Loading...
HomeMy WebLinkAbout04/07/2025 City Council Regular Agenda PacketApril 7, 2025 | 6:00 PM Page 1 of 8 City Council Regular Meeting Agenda CITY COUNCIL REGULAR MEETING AGENDA CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET, GILROY, CA 95020 MONDAY, APRIL 7, 2025 | 6:00 PM MAYOR Greg Bozzo COUNCIL MEMBERS Dion Bracco Tom Cline Terence Fugazzi Zach Hilton Carol Marques Kelly Ramirez 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. April 7, 2025 | 6:00 PM Page 2 of 8 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 in Memoriam for Saeid Vaziry 2.2. Proclamation Declaring April 2025 as Fair Housing Month 2.3. Proclamation Declaring April 2025 as Arts, Culture, and Creativity Month 3. COUNCIL CORRESPONDENCE (Informational Only) 3.1. Recommendation from the Parks and Recreation Commission Regarding Ranked Locations for Potential Future Pickleball Courts April 7, 2025 | 6:00 PM Page 3 of 8 City Council Regular Meeting Agenda 4. PRESENTATIONS TO THE COUNCIL 4.1. Presentation of the Report for the Elevate the Arts Program by Alexandra Urbanowski from Silicon Valley Creates 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 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 Water Commission, Santa Clara Valley Water Joint Water Resources Committee, SCRWA Council Member Fugazzi – Santa Clara Water Commission (alternate), Silicon Valley Regional Interoperability Authority Board (alternate), SCRWA, Visit Gilroy California Welcome Center, VTA Mobility Partnership Committee Council Member Marques – ABAG, Downtown Committee, Santa Clara County Library Joint Powers Authority (alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, SCRWA (alternate) Council Member Hilton – CalTrain Policy Group, Santa Clara County Expressway Plan 2040 Advisory Board (alternate), Silicon Valley Clean Energy Authority JPA Board, South County Youth Task Force Policy Team (alternate), VTA Policy Advisory Committee Council Member Ramirez – ABAG (alternate), Gilroy Gardens Board of Directors (alternate), Gilroy Sister Cities, Gilroy Youth Task Force (alternate), SCRWA, Santa Clara Housing and Community Development Advisory Committee Council Member Cline – CalTrain Policy Group (alternate), Gilroy Sister Cities (alternate), Gilroy Youth Task Force, Santa Clara County Expressway Plan 2040 Advisory Board, Silicon Valley Clean Energy Authority JPA Board (alternate), Silicon Valley Regional Interoperability Authority Board, Visit Gilroy California Welcome Center (alternate), VTA Mobility Partnership Committee, VTA Policy Advisory Committee (alternate) April 7, 2025 | 6:00 PM Page 4 of 8 City Council Regular Meeting Agenda Mayor Bozzo – Gilroy Gardens Board of Directors, Santa Clara Valley Water Joint Water Resources Committee, South County Youth Task Force Policy Team, VTA Board of Directors (alternate), Santa Clara Housing and Community Development Advisory Committee (alternate) 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 March 3, 2025 City Council Special Meeting and the March 3, 2025 City Council Regular Meeting 6.2. Approval of a First Amendment to Extend the Terms of the On-Call Professional Services Agreements for Historical Evaluations and Environmental Reviews to June 30, 2027 6.3. Approval of a Third Amendment to the Professional Services Agreement with CSG Consultants, Inc. in the Amount of $356,000 for On-Call Building and Fire Plan Review and Inspection Services through June 30, 2026 6.4. Claim of Balwinder Singh Mann (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute denial of the claim) 6.5. Claim of Valerie Williams (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute denial of the claim) 6.6. Approval of Reformatted Salary Schedules for Exempt Employees (Gilroy Management Association, Full- Time/Unrepresented/Confidential/Exempt/Mid-Management Employees, and Full-Time/Unrepresented/Exempt/At-Will/Department Head Employees) for CalPERS Reporting and Approve Corresponding Side Letter with the Gilroy Management Association (GMA) to Incorporated Updated Salary Schedules to the GMA Memorandum of Understanding 7. BIDS AND PROPOSALS 7.1. Award a Contract to Ascent Environmental, Inc. for the Development of a Gilroy Vehicle Miles Traveled (VMT)/Greenhouse Gas (GHG) Reduction Program in the Amount of $473,841 (Partially Funded by Caltrans Grant of $335,529) 1. Staff Report: Sharon Goei, Community Development Director 2. Public Comment 3. Possible Action: Award a Contract to Ascent Environmental Inc., in the amount of $473,841 for preparation of the VMT/GHG Reduction Program and authorize the City Administrator to execute the contract and associated documents. 7.2. Award a contract to Dewberry Engineers Inc. for Lions Creek Consultant Services in the Amount of $189,652.26 1. Staff Report: Daniel Padilla, City Engineer April 7, 2025 | 6:00 PM Page 5 of 8 City Council Regular Meeting Agenda 2. Public Comment 3. Possible Action: Council: 1. Award a contract to Dewberry Engineers Inc. in the amount of $189,652.26. 2. Authorize the City Administrator to execute the agreement and all other related documents. 8. PUBLIC HEARINGS Public Hearings shall commence at 7:00 PM or soon thereafter 8.1. Hold the Third Public Hearing Regarding the City's Transition from an At- Large to a District-Based Elections System for the Purpose of Receiving the Demographer’s Presentation on the Transition Process, the Information Received Regarding Communities of Interest in the City, the Possible Contours of Six Districts, the Drawing of Maps by Redistricting Partners, the Review of Maps Submitted on the City’s Website and by Other Means, and the Presentation of Legally Compliant Draft Maps to the City Council for the Six New Districts, as well as the Order of Elections for the 2026 and 2028 Elections 1. Disclosure of Ex-Parte Communications 2. Staff Report: Andrew Faber, City Attorney 3. Open Public Hearing 4. Close Public Hearing 5. Possible Action: Hold a third Public Hearing and receive public input and a presentation from the City of Gilroy's consulting Demographer, Redistricting Partners, regarding the process and criteria for establishing boundaries for district elections pursuant to the California Voting Rights Act for the City Council. This could include discussion of the following topics: 1. The Communities of Interest within the City that should define the boundaries and composition of districts before any maps of any proposed district boundaries are drawn. 2. Review of draft maps submitted by Redistricting Partners and the public, including requests for changes to existing draft maps or requests to prepare new draft maps. 3. Consideration of the Order of Elections, that is, which three districts will be on the ballot in 2026, and which three districts will be on the 2028 ballot. 9. UNFINISHED BUSINESS 9.1. Strategic Planning Session #3 - Economic Development 1. Staff Report: Jimmy Forbis, City Administrator 2. Public Comment 3. Possible Action: April 7, 2025 | 6:00 PM Page 6 of 8 City Council Regular Meeting Agenda Council discussion and direction. 9.2. Downtown Parklet Update 1. Staff Report: Sharon Goei, Community Development Director 2. Public Comment 3. Possible Action: Receive report regarding an update on downtown parklet and accept the recommendation from the Downtown Committee: 1. No new parklets on Monterey Street between 1st and 10th Streets, as well as side streets between Railroad and Eigleberry Streets; 2. Requiring existing parklet(s) to comply with Campbell’s parklet requirements; and 3. The previous two recommendations leading to the recommendation that the parklet in front of the Tempo Kitchen and Bar be demolished and not rebuilt. 10. INTRODUCTION OF NEW BUSINESS 10.1. Approve a School Resource Officer Memorandum of Understanding for Fiscal Year 2025-2026 1. Staff Report: Pedro Espinoza, Police Chief 2. Public Comment 3. Possible Action: Adopt a resolution of the City Council of the City of Gilroy authorizing the City Administrator to enter into an agreement between the City of Gilroy and Gilroy Unified School District for two school resource officers, including cost sharing, for Fiscal Year 2025-2026 (FY26). 11. FUTURE COUNCIL INITIATED AGENDA ITEMS 12. CITY ADMINISTRATOR'S REPORTS 13. CITY ATTORNEY'S REPORTS 14. CLOSED SESSION 14.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GCC Sec. 17A.8 Properties: APNs 841-10-010 and 841-10- 028 Negotiators: Jimmy Forbis, City Administrator Other Party to Negotiations: Jessup Roberta A Trustee (Jessup Transportation, Inc.) Under Negotiation: Price and terms of payment 14.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GCC Sec. 17A.8 Properties: APN 841-84-009 Negotiators: Jimmy Forbis, City Administrator Other Party to Negotiations: McCarthy Gilroy, LLC Under Negotiation: Price and terms of payment April 7, 2025 | 6:00 PM Page 7 of 8 City Council Regular Meeting Agenda 14.3. CONFERENCE WITH LABOR NEGOTIATORS – COLLECTIVE BARGAINING UNITS Pursuant to GC Section 54957.6 and GCC Section 17A.11(4) Collective Bargaining Units: Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers; Gilroy Management Association Representing Mid-Management Employees (GMA); and Unrepresented Exempt Employees (Confidential, Department Heads & Council-Appointed) City Negotiators: Jimmy Forbis, City Administrator; LeeAnn McPhillips, Assistant City Administrator and Administrative Services & Human Resources Director/Risk Manager Anticipated Issue(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions Memorandums of Understanding: City of Gilroy and Gilroy Police Officers Association Inc.; City of Gilroy and Gilroy Management Association (GMA) 14.4. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION. Pending Litigation Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9 and Gilroy City Code Section 17A.11 (3) (a), Gandolfi Investments, LLC v. City of Gilroy, et.al., Superior Court for the County of Santa Clara, Case Number 24CV444165, filed July 26, 2024. 14.5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GCC Sec. 17A.8 Property: Gilroy Gardens Theme Park, 3050 Hecker Pass Highway, Gilroy, CA (APN’s: 810-17-024, 810-17-026, 810-17-029, 810-17-030, 810-17-031, 810-18-002, 810-18-013, 810-19-005, 810-19-007, 810-19-010, 810-19-011, 810-19-014) Negotiators: Jimmy Forbis, City Administrator; Victoria Valencia, Economic Development Manager Other Party to Negotiations: Gilroy Gardens Family Theme Park, LLC Under Negotiations: Price and terms of payment for sale or lease. 14.6. PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT: Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.11(2) Name/Title: Fire Chief 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 April 2025 21 Regular Meeting - 6:00 p.m May 2025 5 Regular Meeting - 6:00 p.m 12 Budget Study Session – 6:00 p.m. 19 Regular Meeting - 6:00 p.m April 7, 2025 | 6:00 PM Page 8 of 8 City Council Regular Meeting Agenda June 2025 2 Regular Meeting - 6:00 p.m 16 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 2025 City Council Meeting Calendar at https://gilroy.city/2025. 2.2 p. 8 of 1256 2.3 p. 9 of 1256 3.1 p. 10 of 1256 SVCREATES MAY 2024 P A G E 1 SVCreates Report to the City of Gilroy – April 2025 Elevate Gilroy Through the Arts Grant Program City of Gilroy Investment: $50,000 over two years. SVCreates is delighted to report on the achievements of year 2 of the Elevate Gilroy through the Arts program and extends many thanks to the City of Gilroy for its investment in this pilot phase. As we reported in June 2024, year 1 of the program was a great success, funding six publicly accessible and well-attended arts projects in downtown Gilroy; today we provide information on the accomplishments of the program in year 2, which provided grants to five projects for 2024-2025. Program Objectives Through the Elevate Gilroy Through the Arts grant program, SVCreates was able to leverage the $50,000 commitment from the City of Gilroy to raise additional funds and provide over $140,000 in grants to local artists to provide free arts activities in downtown Gilroy. These activities aligned with the objectives, as outlined in our original proposal to you, to: ●Support the creation and presentation of culturally relevant artistic work ●Raise the visibility and voice of local artists ●Engage the community and activate public spaces through the arts ●Catalyze capacity and resilience in our historically under-resourced arts ecosystem ●Encourage and leverage other funding for the arts in Gilroy ●Rally public support of the arts as a fundamental part of Gilroy’s economic and urban development Grantmaking Process: Pursuant to the objectives, grant guidelines, and evaluation criteria included in our agreement with the City, SVCreates conducted community outreach, grant application support, and technical assistance throughout spring 2024. We received twelve applications. These applications were reviewed, evaluated, and scored by a panel of five community members and experienced arts producers including: Jaclyn Muro, Gilroy Foundation; Valeria Miranda, Arts Council of Santa Cruz County & Director of the Sesnon Art Gallery at UC Santa Cruz; Frank Johnson, Visit Gilroy; Federico Saldana, Gilroy High School; and Itza Sanchez, Board Chair, School of Arts & Culture at Mexican Heritage Plaza. The panel was facilitated by Alexandra Urbanowski and Alyssa Erickson from SVCreates. Grant Awards: In July 2024, five projects were selected for funding. Grant awards ranged from $7,650 to $15,000. All funded projects leveraged the Elevate grant to attract additional funding sources. SVCreates provided further support to funded projects through partnership connections, marketing advice, and other technical resources. As of March 1, 2025, three funded projects are completed; the remainder are in progress, with all expected to be completed by July 2025. Full list and status below. 4.1 p. 11 of 1256 SVCREATES MAY 2024 P A G E 1 Completed Projects: La Ofrenda Festival — Gilroy's Dia de Muertos Festival and Wellness Fair: The second annual event on November 2 in downtown Gilroy engaged over 48 organizational and funding partners, provided opportunities to approximately 226 artists and arts organizations, and was attended by approximately 10,000-12,000 individuals. The Festival leveraged a $15,000 Elevate grant for a total budget of $95,000 in funding plus significant additional in-kind contributions. Chalk Festival - Halloween Theme: Produced by the arts collective MANOS, the third annual festival engaged approximately 1,000 participants in downtown Gilroy on October 5. Families and artists participated in chalk drawing competitions and enjoyed performances, craft vendors and food trucks. The event activated youth volunteers from local high schools to assist with set-up and coordination. The Chalk Festival leveraged a $10,000 Elevate grant to secure in-kind contributions including important support from the Downtown Business Association. Tamale Festival: Produced by Community Agency for Resources, Advocacy and Services (CARAS), this festival featured live music performances, booths showcasing tamales from various regions of Mexico, a tamale cook-off, kid zone, car show, and arts and crafts activities in downtown Gilroy on September 28. The festival engaged over 50 local artists and was attended by approximately 12,600 individuals. Retired firefighters and paramedics volunteered in the first aid booth, and Victory Outreach Gilroy contributed volunteers to assist with clean up. The Tamale Festival leveraged an Elevate grant of $15,000 to secure a total of $34,000 in funding. Projects in Process: Exhibition Series 2025: 1202 Contemporary will produce two eight-week art exhibitions focusing on themes relevant to the Gilroy community, featuring local artists working in printmaking and an immersive installation that will include community participation. An Elevate grant of $7,700 will fund local artists, installation materials and supplies, marketing efforts, and other direct costs of the exhibitions and related public events. Local printmaker exhibition: Curated by Hollister-based artist Alberto Lopez, this exhibition will feature four printmakers from San Jose, Watsonville, Monterey, and Hollister. The opening reception will coincide with the Third Friday Art Walk on March 21. 1202 Contemporary will host an open-air artist market for the exhibiting printmakers and other local artisans on a block of Monterey Street. Floral and plant weaving installation: Gilroy-based artists Miquela Raiche and Luciana Parello will create an immersive, suspended installation made of 300 strands from floral and plant clippings collected from the community. The artists will host free workshops to demonstrate the weaving process for each strand and invite local youth to participate in the project by making and contributing their own strands and helping install the final 4.1 p. 12 of 1256 SVCREATES MAY 2024 P A G E 1 work. The installation will go on view to the public at 1202 Contemporary on May 16. Youth Mentorship Mural: An Elevate grant of $7,650 is funding the installation of a mural on an exterior wall behind El Charito Market on Railroad Alley. This partnership between 6th Street Studios & Art Center and Shades of Brown Alliance (SOBA), a Gilroy based artist collective, has engaged at-promise youth in a collaborative mural project that aims to beautify the downtown area, celebrate the cultural heritage of East/Old Gilroy, and foster artistic expression for youth. The mural will be unveiled in April 2025. Financial Report: Actual financial expenditures aligned with the original proposed budget. All funds from the City of Gilroy went directly to fund grants. SVCreates’ administration of this grant program was covered through funding from the Packard Foundation and the County of Santa Clara. Year Two Actuals Revenue: Packard Foundation $5,350 County of Santa Clara $40,000 City of Gilroy $25,000 Total $70,350 Expenses: Direct Grants for Arts Projects $55,350 Outreach $2,500 Program Management/Administration $12,500 Total:$70,350 Testimonials from Grant Recipients: THIS IS HUGE! Huge for me yes, but huge for Gilroy! 🙌🏾 Gracias for believing in my vision and my ability to execute. –Ruben Dario Villa, Founder, La Ofrenda Festival The most significant thing we've learned is the power of art. This mural has increased the awareness of the Gilroy Veterans Hall more in the last 6 months than all the marketing has done the last 10 years. This mural has helped give the facility an identity. People - civilians and veterans - stop in just to check out what's inside. We've had a constant flow of veterans who have lived in this community for some time but have never come inside. As a result, we are able to help more veterans. –Christine West, Veterans Memorial Hall Having the SOBA Collective live art and the musical stage dedicated to local talent really gave us the feeling that we wanted, that of being deeply rooted in Gilroy. 4.1 p. 13 of 1256 SVCREATES MAY 2024 P A G E 1 –Community Agency for Resources, Advocacy and Services (CARAS), producer Tamale Festival 4.1 p. 14 of 1256 DRAFT Page 1 of 2 City of Gilroy City Council Special Meeting Minutes Monday, March 17, 2025 | 5:30 PM 1.OPENING 1.1.Call to Order Meeting was called to order at 5:30 P.M. 1.2.Roll Call Attendance Attendee Name Present Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Council Member Greg Bozzo, Mayor Absent None 2.CLOSED SESSION 2.1.PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.8(a)(4) Name/Title: Jimmy Forbis, City Administrator 2.2.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) and Paragraph (3) of Subdivision (e) of Government Code Section 54956.9 and Gilroy City Code Section 17A.11 (3) (b), Based Upon Receipt of a Written Communication from Shenkman & Hughes, PC (Available for Inspection Upon Request at the Office of the City Clerk). One Case as Defendant Mayor Bozzo opened public comment for the closed session. With no speakers, Mayor Bozzo closed the public comment. Motion: REMAIN in Closed Session. RESULT: MOVER: SECONDER: AYES:Council Member Bracco, Council Member Cline, Council Member Fugazzi, Council Member Hilton, Council Member Marques, Council Member Ramirez, Mayor Bozzo 6.1 p. 15 of 1256 March 17, 2025 | 5:30 PM Page 2 of 2 City Council Special Meeting Minutes 3.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). Council returned to open session at 6:09 P.M. No reportable action. 4.ADJOURNMENT The meeting was adjourned at 6:09 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/Bryce Atkins Acting City Clerk 6.1 p. 16 of 1256 DRAFT Page 1 of 9 City of Gilroy City Council Regular Meeting Minutes Monday, March 17, 2025 | 6:00 PM 1.OPENING 1.1.Call to Order The meeting was called to order at 6:09 P.M. 1.2.Pledge of Allegiance The Pledge of Allegiance was led by Council Member Cline. 1.3.Invocation The invocation was led by Pastor Greg Quirke. 1.4 City Clerk's Report on Posting the Agenda The Acting City Clerk reported that the agenda was posted on Friday, March 14, 2025 at 3:34 P.M. 1.5.Roll Call Attendance Attendee Name Present Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Council Member Greg Bozzo, Mayor Absent None 1.6.Orders of the Day Item 7.1 was pulled from the agenda. 1.7.Employee Introductions City Administrator Jimmy Forbis introduced John Doughty as the new Public Works Director. 2.CEREMONIAL ITEMS - Proclamations and Awards None. 3.COUNCIL CORRESPONDENCE (Informational Only) None. 6.1 p. 17 of 1256 March 17, 2025 | 6:00 PM Page 2 of 9 City Council Regular Meeting Minutes 4.PRESENTATIONS TO THE COUNCIL 4.1.PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL Mayor Bozzo opened public comment. Greg Felios provided comment regarding the joint meeting with the Gilroy Unified School District, and to continue the relationship between the two organizations into the future. With no additional speakers, Mayor Bozzo closed public comment. 5.REPORTS OF COUNCIL MEMBERS Council Member Bracco – No report. Council Member Fugazzi – No report. Council Member Marques – No report. Council Member Hilton – Reported on: Santa Clara Valley Transportation Authority’s Policy Advisory Committee’s Transit-Oriented Development Access Study was initiated and the nearing completion of the Gilroy Station Access Study; Silicon Valley Clean Energy’s (SVCE) Board approved adjustments to the surplus solar energy compensation terms for consistency with other energy agencies. Additionally, SVCE received a clean financial audit and approved its mid-year operating budget. The agency will also be allocating $35 million in bill credits for relief to customers. Council Member Ramirez – Reported on the Gilroy Sister Cities Association developing a strategic plan and a succession plan, and subsequent plans to support the strategic goals. Council Member Cline – Reported on the Santa Clara Valley Transportation Authority (VTA) having hosted a workshop on the U.S. Highways 101 & 25 project. The next workshop is scheduled for April 8, 2025. Mayor Bozzo – Also reported on the VTA workshop and that comments from members of the public, even in the larger organization, made an impact. Additionally, the VTA strike continues. Lastly, reported on Gilroy Gardens having just celebrated their 25th anniversary. 6.CONSENT CALENDAR 6.1.Approval of the Action Minutes of the March 3, 2025 City Council Regular Meeting 6.2.Claims of Paul Villa, Enrique Montelongo, Enedina Gonzalez, Yriel Gonzalez, Carlos Gonzalez, heirs and successors in interest of Salvador Adrian Montelongo (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute denial of the claim) 6.3.Acceptance of Cash and Investment Report as of December 31, 2024 6.1 p. 18 of 1256 March 17, 2025 | 6:00 PM Page 3 of 9 City Council Regular Meeting Minutes 6.4.Approve Second Amendment to the Agreement with The Pun Group LLP for Annual Financial Audit Services for an Additional $177,221, with a Revised Total Not-to-Exceed Amount of $530,278. Mayor Bozzo opened public comment. With no speakers, Mayor Bozzo closed public comment. Motion: APPROVE the consent calendar. RESULT:Pass MOVER:Dion Bracco, Council Member SECONDER:Tom Cline, Council Member AYES:Council Member Bracco, Council Member Cline, Council Member Fugazzi, Council Member Hilton, Council Member Marques, Council Member Ramirez, Mayor Bozzo 7.BIDS AND PROPOSALS 7.1.Purchase of PFAS-Free Structural Firefighting Turnouts for the Total Amount of $429,974 Utilizing Sourcewell’s Cooperative Purchasing Contract No. 010424-LNC and Adopt a Resolution Amending the Fiscal Year 2025 Budget Pulled from the Agenda. 7.2.Award a Contract to Advance Design Consultants, Inc. for HVAC & Mechanical Design Services at Old City Hall Restaurant, Project No. 25- RFP-ASD-505 in the amount of $144,774 Mayor Bozzo opened public comment. Ron Kirkish provided comments regarding the investment in the HVAC unit and that he was concerned about what the improvement was for, and that it not be inclusive of extraneous work relating to clean energy. With no additional speakers, Mayor Bozzo closed public comment. Motion: DENY the award of the contract, but without prejudice of the matter coming back to the Council at a future time. RESULT:Pass MOVER:Dion Bracco, Council Member SECONDER:Terence Fugazzi, Council Member AYES:Council Member Bracco, Council Member Cline, Council Member Fugazzi, Council Member Hilton, Council Member Marques, Council Member Ramirez, Mayor Bozzo 6.1 p. 19 of 1256 March 17, 2025 | 6:00 PM Page 4 of 9 City Council Regular Meeting Minutes 8.PUBLIC HEARINGS Public Hearings shall commence at 7:00 PM or soon thereafter 8.1.Two Tentative Map applications to subdivide approximately 6.7 acres into 42 single-family duet residential lots (TM 24-02) and approximately 41.36 acres into 84 single-family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area 1.Disclosure of Ex-Parte Communications 2.Staff Report: Sharon Goei, Community Development Director 3.Open Public Hearing 4.Close Public Hearing 5.Possible Action: a) Determine that Tentative Map applications TM 24-02 and TM 24-03 do not require independent CEQA review beyond EIR Addendum #2 because none of the conditions described in CEQA Guidelines Sec. 15162 are present. b) Adopt a resolution approving Tentative Map TM 24-02, subject to the findings, conditions, and mitigation measures provided in the draft resolution. c) Adopt a resolution approving Tentative Map TM 24-03, subject to the findings, conditions, and mitigation measures provided in the draft resolution. Mayor Bozzo opened the public hearing. With no speakers, Mayor Bozzo closed the public hearing. Motion: APPROVE the determination that Tentative Map applications TM 24-02 and TM 24-03 do not require independent CEQA review beyond EIR Addendum #2 because none of the conditions described in CEQA Guidelines Sec. 15162 are present. RESULT:Pass MOVER:Carol Marques, Mayor Pro Tempore SECONDER:Kelly Ramirez, Council Member AYES:Council Member Bracco, Council Member Cline, Council Member Fugazzi, Council Member Hilton, Council Member Marques, Council Member Ramirez, Mayor Bozzo Motion: ADOPT a resolution approving Tentative Map TM 24-02, subject to the findings, conditions, and mitigation measures provided in the draft resolution. RESULT:Pass MOVER:Tom Cline, Council Member SECONDER:Dion Bracco, Council Member AYES:Council Member Bracco, Council Member Cline, Council Member Fugazzi, Council Member Hilton, Council Member Marques, Council Member Ramirez, Mayor Bozzo 6.1 p. 20 of 1256 March 17, 2025 | 6:00 PM Page 5 of 9 City Council Regular Meeting Minutes Motion: ADOPT a resolution approving Tentative Map TM 24-03, subject to the findings, conditions, and mitigation measures provided in the draft resolution. RESULT:Pass MOVER:Kelly Ramirez, Council Member SECONDER:Carol Marques, Mayor Pro Tempore AYES:Council Member Bracco, Council Member Cline, Council Member Fugazzi, Council Member Hilton, Council Member Marques, Council Member Ramirez, Mayor Bozzo 8.2.Hold the Second Public Hearing Regarding the City's Transition from an At-Large to a District-Based Election System for the Purpose of Receiving Public Input on the Potential Contours of the New Districts and Hearing the Demographer's Presentation on the Transition Process and the Drawing of District Maps for the November 2026 and 2028 Elections. 1.Disclosure of Ex-Parte Communications 2.Staff Report: Andrew Faber, City Attorney 3.Open Public Hearing 4.Close Public Hearing 5.Possible Action: Hold a second Public Hearing and receive public input and a presentation from the City of Gilroy's ("City") consulting Demographer, Redistricting Partners, regarding the process and criteria for establishing boundaries for district elections pursuant to the California Voting Rights Act ("CVRA") for the City Council. The City Council again should further discuss the following topics: 1. The Communities of Interest within the City that should define the boundaries and composition of districts before any maps of any proposed district boundaries are drawn; and, 2. Whether the City should draw six districts and retain its directly elected Mayor, or draw seven districts where City Councilmembers select the Mayor on a rotating or other basis. HEARD AT 7:00 PM AFTER ITEM 11. Mayor Bozzo opened the public hearing Edwin Diaz commented regarding his experience going through such transitions, and that the process is complicated and challenging. He also commented his desire for Council to continue to make the effort for the processes and information as accessible and as transparent as possible. Carolina Gabriel stated she wanted to ask questions, and was advised that she can give comments at this hearing, but recommended to participate in the public workshops which have a question and answer component for any questions. Ron Kirkish commented that everyone he has spoken to wants the six district 6.1 p. 21 of 1256 March 17, 2025 | 6:00 PM Page 6 of 9 City Council Regular Meeting Minutes design with an at-large mayor election. The Mayor would be beholden to the entire community. With no further comments, Mayor Bozzo closed the public hearing. Motion: APPROVE the City of Gilroy considers a six-district map with an at-large mayor. RESULT:Pass MOVER:Dion Bracco, Council Member SECONDER:Kelly Ramirez, Council Member AYES:Council Member Bracco, Council Member Cline, Council Member Fugazzi, Council Member Hilton, Council Member Marques, Council Member Ramirez ABSTAIN:Mayor Bozzo 9.UNFINISHED BUSINESS 9.1.Strategic Planning Session #2 - Receive Mid-Year Report on Fiscal Year 2024-2025 Budget and Update on the General Fund Five-Year Forecast Mayor Bozzo opened public comment. With no speakers, Mayor Bozzo closed public comment. 9.2.Adoption of an ordinance approving a zoning map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03) THIS ITEM WAS HEARD AFTER ITEM 8.1. Mayor Bozzo opened public comment. With no speakers, Mayor Bozzo closed public comment. Motion: ADOPT an ordinance approving a zoning map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03). RESULT:Pass MOVER:Tom Cline, Council Member SECONDER:Dion Bracco, Council Member AYES:Council Member Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Ramirez, Mayor Bozzo NAYS:Council Member Fugazzi 9.3.2025 Christopher High School Aquatics Center Operator 6.1 p. 22 of 1256 March 17, 2025 | 6:00 PM Page 7 of 9 City Council Regular Meeting Minutes Mayor Bozzo opened public comment. Amanda Morrill commented that she was one of the pool managers for Swimming Swan, and described the resources provided by the contractor in the previous year for the operation, that there is off-season activity and costs, and that they are very involved in the community. With no additional speakers, Mayor Bozzo closed public comment. Motion: APPROVE the agreement with Swimming Swan for the 2025 season, and staff is to immediately analyze options for 2026, and to return to Council with an analysis on options in early fall of 2025 for the summer of 2026. RESULT:Pass MOVER:Kelly Ramirez, Council Member SECONDER:Tom Cline, Council Member AYES:Council Member Cline, Council Member Fugazzi, Council Member Hilton, Council Member Marques, Council Member Ramirez, Mayor Bozzo NAYS:Council Member Bracco 10.INTRODUCTION OF NEW BUSINESS 10.1.2024 General Plan and Housing Element Annual Progress Report Mayor Bozzo opened public comment. With no speakers, Mayor Bozzo closed public comment. Motion: ACCEPT the report and direct staff to submit the 2024 Annual Progress Report to the California Department of Housing and Community Development and the Governor’s Office of Land Use and Climate Innovation, no later than April 1, 2025. RESULT: MOVER:Tom Cline, Council Member SECONDER:Carol Marques, Mayor Pro Tempore AYES:Council Member Bracco, Council Member Cline, Council Member Fugazzi, Council Member Hilton, Council Member Marques, Council Member Ramirez, Mayor Bozzo 11.FUTURE COUNCIL INITIATED AGENDA ITEMS THIS ITEM WAS HEARD AFTER ITEM 12. None. 12.CITY ADMINISTRATOR'S REPORTS THIS ITEM WAS HEARD AFTER ITEM 9.2. 6.1 p. 23 of 1256 March 17, 2025 | 6:00 PM Page 8 of 9 City Council Regular Meeting Minutes The City Administrator reported on: 1) Library Day at the San Francisco Giants Game will be on April 7th, sponsored by Santa Clara County Library District. A special link was made available to buy tickets, with every ticket purchased providing $5 back to our libraries; and 2) Monday March 24 from 6:00 P.M. to 7:00 P.M., the City’s Housing Division will hold a virtual public meeting for the Santa Clara County Multi-City Inclusionary Zoning and Affordable Housing Study, with details in the weekly e-newsletter. 13.CITY ATTORNEY'S REPORTS None. 14.CLOSED SESSION Adjourning to Closed Session in Memoriam of City of Gilroy Environmental Engineer Saeid Vaziry 14.1.CONFERENCE WITH LABOR NEGOTIATORS – COLLECTIVE BARGAINING UNITS Pursuant to GC Section 54957.6 and GCC Section 17A.11(4) Collective Bargaining Units: Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers; Gilroy Management Association Representing Mid-Management Employees (GMA); and Unrepresented Exempt Employees (Confidential, Department Heads & Council-Appointed) City Negotiators: Jimmy Forbis, City Administrator; LeeAnn McPhillips, Assistant City Administrator and Administrative Services & Human Resources Director/Risk Manager Anticipated Issue(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions Memorandums of Understanding: City of Gilroy and Gilroy Police Officers Association Inc.; City of Gilroy and Gilroy Management Association (GMA) The City Council adjourned into Closed Session with a moment of silent remembrance for Saeid Vaziry, the City of Gilroy’s Environmental Engineer overseeing the South County Regional Wastewater Authority for the past 19 years, and the accomplishments and contributions he made to the residents and community of Gilroy. The City Attorney then read the closed session item into the record and provided procedural instruction to the Council. The City Attorney opened Public Comment. With no speakers, public comment was closed. The Council entered Closed Session at 9:23 PM. Motion: CONTINUE to remain in closed session. RESULT:PASS MOVER: SECONDER: AYES:Council Member Bracco, Council Member Cline, Council Member Fugazzi, Council Member Hilton, Council Member Marques, Council 6.1 p. 24 of 1256 March 17, 2025 | 6:00 PM Page 9 of 9 City Council Regular Meeting Minutes Member Ramirez, Mayor Bozzo 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). The Council returned to open session at 9:53 P.M., with no reportable action. 16.ADJOURNMENT The meeting was adjourned at 9:53 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 on April 7, 2025. /s/Bryce Atkins Acting City Clerk 6.1 p. 25 of 1256 Page 1 of 3 City of Gilroy STAFF REPORT Agenda Item Title:Approval of a First Amendment to Extend the Terms of the On-Call Professional Services Agreements for Historical Evaluations and Environmental Reviews to June 30, 2027 Meeting Date:April 7, 2025 From:Jimmy Forbis, City Administrator Department:Community Development Submitted By:Sharon Goei, Community Development Director Prepared By:Monica Sendejas, Management Analyst STRATEGIC PLAN GOALS Promote Economic Development Activities RECOMMENDATION Approve a First Amendment to extend the terms of the on-call professional services agreements for historical evaluations and environmental reviews to June 30, 2027 for the following consultants: Historical Evaluations: Dudek and Page & Turnbull, Inc., Environmental Reviews: David J. Powers & Associates, Inc. (DJP), EMC Planning Group, Inc. (EMC), FCS International, Inc. dba FirstCarbon Solutions, Harris & Associates, Metropolitan Planning group dba M-Group, Michael Baker International Inc. (MBI), and Stantec Consulting Services Inc., and authorize the City Administrator to execute the Amendments and associated documents. EXECUTIVE SUMMARY The on-call historical evaluation and environmental review agreements were fully executed in 2022 and are due to expire in May and June of 2025. The on-call consultants are used for applicant-paid private development projects and entitlement requests for which the Planning Division is processing an application that requires technical expertise and for the Gilroy Ice Center. The First Amendment to these agreements would extend the expiration date to June 30, 2027. 6.2 p. 26 of 1256 Approval of a First Amendment to Extend the Terms of the On-Call Professional Services Agreements for Historical Evaluations and Environmental Reviews to June 30, 2027 City of Gilroy City Council Page 2 of 3 April 7, 20251 9 5 5 BACKGROUND In February 2021, the City Council approved an on-call consultant selection list for historical evaluations and environmental reviews following a Request for Qualifications process (21-RFQ-CDD-330). The on-call consultants provide technical expertise in historical evaluations and environmental reviews and ensure compliance with State laws such as the California Environmental Quality Act (CEQA). Having multiple on-call agreements provides the efficiency of having multiple consultants working on multiple projects simultaneously, as needed. The pre-qualification process streamlined the selection process for procuring the best consultant for a project at a competitive price. Council approved the execution of professional services agreements in the amount of $1,000,000 each on May 16, 2022. Having fully executed on-call agreements in place allows a project to begin as soon as the applicant approves the proposed scope of work and submits fee payment to the City for the project. ANALYSIS The purpose of having on-call agreements with consultants who have already been vetted and pre-qualified allows City staff the ability to match a consultant with a project based on the scope and services needed in a timely manner. Having pre-executed agreements with the consultants streamlines the procurement process and enhances customer service. The fees for the projects under these agreements are paid by the applicant. The historical evaluation and environmental review on-call agreements are expiring in the spring of 2025 and are not fully expended. Staff is recommending the terms of these agreements be extended with a First Amendment to June 30, 2027. Staff is not requesting any augmentation to the not-to-exceed limit of the agreement of $1,000,000 each. The fund balances remaining on the existing agreements are anticipated to be sufficient through June 30, 2027. ALTERNATIVES Council could deny the First Amendments to the Agreements to extend the terms to June 30, 2027. Staff does not recommend this alternative because a denial would limit the City’s ability to deliver development projects in a timely and efficient manner. FISCAL IMPACT/FUNDING SOURCE Approval of the recommended action does not impose an additional impact on the City’s budget. The on-call historical evaluations and environmental reviews projects are fully funded up-front by applicants in accordance with the provisions of the comprehensive fee schedule. 6.2 p. 27 of 1256 Approval of a First Amendment to Extend the Terms of the On-Call Professional Services Agreements for Historical Evaluations and Environmental Reviews to June 30, 2027 City of Gilroy City Council Page 3 of 3 April 7, 20251 9 5 5 NEXT STEPS If approved, staff will execute the First Amendment to these on-call agreements to extend the term to June 30, 2027. Attachments: 1. DJP On-Call Environmental Agreement 2. DJP First Amendment - DRAFT 3. Dudek On-Call Historical Agreement 4. Dudek First Amendment - DRAFT 5. EMC On-Call Environmental Agreement 6. EMC First Amendment - DRAFT 7. FirstCarbon Solutions On-Call Environmental Agreeement 8. FirstCarbon Solutions First Amendment - DRAFT 9. Harris & Associates On-Call Environmental Agreement 10. Harris & Associates First Amendment - DRAFT 11. MBI On-Call Environmental Agreement 12. MBI First Amendment - DRAFT 13. M-Group On-Call Environmental Agreement 14. M-Group First Amendment - DRAFT 15. Page & Turnbull On-Call Historical Agreement 16. Page & Turnbull First Amendment - DRAFT 17. Stantec On-Call Environmental Agreement 18. Stantec First Amendment - DRAFT 6.2 p. 28 of 1256 6.2 p. 29 of 1256 6.2 p. 30 of 1256 6.2 p. 31 of 1256 6.2 p. 32 of 1256 6.2 p. 33 of 1256 6.2 p. 34 of 1256 6.2 p. 35 of 1256 6.2 p. 36 of 1256 6.2 p. 37 of 1256 6.2 p. 38 of 1256 6.2 p. 39 of 1256 6.2 p. 40 of 1256 6.2 p. 41 of 1256 6.2 p. 42 of 1256 6.2 p. 43 of 1256 6.2 p. 44 of 1256 6.2 p. 45 of 1256 6.2 p. 46 of 1256 6.2 p. 47 of 1256 6.2 p. 48 of 1256 6.2 p. 49 of 1256 6.2 p. 50 of 1256 6.2 p. 51 of 1256 6.2 p. 52 of 1256 6.2 p. 53 of 1256 6.2 p. 54 of 1256 6.2 p. 55 of 1256 6.2 p. 56 of 1256 6.2 p. 57 of 1256 6.2 p. 58 of 1256 6.2 p. 59 of 1256 6.2 p. 60 of 1256 6.2 p. 61 of 1256 6.2 p. 62 of 1256 6.2 p. 63 of 1256 6.2 p. 64 of 1256 6.2 p. 65 of 1256 6.2 p. 66 of 1256 6.2 p. 67 of 1256 6.2 p. 68 of 1256 6.2 p. 69 of 1256 6.2 p. 70 of 1256 6.2 p. 71 of 1256 6.2 p. 72 of 1256 6.2 p. 73 of 1256 6.2 p. 74 of 1256 6.2 p. 75 of 1256 6.2 p. 76 of 1256 6.2 p. 77 of 1256 6.2 p. 78 of 1256 6.2 p. 79 of 1256 6.2 p. 80 of 1256 6.2 p. 81 of 1256 6.2 p. 82 of 1256 6.2 p. 83 of 1256 6.2 p. 84 of 1256 6.2 p. 85 of 1256 6.2 p. 86 of 1256 6.2 p. 87 of 1256 6.2 p. 88 of 1256 6.2 p. 89 of 1256 6.2 p. 90 of 1256 6.2 p. 91 of 1256 6.2 p. 92 of 1256 6.2 p. 93 of 1256 6.2 p. 94 of 1256 6.2 p. 95 of 1256 6.2 p. 96 of 1256 6.2 p. 97 of 1256 6.2 p. 98 of 1256 6.2 p. 99 of 1256 6.2 p. 100 of 1256 6.2 p. 101 of 1256 6.2 p. 102 of 1256 6.2 p. 103 of 1256 6.2 p. 104 of 1256 6.2 p. 105 of 1256 6.2 p. 106 of 1256 6.2 p. 107 of 1256 6.2 p. 108 of 1256 6.2 p. 109 of 1256 6.2 p. 110 of 1256 6.2 p. 111 of 1256 6.2 p. 112 of 1256 6.2 p. 113 of 1256 6.2 p. 114 of 1256 6.2 p. 115 of 1256 6.2 p. 116 of 1256 6.2 p. 117 of 1256 6.2 p. 118 of 1256 6.2 p. 119 of 1256 6.2 p. 120 of 1256 6.2 p. 121 of 1256 6.2 p. 122 of 1256 6.2 p. 123 of 1256 6.2 p. 124 of 1256 6.2 p. 125 of 1256 6.2 p. 126 of 1256 6.2 p. 127 of 1256 6.2 p. 128 of 1256 6.2 p. 129 of 1256 6.2 p. 130 of 1256 6.2 p. 131 of 1256 6.2 p. 132 of 1256 6.2 p. 133 of 1256 6.2 p. 134 of 1256 6.2 p. 135 of 1256 6.2 p. 136 of 1256 6.2 p. 137 of 1256 6.2 p. 138 of 1256 6.2 p. 139 of 1256 6.2 p. 140 of 1256 6.2 p. 141 of 1256 6.2 p. 142 of 1256 6.2 p. 143 of 1256 6.2 p. 144 of 1256 6.2 p. 145 of 1256 6.2 p. 146 of 1256 6.2 p. 147 of 1256 6.2 p. 148 of 1256 6.2 p. 149 of 1256 6.2 p. 150 of 1256 6.2 p. 151 of 1256 6.2 p. 152 of 1256 6.2 p. 153 of 1256 6.2 p. 154 of 1256 6.2 p. 155 of 1256 6.2 p. 156 of 1256 6.2 p. 157 of 1256 6.2 p. 158 of 1256 6.2 p. 159 of 1256 6.2 p. 160 of 1256 6.2 p. 161 of 1256 6.2 p. 162 of 1256 6.2 p. 163 of 1256 6.2 p. 164 of 1256 6.2 p. 165 of 1256 6.2 p. 166 of 1256 6.2 p. 167 of 1256 6.2 p. 168 of 1256 6.2 p. 169 of 1256 6.2 p. 170 of 1256 6.2 p. 171 of 1256 6.2 p. 172 of 1256 6.2 p. 173 of 1256 6.2 p. 174 of 1256 6.2 p. 175 of 1256 6.2 p. 176 of 1256 6.2 p. 177 of 1256 6.2 p. 178 of 1256 6.2 p. 179 of 1256 6.2 p. 180 of 1256 6.2 p. 181 of 1256 6.2 p. 182 of 1256 6.2 p. 183 of 1256 6.2 p. 184 of 1256 6.2 p. 185 of 1256 6.2 p. 186 of 1256 6.2 p. 187 of 1256 6.2 p. 188 of 1256 6.2 p. 189 of 1256 6.2 p. 190 of 1256 6.2 p. 191 of 1256 6.2 p. 192 of 1256 6.2 p. 193 of 1256 6.2 p. 194 of 1256 6.2 p. 195 of 1256 6.2 p. 196 of 1256 6.2 p. 197 of 1256 6.2 p. 198 of 1256 6.2 p. 199 of 1256 6.2 p. 200 of 1256 6.2 p. 201 of 1256 6.2 p. 202 of 1256 6.2 p. 203 of 1256 Page 1 of 3 City of Gilroy STAFF REPORT Agenda Item Title:Approval of a Third Amendment to the Professional Services Agreement with CSG Consultants, Inc. in the Amount of $356,000 for On-Call Building and Fire Plan Review and Inspection Services through June 30, 2026 Meeting Date:April 7, 2025 From:Jimmy Forbis, City Administrator Department:Community Development Submitted By:Sharon Goei, Community Development Director Prepared By:Monica Sendejas, Management Analyst STRATEGIC PLAN GOALS Promote Economic Development Activities RECOMMENDATION Approve a Third Amendment to the Professional Services Agreement with CSG Consultants, Inc. (CSG) in the amount of $356,000 for on-call Building and Fire plan review and inspection services through June 30, 2026 for a not-to-exceed amount of $2,071,800 and authorize the City Administrator to execute the Amendment and associated documents. BACKGROUND For the past twelve years, the City has been utilizing consultants for Building and Fire plan review services according to City Council policy direction. In July 2021, following an RFP process (21-RFP-CDD-453), the City Council approved an on-call agreement with CSG in the amount not to exceed $1,715,800 for Building and Fire plan review and inspection services for the initial period of July 15, 2021, to June 30, 2024, with two, one-year extensions possible. These consulting services are needed because 1) the City of Gilroy does not have an in-house plan review function, and 2) the Fire Prevention team of three inspectors and a Fire Marshal need additional support to complete the significant number of new and operational fire, hazardous materials, and pretreatment (Gilroy and Morgan Hill) inspections of regulated facilities (1,722 annual 6.3 p. 204 of 1256 Approval of a Third Amendment to the Professional Services Agreement with CSG Consultants, Inc. in the Amount of $356,000 for On-Call Building and Fire Plan Review and Inspection Services City of Gilroy City Council Page 2 of 3 April 7, 20251 9 5 7 operational permits plus new permits; staff perform 100% of the pretreatment inspections). Since the original agreement was established in 2021, two amendments have been executed. The First Amendment was executed on November 1, 2022, to include grading plan review services for the Building Division. The Second Amendment was executed on June 30, 2024, to extend the term of the agreement to June 30, 2025. Over the past four years, the Building Division has expended an average of $338,950 per year in plan review services and the Fire Prevention Division has averaged $74,000 per year in plan review and fire inspection services. The cost of these services is recovered from applicant fees under the current agreement. There is an additional one-year extension available in the agreement and an anticipated agreement balance of $64,000 by the end of FY25. ANALYSIS The combined average cost of service per year for Building and Fire plan review and inspection services over the past four years is approximately $413,000 per year. There is an anticipated agreement balance of $64,000 at the end of this Fiscal Year. Adding $356,000 to the agreement will provide an available agreement balance of $420,000 for FY26. The additional year of services with CSG will allow on-call Building and Fire plan review and inspection services to continue through June 30, 2026. Staff is recommending the not-to-exceed amount of the on-call agreement be increased to $2,071,800 so that the plan review and inspection services with CSG can be utilized throughout FY26. ALTERNATIVES Council could choose not to approve the increase in agreement capacity for the CSG Consultants, Inc. on-call Building and Fire plan review and inspection services. If that were the case, the agreement will likely reach the not-to-exceed limit by September 2025 and this would limit the City’s ability to deliver development projects. FISCAL IMPACT/FUNDING SOURCE Increasing the agreement capacity by $356,000 would bring the available agreement balance to $420,000, which is in line with the annual budget appropriations for the Building Division and Fire Prevention, Hazardous Materials, and Pretreatment Division for the last four years. Costs are fully recovered through the payment of fees by the applicants receiving the services. NEXT STEPS If approved, staff will execute the Third Amendment to the Agreement to extend the term to June 30, 2026 and add $356,000. 6.3 p. 205 of 1256 Approval of a Third Amendment to the Professional Services Agreement with CSG Consultants, Inc. in the Amount of $356,000 for On-Call Building and Fire Plan Review and Inspection Services City of Gilroy City Council Page 3 of 3 April 7, 20251 9 5 7 Attachments: 1. CSG Agreement for Services 2. CSG Amendment 1 3. CSG Amendment 2 4. CSG Amendment 3 - DRAFT 6.3 p. 206 of 1256 6.3 p. 207 of 1256 6.3 p. 208 of 1256 6.3 p. 209 of 1256 6.3 p. 210 of 1256 6.3 p. 211 of 1256 6.3 p. 212 of 1256 6.3 p. 213 of 1256 6.3 p. 214 of 1256 6.3 p. 215 of 1256 6.3 p. 216 of 1256 6.3 p. 217 of 1256 6.3 p. 218 of 1256 6.3 p. 219 of 1256 6.3 p. 220 of 1256 6.3 p. 221 of 1256 6.3 p. 222 of 1256 6.3 p. 223 of 1256 6.3 p. 224 of 1256 6.3 p. 225 of 1256 6.3 p. 226 of 1256 6.3 p. 227 of 1256 6.3 p. 228 of 1256 Page 1 of 1 City of Gilroy STAFF REPORT Agenda Item Title:Claim of Balwinder Singh Mann (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute denial of the claim) Meeting Date:April 7, 2025 From:Jimmy Forbis, City Administrator Department:Administrative Services Submitted By:LeeAnn McPhillips, Administrative Services and Human Resources Director / Risk Manager Prepared By:LeeAnn McPhillips, Administrative Services and Human Resources Director / Risk Manager STRATEGIC PLAN GOALS Not Applicable RECOMMENDATION Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection. EXECUTIVE SUMMARY Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the April 7, 2025 meeting: • Claim of Balwinder Singh Mann Attachments: 1. Claim of Balwinder Singh Mann 6.4 p. 229 of 1256 6.4 p. 230 of 1256 6.4 p. 231 of 1256 6.4 p. 232 of 1256 6.4 p. 233 of 1256 6.4 p. 234 of 1256 6.4 p. 235 of 1256 Page 1 of 1 City of Gilroy STAFF REPORT Agenda Item Title:Claim of Valerie Williams (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute denial of the claim) Meeting Date:April 7, 2025 From:Jimmy Forbis, City Administrator Department:Administrative Services Submitted By:LeeAnn McPhillips, Administrative Services and Human Resources Director / Risk Manager Prepared By:LeeAnn McPhillips, Administrative Services and Human Resources Director / Risk Manager STRATEGIC PLAN GOALS Not Applicable RECOMMENDATION Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection. EXECUTIVE SUMMARY Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the April 7, 2025 meeting: • Claim of Valerie Williams Attachments: 1. Claim of Valerie Williams 6.5 p. 236 of 1256 6.5 p. 237 of 1256 6.5 p. 238 of 1256 Page 1 of 2 City of Gilroy STAFF REPORT Agenda Item Title:Approval of Reformatted Salary Schedules for Exempt Employees (Gilroy Management Association, Full-Time/Unrepresented/Confidential/Exempt/Mid- Management Employees, and Full- Time/Unrepresented/Exempt/At-Will/Department Head Employees) for CalPERS Reporting and Approve Corresponding Side Letter with the Gilroy Management Association (GMA) to Incorporated Updated Salary Schedules to the GMA Memorandum of Understanding Meeting Date:April 7, 2025 From:Jimmy Forbis, City Administrator Department:Administrative Services Submitted By:LeeAnn McPhillips, Administrative Services and Human Resources Director / Risk Manager Prepared By:LeeAnn McPhillips, Administrative Services and Human Resources Director / Risk Manager STRATEGIC PLAN GOALS Not Applicable RECOMMENDATION 1. Approve Side Letter with the Gilroy Management Association (GMA) to Incorporate Updated Salary Schedules to Current GMA Memorandum of Understanding dated July 1, 2022 – June 30, 2025. 2. Adopt a Resolution Approving Reformatted Salary Schedules for the Gilroy Management Association for the periods beginning July 1, 2023, and July 1, 2024. 3. Adopt a Resolution Approving Reformatted Salary Schedules for Full- Time/Unrepresented/Confidential/Exempt/Mid-Management Employees and Full- Time/Unrepresented/Exempt/At-Will/Department Head Employees for the periods beginning July 1, 2023, and July 1, 2024. 6.6 p. 239 of 1256 Approval of Reformatted Salary Schedules for Exempt Employees (Gilroy Management Association, Full-Time/Unrepresented/Confidential/Exempt/Mid-Management Employees, and Full-Time/Unrepresented/Exempt/At-Will/Department Head Employees) for CalPERS Reporting and Approve Corresponding Side Letter with the Gilroy Management Association (GMA) to Incorporated Updated Salary Schedules to the GMA Memorandum of Understanding City of Gilroy City Council Page 2 of 2 April 7, 2025 BACKGROUND On August 1, 2022, the Gilroy City Council approved a successor Memorandum of Understanding (MOU) with the Gilroy Management Association (GMA) for the period July 1, 2022 – June 30, 2025. As part of that approval process, the Council also adopted a resolution approving the salary schedules tied to the agreed upon salary increases stated in the MOU. In addition, also on August 1, 2022, the Council adopted a resolution approving the salary schedules for Unrepresented/Confidential/Exempt employees and Unrepresented/Department Head employees for the same time period. Recently, the California Public Employees’ Retirement System (CalPERS) indicated that they did not approve of the formatting of the GMA, Full-Time/Unrepresented/ Confidential/Exempt/Mid-Management Employees, and Full-Time/Unrepresented/ Exempt/At-Will/Department Head Employees salary schedules for the periods beginning July 1, 2023, and July 1, 2024. Therefore, to avoid an issue with the salary information being reported to CalPERS for Gilroy's exempt employees, the salary schedules for the periods beginning July 1, 2023, and July 1, 2024, have been reformatted in a manner that is acceptable to CalPERS. The minimum of each salary range and the maximum of each salary range have not changed from what was previously adopted by Council. The maximum of each range includes the additional three percent (3%) that was previously approved and added to the top of all exempt salary ranges beginning July 1, 2023, rather than the additional three percent (3%) being called out separately. Drafts of the salary schedules were shared with CalPERS and CalPERS indicated that the revised format is acceptable to them for reporting. FISCAL IMPACT/FUNDING SOURCE There is no fiscal impact associated with this item as the salary schedules include the same amounts previously adopted but rather laid out in a different format acceptable to CalPERS. NEXT STEPS Following Council approval of the GMA side letter and salary schedule resolutions noted in this report, the reformatted salary schedules for the periods beginning July 1, 2023, and July 1, 2024, will be sent to CalPERS to align with current salary reporting. Attachments: 1. GMA Side Letter and Salary Resolution; FT/Unrepresented/Confidential/Exempt/Mid- Management and FT/Unrepresented/Exempt/At-Will/Department Head Salary Resolution 6.6 p. 240 of 1256 6.6 p. 241 of 1256 6.6 p. 242 of 1256 6.6 p. 243 of 1256 6.6 p. 244 of 1256 6.6 p. 245 of 1256 6.6 p. 246 of 1256 6.6 p. 247 of 1256 6.6 p. 248 of 1256 6.6 p. 249 of 1256 6.6 p. 250 of 1256 6.6 p. 251 of 1256 6.6 p. 252 of 1256 6.6 p. 253 of 1256 6.6 p. 254 of 1256 6.6 p. 255 of 1256 6.6 p. 256 of 1256 6.6 p. 257 of 1256 6.6 p. 258 of 1256 6.6 p. 259 of 1256 6.6 p. 260 of 1256 6.6 p. 261 of 1256 6.6 p. 262 of 1256 6.6 p. 263 of 1256 6.6 p. 264 of 1256 6.6 p. 265 of 1256 6.6 p. 266 of 1256 6.6 p. 267 of 1256 6.6 p. 268 of 1256 Page 1 of 5 City of Gilroy STAFF REPORT Agenda Item Title:Award a Contract to Ascent Environmental, Inc. for the Development of a Gilroy Vehicle Miles Traveled (VMT)/Greenhouse Gas (GHG) Reduction Program in the Amount of $473,841 (Partially Funded by Caltrans Grant of $335,529) Meeting Date:April 7, 2025 From:Jimmy Forbis, City Administrator Department:Community Development Submitted By:Sharon Goei, Community Development Director Prepared By:Valerie Negrete, Senior Planner Sharon Goei, Community Development Director STRATEGIC PLAN GOALS Maintain and Improve City Infrastructure RECOMMENDATION Award a contract to Ascent Environmental, Inc. for the development of a Gilroy VMT/GHG Reduction Program, including the tasks of enhanced community engagement, California Environmental Quality Act (CEQA) documentation, and Safety Element Update, in the amount of $473,841, and authorize the City Administrator to execute the contract and associated documents. EXECUTIVE SUMMARY The City Council’s legislative agenda and Community Development Department’s workplan have the following items: 1) a Climate Action Plan (CAP)/GHG Reduction Plan, which is part of the 2040 General Plan; 2) a VMT Policy; and 3) Transportation Demand Management (TDM) guidelines. These items have been on the Council’s legislative agenda and Department’s workplan for the last two budget cycles and are grant-dependent. 7.1 p. 269 of 1256 Award a Contract to Ascent Environmental, Inc. for the Development of a Gilroy VMT/GHG Reduction Program in the Amount of $473,841 (Partially Funded by Caltrans Grant of $335,529) City of Gilroy City Council Page 2 of 5 April 7, 20251 9 2 7 The City was awarded a $335,529 Sustainable Transportation Planning grant from the California Department of Transportation (Caltrans) for a VMT/GHG Reduction Program. The grant requires a minimum of $43,471 local match. At the regular meeting on July 29, 2024, Council authorized the City Administrator to execute the grant agreement between the City and Caltrans. On November 8, 2024, Caltrans authorized the City to begin the work under the grant. Following a Request for Proposals (RFP) process that received and reviewed five proposals, Ascent Environmental, Inc. (Ascent) was identified by the evaluation team as the proposal that would best meet the needs of the City. Ascent included in their proposal a VMT/GHG Reduction Program that would attain the grant deliverables as well as optional tasks that would fulfill State mandates. Development of a Citywide VMT Reduction Policy/TDM Guidelines and a GHG Reduction/Climate Action Plan will help the City implement the Gilroy 2040 General Plan and develop a detailed and strategic framework for measuring, planning, and reducing GHG emissions and related climate vulnerabilities. This effort will also help streamline project review, by developing a menu of mitigation measures that an applicant can choose to satisfy their CEQA compliance requirements. Completion of this project will help the City make significant progress towards reducing both VMT and GHG impacts for projects within the City limits. Caltrans indicated in the grant guidelines that environmental studies, plans, or documents required under the CEQA are ineligible for grant funding. Therefore, local funding is needed to complete the environmental compliance for the project. Awarding a contract to Ascent in the amount of $473,841 will enable staff to complete the legislative agenda and workplan items and fulfill State mandates. The contract will be funded by the $335,529 Caltrans grant, $43,471 required local match, and an additional $94,841 from the Community Development Department’s FY25 appropriations that will fund the remaining contractual obligation. BACKGROUND A Climate Action Plan is a detailed and strategic framework for measuring, planning, and reducing GHG emissions and related climatic impacts. It helps to prioritize actions that should be taken to reduce GHG emissions and serves as the roadmap for the City to implement municipal and community-wide programs, projects, and policies. It also helps to streamline the environmental review process for applicants. The VMT policy and TDM measures align with the goals and policies of the General Plan and support new development in suitable areas near transit, mixed-use neighborhoods, and other amenities. The City does not have a formal CAP or local VMT Reduction/TDM Policy. Absent the City adopting its own City-specific VMT policies and impact thresholds, projects will continue to generate VMT impacts that are deemed significant and unavoidable. In addition, GHG emissions from new development within the City will exceed 2030 and 7.1 p. 270 of 1256 Award a Contract to Ascent Environmental, Inc. for the Development of a Gilroy VMT/GHG Reduction Program in the Amount of $473,841 (Partially Funded by Caltrans Grant of $335,529) City of Gilroy City Council Page 3 of 5 April 7, 20251 9 2 7 2040 emissions reduction targets and goals identified in the Gilroy 2040 General Plan. By 2035, energy is projected to comprise approximately 49 percent of total emissions, while transportation would comprise approximately 45 percent. However, according to the 2040 General Plan Environmental Impact Report (EIR), GHG emissions can be reduced to a less-than-significant level, with adoption and implementation of a qualified GHG reduction plan. Awarding this contract is necessary to ensure that both VMT and GHG reduction measures are tailored to the unique needs of Gilroy, with an emphasis on mode shift, energy efficiency, and equity in Gilroy’s vulnerable communities. This effort is also required in order to meet the City’s General Plan policies. ANALYSIS On December 9, 2024, City staff released an RFP for the VMT/GHG Reduction Program (25-RFP-CD-514) in the San Jose Mercury News. Staff also sent the RFP to seventeen (17) environmental and planning consultants. The City received five (5) proposals from the following consultants: Ascent Environmental, Inc., Cascadia Consulting Group, Rincon Consultants, Inc., Dudek, and ICF Incorporated, L.L.C. An evaluation team reviewed the proposals and evaluated them in accordance with the criteria identified in the RFP: project approach and scope of work; firm experience, examples, and references; key project staff experience with similar projects/similar cities; and project cost. Ascent Environmental, Inc. was identified by the evaluation team as the proposal that would best meet the needs of the City, based on their project understanding, project approach, experience, project cost, and overall quality of the proposal. Ascent included in their proposal a VMT/GHG Reduction Program that would attain the grant deliverables, as well as optional tasks that would complement the VMT/GHG Reduction Program work and benefit the City in meeting State requirements in a cost-efficient manner. Ascent’s proposal was also forwarded to Caltrans for review to ensure the proposal meets the grant requirements. Proposed Scope of Work Ascent has prepared a narrative describing each task which includes project kick-off to project completion, as shown in the attachment to this staff report. The following is a summary of the tasks. These tasks total $335,346, which includes a contingency of $28,259. Task 1 – Kickoff Meeting Task 2 – Background Research/Existing Conditions Task 3 – Engagement Plan Task 4 – Greenhouse Gas Reduction/Climate Action Plan Task 5 – VMT Reduction/Transportation Demand Management Guidelines 7.1 p. 271 of 1256 Award a Contract to Ascent Environmental, Inc. for the Development of a Gilroy VMT/GHG Reduction Program in the Amount of $473,841 (Partially Funded by Caltrans Grant of $335,529) City of Gilroy City Council Page 4 of 5 April 7, 20251 9 2 7 Task 6 – Study Session (Initial Review of Draft Recommendations) Task 7 – Public Review Draft VMT/GHG Reduction Program Documents Task 8 – Planning Commission Review/City Council Approval and Adoption Ascent has also proposed optional tasks as summarized below. The following section discusses each task in detail. Task 3 Sub-tasks – Enhanced Engagement – optional Task 9 – CEQA Documentation – optional as Caltrans grant will not fund this; however, this is a required task to meet State law Task 10 – Safety Element Update – optional Optional Tasks Optional tasks in Ascent’s proposal illustrated their understanding of the adoption process and interconnectivity with the other portions of the Gilroy General Plan. Task 3 Sub-tasks. Enhanced Engagement $33,025 The enhanced community engagement tasks provide pop-up events and community workshops as additional community outreach to obtain public input. A Climate Action Plan must be adopted in a public process and an Engagement Plan will assist with this outreach, along with optional Enhanced Engagement with pop-up events and community workshops. Task 9. CEQA Documentation $39,260 Prior to adopting a CAP, the City must comply with CEQA. This task includes the preparation of an environmental impact analysis to ensure consistency with the City’s adopted General Plan EIR. Environmental compliance is a required step in the adoption of the CAP. As noted above, the Caltrans grant will not fund any CEQA documentation. Thus, required CEQA documentation was shown as an optional task and local funding must be utilized to complete this requirement. Task 10. Safety Element Update $66,210 The City’s 2040 General Plan Potential Hazards Element, also known as the Safety Element, is required to be updated per State law. State laws require review and update of the Safety Element to include accessibility, capacity, safety, and viability of evacuation routes in order to assist in identifying opportunities to improve connectivity and resiliency of the transportation systems. State laws also require all cities to address climate change adaptation and resilience in their General Plan Safety Element. Optional Task 10 includes the tasks required to fulfill the City’s requirements in complying with State law. The analysis required to update the Safety Element will require specific knowledge and expertise of fires, floods, droughts, earthquakes, landslides, climate change, and other climate related hazards. Since resilience and adaptation planning strategies would have been contained within the CAP, Ascent would be well-positioned to build upon this work in order to update the City’s Safety Element. If the City were to 7.1 p. 272 of 1256 Award a Contract to Ascent Environmental, Inc. for the Development of a Gilroy VMT/GHG Reduction Program in the Amount of $473,841 (Partially Funded by Caltrans Grant of $335,529) City of Gilroy City Council Page 5 of 5 April 7, 20251 9 2 7 update the Safety Element separately under a different contract, it would be at a higher cost as a new consultant would have to gather and analyze the information separately. Conclusion Based on the above assessment, and in conjunction with the Caltrans grant that the City secured, staff recommends awarding a contract to Ascent for the VMT/GHG Reduction Program and optional tasks for a total contract amount of $473,841. ALTERNATIVES 1. Award a contract amount of $440,816 with optional Task 9 for CEQA documentation ($39,260) and Task 10 for the Safety Element update ($66,210), which are State mandates. This option does not include Task 3 Sub-tasks for enhanced community engagement ($33,025). 2. Do not authorize a contract with Ascent. Without a contractual agreement, the City would default on the Caltrans grant and lose State funding to complete these mandated requirements because staff does not have the specialized expertise to complete this project independent of a consultant. Staff does not recommend this option. FISCAL IMPACT/FUNDING SOURCE The total budget required for this contract will fund the creation of a Gilroy GHG Reduction/Climate Action Plan, VMT Reduction/TDM Guidelines, CEQA documentation, and Safety Element Update. The total recommended contract amount is $473,841. The City has $335,529 in Caltrans grant funds, plus a $43,471 local match grant requirement, which leaves a balance of $94,841 for the other components of this work utilizing local funding. The FY25 approved budget for the Community Development Department includes adequate funding in Contractual Services to cover the balance of $138,312 ($43,471 local match Caltrans grant requirement plus $94,841), making it feasible to award the contract as recommended by staff. NEXT STEPS Upon Council’s approval, the contract will be executed, and staff will work with the consultant to complete the scope of work. The Caltrans grant has an expiration date of June 30, 2027. As such, the project should be completed no later than May 31, 2027, to allow one month to complete administrative documentation for grant closure. Attachments: 1. Ascent Environmental, Inc. Proposal 2. Request for Proposals (25-RFP-CD-514) 7.1 p. 273 of 1256 7.1 p. 274 of 1256 7.1 p. 275 of 1256 7.1 p. 276 of 1256 7.1 p. 277 of 1256 7.1 p. 278 of 1256 7.1 p. 279 of 1256 7.1 p. 280 of 1256 7.1 p. 281 of 1256 7.1 p. 282 of 1256 7.1 p. 283 of 1256 7.1 p. 284 of 1256 7.1 p. 285 of 1256 7.1 p. 286 of 1256 7.1 p. 287 of 1256 7.1 p. 288 of 1256 7.1 p. 289 of 1256 7.1 p. 290 of 1256 7.1 p. 291 of 1256 7.1 p. 292 of 1256 7.1 p. 293 of 1256 7.1 p. 294 of 1256 7.1 p. 295 of 1256 7.1 p. 296 of 1256 7.1 p. 297 of 1256 7.1 p. 298 of 1256 7.1 p. 299 of 1256 7.1 p. 300 of 1256 7.1 p. 301 of 1256 7.1 p. 302 of 1256 7.1 p. 303 of 1256 7.1 p. 304 of 1256 7.1 p. 305 of 1256 7.1 p. 306 of 1256 7.1 p. 307 of 1256 7.1 p. 308 of 1256 7.1 p. 309 of 1256 7.1 p. 310 of 1256 7.1 p. 311 of 1256 7.1 p. 312 of 1256 7.1 p. 313 of 1256 7.1 p. 314 of 1256 7.1 p. 315 of 1256 7.1 p. 316 of 1256 7.1 p. 317 of 1256 7.1 p. 318 of 1256 7.1 p. 319 of 1256 7.1 p. 320 of 1256 7.1 p. 321 of 1256 7.1 p. 322 of 1256 7.1 p. 323 of 1256 7.1 p. 324 of 1256 7.1 p. 325 of 1256 7.1 p. 326 of 1256 7.1 p. 327 of 1256 7.1 p. 328 of 1256 7.1 p. 329 of 1256 7.1 p. 330 of 1256 7.1 p. 331 of 1256 7.1 p. 332 of 1256 7.1 p. 333 of 1256 7.1 p. 334 of 1256 7.1 p. 335 of 1256 Page 1 of 3 City of Gilroy STAFF REPORT Agenda Item Title:Award a contract to Dewberry Engineers Inc. for Lions Creek Consultant Services in the Amount of $189,652.26 Meeting Date:April 7, 2025 From:Jimmy Forbis, City Administrator Department:Public Works Submitted By:John Doughty, Public Works Director Prepared By:Daniel Padilla, City Engineer Shaun Wright, Engineer STRATEGIC PLAN GOALS Maintain and Improve City Infrastructure RECOMMENDATION Council: 1. Award a contract to Dewberry Engineers Inc. in the amount of $189,652.26. 2. Authorize the City Administrator to execute the agreement and all other related documents. EXECUTIVE SUMMARY The Lions Creek Trail Project will improve pedestrian and bicycle connectivity in the City of Gilroy by constructing a Class I multi-use trail approximately 6,500 feet in length. The project will link Tapestry Drive at Christopher High School to the existing paved trail at Kern Avenue and add a pedestrian crossing at Santa Teresa Boulevard and Day Road East. Dewberry Engineers Inc., having completed the previous 65% design, is uniquely qualified to finalize the design, secure permits, and prepare the necessary construction documents. Their prior involvement, coupled with Caltrans' approval for sole-source procurement, ensures seamless continuity for the project. The contract is funded through a federal grant. Approval of this contract will enable the City to move forward with obtaining necessary permits and finalizing the design to bring this project to construction in the most efficient and effective manner. 7.2 p. 336 of 1256 Award a contract to Dewberry Engineers Inc. for Lions Creek Consultant Services in the Amount of $189,652.26 City of Gilroy City Council Page 2 of 3 April 7, 2025 BACKGROUND The Lions Creek Trail Project is a multi-use trail project aimed at enhancing connectivity and recreational opportunities within the City of Gilroy. The project will construct a Class I, multi-use trail approximately 6,500 feet in length from Tapestry Drive at Christopher High School to the existing paved trail at Kern Avenue and add a pedestrian crossing at the intersection of Santa Teresa Boulevard and Day Road East. Previously, Drake Haglan and Associates, subsequently acquired by Dewberry Engineers Inc., prepared a 65% design for the project before it was put on hold due to construction costs and funding constraints in 2015. The 2024-2028 Capital Improvement Program Budget Book includes two separate Lions Creek Trail projects. Lions Creek Trail West of Santa Teresa and Day (#800270 - Funded) and Lions Creek Trail West Gap Closure – Kern to Day (#800280 – Unfunded). After consideration from the City, the projects have been combined and the scope modified as necessary to provide a cost-effective project. The City has acquired additional funding and conducted value engineering to reduce costs. Now, the City seeks to resume the project by contracting with Dewberry Engineers Inc. to complete the final design, environmental permits, and prepare construction documents. ANALYSIS The City has determined that Dewberry Engineers Inc. is the most qualified firm to complete the design based on their extensive knowledge of the project and prior work completed. Caltrans has approved sole-source procurement of Dewberry Engineers Inc. due to their existing expertise on this project. Their scope of work includes: Completion of the trail design, building upon the prior 65% plans. Design of crossing improvements at the intersection of Santa Teresa Boulevard. and Day Road East. Coordinating required permitting with agencies including the Santa Clara Valley Water District (SCVWD), U.S. Army Corps of Engineers (USACE), and National Resource Conservation Service (NRCS). Updated environmental documents to ensure compliance. This contract utilizes the City’s standard form of agreement. This contract aligns with the proposal's timeframe and project phases. ALTERNATIVES Council may choose not to award the agreement to Dewberry Engineers Inc. This is not recommended as this would delay the project. The City would have to initiate a new Request for Proposal process to hire a consultant. FISCAL IMPACT/FUNDING SOURCE 7.2 p. 337 of 1256 Award a contract to Dewberry Engineers Inc. for Lions Creek Consultant Services in the Amount of $189,652.26 City of Gilroy City Council Page 3 of 3 April 7, 2025 This contract will be funded through grant funds received and allocated for the construction and design of this project through the Community Project Funding / Congressionally Directed Spending program – CPF/CDS ($1,500,000). Per FHWA Standard Caltrans procedures, the CPF/CDS grant will cover a maximum of 88.53% of the project’s construction and design cost. The City is required to provide an 11.47% match for the costs paid for by this grant. The agreement with Dewberry Engineers Inc. is not to exceed $189,652.26. $167,899.15 will be paid for from federal grant funds and $21,753.11 will be paid from the City’s Gas Tax – Fund 205. PUBLIC OUTREACH This contract will be to finalize work that has already been defined based on prior outreach efforts regarding the two CIP projects as mentioned above. NEXT STEPS 1. If approved by Council, staff will execute the contract and commence the project. Attachments: 1. Dewberry Engineers Inc. – Agreement for Services 7.2 p. 338 of 1256 7.2 p. 339 of 1256 7.2 p. 340 of 1256 7.2 p. 341 of 1256 7.2 p. 342 of 1256 7.2 p. 343 of 1256 7.2 p. 344 of 1256 7.2 p. 345 of 1256 7.2 p. 346 of 1256 7.2 p. 347 of 1256 7.2 p. 348 of 1256 7.2 p. 349 of 1256 7.2 p. 350 of 1256 7.2 p. 351 of 1256 7.2 p. 352 of 1256 7.2 p. 353 of 1256 7.2 p. 354 of 1256 7.2 p. 355 of 1256 7.2 p. 356 of 1256 7.2 p. 357 of 1256 7.2 p. 358 of 1256 7.2 p. 359 of 1256 7.2 p. 360 of 1256 7.2 p. 361 of 1256 7.2 p. 362 of 1256 7.2 p. 363 of 1256 7.2 p. 364 of 1256 7.2 p. 365 of 1256 7.2 p. 366 of 1256 7.2 p. 367 of 1256 7.2 p. 368 of 1256 7.2 p. 369 of 1256 7.2 p. 370 of 1256 7.2 p. 371 of 1256 7.2 p. 372 of 1256 7.2 p. 373 of 1256 7.2 p. 374 of 1256 7.2 p. 375 of 1256 7.2 p. 376 of 1256 7.2 p. 377 of 1256 7.2 p. 378 of 1256 7.2 p. 379 of 1256 7.2 p. 380 of 1256 7.2 p. 381 of 1256 7.2 p. 382 of 1256 Page 1 of 6 Agenda Item Title: Meeting Date: From: Department: Submitted By: Prepared By: City of Gilroy STAFF REPORT Hold the Third Public Hearing Regarding the City's Transition from an At-Large to a District-Based Elections System for the Purpose of Receiving the Demographer’s Presentation on the Transition Process, the Information Received Regarding Communities of Interest in the City, the Possible Contours of Six Districts, the Drawing of Maps by Redistricting Partners, the Review of Maps Submitted on the City’s Website and by Other Means, and the Presentation of Legally Compliant Draft Maps to the City Council for the Six New Districts, as well as the Order of Elections for the 2026 and 2028 Elections April 7, 2025 Andrew Faber, City Attorney Administration Andrew Faber, City Attorney Andrew Faber, City Attorney STRATEGIC PLAN GOALS Not Applicable RECOMMENDATION Hold a third Public Hearing and receive public input and a presentation from the City of Gilroy's consulting Demographer, Redistricting Partners, regarding the process and criteria for establishing boundaries for district elections pursuant to the California Voting Rights Act for the City Council. This could include discussion of the following topics: 1. The Communities of Interest within the City that should define the boundaries and composition of districts before any maps of any proposed district boundaries are drawn. 2. Review of draft maps submitted by Redistricting Partners and the public, including requests for changes to existing draft maps or requests to prepare new draft maps. 8.1 p. 383 of 1256 d Hold the Third Public Hearing Regarding the City's Transition from an At-Large to a District-Base Elections System for the Purpose of Receiving the Demographer’s Presentation on the Transition Process, the Information Received Regarding Communities of Interest in the City, the Possible Contours of Six Districts, the Drawing of Maps by Redistricting Partners, the Review of Maps Submitted on the City’s Website and by Other Means, and the Presentation of Legally Compliant Draft Maps to the City Council for the Six New Districts, as well as the Order of Elections for the 2026 and 2028 Elections City of Gilroy City Council Page 2 of 6 April 7, 20251 9 6 4 3. Consideration of the Order of Elections, that is, which three districts will be on the ballot in 2026, and which three districts will be on the 2028 ballot. BACKGROUND The City of Gilroy ("City") currently has an at-large election system, where each of the City's six Councilmembers are elected to staggered four-year terms by voters throughout the City. The mayor is also elected at-large to a four-year term. 1. Letter Alleging Violation of the CVRA and the City’s Resolution of Intent to Transition from an At-Large Electoral System to One Based on Districts. On December 16, 2024, the City received a Notice of Violation of the California Voting Rights Act (“CVRA”). The letter asserts that the City is in violation of the CVRA because the City's councilmember elections are at-large as opposed to by district and there exist racial polarization and vote dilution. On February 24, 2025, the City Council adopted a resolution declaring its intent to transition to a district-based electoral system commencing with the November 2026 Election. 2. Public Hearings, Public Input, and Community Workshops. On March 3, 2025, and March 17, 2025, the City Council held the first and second of five public hearings required for the City’s transition to by-district elections. Public hearings nos. 1 and 2 were held prior to any draft maps being drawn. Redistricting Partners, the City’s retained demographer, made presentations at both public hearings regarding the CVRA. Those presentations covered the composition and number of districts, as well as the public input process. Members of the public provided input at both hearings regarding various communities of interest in and the various attributes of the City of Gilroy. At its March 17th hearing, the City Council with the public input provided direction to begin drawing draft maps for a by-district election system comprised of six districts and an at- large mayor. In addition, on March 25 and March 29, 2025, the City hosted two workshops—offering childcare and language translation — where Redistricting Partners gave a presentation on districting, facilitated a Question & Answer session, and engaged the public in map- drawing. 3. Draft Map Development. Based on public input and City Council feedback at the March 3rd and March 17th meetings, as well as the March 25th and 29th workshops, the City’s consulting demographer, Redistricting Partners, prepared three draft maps for review, which were posted on the City’s website on March 31st, 2025. These three draft maps comply with both the CVRA and the Federal Voting Rights Act – utilizing sound map drawing/ 8.1 p. 384 of 1256 d City of Gilroy City Council Page 3 of 6 April 7, 20251 9 6 4 Hold the Third Public Hearing Regarding the City's Transition from an At-Large to a District-Base Elections System for the Purpose of Receiving the Demographer’s Presentation on the Transition Process, the Information Received Regarding Communities of Interest in the City, the Possible Contours of Six Districts, the Drawing of Maps by Redistricting Partners, the Review of Maps Submitted on the City’s Website and by Other Means, and the Presentation of Legally Compliant Draft Maps to the City Council for the Six New Districts, as well as the Order of Elections for the 2026 and 2028 Elections demographic principles and meeting the requirements of the Fair Maps Act. These maps incorporate the underlying Census tract geography to establish the boundaries of individual City Council districts. In drawing these maps, every care was taken to honor neighborhoods and communities of interest. Furthermore, each City Council map is below 10% total deviations between the largest to smallest district by population. Further explanation of the public input and analysis that went in to drafting each of these draft maps will be provided by Redistricting Partners at public hearing no. 3. Also posted on the City's website by or on that date, were twenty-four maps that were submitted by members of the public. This April 7, 2025, public hearing no. 3 is to receive public and City Council feedback on this first set of draft maps and provide direction to Redistricting Partners on any proposed revisions to be considered or new maps to be drawn. Again, the maps can be revised, or new maps drawn. In addition to the drawing and consideration of maps, the City Council also must determine the order of elections – that is, which three districts will be on the ballot in November of 2026, and which three districts will be on the ballot in November of 2028, as City Council terms are staggered under state law. The City Council’s decision on the order of elections must be made “in the spirit of the CVRA.” An updated set of draft maps will then be discussed at public hearing no. 4 on April 21, 2025. Any and all new draft maps will be posted on the City’s website by April 14, 2025. At the fourth hearing on April 21, the City Council again will hear public feedback on the map drafts and the order of elections. The City Council also may provide additional feedback on the draft maps, or ask for new draft maps, for the next hearing on May 5, 2025. 4. Final Review, Map Selection, and Ongoing Outreach. At the fifth hearing on May 5, 2025, the City Council may select a map and also the order of elections - that is, which three (3) districts will be on the November 2026 ballot, and which three (3) districts will be on the ballot in November of 2028. If the City Council makes these determinations on that date, it will pass an ordinance that defines both the boundaries of the six new districts and the order of elections. Alternatively, the City Council might also decide that more work is necessary and provide additional direction for revised maps at an additional future hearing, which again will be posted at least seven (7) days prior to that next hearing. The City has and will continue to conduct an extensive community outreach effort to solicit feedback and input on the draft maps. 8.1 p. 385 of 1256 d City of Gilroy City Council Page 4 of 6 April 7, 20251 9 6 4 Hold the Third Public Hearing Regarding the City's Transition from an At-Large to a District-Base Elections System for the Purpose of Receiving the Demographer’s Presentation on the Transition Process, the Information Received Regarding Communities of Interest in the City, the Possible Contours of Six Districts, the Drawing of Maps by Redistricting Partners, the Review of Maps Submitted on the City’s Website and by Other Means, and the Presentation of Legally Compliant Draft Maps to the City Council for the Six New Districts, as well as the Order of Elections for the 2026 and 2028 Elections In accordance with Elections Code Section 10010, the City published on its website the draft maps prepared by Redistricting Partners seven (7) days prior to this hearing. Any updated draft maps will also be published seven (7) days in advance of any future public hearing. FISCAL IMPACT/FUNDING SOURCE There is no fiscal impact to hold this meeting as the City has already retained the services of outside legal counsel and a demographer to assist in the transition to district-based elections. ENVIRONMENTAL REVIEW None PUBLIC OUTREACH Throughout the process in this transition to district elections, the City has engaged in a robust effort to encourage participation and inclusivity as a part of the process. After the April 7, 2025, Council meeting, the City will continue its robust community outreach effort to solicit feedback on the draft maps and the districting process in a general sense. The results of this community outreach effort are considered continually and again will be presented to the Council on April 21, 2025, at public hearing #4. The fifth public hearing is scheduled for May 5, 2025, and will be when the Council adopts the final map unless it decides to continue the process. The City has and is also providing multiple ways for the public to submit feedback through in-person and online formats such as map drawing, fillable Communities of Interest forms, and submission of public comment. Members of the public are encouraged to regularly visit the City’s districting webpage at: https://www.cityofgilroy.org/1069/Transition-to-District-Based-Elections Members of the public can access all meeting materials as well as provide input on the districting process and draft maps via the City’s website. PREVIOUS COUNCIL CONSIDERATION During the regular meeting of February 24, 2025, the City Council adopted a Resolution declaring its Intent to Transition to District-Based Elections pursuant to California Elections Code Section 10010, with the transition taking effect for the November 2026 and 2028 Elections. 8.1 p. 386 of 1256 d City of Gilroy City Council Page 5 of 6 April 7, 20251 9 6 4 Hold the Third Public Hearing Regarding the City's Transition from an At-Large to a District-Base Elections System for the Purpose of Receiving the Demographer’s Presentation on the Transition Process, the Information Received Regarding Communities of Interest in the City, the Possible Contours of Six Districts, the Drawing of Maps by Redistricting Partners, the Review of Maps Submitted on the City’s Website and by Other Means, and the Presentation of Legally Compliant Draft Maps to the City Council for the Six New Districts, as well as the Order of Elections for the 2026 and 2028 Elections During the regular meeting of March 3, 2025, the City Council held its first public hearing related to the transition to district-based elections. There, the City's demographer, Redistricting Partners, made a presentation on the CVRA and the transition process for preparing district boundaries. On March 17, 2025, the City Council held its second public hearing related to the transition to district-based elections. The City’s demographer, Redistricting Partners, made a second presentation on the transition process for preparing district boundaries and how to use the City’s online map-drawing tool, “Districtr.” The City Council also determined on that date that the City of Gilroy will continue to have six City Council members – now in six distinct districts – and an at-large mayor. On March 25 and March 29, 2025, the City hosted two workshops—offering childcare and language interpretation—where Redistricting Partners gave a presentation on districting, facilitated a Q&A session, and engaged the public in map-drawing. Attachments: 1.Draft Map A 2.Draft Map B 3.Draft Map C 4.Public Submitted Map ID 288689 5.Public Submitted Map ID 288702 6.Public Submitted Map ID 288706 7.Public Submitted Map ID 289081 8.Public Submitted Map ID 289084 9.Public Submitted Map ID 289094 10.Public Submitted Map ID 289103 11.Public Submitted Map ID 289301 12.Public Submitted Map ID 289422 13.Public Submitted Map ID 289567 14.Public Submitted Map ID 289693 15.Public Submitted Map ID 289695 16.Public Submitted Map ID 289808 17.Public Submitted Map ID 290180 18.Public Submitted Map ID 290307 19.Public Submitted Map ID 290309 20.Public Submitted Map ID 290576 21.Public Submitted Map ID 290606 22.Public Submitted Map ID 291655 23.Public Submitted Map ID 291665 24.Public Submitted Map ID 292240 25.Public Submitted Map ID 292418 8.1 p. 387 of 1256 d Hold the Third Public Hearing Regarding the City's Transition from an At-Large to a District-Base Elections System for the Purpose of Receiving the Demographer’s Presentation on the Transition Process, the Information Received Regarding Communities of Interest in the City, the Possible Contours of Six Districts, the Drawing of Maps by Redistricting Partners, the Review of Maps Submitted on the City’s Website and by Other Means, and the Presentation of Legally Compliant Draft Maps to the City Council for the Six New Districts, as well as the Order of Elections for the 2026 and 2028 Elections City of Gilroy City Council Page 6 of 6 April 7, 20251 9 6 4 1.Public Submitted Map ID 292419 2.Public Submitted Map ID 292517 3.Gilroy FAIR MAPS Act Assessment 3.31.25 8.1 p. 388 of 1256 8.1 p. 389 of 1256 8.1 p. 390 of 1256 8.1 p. 391 of 1256 8.1 p. 392 of 1256 8.1 p. 393 of 1256 8.1 p. 394 of 1256 8.1 p. 395 of 1256 8.1 p. 396 of 1256 8.1 p. 397 of 1256 8.1 p. 398 of 1256 8.1 p. 399 of 1256 8.1 p. 400 of 1256 8.1 p. 401 of 1256 8.1 p. 402 of 1256 8.1 p. 403 of 1256 8.1 p. 404 of 1256 8.1 p. 405 of 1256 8.1 p. 406 of 1256 8.1 p. 407 of 1256 8.1 p. 408 of 1256 8.1 p. 409 of 1256 8.1 p. 410 of 1256 8.1 p. 411 of 1256 8.1 p. 412 of 1256 8.1 p. 413 of 1256 8.1 p. 414 of 1256 8.1 p. 415 of 1256 8.1 p. 416 of 1256 8.1 p. 417 of 1256 8.1 p. 418 of 1256 8.1 p. 419 of 1256 8.1 p. 420 of 1256 8.1 p. 421 of 1256 8.1 p. 422 of 1256 8.1 p. 423 of 1256 8.1 p. 424 of 1256 8.1 p. 425 of 1256 8.1 p. 426 of 1256 8.1 p. 427 of 1256 8.1 p. 428 of 1256 8.1 p. 429 of 1256 8.1 p. 430 of 1256 8.1 p. 431 of 1256 8.1 p. 432 of 1256 8.1 p. 433 of 1256 8.1 p. 434 of 1256 8.1 p. 435 of 1256 8.1 p. 436 of 1256 8.1 p. 437 of 1256 8.1 p. 438 of 1256 8.1 p. 439 of 1256 8.1 p. 440 of 1256 8.1 p. 441 of 1256 8.1 p. 442 of 1256 8.1 p. 443 of 1256 8.1 p. 444 of 1256 8.1 p. 445 of 1256 8.1 p. 446 of 1256 8.1 p. 447 of 1256 8.1 p. 448 of 1256 8.1 p. 449 of 1256 8.1 p. 450 of 1256 8.1 p. 451 of 1256 8.1 p. 452 of 1256 8.1 p. 453 of 1256 8.1 p. 454 of 1256 8.1 p. 455 of 1256 8.1 p. 456 of 1256 8.1 p. 457 of 1256 8.1 p. 458 of 1256 8.1 p. 459 of 1256 8.1 p. 460 of 1256 8.1 p. 461 of 1256 8.1 p. 462 of 1256 8.1 p. 463 of 1256 8.1 p. 464 of 1256 8.1 p. 465 of 1256 8.1 p. 466 of 1256 8.1 p. 467 of 1256 8.1 p. 468 of 1256 8.1 p. 469 of 1256 8.1 p. 470 of 1256 8.1 p. 471 of 1256 8.1 p. 472 of 1256 8.1 p. 473 of 1256 8.1 p. 474 of 1256 8.1 p. 475 of 1256 8.1 p. 476 of 1256 8.1 p. 477 of 1256 8.1 p. 478 of 1256 8.1 p. 479 of 1256 8.1 p. 480 of 1256 8.1 p. 481 of 1256 8.1 p. 482 of 1256 8.1 p. 483 of 1256 8.1 p. 484 of 1256 8.1 p. 485 of 1256 8.1 p. 486 of 1256 8.1 p. 487 of 1256 8.1 p. 488 of 1256 8.1 p. 489 of 1256 8.1 p. 490 of 1256 8.1 p. 491 of 1256 8.1 p. 492 of 1256 8.1 p. 493 of 1256 8.1 p. 494 of 1256 8.1 p. 495 of 1256 8.1 p. 496 of 1256 8.1 p. 497 of 1256 8.1 p. 498 of 1256 8.1 p. 499 of 1256 8.1 p. 500 of 1256 8.1 p. 501 of 1256 8.1 p. 502 of 1256 8.1 p. 503 of 1256 8.1 p. 504 of 1256 8.1 p. 505 of 1256 8.1 p. 506 of 1256 8.1 p. 507 of 1256 8.1 p. 508 of 1256 8.1 p. 509 of 1256 8.1 p. 510 of 1256 8.1 p. 511 of 1256 8.1 p. 512 of 1256 8.1 p. 513 of 1256 8.1 p. 514 of 1256 8.1 p. 515 of 1256 8.1 p. 516 of 1256 8.1 p. 517 of 1256 8.1 p. 518 of 1256 8.1 p. 519 of 1256 8.1 p. 520 of 1256 8.1 p. 521 of 1256 8.1 p. 522 of 1256 8.1 p. 523 of 1256 8.1 p. 524 of 1256 8.1 p. 525 of 1256 8.1 p. 526 of 1256 8.1 p. 527 of 1256 8.1 p. 528 of 1256 8.1 p. 529 of 1256 8.1 p. 530 of 1256 8.1 p. 531 of 1256 8.1 p. 532 of 1256 8.1 p. 533 of 1256 8.1 p. 534 of 1256 8.1 p. 535 of 1256 8.1 p. 536 of 1256 8.1 p. 537 of 1256 8.1 p. 538 of 1256 8.1 p. 539 of 1256 8.1 p. 540 of 1256 8.1 p. 541 of 1256 8.1 p. 542 of 1256 8.1 p. 543 of 1256 8.1 p. 544 of 1256 8.1 p. 545 of 1256 8.1 p. 546 of 1256 8.1 p. 547 of 1256 8.1 p. 548 of 1256 8.1 p. 549 of 1256 8.1 p. 550 of 1256 8.1 p. 551 of 1256 8.1 p. 552 of 1256 8.1 p. 553 of 1256 8.1 p. 554 of 1256 8.1 p. 555 of 1256 8.1 p. 556 of 1256 8.1 p. 557 of 1256 8.1 p. 558 of 1256 8.1 p. 559 of 1256 8.1 p. 560 of 1256 8.1 p. 561 of 1256 8.1 p. 562 of 1256 8.1 p. 563 of 1256 8.1 p. 564 of 1256 8.1 p. 565 of 1256 8.1 p. 566 of 1256 8.1 p. 567 of 1256 8.1 p. 568 of 1256 8.1 p. 569 of 1256 8.1 p. 570 of 1256 8.1 p. 571 of 1256 8.1 p. 572 of 1256 8.1 p. 573 of 1256 8.1 p. 574 of 1256 8.1 p. 575 of 1256 8.1 p. 576 of 1256 8.1 p. 577 of 1256 8.1 p. 578 of 1256 8.1 p. 579 of 1256 8.1 p. 580 of 1256 8.1 p. 581 of 1256 8.1 p. 582 of 1256 8.1 p. 583 of 1256 8.1 p. 584 of 1256 8.1 p. 585 of 1256 8.1 p. 586 of 1256 8.1 p. 587 of 1256 8.1 p. 588 of 1256 8.1 p. 589 of 1256 8.1 p. 590 of 1256 8.1 p. 591 of 1256 8.1 p. 592 of 1256 8.1 p. 593 of 1256 8.1 p. 594 of 1256 8.1 p. 595 of 1256 8.1 p. 596 of 1256 8.1 p. 597 of 1256 8.1 p. 598 of 1256 8.1 p. 599 of 1256 8.1 p. 600 of 1256 8.1 p. 601 of 1256 8.1 p. 602 of 1256 8.1 p. 603 of 1256 8.1 p. 604 of 1256 8.1 p. 605 of 1256 8.1 p. 606 of 1256 8.1 p. 607 of 1256 8.1 p. 608 of 1256 8.1 p. 609 of 1256 8.1 p. 610 of 1256 8.1 p. 611 of 1256 8.1 p. 612 of 1256 8.1 p. 613 of 1256 8.1 p. 614 of 1256 8.1 p. 615 of 1256 8.1 p. 616 of 1256 Page 1 of 2 City of Gilroy STAFF REPORT Agenda Item Title:Strategic Planning Session #3 - Economic Development Meeting Date:April 7, 2025 From:Jimmy Forbis, City Administrator Department:Administration Submitted By:Jimmy Forbis, City Administrator Prepared By:Jimmy Forbis, City Administrator Victoria Valencia, Economic Development Manager STRATEGIC PLAN GOALS Promote Economic Development Activities RECOMMENDATION Council discussion and direction to be incorporated into the Fiscal Year 26 and 27 Adopted Budget and Work Plan. ANALYSIS To date, the City Council has conducted two Strategic Planning sessions: 1. Council Strategic Planning Workshop (February 12, 2025) 2. Mid-Year Fiscal Report and General Fund Forecast Update (March 17, 2025) Both sessions have been productive in creating the foundation for the City Council Goals and Priorities for the next two fiscal years with the expectation that the City Council will adopt the biennial budget, goals, and work plan at their June 2nd meeting. The council and staff have at least four additional strategic planning meetings as follows: 3. Economic Development (April 7, 2025) 4. Planning/Building/Housing (April 21, 2025) 9.1 p. 617 of 1256 Strategic Planning Session #3 - Economic Development City of Gilroy City Council Page 2 of 2 April 7, 2025 5. Public Safety/Unhoused/Quality of Life (May 5, 2025) 6. Legislative Agenda/Miscellaneous (May 19, 2025) Other important dates: May 7, 2025 – Recommended Budget Release May 12, 2025 – City Council Budget Workshop May 14, 2025 – Community Budget Workshop May 19, 2025 – Council review of Goals, Priorities, and Work Plans June 2, 2025 – Budget Adoption FISCAL IMPACT/FUNDING SOURCE None at this time. PUBLIC OUTREACH The City commenced its biennial budget development process for Fiscal Year (FY) 2025-26 and 2026-27 in January 2025, and held two of the six series of Strategic Planning Workshops on February 12, 2025 and March 17, 2025. Information regarding the biennial budget and strategic planning workshops has been communicated via the City’s Weekly Email Express newsletter with the Gilroy community. The FY26 and FY27 Recommended Budget is scheduled to be released on May 7, 2025, which will be followed by two additional workshops on May 12, 2025 and May 14, 2025, for the City Council and the Gilroy community, respectively, to receive a presentation on the recommended budget and provide additional feedback and input. The feedback received at the workshops will be shared with the City Council for further consideration at the June 2, 2025, prior to Budget Adoption. 9.1 p. 618 of 1256 Page 1 of 2 City of Gilroy STAFF REPORT Agenda Item Title:Downtown Parklet Update Meeting Date:April 7, 2025 From:Jimmy Forbis, City Administrator Department:Community Development Submitted By:Sharon Goei, Community Development Director Prepared By:Sharon Goei, Community Development Director STRATEGIC PLAN GOALS Promote Economic Development Activities RECOMMENDATION Receive report regarding an update on downtown parklet and accept the recommendation from the Downtown Committee: 1. No new parklets on Monterey Street between 1st and 10th Streets, as well as side streets between Railroad and Eigleberry Streets; 2. Requiring existing parklet(s) to comply with Campbell’s parklet requirements; and 3. The previous two recommendations leading to the recommendation that the parklet in front of the Tempo Kitchen and Bar be demolished and not rebuilt. BACKGROUND At the January 22, 2024 City Council meeting, Council directed the Downtown Committee to research and develop a downtown parklet program. The Downtown Committee has been holding meetings to discuss parklet requirements. ANALYSIS After several months of discussions, at the October 8, 2024 Downtown Committee meeting, the Committee voted to recommend no new parklets on Monterey Street between 1st and 10th Streets, as well as side streets between Railroad and Eigleberry Streets. The Committee also voted to forward City of Campbell’s parklet requirements for consideration and require existing parklet(s) to comply. 9.2 p. 619 of 1256 Downtown Parklet Update City of Gilroy City Council Page 2 of 2 April 7, 20251 9 3 2 Staff researched City of Campbell’s parklet requirements in detail and met with City of Campbell’s Economic Development and Public Works staff members, who developed and have been administering Campbell’s program. At the January 14 and February 4, 2025 Downtown Committee meetings, staff provided a matrix with Campbell’s parklet requirements and the modifications that would need to be made to the existing parklet on Monterey Street in front of the Tempo Kitchen and Bar. Staff presented the analysis that led to the conclusion that the existing parklet in front of Tempo would need to undergo complete redesign and reconstruction in order to meet Campbell’s parklet requirements. Since the analysis showed that the parklet in front of Tempo must be demolished and rebuilt in order to meet Campbell’s requirements, and yet no new parklets on Monterey Street are recommended by the Downtown Committee, discussion was held as to whether the modification would constitute a demolition then a rebuild of a new parklet. After deliberation, the Committee voted 7-3 to not allow a rebuild of the parklet in front of Tempo, as this would constitute a new parklet, which the Committee previously voted to disallow on Monterey Street. This means the parklet in front of Tempo would need to be demolished and not allowed to be rebuilt. Staff is forwarding the above recommendation from the Downtown Committee for Council acceptance. For reference, the parklet in front of Tempo has a Revocable Encroachment Permit, which contains terms and conditions that the Applicant/Permittee accepted as part of the Permit. The Permit has a condition of approval that states, “PARKLET REMOVAL – Applicant shall remove the parklet, at parklet sponsor’s expense, within 30 days from written notice by the City of Gilroy.” FISCAL IMPACT/FUNDING SOURCE There has been no fiscal impact besides staff time. NEXT STEPS Depending on Council direction, staff will notify and work with Tempo on compliance. 9.2 p. 620 of 1256 Page 1 of 3 City of Gilroy STAFF REPORT Agenda Item Title:Approve a School Resource Officer Memorandum of Understanding for Fiscal Year 2025-2026 Meeting Date:April 7, 2025 From:Jimmy Forbis, City Administrator Department:Police Submitted By:Pedro Espinoza, Police Chief Prepared By:Juan Rocha, Captain STRATEGIC PLAN GOALS Ensure Neighborhood Equity from City Services RECOMMENDATION Adopt a resolution of the City Council of the City of Gilroy authorizing the City Administrator to enter into an agreement between the City of Gilroy and Gilroy Unified School District for two school resource officers, including cost sharing, for Fiscal Year 2025-2026 (FY26). EXECUTIVE SUMMARY The City of Gilroy (City) and the Gilroy Unified School District (GUSD) have an established School Resource Officer (SRO) Program and partnership dating back to 1985. The SRO’s primary role in schools is to maintain school campus safety, build and support the well-being of youth, positive student and family engagement, safety training, and an on-site resource for students and staff in crisis. Gilroy Unified School District has asked to renew the SRO program for FY26. Staff is requesting the City Council to authorize the City Administrator to execute a Memorandum of Understanding (MOU) between the City and GUSD to continue this partnership. BACKGROUND 10.1 p. 621 of 1256 Approve a School Resource Officer Memorandum of Understanding for Fiscal Year 2025-2026 City of Gilroy City Council Page 2 of 3 April 7, 2025 The SRO program consists of two police officers dedicated to the school resource function of maintaining school campus safety. The officers are tenured officers who are specially trained and carefully selected with the participation of the GUSD Superintendent. The MOU includes six best primary purposes for having police services on school campuses and adds to a balanced approach to provide a positive and safe school environment. The six principles of the SRO Program include: 1. Maintain a safe and secure campus for both students and staff. 2. Preserve life and property in a manner that promotes community. 3. Develop positive relationships with students, staff and community. 4. Support GUSD staff in securing and transporting of prohibited confiscated items that are illegal to have on campus under California State Law. 5. Divert youth away from the criminal justice system through Restorative Justice programming. 6. Connect youth with mental health behavior services. ANALYSIS GUSD has a comprehensive plan to keep students safe at school, and one part of the plan includes the renewal of the contract with the City for an SRO Program. The benefits of the SRO Program include enhancing public safety, maintaining safe and secure school campuses, building positive relationships with students and staff, diverting youth from the criminal justice system through restorative justice guiding principles, and connecting youth with mental health behavioral services. GUSD staff will present to the GUSD Board on April 3, 2025, for the renewal of the FY26 MOU agreement. Over the past four years, GUSD has conducted an annual survey to assess the perceptions of students, staff, and families regarding SROs on campus. The most recent survey findings indicate that 90.6% of respondents feel comfortable with the presence of an SRO, while 82.2% believe that having an SRO in schools contributes to a safer environment for students. During the meeting, GUSD staff will highlight the ongoing collaboration between campus personnel and SROs, emphasizing their commitment to fostering student well-being, building trust, and ensuring a secure campus community. ALTERNATIVES The council may decide not to continue participating in a Memorandum of Understanding (MOU), but this is not advisable. If an incident occurs that requires law enforcement intervention, patrol officers will respond to the call for assistance from the school or school district. However, they will not be able to offer the additional services and benefits that a School Resource Officer (SRO) program typically provides as noted above. FISCAL IMPACT/FUNDING SOURCE 10.1 p. 622 of 1256 Approve a School Resource Officer Memorandum of Understanding for Fiscal Year 2025-2026 City of Gilroy City Council Page 3 of 3 April 7, 2025 This MOU would provide cost sharing with GUSD paying 50% of the two SRO’s cost. The full salary of two SRO’s for FY26 is estimated at $600,037.49. GUSD’s portion of the cost is $300,018.74. The City’s SRO’s cost will be included as part of the FY26 budget process as the SRO program will be staffed from the current officer workforce. PUBLIC OUTREACH As referenced above, public outreach occurs as part of the GUSD community survey. Attachments: 1. Resolution SRO FY26 2. Memorandum of Understanding – SRO FY26 3. Attachment A – FY26 SRO 10.1 p. 623 of 1256 RESOLUTION NO. 2025-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE CITY ADMINISTRATOR TO PARTICIPATE IN AN AGREEMENT BETWEEN THE CITY OF GILROY AND GILROY UNIFIED SCHOOL DISTRICT FOR TWO SCHOOL RESOURCE OFFICERS FOR FISCAL YEAR 2025-2026 WHEREAS, the City of Gilroy and the Gilroy Unified School District wish to continue the School Resource Officer Program for Fiscal Year 2025-2026; and WHEREAS, the Gilroy Unified School District agreed to participate in a Memorandum of Understanding for the Fiscal Year 2025-2026 school year and agree to share the costs associated with the School Resource Officer Program. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Gilroy authorizes the City Administrator to enter into an agreement between the City of Gilroy and the Gilroy Unified School District to provide two School Resource Officers. PASSED AND ADOPTED this 7TH day of April 2025 by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: APPROVED: ______________________________ Greg Bozzo, Mayor ATTEST: Bryce Atkins, Acting City Clerk 10.1 p. 624 of 1256 Resolution No. 2025-XX GUSD SRO Resolution City Council Regular Meeting | April 7, 2025 Page 2 of 2 CERTIFICATE OF THE CLERK I, BRYCE ATKINS, Acting City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2025-XX is an original resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, April 7, 2025, with a quorum present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Date. ____________________________________ Bryce Atkins Acting City Clerk of the City of Gilroy (Seal) 10.1 p. 625 of 1256 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE GILROY UNIFIED SCHOOL DISTRICT AND THE CITY OF GILROY FOR SCHOOL RESOURCE OFFICERS This MEMORANDUM OF UNDERSTANDING (MOU) (the “Agreement”) is entered into on April 3, 2025 (the “Effective Date”) by and between the Gilroy Unified School District (the “GUSD”) and the City of Gilroy (the “City”) (which may be referred to hereinafter individually as a “Party” and collectively referred to hereinafter as the “Parties”) to provide fiscal support for the School Resource Officers (the “SROs”) assigned to GUSD. RECITALS WHEREAS, the Parties desire to place two (2) SROs in service to the GUSD; and WHEREAS, the Parties have agreed to enter into this Agreement for the purpose of sharing the cost of two (2) SRO positions for the GUSD 2025-2026 fiscal year; and WHEREAS, GUSD agrees to reimburse the City for its share of the cost, and the purpose of this Agreement is to provide the duties and obligations of both Parties related to these SRO positions, and the terms and conditions for GUSD’s reimbursement to the City; and NOW THEREFORE, in consideration of the foregoing recitals, and the covenants and conditions contained herein, the Parties hereto agree as follows: PURPOSE The parties agree that there are six primary purposes for having police services on school campuses. They are to: 1. Maintain a safe and secure campus for both students and staff; 2. Preserve life and property in a manner which promotes community; 3. Develop positive relationships with students, staff, and the community; 4. Support GUSD staff in securing and transporting of prohibited confiscated items that are illegal to have on campus under California State law; 5. Divert youth away from the criminal justice system through restorative justice programming; 6. Connect youth with mental health behavior services. 1. Obligation of the Parties. a. City: The City shall provide the GUSD with two (2) SROs during the 2025-2026 regular school year and with one (1) SRO during the 2025-2026 summer session. SRO’s shall attend Restorative Justice and Positive Behavioral Training. 10.1 p. 626 of 1256 i. During the regular school year, each SRO will be assigned to one of the two high schools located in Gilroy - Christopher High School or Gilroy High School, and will be primarily responsible for performing duties and obligations at the high school to which they are assigned, as well as the “feeder” middle and elementary schools associated with it. ii. During the regular school year, the SROs will provide coverage for each other, as needed, including without limitation, performing SRO duties at the school(s) for which the other officer is primarily responsible if the SRO primarily assigned to the school(s) is absent from work or preoccupied for an extended or indefinite period of time with a matter or matters that may require his or her immediate and full attention. iii. Consistent with their regular schedules when performing their general Gilroy Police officer duties, the SROs will each work a 4/10 plan. This means that each SRO will work for ten (10) hours per day, four (4) days per week. During the regular school year, their SRO schedules will be staggered so that every weekday will have at least one SRO providing coverage. iv. The City will provide funding for the two (2) SROs salary throughout the GUSD 2025-2026 fiscal year, and will send an invoice to GUSD for its 50% share of the cost for the SROs at the end of the GUSD 2025-2026 fiscal year. v. Should the employment of either or both of the SROs be terminated during the 2025-2026 school year, the City will provide substitute officers. vi. The City shall involve the current GUSD superintendent or designee in the process of interviewing and selecting SRO candidates. vii. Any published job description for the SRO shall state bilingual in Spanish candidates are preferred. b. GUSD: GUSD shall reimburse the City for 50% of each officer’s full annual salary for the 2025-2026 GUSD fiscal year (12 months), as calculated by the City, including the cost of any related benefits. GUSD agrees and understands that SROs are entitled to certain contractual rights pursuant to their collective bargaining agreement with the City, including, without limitation, employee breaks and paid time off. GUSD shall not interfere with or prevent the exercise of these rights. GUSD shall also provide Restorative Justice and Positive Behavioral training to the SROs. 2. Term. The term (the “Term”) of this Agreement will commence as of the Effective Date and will continue in effect through the GUSD 2025-2026 fiscal year, unless sooner terminated in accordance with the termination provisions provided in paragraph 6, below. Should the GUSD determine that it has sufficient funding to share the cost of the SRO officers for the 2026-2027 school year and desire to renew its commitment to share the cost of such positions, the GUSD 10.1 p. 627 of 1256 must provide notice to the City by April 30, 2026. The City may at its sole discretion extend this Agreement through the 2026-2027 fiscal year, after determining that the City has the funds to cover its share of the cost of such positions. 3. Reimbursement. GUSD’s reimbursement cost is based on the salary and benefits that each officer assigned to the GUSD would receive for performing their regular patrol duties, as described in the cost summary in “Attachment A” to this Agreement and prorated for the actual periods, which an SRO Officer position is assigned to the District. At the end of the Term, the City will provide the GUSD with an invoice for the GUSD’s share of the annual cost for the two SROs, to be paid in one lump sum payment or in multiple payments as agreed to in writing by both Parties. Should the City provide substitute officers per paragraph 1.a. above, the GUSD’s share of the cost will remain the same and continue to be based on the officer salaries and benefits as calculated per “Attachment A.” The full annual salary of the two SROs is $600,037.49. GUSD’s portion of the cost is $300,018.74. The GUSD’s share of the cost covers the SROs’ on-campus duties and regular patrol duties, as determined by the Gilroy Police Department, performed during the GUSD 2025- 2026 school year. 4. Relationship. The relationship of the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed to create any principal or agent relationship, partnership, joint venture, or participation in a joint or common undertaking, between the Parties. The SROs are not employees of the GUSD and will at all times during the term of this Agreement remain under the direct control and command of the Gilroy Police Department. The City and its Police Department will supply all necessary equipment for the SROs for the performance of their SRO duties. The SROs may on an emergency basis be called away from their on-campus duties to perform regular duties during GUSD school operational hours, as needed. 5. Indemnification. Neither Party nor any officer, employee, official, or agent thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by the other Party under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that each Party shall fully defend, indemnify and hold harmless the other Party and all of its officers, employees, officials, or agents thereof from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by the other Party, under this Agreement. In addition, in lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a Party shall not be shared pro rata but, instead, the Parties agree that, pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other Parties, their officers, officials, 10.1 p. 628 of 1256 employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, officials, employees, or agents, under or in connection with or arising out of any work, authority, or jurisdiction delegated to such Party under this Agreement. The obligations set forth in this paragraph will survive termination and expiration of this Agreement. 6. Termination. Either Party may terminate this Agreement for cause or convenience at any time upon giving thirty (30) days written notice to the other Party, in accordance with paragraph 7, below. Either Party’s failure to comply with the terms, conditions, or provisions of this Agreement may be grounds for termination upon thirty (30) days written notice by the other Party. 7. Notice. Any notices required or permitted hereunder shall be given to the appropriate party at the address specified below or at such other address as the Party shall specify in writing. Such notice shall be deemed given upon personal delivery; or if sent by first class mail, postage prepaid, three (3) days after the date of mailing; or if sent by nationally recognized overnight carrier, on the date of receipt or refused receipt by the receiving party. City: City of Gilroy Attn: Jimmy Forbis 7351 Rosanna St. Gilroy, CA 95020 GUSD: Gilroy Unified School District Attn: __________ 7810 Arroyo Circle Gilroy, CA 95020 8. Amendment. This Agreement may be amended only by mutual, written agreement executed by both Parties. 9. No Assignment. Neither this Agreement nor any portion shall be assigned by either Party, without prior written consent of the other Party. 10. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way, except that if any of the obligations of the parties under paragraph 1, above, should be determined to be invalid, void, or unenforceable, then this Agreement shall terminate upon such final determination. 10.1 p. 629 of 1256 11. 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 will have any claim or right of action hereunder for any cause whatsoever. 12. 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 any and all actions or disputes arising out of this Agreement shall be in State and Federal courts located in Santa Clara County, California. 13. Counterparts. This Agreement may be signed in counterparts, each of which shall be deemed to be an original, but all of which taken together, shall constitute one and the same agreement. 14. Waiver. No waiver by either Party of any breach, default, or violation of any term, warranty, representation, agreement, covenant, condition, or provision hereof shall constitute a waiver of any subsequent breach, default, or violation of the same or any other term, warranty, representation, agreement, covenant, condition, or provision thereof. All waivers must be in writing and signed by the Party against whom enforcement of the waiver is sought. All remedies are cumulative, and the election to pursue less than all remedies shall not be a waiver of the right to pursue any remedy. 15. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the entire Agreement between the Parties and supersedes any previous agreement, oral or written. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written above. ATTEST: CITY OF GILROY ______________________________ ______________________________ City Clerk City Administrator APPROVED AS TO FORM: GILROY UNIFIED SCHOOL DISTRICT ______________________________ ______________________________ City Attorney District Superintendent ATTEST: APPROVED AS TO FORM: ______________________________ ______________________________ District Clerk District General Counsel 10.1 p. 630 of 1256 10.1 p. 631 of 1256