under the act as of December 31, 2022, or that is not authorized
or permitted under these provisions.
This bill would state that its provisions are severable.
The people of the State of California do enact as follows:
SECTION 1. Section 19961.07 is added to the Business and Professions
Code, to read:
19961.07. (a) Notwithstanding Sections 19961 and 19962, and except
as provided in subdivision (b), a city, county, or city and county may amend
an ordinance to increase the number of gambling tables that may be operated
in a gambling establishment as follows:
(1) The ordinance shall apply only to a gambling establishment that
operates fewer than 20 gambling tables.
(2) The ordinance shall allow a gambling establishment to increase the
number of gambling tables operated at the gambling establishment by up
to 2 additional tables within the first year after the ordinance takes effect,
and up to 2 additional tables every four years thereafter, not to exceed 10
additional tables above the number of tables operated at the gambling
establishment on January 1, 2023. A gambling establishment shall have all
permitted gambling tables in operation and remain current in payment on
all taxes and other applicable fees before an increase in gambling tables is
allowed pursuant to this subdivision.
(b) (1) The authority provided in subdivision (a) shall be in addition to
any authorization under any other law in effect on December 31, 2022, for
a city, county, or city and county to increase the number of gambling tables
that may be operated in a gambling establishment in the city, county, or city
and county.
(2) Subdivision (a) does not apply to a city, county, or city and county
that increased the number of gambling tables that may be operated in a
gambling establishment, as described in paragraph (2) of subdivision (b) of
Section 19962.
(c) A city, county, or city and county’s jurisdictional limit may expand
to accommodate the increase of gambling tables pursuant to this section.
SEC. 2. Section 19962 is added to the Business and Professions Code,
to read:
95
— 2 — Ch. 8 10.2
p. 116 of 172
19962. (a) The governing body or the electors of a city, county, or city
and county that has not authorized legal gambling within its boundaries
prior to January 1, 1996, shall not authorize legal gambling.
(b) (1) An ordinance in effect on January 1, 1996, that authorizes legal
gambling within a city, county, or city and county shall not be amended to
expand gambling in that jurisdiction beyond that permitted on January 1,
1996.
(2) Notwithstanding paragraph (1), an ordinance that was approved by
a majority of the voters in a city, county, or city and county in an election
that occurred after November 1, 2020, that authorizes an increase in the
number of gambling tables at a gambling establishment, and that became
operative on January 1, 2023, as the result of the repeal of former Section
19962, as amended by Chapter 1 of Section 744 of the Statutes of 2018,
shall continue to be valid on and after January 1, 2024.
(3) Any amendment to an ordinance or adoption of an ordinance on or
after January 1, 2023, by a city, county, or city and county resulting in an
expansion of gambling that was not authorized or permitted under this
chapter as of December 31, 2022, or that is not authorized or permitted
under this section or Section 19961.07 shall be invalid and preempted.
(c) This section shall remain in effect only until January 1, 2043, and as
of that date is repealed.
SEC. 3. Section 19963 is added to the Business and Professions Code,
to read:
19963. (a) In addition to any other limitation on the expansion of
gambling imposed by Section 19962 or any provision in this chapter, the
commission shall not issue a gambling license for a gambling establishment
that was not licensed to operate on December 31, 1999, unless an application
to operate that establishment was on file with the department prior to
September 1, 2000.
(b) An application for a gambling license for a gambling establishment
that was not licensed to operate on December 31, 2022, that is pending
before the commission as of January 1, 2024, shall not be approved by the
commission.
(c) A gambling license for a gambling establishment that was not licensed
to operate on December 31, 2022, and that was issued between December
31, 2022, and January 1, 2024, shall be invalid.
(d) This section shall remain in effect only until January 1, 2043, and as
of that date is repealed.
SEC. 4. The provisions of this bill are severable. If any provision of this
bill or its application is held invalid, that invalidity shall not affect other
provisions or applications that can be given effect without the invalid
provision or application.
O
95
Ch. 8 — 3 — 10.2
p. 117 of 172
16.6-1 Cardrooms.
The following regulations shall be and are hereby adopted for the conduct and operation of
cardrooms.
(a) Definitions.
(1) “Ante” means a stipulated amount put up by all the players that are to be dealt cards.
(2) “Applicant” means any member, stockholder, officer, director, partner, principal, associate,
individual, or combination thereof holding any direct or indirect financial interest in a cardroom,
or who has the power to exercise influence over the operation of the cardroom, or the agent
therefor.
(3) “Banking game” means a game in which there is a fund of money or other valuable
consideration controlled by the house or an individual player against which the participant may
bet and from which is paid all that is won by a participant with the house or individual player
taking all losses.
(4) “Cardroom” means any business establishment wherein legal gambling is conducted.
(4.5) “Division” means the State of California, Department of Justice, Division of Gambling
Control and any successor divisions or agents of the State of California that may have
responsibility for, and jurisdiction over, gambling control within the state.
(5) “Hand” refers to cards legally belonging to a player during the course of play and all action
which transpires between the shuffle and the winning of the pot.
(6) “House” means any owner or manager of any cardroom or their agents, employees, or
anyone acting on their behalf whether compensated or not.
(7) “Percentage game” means a game in which the house charges any person or group of
persons by collecting money or any other thing of value from any participant based upon the
amount of bets made, winnings collected, or the amount of money changing hands.
(8) “Permitted games” shall mean those card games established by resolution of the city
council, as may be amended from time to time. The rules of play of said games shall be those
rules approved by the chief of police of the City of Gilroy. The chief of police, when reviewing
proposed rules of play submitted by a cardroom permittee, may approve, deny or modify the
rules.
(9) “Permittee” means a person to whom a cardroom permit has been issued pursuant to this
The Gilroy City Code is current through Ordinance 2023-11, passed December 4, 2023.
Gilroy City Code 16.6-1 Cardrooms.Page 1 of 14
10.2
p. 118 of 172
section.
(10) “Posted rules” means written rules and guidelines as to the play of any certain game,
conduct, upon the premises, ranking of hands, and other information as may from time to time
be conspicuously placed so as to be visible by and for the benefit of persons playing card
games within a cardroom. Posted rules and guidelines as to the play of any certain game may
be printed and made available upon request to every person playing upon the cardroom
premises so long as a notice of the availability of such printed rules and guidelines is
conspicuously placed.
(11) “Second party checks” means a negotiable instrument, the holder of the rights of the
payee of which transfers those rights by endorsement, assignment, or other form of
negotiation, to any permittee, owner, manager or employee or other agent of permittee.
(12) “Wager” means to risk money or a thing of value on an uncertain event with the prospect
of obtaining money or a thing of value risked by another person or persons on the occurrence
of the event.
(b) Existing Cardrooms. Cardrooms in operation within the city at the time of the adoption or
amendment of these regulations may continue in operation under the terms and conditions of its
current business license, but shall be subject to all of the regulations herein upon expiration of its
license year pursuant to article II of Chapter 13 of this Code.
(c) Permits Required. No person, partnership, corporation, or other entity or organization, shall
establish, own, operate, or otherwise maintain a cardroom within the city without first obtaining, and
then maintaining in full force and effect, (i) a valid, unexpired, unsuspended and unrevoked
business license from the city, (ii) a valid, unexpired, unsuspended and unrevoked cardroom permit
from the city, and (iii) a valid, unexpired, unsuspended and unrevoked license from the State of
California Department of Justice, Division of Gambling Control pursuant to The Gambling Control
Act, California Business and Professions Code section 19800 et seq., as it may be amended from
time to time.
(d) Limitation on Number of Permits. At no time shall the city issue more than one (1) cardroom
permit.
(e) Application Information Required. Each and every applicant shall apply for a cardroom permit as
follows:
(1) Furnish to the police chief a true and correct copy of its completed application for initial
registration or application for renewal gaming registration or successor document that has
been or will be furnished to the Department of Justice, Division of Gambling Control, in
connection with its state registration under The Gambling Control Act, California Business and
Professions Code § 19800 et seq., as it may be amended from time to time, and verify under
The Gilroy City Code is current through Ordinance 2023-11, passed December 4, 2023.
Gilroy City Code 16.6-1 Cardrooms.Page 2 of 14
10.2
p. 119 of 172
penalty of perjury on forms provided by the city that the application for initial registration or
application for renewal gaming registration or successor document submitted to the city is a
true and correct copy of the application documents submitted or to be submitted by such
applicant to the Department of Justice, Division of Gambling Control;
(2) Provide to the police chief the true and complete name or names, and addresses, of the
owner or lessor of the building or structure within which the cardroom is proposed to be
maintained if the application for initial registration or application for renewal gaming
registration or successor document does not specify same;
(3) Provide to the police chief the true and complete name or names, and addresses, of the
applicant if the application for initial registration or application for renewal gaming registration
or successor document does not specify same;
(4) Allow the police chief to obtain a set of clearly identifiable fingerprints and a clear,
frontally-posed photograph of the applicant all in a form and manner approved by the police
chief;
(5) Provide to the police chief a written statement that the applicant understands and agrees
that:
a. The police chief, fire chief and any other city official involved in the investigation and
evaluation of cardroom permit applications, or their authorized agents, shall conduct such
reasonable investigation and inspection of the applicant (including the applicant’s criminal
history) and the cardroom premises as may be necessary, in the city official’s
determination, to consider and evaluate the applicant’s cardroom permit application and
shall have reasonable access to the cardroom premises and the books and records of the
applicant in connection with such investigation or inspection;
b. The applicant’s cardroom permit application shall be considered by the city council
after a full investigation and evaluation of reports received by the city administrator,
police chief, fire chief and any other city official, or their authorized agents, which reports
may include information concerning the applicant’s criminal history as may be relevant to
the applicant’s cardroom application;
c. Except as the applicant may authorize the release of information held by the city
regarding the applicant, the cardroom and all persons associated with that cardroom, all
information contained within the application information required pursuant to this section
shall be confidential to the extent permitted by law.
d. The sole and exclusive discretion as to the granting or denial of any such permit is
vested in the city council; and
The Gilroy City Code is current through Ordinance 2023-11, passed December 4, 2023.
Gilroy City Code 16.6-1 Cardrooms.Page 3 of 14
10.2
p. 120 of 172
e. Any business conducted under any cardroom permit shall be in accordance with all
applicable local, state and federal laws, rules or regulations.
(6) Pay to the city the applicable permit application fees, which fees shall be retained by the
city for recovery of the costs and expenses incurred by the city in processing or conducting
any investigation or inspection relating to the cardroom permit application.
(f) Application Investigation.
(1) Upon receipt of a cardroom permit application, the police chief shall examine the same for
compliance with this section. If the application fails to comply with this section or does not
contain all of the information required, the police chief shall return the application to the
applicant for proper completion thereof.
(2) If the application complies with this section, then the police chief shall, to the extent
necessary, conduct an investigation thereof. The police chief shall transmit a copy of the
application to the fire chief and other applicable city officials for review and report, which
review(s) and report(s) shall then be forwarded to the city administrator within a reasonable
period of time. The police chief and his or her authorized agents are hereby authorized to
obtain criminal history information for each applicant applying for a cardroom permit for the
purpose of determining those who have been arrested or convicted for any crime involving
lotteries, illegal gambling, larceny, perjury, bribery, extortion, fraud or other crimes involving
moral turpitude or crimes related to a service or entertainment business or crimes involving
drugs. The police chief’s review and report on the application, including the applicant’s
criminal history information, shall also be forwarded to the city administrator within a
reasonable period of time.
(3) Within a reasonable time period, the city administrator shall review the application together
with all reviews and reports received and shall:
a. Report to the city council upon whether operation of the proposed cardroom shall be
detrimental to crime prevention or to the public health, safety or welfare in the area and
shall state its reasons therefor;
b. Recommend issuance or denial of the cardroom permit;
c. Set forth any conditions, limitations and restrictions to which, in the city administrator’s
determination, the cardroom permit should be subject and state the reasons therefor;
d. Set forth any other information or recommendation as may be relevant.
(g) Determination on Application.
(1) After receipt of a report on the application from the city administrator, a public hearing on
The Gilroy City Code is current through Ordinance 2023-11, passed December 4, 2023.
Gilroy City Code 16.6-1 Cardrooms.Page 4 of 14
10.2
p. 121 of 172
the application shall be held before the city council within fourteen (14) days thereafter. Not
later than the eleventh day preceding the date set for hearing, the city clerk shall provide
written notice of the hearing by first class mail to the applicant, post, or cause to be posted, in
a conspicuous place, and publish, or cause to be published, in a newspaper of general
circulation, a written notice which shall:
a. Be entitled in bold letters, “NOTICE OF HEARING ON APPLICATION FOR
CARDROOM PERMIT”;
b. State that an application has been made to the city council for a cardroom permit and
identify the applicant;
c. Describe the premises for which a cardroom permit is requested;
d. Give notice of the time and place at which the city council will hold a public hearing on
the application;
e. Give notice that any person will be given a reasonable opportunity to be heard at the
public hearing and, in addition, may file written protests with the city clerk at any time
before the conclusion of the public hearing; and
(2) At the time and place set for hearing of an application for a cardroom permit, and/or at
such other times and places to which it may continue the hearings, the city council shall
consider the application, the reports of the various departments and written protests or
objections, and shall give reasonable opportunity to be heard to all persons who which to be
heard concerning the granting of the requested permit;
(3) The city council may, in its discretion, either approve the application and grant the permit,
with or without conditions or deny the application and refuse to grant the permit;
(4) Any such permit granted by the city council shall be deemed conditioned so as to require
compliance with all of the terms, conditions, and provisions of these regulations, as well as all
other applicable local, state and federal laws. The permit shall further be conditioned upon the
applicant agreeing, unless he surrenders his permit, to hold the city harmless with respect to
all damages which the city actually incurs as a result of any grossly negligent behavior or
intentional misconduct arising from the operation of the applicant’s cardroom business, and
may additionally contain any other conditions the city council may impose as express
conditions of approval; and
(5) The decision of the city council to approve any such application and grant the permit
applied for therein, or to deny any such application and refuse to grant the permit applied for
therein, shall be final and conclusive.
The Gilroy City Code is current through Ordinance 2023-11, passed December 4, 2023.
Gilroy City Code 16.6-1 Cardrooms.Page 5 of 14
10.2
p. 122 of 172
(h) Findings for Approval.
(1) The city council may approve a cardroom permit application unless the council determines
that one (1) or more of the following circumstances exists:
a. Operation of the proposed cardroom will aggravate crime problems in the area, or
otherwise be detrimental to crime prevention or to the public peace, health, safety or
welfare in the area;
b. Operation of the proposed cardroom would violate city’s zoning, fire or building code,
or some other applicable local, state or federal law, rule, ordinance, resolution or
regulation; and/or
c. That it is inappropriate to issue a cardroom permit to the applicant. In making this
determination, the city council may consider:
1. The criminal history of such applicant or the applicant’s employees or agents;
2. Any act of dishonesty, fraud or deceit committed by such applicant or the
applicant’s employees or agents;
3. The license and permit history of such applicant;
4. The business and credit history of such applicant;
5. Violations of any law relating to the premises, equipment or operation of the
proposed cardroom;
6. Any false statements made by such applicant in the cardroom application;
7. Any other relevant information.
(2) Upon approval or conditional approval of a cardroom permit application by the city council,
and written confirmation that the applicant has been registered with the State of California
Department of Justice, Bureau of Investigation, Division of Gambling Control pursuant to The
Gambling Control Act, California Business and Professions Code § 19800, et seq., as it may
be amended from time to time, and proof of payment of all fees required by this section, the
city administrator shall issue a written cardroom permit, subject to any conditions, limitations
and restrictions required by the city council in its reasonable determination.
(3) The initial cardroom permit shall be issued with an expiration date of December 31 of that
year.
(4) Each and every individual who is an applicant as defined in this section, and to whom the
cardroom permit is issued, shall also be issued by the police chief an identification card which
The Gilroy City Code is current through Ordinance 2023-11, passed December 4, 2023.
Gilroy City Code 16.6-1 Cardrooms.Page 6 of 14
10.2
p. 123 of 172
must be worn in plain view during all working hours at a cardroom. The police chief may
establish regulations further governing the manner in which such identification cards shall be
worn.
(i) Renewal. The holder of an unsurrendered, unsuspended, unrevoked and otherwise valid
cardroom permit issued pursuant to this section may renew such cardroom permit for periods of
one (1) year only by completing and submitting to the police chief at least ninety (90) days prior to
the expiration date of the existing cardroom permit a renewal application verifying that all
information currently on file is accurate, or updating said information. The police chief may require
additional information in his reasonable determination necessary for a decision on the renewal.
Such permit renewal may be approved, denied or conditioned upon the grounds set forth in
subsection (h) above. In the police chief’s sole discretion, each cardroom permit renewal
application may be subject to the review procedure applicable to an initial cardroom permit
application as set forth in this section. Such review, however, shall be limited to changed
circumstances as indicated by the renewal applicant’s update of information currently on file, or by
information acquired by the police chief during the course of investigating or otherwise acting on the
renewal application.
(j) Nonassignability. No cardroom permit may be sold, transferred, or assigned, either voluntarily or
by operation of law, to any other person, persons or entity. Any such sale, transfer or assignment
shall constitute a voluntary surrender of such cardroom permit, which thereafter shall be deemed
terminated and void. Nothing in this section shall restrict the sale, transfer, or assignment of a
cardroom business for purposes of the continued operation of that cardroom in the city, to any
person or entity authorized and registered to own and operate a cardroom at that location pursuant
to the requirements of the Division of Gambling Control and this section.
(k) Suspension; Revocation. No permittee shall be allowed to operate or conduct business
otherwise permitted under the permittee’s cardroom permit during any period of time that the
cardroom permit is suspended or revoked. All cardroom permits shall be subject to suspension or
revocation by the city administrator, or the city council on appeal, when any one (1) of the following
occur:
(1) The permittee, or its agent or employee, has violated a provision of this section;
(2) The permittee, or its agent or employee, has violated any condition, limitation or restriction
of its cardroom permit;
(3) Grounds exist under which denial of a cardroom permit would be justified if such an
application were pending; or
(4) The permittee, or its agent or employee, has violated any local, state or federal law, rule,
regulation, ordinance or resolution relating to the establishment, maintenance, or operation of
The Gilroy City Code is current through Ordinance 2023-11, passed December 4, 2023.
Gilroy City Code 16.6-1 Cardrooms.Page 7 of 14
10.2
p. 124 of 172
its cardroom.
Except as provided in subsection (k)(1) of this section, a cardroom permit shall be suspended or
revoked only after the permittee has been given reasonable notice and opportunity to be heard by
the city administrator. Notice of the hearing setting forth the time, date and place of hearing and the
reasons for suspension or revocation shall be given to the permittee no later than ten (10) days
prior to the date of the hearing. The permittee shall be given the opportunity to present witnesses
and evidence at the hearing. Within a reasonable time after the close of hearing, the city
administrator shall render a decision setting forth the findings and reasons therefor. Said decision
shall be mailed to the permittee at the address of the permittee’s cardroom.
(l) Emergency Suspension. Either the police chief or the city administrator may issue an order
suspending a cardroom permit for a period of time not exceeding ten (10) days without first
conducting a hearing if the city administrator or police chief determines that the continued operation
of the cardroom will cause an immediate hazard to the public safety, health or welfare, or that the
cardroom is allowing the playing of banking games or percentage games or any other game not
permitted by resolution of the city council, or that the cardroom is being operated without the daily
presence of a person registered with the state pursuant to The Gambling Control Act, California
Business and Professions Code § 19800, et seq. A hearing on the decision of the city administrator
or police chief in this regard shall be held within ten (10) days of the decision pursuant to the
procedure set forth in subsection (k) of this section, with the exception that the hearing shall be
held before the officer responsible for making the decision to suspend the cardroom permit.
(m) Appeal of Suspension or Revocation. The decision of the city administrator or police chief to
suspend or revoke a cardroom permit pursuant to subsections (k) or (l) of this section may be
appealed to the city council by filing with the city clerk a written notice of appeal setting forth the
grounds for the appeal within ten (10) days after a copy of the decision of the city administrator or
police chief has been placed in the mail to the permittee. The date of the mailing shall be indicated
on a proof of mailing that shall be mailed along with the copy of the decision.
(n) Employee Registration.
(1) It shall be unlawful and a violation of this section for any permittee to employ any person in
connection with the operation of a cardroom who has not first registered with, and been issued
an identification card by, the police chief.
(2) Each and every cardroom employee shall register with the police chief during normal
business hours, at least fifteen (15) business days prior to commencing employment. Each
employee shall complete an application for employee registration, be fingerprinted, be
photographed, provide any other relevant information that the police chief, or his or her
authorized agent, reasonably may require, and certify the truth of all such information provided
under penalty of perjury.
The Gilroy City Code is current through Ordinance 2023-11, passed December 4, 2023.
Gilroy City Code 16.6-1 Cardrooms.Page 8 of 14
10.2
p. 125 of 172
(3) The police chief shall establish procedures to implement, administer and enforce the
provisions of this section.
(4) The police chief, or his or her authorized agent, is hereby authorized to obtain criminal
history information for each employee seeking registration.
(5) Within ten (10) business days after receipt of all registration information, the police chief
shall either grant or deny such registration and explain the reasons for any denial. Applications
for registration may be denied where the police chief finds that there is good cause therefor.
Good cause includes, but is not limited to:
a. The person has been convicted of a crime involving theft, embezzlement, moral
turpitude or a crime involving drugs;
b. The person previously has been denied, or has had revoked, a license or permit issued
by a public entity;
c. The person made false statements in connection with its registration application;
d. The person has been convicted of a felony or is the subject of outstanding arrest
warrants.
(6) If the police chief has not completed all necessary investigation of the applicant and the
application, but has no reason to believe that any ground exists for denial of the application,
the police chief may issue a temporary identification card with such terms, conditions or
restrictions as the police chief may deem necessary. The duration of any such temporary
identification card shall be no more than six (6) months and shall be automatically revoked
upon the actual issuance or denial of the application for employee registration. Temporary
registration cards must be worn in plain view at all times the employee is physically present
on cardroom premises. The police chief may establish regulations further governing the
manner in which temporary identification cards shall be worn.
(7) The police chief’s decision to deny such registration may be appealed to the city council
within ten (10) days of the police chief’s decision, and a public hearing shall then be noticed
and conducted in substantially the same manner provided for consideration of cardroom
permit applications pursuant to subsection (g) of this section.
(8) Registered employees shall be issued an identification card which must be worn in plain
view at all times the employee is physically present on cardroom premises. The police chief
may establish regulations further governing the manner in which such identification cards shall
be worn.
(9) The police chief may suspend or revoke an employee registration where the police chief
The Gilroy City Code is current through Ordinance 2023-11, passed December 4, 2023.
Gilroy City Code 16.6-1 Cardrooms.Page 9 of 14
10.2
p. 126 of 172
finds that there is good cause therefor. “Good cause” for suspending or revoking an employee
registration is the same as that for denying an application therefor pursuant to this section.
The police chief’s decision to suspend or revoke may be appealed to the city council within ten
(10) days of the police chief’s decision, and a public hearing shall then be noticed and
conducted in the same manner as a decision to deny an employee registration application.
(10) In addition to any other restrictions provided by law, no cardroom identification card shall
be issued to anyone who is disqualified from holding a State gambling license for any of the
reasons specified in the Gambling Control Act, California Business and Professions Code
section 19800, et seq.
(11) Every application for a cardroom identification card shall be subject to objection by the
Division. If the Division objects to the issuance of cardroom identification card, issuance of
the card shall be denied. Such a denial may be reviewed in accordance with the Gambling
Control Act.
(o) Fees.
(1) A cardroom permit application fee in an amount set by resolution of the city council, which
may be amended from time to time by action of the city council, payable to the city, shall
accompany the initial cardroom permit application, and shall be retained by city for the cost of
investigation and processing of the application whether or not approved;
(2) A fee for initial cardroom permits in an amount set by resolution of the city council, which
may be amended from time to time by action of the city council, payable to city, shall be paid
by applicant at the time a cardroom permit is issued. For initial permits expiring in under
twelve (12) months, the annual fees shall be prorated on a monthly basis;
(3) A cardroom permit renewal application fee in an amount set by resolution of the city
council, which may be amended from time to time by action of the city council, payable to the
city, shall accompany the cardroom permit renewal application, and shall be retained by city
for the cost of investigation and processing of the application whether or not approved;
(4) An annual cardroom permit renewal fee in an amount set by resolution of the city council,
which may be amended from time to time by action of the city council, payable to city, shall be
paid by permittee at the time a cardroom permit renewal is issued;
(5) Annual table permit fees in an amount set by resolution of the city council, which may be
amended from time to time by action of the city council, shall be paid by applicant/permittee to
city at the time a cardroom permit or permit renewal is issued, whether or not such table shall
be in constant use. If the number of cardroom tables is later reduced or a cardroom permit is
suspended, revoked, surrendered, not renewed or expires, any table permit fees previously
paid shall not be refunded;
The Gilroy City Code is current through Ordinance 2023-11, passed December 4, 2023.
Gilroy City Code 16.6-1 Cardrooms.Page 10 of 14
10.2
p. 127 of 172
(6) An initial employee registration application fee in an amount set by resolution of the city
council, which may be amended from time to time by action of the city council, payable to the
city, shall accompany the initial application and shall be retained by city for the cost of
investigation and processing of the application whether or not approved;
(7) An annual employee registration renewal application fee in an amount set by resolution of
the city council, which may be amended from time to time by action of the city council,
payable to the city, shall accompany the application for renewal and shall be retained by city
for the cost of investigation and processing of the application whether or not approved;
(8) The fees set forth herein may be amended from time to time by resolution of the city
council.
(p) Table Restriction. No permittee, or the permittee’s employee, shall use, operate or permit the
use or operation of more cardroom tables than those permitted by its cardroom permit and for
which the permittee previously has paid the required table permit fees. The number of tables
located at a cardroom shall not be increased without prior approval of the city council and prior
payment of the appropriate table permit fees. In any event, no cardroom shall operate more than ten
(10) tables. All tables shall be located in the same room and be visible from the entrance of the
cardroom.
(q) Permitted Games. The games permitted within the city boundaries are those permitted by local,
state, and federal law, and shall also be played pursuant to the rules of play approved by the chief
of police. It shall be unlawful for any cardroom permittee, or its agent or employee, to allow the
playing of any games not permitted by the provisions of this section or state law, or to allow the
playing of any permitted game in a manner other than in strict conformance with the rules of play
approved by the chief of police.
(r) Permitted Locations.
(1) The playing of all games permitted under this section shall be confined to those designated
areas of the cardroom premises as may be set forth in the cardroom permit, and no playing of
any games shall be permitted at any other location within or upon the cardroom premises for
which prior written approval from the city administrator has not been obtained.
(2) Cardrooms shall be located only in those certain districts as set forth in the Gilroy Zoning
Ordinance. A cardroom permit shall be issued only if the premises meet all requirements of
the Zoning Ordinance, and the applicant obtains all required zoning permits. In determining
whether to approve the location of a proposed cardroom, the city shall take into consideration
the effect of operation of a cardroom on other sensitive uses located in the vicinity of the
proposed cardroom, including but not limited to schools, public parks or recreation areas,
hospitals, public buildings with programs for minors, and religious institutions. As used in this
The Gilroy City Code is current through Ordinance 2023-11, passed December 4, 2023.
Gilroy City Code 16.6-1 Cardrooms.Page 11 of 14
10.2
p. 128 of 172
section, the terms (i) “school” shall mean the term as defined in Gilroy Zoning Ordinance
section 28.10(n); (ii) “public park or recreation area” shall mean the term as defined in Gilroy
Zoning Ordinance section 28.10(k); (iii) “public building with programs for minors” shall mean
the term as defined in Gilroy Zoning Ordinance section 28.10(j); and “religious institution” shall
mean the term as defined in Gilroy Zoning Ordinance section 28.10(l).
(s) Wagers. There shall be no limits on any person playing within the cardroom premises to make a
single ante, wager or bet.
(t) Identification Card. It shall be unlawful for any permittee, manager, operator, employee or any
other person employed by or having a financial interest in the cardroom to be physically present
upon the cardroom premises without having prominently displayed in plain view, and in accordance
with any regulations set forth by the police chief, their own personal identification card.
(u) Permitted Players. It shall be unlawful for any permittee, owner, manager or employee of any
cardroom to play cards upon the cardroom premises in which they have an interest unless he or
she wears their identification card in plain view to all persons with whom they are playing cards.
Managers or employees of any cardroom may only play cards upon the cardroom premises with
their own, personal money.
(v) Lending Money Prohibited. It shall be unlawful for any permittee, owner, manager, employee or
other agent of permittee, or person having a financial interest in the cardroom to engage in the
lending of money, chips, tokens, or other things of value, either real or promised, to any customer,
player or other person on or about the cardroom premises for the purpose of allowing that person to
play cards upon the cardroom premises.
(w) Second Party Checks Prohibited. It shall be unlawful for any permittee, owner, manager or
employee or other agent of permittee to cash or otherwise accept second party checks, or allow
second party checks to be cashed or otherwise accepted, on or about the cardroom premises.
(x) Posted Rules of Play. It shall be the responsibility of each and every cardroom permittee to post
the rules and regulations relating to cardrooms and permitted card games in a conspicuous and
easily available location within the cardroom premises. Permittees, owners and managers shall be
responsible to ensure that all cardroom employees have read and understood the posted rules. The
posted rules shall include at least one (1) set of the rules of play for each permitted game as
approved by the chief of police. These posted rules shall either be posted on a wall or other
conspicuous place visible from any cardroom table, or printed and made available upon request to
each and every person playing any game upon the cardroom premises, so long as a notice of the
availability of said rules of play is conspicuously posted and visible from any cardroom table. The
posted rules shall also include at least one (1) set of the following rules and regulations posted in a
conspicuous and easily available location within the cardroom premises:
The Gilroy City Code is current through Ordinance 2023-11, passed December 4, 2023.
Gilroy City Code 16.6-1 Cardrooms.Page 12 of 14
10.2
p. 129 of 172
(1) No person under the age of twenty-one (21) is permitted to play any game upon the
cardroom premises or to be or remain in or upon the cardroom premises;
(2) No person who is obviously under the influence of an intoxicating beverage, narcotic or
drug is permitted to play any game upon the cardroom premises or to be or remain in or upon
the cardroom premises;
(3) Disorderly conduct or any other conduct that constitutes a breach of the peace or that is
otherwise detrimental to the public health, safety or welfare, is prohibited on or around the
cardroom premises;
(4) It is unlawful for any permittee, owner, manager, employee or other agent of permittee, or
person having a financial interest in the cardroom to engage in the lending of money, chips,
tokens, or other things of value, either real or promised, to any customer, player or other
person on or about the cardroom premises for the purpose of allowing that person to play
cards upon the cardroom premises;
(5) It is unlawful for any permittee, owner, manager or employee or other agent of permittee to
cash or otherwise accept second party checks, or allow second party checks to be cashed or
otherwise accepted, on or about the cardroom premises;
(6) It is unlawful for any owner, operator, shareholder, manager, employee or any other person
employed by or having a financial interest in the cardroom to be physically present upon the
cardroom premises without having prominently displayed in plain view their own personal
identification card;
(7) It is unlawful for any permittee, owner, manager or employee of any cardroom to play
cards upon the cardroom premises in which they have an interest unless he or she wears their
identification card in plain view to all persons with whom they are playing cards. Managers or
employees of any cardroom may only play cards upon the cardroom premises with their own,
personal money.
(y) Inspections. All cardrooms shall be open for inspection by the police chief, the fire chief and any
other city official during normal business hours, without search warrant, who may seize any
evidence of any violation of this section without a search warrant or other legal process.
(z) Access. There shall be at least two (2) adequate and proper means of ingress and egress to the
immediate area of the cardroom tables.
(aa) Barroom Access. Cardrooms operating between the hours of 2:00 a.m. and 6:00 a.m. shall not
permit access to any alcoholic beverages during those hours. All alcoholic beverages shall be kept
in locked cabinets, storage closets, or in other secured containers during those hours.
The Gilroy City Code is current through Ordinance 2023-11, passed December 4, 2023.
Gilroy City Code 16.6-1 Cardrooms.Page 13 of 14
10.2
p. 130 of 172
(bb) Minors and Intoxicated Persons Prohibited. Permittee and permittee’s agents and employees
shall not allow persons under the age of twenty-one (21) and persons who are obviously under the
influence of an intoxicating beverage, narcotic or drug to play any game upon the cardroom
premises or to be or remain in or upon the cardroom premises.
(cc) Disorderly Conduct. All cardroom permittees, owners, operators, and managers are
responsible for insuring that no disorderly conduct occurs on or around the cardroom premises and
that no other similar conduct occurs on or around the cardroom premises such that it constitutes a
breach of the peace or that is otherwise detrimental to the public health, safety, or welfare.
(dd) Violation a Misdemeanor. Violation of this section shall be a misdemeanor.
(ee) Hours of Operation. Unless the hours of operation for a cardroom are restricted in the
cardroom permit, a cardroom, may operate twenty-four (24) hours per day. Each cardroom
permittee shall clearly post the hours of operation of the cardroom so as to provide law
enforcement and the cardroom patrons adequate notice of the hours of operation. (Ord. No. 677,
§§ 1, 2; Ord. No. 769, § 1; Ord. No. 86-19, § 55, 10-6-86; Ord. No. 86-25, § 1, 12-1-86; Ord. No. 94-
5, § I, 5-16-94; Ord. No. 99-4, § I, 4-19-99; Ord. No. 2000-4, § I—III, 2-7-00; Ord. No. 2000-05, § I,
3-6-00; Ord. No. 2003-15, § I, 10-9-03; Ord. No. 2010-08, § I, 5-3-10; Ord. No. 2013-05, § I, 3-4-13;
Ord. No. 2016-10, § 1, 6-6-2016; Ord. No. 2018-13, § 1, 9-17-18)
The Gilroy City Code is current through Ordinance 2023-11, passed December 4, 2023.
Gilroy City Code 16.6-1 Cardrooms.Page 14 of 14
10.2
p. 131 of 172
Page 1 of 7
City of Gilroy
STAFF REPORT
Agenda Item Title:Recreation Needs Assessment Implementation
Introduction
Meeting Date:September 9, 2024
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 Develop a Financially Resilient Organization
Ensure Neighborhood Equity from City Services
Maintain and Improve City Infrastructure
RECOMMENDATION
Council receive the presentation and provide direction if desired.
EXECUTIVE SUMMARY
Recreation had commenced a City of Gilroy Recreation Facility and Program Needs
Assessment (Assessment) by a consultant that began pre-pandemic but completed as
the pandemic was underway. Recreation has been focused on meeting needs and
restoring as much of the programming to pre-pandemic levels as possible and is now
moving towards implementation of the Assessment.
This agenda item is a report on the approach staff is currently planning towards
addressing the needs identified. In this report is the listing of the strategies identified
and summary of status or plan towards implementation, as well as discussion on the
capital improvements.
Additionally, staff is providing a discussion on the planned use of the $100,000
budgeted for implementation.
BACKGROUND
10.3
p. 132 of 172
Recreation Needs Assessment Implementation Introduction
City of Gilroy City Council Page 2 of 7 September 9, 2024
To optimize the delivery of recreation services, the City hired PROS Consulting in fall
2019 for the development of a Facility and Program Needs Assessment. With support
from the Mt. Madonna YMCA for the community survey, this Assessment included a
robust community engagement process and market research to identify current and
future resident needs related to recreation programs and facilities. The research was
used in tandem with industry knowledge and an internal assessment to determine
strategic priorities for advancing the Recreation Division’s operations and increasing
access to quality recreation in the Community.
It is important to note that the Covid-19 Pandemic began during the Needs Assessment.
Not only did this create major shifts to the organization during the assessment, but the
extensive community engagement process and feedback from residents was collected
prior to the pandemic. Every effort was made to reevaluate the assessment and
address Recreation at its then current state post-pandemic; however, there were some
components of the Assessment, such as community input, that were not feasible to
update.
Since the receipt of the assessment, and the fundamental changes post-pandemic, the
Recreation Division has been focused on its direction from Council, which is to provide
services to the community's vulnerable populations (seniors, adaptive, children) as a
first priority, and then to provide the remaining full recreational programming to the
greatest extent possible within its personnel and financial resources.
As a result of the reductions during the pandemic, recreation staffing has been reduced
in half, from 13 authorized full-time positions to six full-time authorized positions.
Immediately following the reduction, staff was able to perform the traditional services to
the vulnerable populations, as well as limited general recreational services. Since then,
the reduced recreation staffing has been able to provide levels of recreational
programming close to pre-pandemic levels despite the reduced staffing and financial
resources. This has been accomplished using contractors, both of full programs such as
aquatics as well as the use of contract classes, in combination with Recreation staff
provided programming.
ANALYSIS
The 2020 Recreational Needs Assessment (Assessment) presents a detailed
assessment of the community’s demographics, feedback of participating community
members in the input process, input from City staff at the time, and review of facilities.
From this information the assessment presented a set of identified needs. As the
Recreation Division has focused over the several past years on restoring the services
and programming that was reduced from the pandemic, it has progressed to a level now
where staff is returning to the needs assessment to accomplish two goals:
1. Begin or continue implementing many of the identified strategies to meet the
service needs listed in the Assessment; and
2. Use the Assessment to inform the development of a plan for Recreation’s growth
and service provision for the next 5-10 years.
10.3
p. 133 of 172
Recreation Needs Assessment Implementation Introduction
City of Gilroy City Council Page 3 of 7 September 9, 2024
The Recreation Division and other City departments have already made some progress
on the identified strategies from the Assessment, and a lot of work is about to
commence. Below are updates on some of the implementation items for work
underway.
•Add fee-based programs targeting adults 18-54
Based on the Assessment’s input from the community, this is one of the highest
needs. Although there is some adult programming, it is definitely the one that
receives the least amount of service, not just from City programming, but also
from potential contractors. Staff has a pilot program as part of the implementation
of the Assessment aimed to meet this need.
The City’s contract for classes and youth and children programming typically has
a revenue share where the contractor receives 60-70% of the revenue from
participants paying for classes, and the City receives the remainder to offset
costs, use of facilities, and other administrative actions. Staff is evaluating the
option of setting up select adult aged programming contracts to provide 90%
revenue share for the contractor, and the City receiving 10%. The intent is that
this level of revenue share might entice local organizations or individuals to offer
more of the adult aged classes that are needed according to the Assessment.
•Restore key programs at 100% Cost Recovery
A significant number of the key programs, aside from services for vulnerable
populations, have been restored over the past few years since the Assessment
was released. The programs are targeting 100% cost recovery and will continue
to make adjustments as part of the recreation fees to maintain 100% cost
recovery for those categories as identified in the Council’s approved cost
recovery ordinance. This has been met with the annual update to the user fee
schedule that Council adopted.
•Recruit 5-8 new contract instructors per year
Recreation will continue this practice of soliciting for programs that are not
currently being provided and searching for new contractors to bring into the
growing list of providers who deliver programming through the City’s recreation
programs. For example, last year two new arts-related classes were initiated with
the aid of a contract instructor, and more are being pursued.
•Use more digital advertising to promote programs
Recreation staff will be working with the City’s Communications and Engagement
Office, as well as possibly outside consultants, to help better market and
advertise programming, and to better utilize these methods as part of the growth
plan.
•Community Center
10.3
p. 134 of 172
Recreation Needs Assessment Implementation Introduction
City of Gilroy City Council Page 4 of 7 September 9, 2024
The assessment identified updating and retrofitting the Wheeler Center to
perform the functions of a community center. However, since the adoption of the
plan, Council has approved the creation of an updated Civic Center Master Plan.
The development of a multipurpose Community Center shall be considered as
part of the Civic Center master plan update, which the request for proposals for
the consultant on this project has just been issued.
A new community center as part of the Civic Center Plan will greatly address the
needs as identified in the assessment, as well as meet a lot of the interest and
requests that have been heard over the past several years from the community
and community-based organizations.
•Create a Downtown Park
The Downtown Committee identified and recommended to Council the creation
of the downtown pop-up park. The Council supported that effort and so the
Donald “Elvis” Prieto Downtown Pop-up Park was developed in its current state.
Recently, the Parks and Recreation Commission adopted a recommendation that
will be coming to the City Council to contract for a park design to further enhance
its aesthetics and use as a park. This matter will be coming to Council in early
2025 as staff is working to identify funding availability for the project.
•Add grant writing support
The City’s grant writing firm and staff have been applying for funding and will
continue to do so.
•Establish a foundation
A citizen foundation for Gilroy parks has been formed by concerned residents.
Staff will be considering as part of the implementation ways to mutually conduct
fundraising and gathering donations for improvements in our parks. Additionally,
Council approved this year the Donation and Fundraising Policy, which
specifically authorized staff and the Parks and Recreation Commission to
prepare and conduct fundraising and solicit donations for parks and recreational
purposes.
Existing Recreation-Related Capital Projects
The Assessment identifies the below projects that were in the CIP at the time of
production. Below is the list from the document, with prices estimated at 2020 values.
10.3
p. 135 of 172
Recreation Needs Assessment Implementation Introduction
City of Gilroy City Council Page 5 of 7 September 9, 2024
Below are updates on some of the projects identified above, all others are currently
awaiting funding.
•Gilroy Golf Course Water Tank Replacement – the water tank for the irrigation
system is budgeted for this fiscal year.
•Lions Creek Trail Development – the City has received a US Congressional
Grant, as well as a Recreational Trail Program Grant for this project. Staff is
completing required submittals and environmental work on this project currently.
•San Ysidro Park Healthy Living Enhancement – the City received a US
Congressional Grant for this project. Staff is awaiting confirmation from the US
Department of Housing and Urban Development authorizing the City to proceed
with the project.
•Wheeler Center Trellis Replacement – the deteriorating trellis has been removed.
At this time, no funding has been allocated for replacement. This facility is going
to be evaluated as part of the Civic Center Master Plan update.
For the remaining and future capital projects, staff will be evaluating the feasibility of
some pilot programs to help deliver such projects. These include:
10.3
p. 136 of 172
Recreation Needs Assessment Implementation Introduction
City of Gilroy City Council Page 6 of 7 September 9, 2024
1. Use of donated materials and volunteers for completing smaller capital
improvements and construction
Recreation staff will work with Public Works, Human Resources, Risk
Management and Finance to identify and explore ways to engage donations of
materials and of volunteer time from professionals to complete smaller to
moderate sized projects to help deliver improvements or new construction of
outdoor and smaller facilities. As one example of this proposed strategy, staff will
be reaching out to regional trade schools and apprenticeship organizations to
evaluate the opportunity to work with them and their students on projects that
might provide them project experience and materials to work with while
constructing outside facility improvements for the City at a significantly reduced
cost compared to traditional approaches.
2. Evaluate micro-phasing for parks-related capital improvements
For larger capital projects, in addition to phasing a project, staff will be evaluating
micro-phasing of projects to see if it is viable for outdoor facilities. An example
might be soccer fields, phasing a multi-field project to a single soccer field, but
then micro-phasing based on available funding to do ground leveling and
preparation, then irrigation installation and grass seed-casting, then soccer goals
and signage as a third-microphase. Projects would take longer than if
constructed at one time, but forward momentum and constant improvement
activity would be possible with smaller funding streams.
Planned Use of the $100,000 for Implementation
The adopted budget for Fiscal Year 2025 identifies $100,000 for implementation of the
Assessment, including identifying sites for pickleball, BMX and Frisbee Golf. Staff is
about to complete a year-long project with the Parks and Recreation Commission to
issue a recommendation to the City Council of ranked preference for City parks for the
location of potential future pickleball courts. Based on this experience, staff feels that
identifying potential site locations within existing City properties is within the capabilities
of staff and the Parks and Recreation Commission.
Staff is planning on the implementation and growth planning to be done in-house.
Therefore, staff is proposing to use the above amount authorized by Council in this
budget for construction of one of the implementation projects in the Assessment, the
ADA restroom door retrofits at the Senior Center.
As mentioned before, the primary duty of the Recreation Division after the pandemic is
to provide services to the community’s vulnerable populations. Additionally, all other
project improvements, with the inflation rates having been observed over the past few
years, would price out other projects with the amount appropriated. The ADA retrofits
will help keep the Senior Center as accessible, allowing more users to visit the site
without concerns about being able to utilize the restrooms. The project was originally
quoted at $50,000 in 2020, but the project will likely land in the range of $80,000 to the
full $100,000 based on inflation. Should there be any extra funding remaining, staff is
10.3
p. 137 of 172
Recreation Needs Assessment Implementation Introduction
City of Gilroy City Council Page 7 of 7 September 9, 2024
planning on using it for other, smaller cost repairs and improvements at either the
Senior Center or one of the other City facilities or parks.
ALTERNATIVES
No alternatives have been analyzed for this report. The report is primarily informational
as the implementation continues and expands. As the work is performed, updates will
be provided, and any task requiring Council approval or direction will be brought before
Council, with listed alternatives for the project or program in question.
FISCAL IMPACT/FUNDING SOURCE
No fiscal impacts are created by means of this report. Individual projects will use staff
time and budget appropriations already approved by the City Council, including the
$100,000 appropriated specifically for this effort. Should any future activity trigger a
need for additional appropriations, staff will return to Council for any amendments to the
adopted budget.
PUBLIC OUTREACH
There was public outreach and input gathered by the consultant of the original study.
This item was included on the publicly posted agenda for this meeting.
NEXT STEPS
Staff will commence more detailed planning and implementation of the approaches
identified in this report, except for any which Council may provide alternative direction.
Attachments:
1. 2020 City of Gilroy Recreation Facility and Program Needs Assessment – Executive
Summary
10.3
p. 138 of 172
10.3
p. 139 of 172
10.3
p. 140 of 172
ACKNOWLEDGEMENTS
THANK YOU TO ALL THE RESIDENTS & STAKEHOLDERS FOR CONTRIBUTING
INPUT THROUGHOUT THE DEVELOPMENT OF THIS NEEDS ASSESSMENT
2020 GILROY PARKS & RECREATION COMMISSION
Patricia Bentson, Chair
Theresa Graham
Robert Miller
Ermelindo Puente
Angela Reinert
Michelle Wexler
GILROY RECREATION STAFF
Maria De Leon, Program Administrator
Carina Baksa, Management Analyst
Monica Gonzalez, Community Coordinator
Adam Henig, Recreation Manager
Judy Mireles-Janisch, Recreation Coordinator
Monica Sendejas, Recreation Coordinator
SPECIAL THANKS TO THE MT. MADONNA YMCA FOR CONTRIBUTING TO THE
COMMUNITY SURVEY
CONSULTANT TEAM
Neelay Bhatt, Vice President and Principal Consultant, PROS Consulting, INC.
Nick Deardorf, Senior Project Manager, PROS Consulting, INC.
Jason Morado, Statistically-Valid Survey, ETC Institute
10.3
p. 141 of 172
10.3
p. 142 of 172
TABLE OF CONTENTS
CHAPTER ONE – EXECUTIVE SUMMARY ............................................................................. 1
10.3
p. 143 of 172
10.3
p. 144 of 172
1
CHAPTER ONE – EXECUTIVE SUMMARY
INTRODUCTION
The City of Gilroy (“City”) is a hard-working, suburban community, full of rich heritage and vibrant
culture. It is a youthful city with strong family values that is well known throughout the bay area and
beyond as the Garlic Capital of the World. Gilroy has a storied past that makes it unique and represents
a community that is defined by its resiliency. Like many great cities, Gilroy also provides enhanced
quality of life for residents through its parks, trails, and recreational facilities. The Gilroy Recreation
Division (“GRD”) plays a vital role in the community by providing access to recreation opportunities
through the provision of quality programs and services.
In an effort to optimize the delivery of services, the City, with support from the Mt. Madonna YMCA for
the community survey, hired PROS Consulting for the development of a Facility and Program Needs
Assessment (“Assessment”). This Assessment included a robust community engagement process and
market research to identify current and future resident needs related to recreation programs and
facilities. The research is used in tandem with industry knowledge and an internal assessment to
determine strategic priorities for advancing GRD and increasing access to quality recreation in the City.
Prior to the Covid-19 pandemic, GRD had a set of goals that are no longer attainable due to limitations
imposed by major budget cuts, the elimination of program offerings, and the reorganization of GRD,
which reduced it from a “Recreation Department” to a “Recreation Division”. During the pandemic, the
City began developing protocols for mitigation and the financial situation resulted in significant
budgetary and staffing cutbacks. This included a freeze on all current programs that were not able to
generate full cost recovery unless they were deemed essential services serving vulnerable populations.
It is important to note that the Covid-19 Pandemic began during the final steps of the Needs Assessment.
Not only did this create major shifts to the organization in the midst of the Assessment, but the extensive
community engagement process and feedback from residents was collected prior to the pandemic. Every
effort was made to reevaluate the Assessment and address GRD in its current state, post-pandemic;
however, there were some components of the Assessment, such as community input, that were not
feasible to update.
The City of Gilroy managed to keep outdoor recreation available to residents throughout the Covid-19
pandemic and GRD has done its best to continue providing offerings to the Community within the current
limitations. The staff has continued to monitor changes in local and State Executive Orders and health
guidance to adjust and maximize programming within restrictions.
The following passages of the Executive Summary provide a high-level summary of the Assessment
findings and outlines the key strategies moving forward. The full Assessment report ensues the Executive
summary and provides more detailed findings.
HISTORY
The following is a brief timeline of the history of GRD:
• In 1947, the Recreation Department was established in order to provide recreational
opportunities for Gilroy residents.
• In an effort to create greater efficiency throughout City Hall, and per directive from City Council,
the Recreation Department expanded into the Community Services Department, which was made
up of: Recreation, Parks, Facilities, Environmental Services, and the Gilroy Museum.
• In 2002, City of Gilroy issued a Parks and Recreation System Master Plan. It was updated in 2004.
10.3
p. 145 of 172
FACILITY & PROGRAM NEEDS ASSESSMENT
2
• During the Great Recession in 2009, the Community Services Department was disbanded and, due
to the budget cuts, some staff were laid off. Recreation became its own department. Parks,
Facilities and Environmental Services was transferred to Public Works. The Museum was operated
by volunteers through the Gilroy Historical Society.
• In 2012, the City opened the Christopher High School Aquatics Center, offering both recreation
swim and swimming lessons.
• In 2020, during the Covid-19 Pandemic, the City experienced another budget downturn, which
led to Recreation Department staff layoffs. The smaller staff now make up the Recreation
Division, which is operating out of the Administration Department.
GOALS
The following goals were established for the Needs Assessment:
• Engage the diverse Gilroy community served by the GRD and YMCA, leadership, and stakeholders
through an inclusive, and innovative public outreach process to build a shared vision for facilities
and programs.
• Utilize a wide variety of data sources and best practices including a bi-lingual (English and
Spanish) statistically-valid survey to predict trends and patterns of use and how to address unmet
facility and program needs in Gilroy served by the GRD and YMCA.
• Determine unique Level of Service Standards and utilization to develop appropriate actions
regarding that reflects the GRD and YMCA’s strong commitment in providing high quality facilities
and programs for the Gilroy community.
• Understand program capacity and compatibility with users through innovation and “next”
practices for the GRD and YMCA to achieve the strategic objectives, identify current and project
future recreation facility demands, and highlight revenue generation and partnership
opportunities.
• Develop a prioritized needs assessment to ensure long-term success through a data driven and
community values supported approach.
10.3
p. 146 of 172
3
KEY FINDINGS
The following sections highlight the major elements of the Plan and outlines the key findings from the
Needs Assessment.
DEMOGRAPHIC ANALYSIS
The following are the key takeaways from the Demographic Analysis found in section 2.2.
• The population is growing rapidly, at nearly twice times the national growth rate. As the
population continues to grow, GRD must pay close attention to demographic shifts in the future
to ensure that offerings continue to evolve to meet the changing needs of the community.
• City residents are much younger than average and there is a strong presence of families;
however, the active adult population (55+ years old) is the only age segment expected to grow
over the next 15 years. By 2034, the active adult population is expected to supplant the youth
population (0-17 year olds) as the largest age segment in the City. GRD must continue to provide
services for all and reevaluate its programming mix to effectively transition as the population
ages.
• The local populace is very diverse and unique in its racial / ethnic composition. A significant
presence of Hispanic / Latino residents emphasizes the importance of providing services and
marketing programs in a bilingual format. Based on population projections, the Asian population
is expected to be the fastest growing race in the City, so it will be important to confirm that
participation among Asians is consistent with the trend and marketing is effective in reaching
the growing population (i.e. evaluate language barriers and cultural interests).
• While household income is significantly higher than average, earning per individual is much closer
to average. This is a factor of large household sizes in the City and a tendency for multi-
generational, multi-family dwellings. It is important to consider this household dynamic where
families tend to be larger, more cohesive units and are likely interested in recreational
opportunities that are conducive to larger groups, emphasize culture / community, and pricing
that offers value at the household level.
10.3
p. 147 of 172
FACILITY & PROGRAM NEEDS ASSESSMENT
4
RECREATION TRENDS
The Plan also explored recreational trends on a national, regional, and local level to better understand
the types of activities District residents are likely to participate in. The full Recreational Trends Analysis
can be found in Section 2.3.
Overall, residents demonstrate below
average MPI numbers, with only 25% of
activities assessed exceeding the
national average. The outdoor
recreation category has the highest
deficiencies in MPI, as no single activity
is above the national average.
Activities with the highest MPI scores
include Soccer, Visiting a Theme Park,
Zumba, Visiting an Indoor Water Park,
Dancing, and Baseball. The lowest
rated activities, based on MPI, were all
water related: Freshwater Fishing,
Canoeing / Kayaking, and Power
Boating.
Below average MPI scores suggest that
residents have a rather low
participation presence in recreational
activities and could indicate a lack of
access to open space, facilities, and
programs / services. This is significant
because GRD is a primary provider of
recreation for residents and its mission
is to provide broad access and
opportunities for recreating in Gilroy.
PUBLIC INPUT
As a fundamental component of the planning process, the project team conducted a series of stakeholder
interviews and public meetings over a two-day period in December 2019. The feedback received from
community stakeholders is critical to the discovery phase of the Facility & Program Needs Assessment to
uncover the recreational needs, interests, and challenges facing GRD from the perspective of residents,
users, and other key stakeholders of the system. Questions asked were designed to better understand
current strengths, opportunities, and priorities for GRD as it continues to be a leader in providing
recreational opportunities in the community.
In total, the public input process connected with approximately 225 individuals. Stakeholder interview
and public meeting attendees included:
• Residents and various user groups
• Elected Officials
• City Departments
• South County Youth Task Force
137
107 100 99 99 93 88 86
0
20
40
60
80
100
120
140
160
Soccer Baseball Softball Basketball Football Volleyball Tennis GolfMPI ScoresGeneral Sports MPI
Gilroy National Average
99 97 95 88 85 77 75 64
0
20
40
60
80
100
120
Bicycling(mountain)Bicycling(road)Hiking HorsebackRiding Backpacking Boating(power)Canoeing/Kayaking Fishing(freshwater)MPI ScoresOutdoor Activity MPI
Gilroy National Average
10.3
p. 148 of 172
5
• City Staff
• GRD Leadership
• Mt. Madonna YMCA
• Community Advocacy Groups
• Local Business Community
Although the Stakeholders have a variety of priorities for GRD, some common themes were identified
through interviews. First and foremost, GRD must find the best path to fiscal sustainability, while
addressing shortcomings related to aging infrastructure and future needs of the community. Many are
hopeful this planning process clearly identifies the recreational needs of the community, provides a vision
for GRD, and gauges the support for additional taxes that could solidify the operational and/or capital
needs of the community.
Top priorities for GRD that were most frequently mentioned include:
1. Increase access to indoor recreation space, specifically a multi-generational, multi-purpose
recreation center.
2. Provide healthy, vibrant recreational programs for all Gilroy residents.
3. Improve fiscal sustainability for GRD by establishing cost recovery goals, an effective pricing
strategy, and performance metrics.
4. Understand community wants and needs for facilities and programs.
5. Improve existing facilities and infrastructure.
6. Better communicate the value and benefits of GRD to bolster support from city council and the
community at large.
Additional details about the subjective public input in included in Section 3.1 & 3.2.
STATISTICALLY VALID SURVEY
ETC Institute administered a parks and recreation needs assessment in late 2019 for the City. This
assessment was administered as part of the City’s efforts to develop area parks, facilities, and programs.
Information compiled from the assessment will provide key data to set a clear vision for the future. This
survey helps determine priorities for parks, recreation facilities, program offerings, and special event
offerings in the City from the residents’ perspective.
The goal was to obtain completed surveys from at least 375 residents. The goal was exceeded with a
total of 419 residents completing the survey. The overall results for the sample of 419 households have
a precision of at least +/-4.8% at the 95% level of confidence.
The detailed results are presented in Section 3.3.
Priorities for Investment: The Priority Investment Rating (PIR) was developed to provide organizations
with an objective tool for evaluating the priority that should be placed on Parks and Recreation
investments. The PIR equally weights (1) the importance that residents place on facilities / programs
and (2) how many residents have unmet needs for the facility / program.
In order to ensure that GRD continues to meet the needs and expectations of the community, this Needs
Assessment recommends that the City sustain and/or improve the performance in the following areas
that were identified as “high priorities” by the Priority Investment Rating (PIR).
10.3
p. 149 of 172
FACILITY & PROGRAM NEEDS ASSESSMENT
6
FACILITY / AMENITY PRIORITIES
Based the Priority Investment Rating (PIR), the following eight facilities/amenities were rated as high
priorities for investment:
• Multiuse paved trails (PIR=187)
• Indoor swimming pool (PIR=158)
• Community center (PIR=148)
• Multiuse unpaved trails (PIR=132)
• Open space conservation areas (PIR=113)
• ADA/senior accessible parks/walking trails (PIR=111)
• Shaded play areas (PIR=106)
• Small neighborhood parks (PIR=105)
PROGRAM PRIORITIES
Based on the priority investment rating (PIR), the following three activities/programs were rated as “high
priorities” for investment:
• Adult fitness and wellness programs (PIR=200)
• Exercise classes (PIR=151)
• Senior programs (PIR=113)
Source: ETC Institute 2019
Source: ETC Institute 2019
10.3
p. 150 of 172
7
ONLINE COMMUNITY SURVEY
In addition to the statistically-valid community survey, an online survey
(powered by SurveyMonkey) was conducted to better understand the
characteristics, preferences, and satisfaction levels of residents. The online
survey mirrored questions from the statistically-valid survey distributed by
ETC. This allowed residents that were not randomly selected for the ETC
survey the opportunity to be part of the community input process.
The survey was available from May to June 2020, and included versions in both English and Spanish. The
online survey received a total of 640 anonymous responses, which consisted of 613 taken in English and
27 completed in Spanish. The following is a summary of the findings:
COVID-19 IMPACT / COMMUNITY BENEFIT
• 74% of survey respondents believe that the COVID-19 pandemic has increased the household value
of recreation, parks, trails, and open space.
• 81% of survey respondents Agree or Strongly Agree that GRD makes Gilroy a more desirable place
to live
• 79% of those surveyed Agree or Strongly Agree that GRD provides volunteer opportunities for the
community.
• 79% of survey respondents Agree or Strongly Agree that GRD provides positive social interactions
for households
PARKS AND FACILITIES
• 94% of those surveyed have visited a City park or facility within the last year, with 74% visiting
at least once a week.
• 68% of respondents that visited a park or facility rate the quality as either Good or Excellent.
• Top three barriers for park visits include, Do not feel safe using parks/trails (42%), Lack of
restrooms (38%), and Lack of features we want to use (35%).
• Top three needs include; Multi use paved trails, large community parks, and multi-use unpaved
trails.
• The top three most important amenities include Multi-use paved trails, indoor swimming pool,
and multi-use unpaved trails.
MARKETING
• Top three marketing methods used to learn about recreation programs include the City
Recreation Guide (70%), City Website (58%), and Friends & neighbors (52%).
• Respondents indicated they would prefer to learn most through the City Recreation Guide (55%),
Emails (53%), and City Website (44%).
PROGRAMS
• 58% of respondents have participated in GRD programs in the last year, with 68% participating in
at least two programs per year.
• 91% of those surveyed rated the quality of programs as either Good or Excellent.
• Top three barriers for participation in programs include; I don’t know what is being offered (28%),
Too busy/not interested (25%), Program times are not convenient (22%).
• Top three program needs include: Community special events, adult fitness and wellness, and
exercise classes.
10.3
p. 151 of 172
FACILITY & PROGRAM NEEDS ASSESSMENT
8
• Most important programs include; adult fitness and wellness, swim lessons, and Youth sports
programs/camps.
POTENTIAL SUPPORT FOR MULTI-GENERATIONAL COMMUNITY CENTER
• If the City developed a multi-generational facility, survey respondents indicated the most used
recreation spaces would be: indoor swimming pool lap lanes, aerobics/fitness/gymnastics space,
and indoor walking/running track.
• Among those surveyed, funding of a potential facility has the most support at a 50%/50% split for
taxes and user fees, followed closely by 75% tax / 25% user fees.
10.3
p. 152 of 172
9
BENCHMARK ANALYSIS
Benchmarking is a great tool for evaluating how effective an organization is by comparing it to
competitors, similar agencies, and/or industry best practices. By looking outward, GRD can better
understand how well it is performing relative to industry norms. The goal of the analysis is to evaluate
how GRD is positioned among peer agencies, as it applies to efficiency and effectiveness practices.
Information was obtained from the National Recreation and Park Association’s (NRPA) Park Metrics
database and reflects data reported by park and recreation agencies from 2017-2019. This report focused
on information from the full NRPA database as well as the subset of similar sized agencies (serving 50K-
100K people), and information is provided at the lower quartile, median, and upper quartile levels for
comparison.
The Benchmark Analysis provides a comparison of key performance factors for GRD to evaluate its own
metrics against moving forward. As organizational changes continue to settle in for GRD, it will be
important for the GRD to track performance measures and assess them against industry benchmark levels.
The key performance metrics that were selected for analysis included:
• Park and Recreation FTEs per 10,000 residents
• Operating Expenditures per Capita
• Distribution of Operating Expenditures
• Park and Recreation Revenue per Capita
• Five-Year Capital Budget Spending
• Targets for Capital Expenditures
10.3
p. 153 of 172
FACILITY & PROGRAM NEEDS ASSESSMENT
10
SWOT ANALYSIS
The following tables describe the strength, weaknesses, opportunities, and threats (SWOT) of GRD that
were identified during the planning process. It is important to note, the SWOT Analysis was conducted
prior to the Covid-19 pandemic.
Strengths (Internal – May be able to control) Weaknesses (Internal – May be able to control)
• Seasonal Activity Guide reaches all Gilroy
households
• Experienced and adaptable recreation staff
with varied backgrounds and levels of expertise
• Accessible and affordable programs for all
residents
• Division-funded youth scholarship fund
• City-wide volunteer program
• Youth job development training / employment opportunities
• Successful partnerships (GUSD, community-
based organizations, grass-roots, public
health, businesses)
• Programming for at-risk youth (i.e., Late Night
Gym, Pro-Com Tournaments, Public Safety Partnerships)
• Support South County Youth Task Force (San
Ysidro/East Gilroy)
• New registration software that is more
customer service friendly, provides more
options and is easier to navigate
• Program offerings for non-residents
• Award-winning marketing/media promotions
• Multiple program locations/facilities in Gilroy
• In-house certified CPR, First Aid, AED, lifeguards and lifeguard instructors
• High level of customer satisfaction and loyalty
• Provide free recreational opportunities at-risk,
disenfranchised and low-income children and
families
• Successful partnership with public safety
agencies
• Bilingual staff
• Offer culturally relevant programming
• Provide intergenerational programming
• Program fees could be increased for recreation
activities
• The non-resident fee is too low (Currently $10)
• Staff supports four commissions, impeding on
their ability to grow revenue generating
programs
• Strong WiFi not available at all city facilities.
• No long-term marketing strategy or plan
• Lack Spanish translation on many marketing materials such flyers, email announcements,
and parks and facility reservation policies
• Staff is not active enough in CPRS District 4
meetings, conferences and trainings
• Lack of opportunities for customer feedback on
program experience
• Staff doesn’t do enough to “Tell our story”
using videos, images and social media outlets
• Lack of branding (name recognition)
• Lack of innovative and progressive programming
(e.g., pet-involved, surfing/paddle boarding)
• Retention of experienced p/t staff
• Not enough time spent recruiting new contract
instructors
• Long term programming for high profile grant
funded programs is threatened when grant ends
• No dedicated grant writer
• No participant membership fee that would
generate a steady revenue stream, similar to
Morgan Hill
10.3
p. 154 of 172
11
Opportunity (External–May not be able to control) Threats (External – May not be able to control)
• Potential San Jose Sharks ice-rink development / partnership
• Potential development of an outdoor dirt bike park and trails
• Dedicated Division Grant Writer
• Dedicated Marketing Coordinator
• Corporate sponsorships
• Dedicated handyperson to make repairs on
facilities
• Child care program at shopping outlets
• Employee registration discounts
• City-owned, year-round swimming pool
• Placement of marque/electronic billboard
with high visibility location
• Mobile Recreation Van to program in
neighborhoods
• Increase budget to reflect and serve growing population
• Attract more regional participants in programming and special events
• Aging city-owned facilities lack modern amenities and accessibility
• Staffing levels, program budgets, and facilities are limiting programming opportunities
• Pressure to generate more revenue but still serve
both affluent & low-income residents (income is
lowest in SCC)
• Gilroy residents participating in Morgan Hill
recreation programs
• Insurance requirements limit potential
contractors
• Trouble recruiting p/t staff due to low wages
• Losing p/t staff due to a City policy that doesn’t
allow more than 25 hours
• Length of time to recruit and onboard new
employees and volunteers (i.e., Human
Resources)
• Lack of facilities for recreation classes
• Lack of access to GUSD facilities and playgrounds due to student priority use & to protect from
vandalism
• State funded Free Transitional Kindergarten
program, negatively affecting current ECR enrollment
• Competition with state funded Power School program (free afterschool and summer
programming)
• Increased competition from CBO’s, fitness/
sports clubs, travel teams and churches
• Lack of local jobs limiting commuters time to
participate in recreational opportunities
• Limited technological resources
• Limited ability to conduct outreach to at-risk &
disengaged children and youth
• New Division staffing, budget and organizational
situation
10.3
p. 155 of 172
FACILITY & PROGRAM NEEDS ASSESSMENT
12
PROGRAM ASSESSMENT
As part of the Needs Assessment, the consulting team conducted a Recreation Program Assessment for
GRD. The assessment offers an in-depth perspective of program and service offerings and helps identify
strengths, challenges, and opportunities regarding programming. The assessment also assists in
identifying core programs, program gaps within the community, key system-wide issues, areas of
improvement, and future programs and services for residents and visitors. The following are the key
highlights from the program assessment:
• A total of ten (10) Core Program Areas were established by the Division. Overall, the program
descriptions effectively communicate the key benefits and goals of each Core Program Area.
• Age segment distribution is good, but this needs to be monitored to ensure program distribution
aligns with community demographics, especially in regards to families and seniors. The Division’s
target audience has a strong family presence, while it is projected to experience an aging trend.
• The Classification of Programs analysis reveals the majority of the current mix is focused on
Value-Added services, which are the most sustainable offerings because they are supported by
user fees; however, these programs primarily benefit individual users. With less than 11% of
programs classified as Essential services, the Division must assess whether it is providing
sufficient opportunities for little to no cost that support the greater good of the community.
• The Program Lifecycle distribution reflects a mix of young and old programs offered by GRD.
While the majority of programs are in the early lifecycle stages, the saturation and decline stages
have a higher distribution of programs than recommended. It will be important to refresh the
programming mix with new, or revised, programs that backfill the beginning lifecycle stages as
existing programs begin to mature and reduce programs that are in decline.
• The Division’s volunteer program allows residents and organizations to easily get involved and
give back to the community through various volunteer opportunities, special events, programs,
etc. The Division must continue to evaluate and improve its formal volunteer policy by tracking
key performance data and trends.
• From a marketing and promotions standpoint, the staff utilizes a variety of marketing methods
when promoting their programs including: printed and online program guides, the Division’s
website, email blasts, online newsletter, in-facility signage, and social media channels as a part
of the marketing mix. The Division would benefit from identifying marketing Return on
Investment (ROI) for all marketing initiatives and there may be opportunities to increase the
number of cross-promotions.
• Currently, customer feedback methods are limited to only post-program surveys. Moving
forward, it is strongly recommended that the Division begins incorporating additional user
feedback on a consistent basis, as a key performance measure that can be tracked over time.
• Pricing strategies are varied across the different Program Areas and somewhat limited in the
variety of tactics utilized. The most frequently used approaches include differential pricing
based on residency and customer’s ability to pay. These are good practices and must be
continued, but there is a potential opportunity to incorporate a pricing strategy based on age
segments, prime versus non-prime times, and tying pricing strategies to cost recovery goals.
• Financial performance measures such as cost recovery goals have recently been implemented
and it will be important to effectively track the actual cost recovery performance and create
more well-defined cost recovery goals. Moving forward, staff must be sure to track direct and
indirect costs for programs down to the individual program offerings to better assess whether
the Division is meeting established goals.
10.3
p. 156 of 172
13
LEVEL OF SERVICE (LOS) ANALYSIS
Level of Service (“LOS”) standards matrix was developed during the planning process, which describes
the inventory for GRD and other similar providers (e.g. school district) in relation to the population
served. The LOS is an effective measure that can be used to support capital investment decisions related
to parks, facilities, and amenities.
In collaboration with GRD staff, the planning team developed the appropriate standard service level for
a variety of parks, facilities, and amenities. The level of service standards were applied to the current
population, as well as projections over the next five years to anticipate additional inventory that will be
necessary to meet needs for a growing population over the next five years.
Applying the facility standards to the service area, gaps and surpluses in park and facility/amenity types
are identified. Based on this methodology, it is recommended that the City add the following park acres,
trail miles, and amenities by 2024:
• 46 acres of Neighborhood Parks
• 9 acres of Community Parks
• 3 miles of Paved Trail
• 9.69 miles of Unpaved Trail
• 1 Park Shelter
• 2 Pavilions
• 2 Multipurpose Fields
• 3 Outdoor Basketball Courts
• 2 Splashpads
• 1 Outdoor Pool
• 56,300 SF of Indoor Community Recreation Space
• 29,380 SF of Indoor Aquatic Space
Park Type Gilroy
Inventory
School
Inventory
Total
Inventory
Meet Standard/
Need Exists
Meet Standard/
Need Exists
Mini/Pocket Parks 0.68 0.68 0.01 acres per 1,000 0.00 acres per 1,000 Meets Standard - Acre(s)Meets Standard - Acre(s)
Neighborhood Parks 42.40 42.40 0.76 acres per 1,000 1.50 acres per 1,000 Need Exists 41 Acre(s)Need Exists 46 Acre(s)
Community Parks 197.00 197.00 3.54 acres per 1,000 3.50 acres per 1,000 Meets Standard - Acre(s)Need Exists 9 Acre(s)
Total Developed Park Acres 240.08 - 240.08 4.32 acres per 1,000 5.00 acres per 1,000 Need Exists 38 Acre(s)Need Exists 54 Acre(s)
Undeveloped (Open Spaces)128.00 128.00 2.30 acres per 1,000 2.00 acres per 1,000 Meets Standard - Acre(s)Meets Standard - Acre(s)
Total Park Acres 368.08 - 368.08 6.62 acres per 1,000 7.00 acres per 1,000
TRAILS:
Paved Trails 11.69 11.69 0.21 miles per 1,000 0.25 miles per 1,000 Need Exists 2.21 Mile(s)Need Exists 3.00 Mile(s)
Natural Trails 5.00 5.00 0.09 miles per 1,000 0.25 miles per 1,000 Need Exists 8.90 Mile(s)Need Exists 9.69 Mile(s)
Total Trail Miles 16.69 16.69 0.30 miles per 1,000 0.50 miles per 1,000 Need Exists 11.11 Mile(s)Need Exists 12.69 Mile(s)
OUTDOOR AMENITIES:
Park Shelters 5.00 5.00 1.00 site per 11,121 1.00 site per 10,000 Need Exists 1 Sites(s)Need Exists 1 Sites(s)
Pavilions 2.00 2.00 1.00 site per 27,802 1.00 site per 15,000 Need Exists 2 Sites(s)Need Exists 2 Sites(s)
Youth Ball Fields 7.00 7.00 1.00 field per 7,943 1.00 field per 9,000 Meets Standard - Field(s)Meets Standard - Field(s)
Adult Ball Fields 3.00 3.00 1.00 field per 18,535 1.00 field per 20,000 Meets Standard - Field(s)Meets Standard - Field(s)
Rectangular Multi-Purpose Fields 6.00 6.00 1.00 field per 9,267 1.00 field per 7,500 Need Exists 1 Field(s)Need Exists 2 Field(s)
Basketball Courts 7.00 7.00 1.00 court per 7,943 1.00 court per 6,000 Need Exists 2 Court(s)Need Exists 3 Court(s)
Tennis 10.00 10.00 1.00 court per 5,560 1.00 court per 7,500 Meets Standard - Court(s)Meets Standard - Court(s)
Playgrounds 17.00 17.00 1.00 site per 3,271 1.00 site per 5,000 Meets Standard - Site(s)Meets Standard - Site(s)
Dog Parks 2.00 2.00 1.00 site per 27,802 1.00 site per 30,000 Meets Standard - Site(s)Meets Standard - Site(s)
Skateparks 1.00 1.00 1.00 site per 55,604 1.00 site per 60,000 Meets Standard - Site(s)Meets Standard - Site(s)
Splashpads - - 1.00 site per - 1.00 site per 30,000 Need Exists 2 Site(s)Need Exists 2 Site(s)
Outdoor Pools - 0.33 0.33 1.00 site per 168,497 1.00 site per 50,000 Need Exists 1 Site(s)Need Exists 1 Site(s)
INDOOR AMENITIES:
Indoor Recreation Space (Square Feet)22,714.00 9,126.15 31,840.15 0.57 SF per person 1.50 SF per person Need Exists 51,566 Square Feet Need Exists 56,300 Square Feet
Indoor Aquatic Space (Square Feet) - - - - SF per person 0.50 SF per person Need Exists 27,802 Square Feet Need Exists 29,380 Square Feet
55,604
58,760
Current Estimated Population
5-Year Projected Population
2019 Inventory - Developed Facilities 2019 Facility Standards 2024 Facility Standards
Current Service Level based
upon population
Recommended Service Levels;
Revised for Local Service Area
Additional Facilities/
Amenities Needed
Additional Facilities/
Amenities Needed
10.3
p. 157 of 172
FACILITY & PROGRAM NEEDS ASSESSMENT
14
EQUITY MAPS
Equity Maps utilize level of service standards to assist City leadership and staff in assessing where services
are offered and determining equitable service distribution and delivery across the service area. These
maps provide a visual depiction of the effectiveness of the service as it pertains to the demographic
density. In addition, Equity Maps allow GRD to identify gaps and overlap in services with respect to a
specific park, trail, facility, or amenity. This assessment allows GRD to make appropriate capital
improvement and development decisions based on the population needs and the Equity Maps allow a
quick visualization of geographical areas that may be under/overserved. Equity Maps were developed
for each of the following major assets:
The shaded rings in the Equity Maps indicate the service level (i.e. the population being served by a
specific park type/facility/amenity) as outlined in the level of service matrix. Thus, the central point
inside the ring indicates the location of the facility or amenity. The ring extends out from the central
point based on the service reach of a particular park, facility, or amenity when compared to the
population nearby. Equity Maps are based on the size of a park / facility or the number of amenities at
a location, the established level of service standards, and the density of the surrounding population.
As can be seen, GRD is providing great access to Playgrounds, but is lacking any Indoor Aquatic Space.
The Equity Maps for various park and amenity types are in Section 5.6.
10.3
p. 158 of 172
15
CAPITAL IMPROVEMENT PLAN
Due to unfavorable financial conditions, all capital improvements pertaining to parks and facilities have
been frozen until at least 2025. Under these circumstances, the planning of capital investments is
focused primarily on the backlog of existing needs and maintaining the quality and safety of the system.
For purposes of the Needs Assessment, no additional capital improvements can be suggested until the
freeze is released; however, additional needs will continue to accumulate due to existing level of service
deficiencies, increasing demand, facility / amenity lifecycle replacements, and recommendations in this
plan may not be applicable without access to funding.
Once the City resumes investing, it is recommended that the City maintains a Capital Improvement Plan
(CIP) related to parks and recreation facilities spanning a ten-year period, at a minimum, with
appropriations recurring on an annual basis. This approach maintains flexibility in order to maximize
efficiencies as the overall needs of GRD change from year to year.
EXISTING CIP OVERVIEW
The table below represents the existing CIP pertaining to GRD and details the site, project type,
estimated completion date, and projected cost. As mentioned, no projects are planned to resume until
after 2025. Many of these improvements are needed to address infrastructure needs and enhancements,
which should place a high priority on any structures that are failing as funding becomes available.
Planned CIP projects range from $50,000 to over $10 million, with a total estimated cost of nearly $27
million to satisfy existing needs.
Site Project Est
Completion
Projected
Cost
Christmas Hill Park Trail Wayfinding Signage Beyond FY25 87,300$
Christmas Hill Ranch Update / Complete Master Plan Beyond FY25 363,000$
Christopher HS Pool Replastering Beyond FY25 433,800$
City Bike Trails Updated Bike Master Plan Beyond FY25 251,100$
Farrell Park Develop Master Plan Beyond FY25 200,400$
Forest Street Park Park Expansion Beyond FY25 600,000$
Gilroy Golf Course Water Tank Replacement Beyond FY25 121,000$
Gilroy Sports Park Improvements Phase IV & V Beyond FY25 10,063,372$
Las Animas / Christmas Hill Softball Field Rehabilitation Beyond FY25 121,700$
Las Animas Park Misc Facility Rehabilitation Beyond FY25 2,503,600$
Lions Creek Trail Development - West of Santa Teresa & Day Beyond FY25 1,240,600$
Lions Creek Trail Development - West Gap Closure Beyond FY25 3,022,800$
Miller / Uvas Creek Trail Pedestrian Improvements Beyond FY25 604,400$
Miller Park Restrooms Electrical Undergrounding Beyond FY25 81,400$
San Ysidro Park Healthy Living Enhancement Beyond FY25 3,021,600$
Senior Center Roof Replacement Beyond FY25 135,000$
Senior Center ADA Restrooms Beyond FY25 50,000$
Uvas Creek Park Preserve Develop Master Plan Beyond FY25 235,800$
Wheeler Center HVAC & Electrical Upgrades Beyond FY25 654,500$
Wheeler Center Evacuation Center Upgrades Beyond FY25 240,000$
Wheeler Center Trellis Replacement Beyond FY25 2,923,800$
Total Total CIP Investment 26,955,172$
Planned Capital Improvements for Parks and Recreation
10.3
p. 159 of 172
FACILITY & PROGRAM NEEDS ASSESSMENT
16
VISIONING AND RECOMMENDATIONS
The Consulting Team conducted a visioning workshop with GRD leadership to determine the identity of
the organization and chart a path moving forward. Using this iterative process along with community
input, demographics and trends, and an analysis of GRD’s offerings and levels of service, the Mission,
Vision, and Core Values of the organization were established. These defining characteristics of the
organization were then used to guide the development of a strategic action plan for GRD.
MISSION & VISION STATEMENTS
CORE VALUES
These represent the organization’s personality and establishes the virtues that staff strive to uphold:
Equity & Inclusion, Community Centered, Fun, and Health & Wellness.
10.3
p. 160 of 172
17
STRATEGIC ACTION PLAN
The following were the major recommendations that were developed through the Visioning Process. Key
strategies were established across four focus areas: Programming, Facilities & Amenities, Maintenance
& Operations, and Funding.
PROGRAMMING STRATEGIES
• Add fee-based programs targeting adults 18-54. This will address an unmet service need for a
large segment of the population and should include programs in Fitness, Aquatics, and the Arts.
• Restore key programs at 100% CR. Programs that are vital to the Gilroy community, such as
Preschool, Soccer League, and Basketball League, should be reinstated based on pricing to
achieve full cost recovery.
• Add more Family Programs. GRD is primed for offering programs that cater to the large
presence of multi-generational households and families, which could include programs like
Family Night, Movie Nights, Overnights in the Park.
• Keep up with new program trends. Continue to evaluate new and emerging program trends that
serve the community’s needs e.g. Virtual Programs and ESports / innovative senior programs etc.
• Increase Community Special Events. Gilroy residents really enjoy events that bring the
community together and celebrate culture. Also, adding more special events ties into GRD’s
mission, “to bring people and community together.”
• Add more youth/teen programs. GRD provides an important outlet for youth / teens and should
explore additional programs in: Arts, STEM, Nature Education, Leadership, Outdoor Birthday
Parties, and Drop-in Youth Centers.
• Launch a Mobile Rec Van. This would allow GRD to meet program participants anywhere in the
community, expand its current lineup of programs, and reduce reliance on City parks and
facilities to deliver programs.
• Recruit 5-8 new contract instructors each year. This initiative will help GRD freshen its
programs and provide offerings that are relevant for users.
• Use more digital advertising to promote programs. An enhanced marketing effort will greatly
improve GRD’s ability to create awareness and optimize program participation. Some
recommended digital platforms include Facebook, PeachJar, and Google Ads.
STRATEGIES FOR FACILITIES & AMENITIES
• Senior Center Transformation. A quick solution to addressing unmet needs for facility space
dedicated to recreation programs in the City is to transform the existing Senior Center into a
multi-generational community center with expanded services for all ages. This transformation
could be implemented in the short term without the burden of capital investment for the
development of a new facility or major renovation to existing facilities.
• Renovate Wheeler Center. Once capital funding becomes available, the Wheeler Center should
be a high priority for investment. In its current condition, the facility is most in need of air
conditioning, HVAC updates, and updated program spaces
• Create a Downtown Park. As the City looks to revitalize downtown, GRD should be an integral
component by investing in new development or a popup park that can host recreation
programming and serve as a community gathering place for small events.
• Redesign tennis courts at El Roble Park. This site is in need of a facelift and a repurposing of
the courts could allow GRD to provide more trending programs, such as pickleball or futsal.
10.3
p. 161 of 172
FACILITY & PROGRAM NEEDS ASSESSMENT
18
• Conduct feasibility study for Center and Pool. Throughout the community input process, the
need for additional facilities in the form of an indoor community center and aquatics was loud
and clear, so a feasibility study would be due diligence for evaluating potential options. Some
potential options that currently exist would be new facility development at Sunrise Park or
expanding the use of the Senior Center.
• Build a splash pad and/or pool. Based on the level of service analysis and feedback from the
community, there is a significant need for a splash pad and/or an outdoor pool. If conducted, a
feasibility study should include recommendations on where to develop a new splash pad and/or
pool.
• Add bathrooms to Sunrise Park and El Roble Park. These locations generate significant traffic,
but the length of experience for users is often cut short due to the lack of restroom facilities.
• Upgrade Christmas Hill Temporary Environmental Education Center (TEEC) facility for better
utilization. This would include renovations to improve technology, replace flooring, update
classrooms, and create more program spaces for teens.
• Add large pod of outdoor basketball courts. Basketball is a popular sport in the community and
the level of service analysis identifies a need for at least 2-3 more courts in the near future,
which would be best addressed by adding a large pod that can serve as a community hub for
basketball.
MAINTENANCE & OPERATIONS STRATEGIES
• Upgrade Wheeler Center. As previously mentioned, the Wheeler Center is one of the immediate
maintenance and improvement needs for the City that directly impacts GRD’s ability to provide
quality programs. Existing facility shortcomings include: AC, locker rooms, stage, dance room,
deep cleaning, and fresh paint.
• Establish dedicated janitor / handyman position. This would greatly improve facility upkeep
and remove some of the challenges associated with operating programs at dated facilities.
• Add evening operating hours at facilities. By adding operating hours in the evening hours at an
existing facility, such as the Senior Center, or at a new facility, GRD could provide a more robust
program mix and can better meet demand for adult programs.
• Increase security at parks and facilities. Due to the tragic events that took place at the Garlic
Festival, safety and security at parks and facilities is of the utmost importance to regain the trust
of Gilroy residents using public spaces.
• Add program registration stations in facility lobbies. This will improve the existing registration
capabilities of GRD and create a higher level of customer service that is highly visible with users
of City facilities.
FUNDING STRATEGIES
• Evaluate fees and charges / memberships model for recurring revenue. As part of budget
cuts, a significant portion of GRD programs were eliminated; however, there is potential to
reintroduce programs that can maintain a sustainable cost recovery level through effective
pricing that takes into account the cost of providing programs and established cost recovery
goals. GRD could also increase its revenue generation by implementing a membership model for
facility use or program participation, but this would likely require some improvements to existing
facilities or the development of new ones.
• Add grant writing support. Due to limited funding through the general fund, a key source of
alternative funding for GRD could be realized through better grant writing capabilities. This
10.3
p. 162 of 172
19
could include adding a dedicated position or sharing grant writers from other City departments
to focus on generating more grant revenues for GRD.
• Establish a Foundation. GRD could benefit greatly from establishing a foundation that is
dedicated to raising money for recreation and supporting a youth scholarship program. This is a
common approach for parks and recreation agencies that the City should explore.
• Secure funding for park and facility development / upgrades. Although capital funding has
been frozen for the near future, City facilities will continue to deteriorate and this directly
impacts the ability of GRD to provide services. Potential facility improvements that should be
prioritized if/when funds become available include: The Wheeler Center, a new Community
Center, TEEC, park restrooms, and pickleball courts.
• Seek more support from council and emphasize balance between cost recovery and satisfying
unmet program needs of the community. While cost recovery is an important measure of
performance, this should not be the only determinant of success of GRD. In many cases,
recreation programs are essential to the well being of the community and, therefore, some
programs should be subsidized because they are for the greater good of the community. GRD
must ensure that council members are proponents of the Division by following the cost of service
model that takes into consideration benefits received by residents.
• Identify more non-tax revenue sources. As funding challenges continue to persist, GRD must
secure alternative funding sources to offset the operational deficit, such as grants, sponsorships,
and partnerships with local businesses / organizations.
• Explore tax / bond measure dedicated to operating expenses of GRD. As described in the
funding strategies section, GRD can establish recurring tax support for its operational costs
through a dedicated bond. This will require careful planning and campaigning to ensure enough
support exists to pass a referendum vote. If passed, a dedicated tax / bond would allow GRD to
thrive without competing with other City departments for general tax fund dollars.
CONCLUSION
The pandemic, and the organizational changes that followed, caused significant setbacks for GRD;
however, much like the Gilroy community, GRD is resilient and ready to embrace a new future. The
findings from this Assessment indicate strong support for recreation in the City, and the extensive
planning process resulted in a strategic roadmap for GRD to follow as it enters a new era.
Successful implementation of the strategies outlined in the Assessment will require GRD to be agile and
adapt as it strives to meet the recreation needs of residents. This will likely require GRD to rely more
on contract instructors, partnerships with outside organizations, and alternative funding sources. GRD
will continue to provide recreation programs to the best of its ability while also supporting essential
community efforts that are not related to recreation. Simply put, the goal for GRD is to find ways to
expand offerings to reach more people of all ages and backgrounds, while working within the current
constraints.
Gilroy is a vibrant community with residents that value the recreational opportunities provided through
GRD. Using the strategic recommendations from this Assessment as a guiding light, GRD is poised to
overcome adversity and continue enriching the lives of residents through recreation.
10.3
p. 163 of 172
Page 1 of 2
City of Gilroy
STAFF REPORT
Agenda Item Title:Request to Add to the September 16, 2024 Agenda
the United Sovereign Americans Resolution for
Council Discussion
Meeting Date:September 9, 2024
From:Jimmy Forbis, City Administrator
Department:Administration
Submitted By:Bryce Atkins, Assistant to the City Administrator
Prepared By:Bryce Atkins, Assistant to the City Administrator
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
Council consideration to add the requested item to the September 16, 2024 City Council
meeting agenda.
BACKGROUND
Staff received a compliant Future Agenda Item Request (FAIR) Memo. The FAIR Memo
is requesting the Council to add to the September 16, 2024 regular City Council meeting
an item to discuss the United Sovereign Americans’ draft resolution, presented as part
of the public comment during the August 19, 2024 City Council meeting.
ANALYSIS
The FAIR Memo accurately describes that there is no estimated financial impact, and
only a nominal amount of staff time involved in preparing the item for the future agenda,
if so directed by Council. Based on the resolution provided by United Sovereign
Americans, the resolution does not commit the City to any financial or operational
obligation.
ALTERNATIVES
11.1
p. 164 of 172
Request to Add to the September 16, 2024 Agenda the United Sovereign Americans Resolution
for Council Discussion
City of Gilroy City Council Page 2 of 2 September 9, 2024
Council may either direct staff to place the item on the agenda or not.
FISCAL IMPACT/FUNDING SOURCE
None.
PUBLIC OUTREACH
The subject matter was raised in public comment at the August 19, 2024 City Council
meeting. This staff report was included on the publicly posted agenda. No other public
outreach will be conducted unless approved by the City Council.
NEXT STEPS
If directed by Council to accept the future agenda item request, staff will then place the
item on the September 16, 2024 City Council Meeting agenda.
Attachments:
1. FAIR Memo.
2. Proposed resolution from United Sovereign Americans.
11.1
p. 165 of 172
Future Agenda Item Request Memorandum
Council,
We heard at the last Council meeting from members of the United Sovereign Americans who are a
nonpartisan election validity organization. They are asking the Council to consider accepting their
resolution that would uphold State and Federal election laws and the United States Constitution to
guarantee fair and legal elections. This resolution's approval would hold the Secretary of State and the
Registrar of Voters accountable for accurate election results. Our approval of this resolution lends our
support with the other California cities who are supporting fair elections.
I am proposing this topic to be introduced as a future agenda item at the September 9th Council
meeting and if accepted by the Council, to be discussed at the September 16th meeting.
There is no fiscal cost to the City of Gilroy for this item, nor staff time aside from placing it on the
agenda. The resolution was provided to the City Clerk’s Office.
Thanks,
Carol Marques
City Council Member
11.1
p. 166 of 172
11.1
p. 167 of 172
11.1
p. 168 of 172
11.1
p. 169 of 172
11.1
p. 170 of 172
11.1
p. 171 of 172
11.1
p. 172 of 172