HomeMy WebLinkAbout05/19/2025 City Council Regular Agenda PacketMay 19, 2025 | 6:00 PM Page 1 of 7 City Council
Regular Meeting
CITY COUNCIL
REGULAR MEETING
AGENDA
CITY CHAMBERS, CITY HALL
7351 ROSANNA STREET, GILROY, CA
95020
MONDAY, MAY 19, 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
COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY
COUNCIL. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for
each individual speaker. **Please limit your comments to 3 minutes.** The amount of time allowed per speaker
may vary at the Mayor’s discretion depending on the number of speakers and length of the agenda.
Written comments on any agenda item may be emailed to the City Clerk’s Office at
publiccomment@cityofgilroy.org or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street,
Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1 p.m. on the day of a Council meeting will be
distributed to the City Council prior to or at the meeting and available for public inspection with the agenda
packet located in the lobby of Administration at City Hall, 7351 Rosanna Street prior to the meeting. Any
correspondence received will be incorporated into the meeting record. Items received after the 1 p.m. deadline
will be provided to the City Council as soon as practicable. Written comments are also available on the City’s
Public Records Portal at bit.ly/3NuS1IN.
In compliance with the Americans with Disabilities Act, the City will make reasonable
arrangements to ensure accessibility to this meeting. If you need special assistance to participate
in this meeting, please contact the City Clerk’s Office at least 72 hours prior to the meeting at (408)
846-0204 or cityclerk@cityofgilroy.org to help ensure that reasonable arrangements can be made.
If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising
only those issues you or someone else raised at the public hearing held at this meeting, or in written
correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time
within which to seek judicial review of any final administrative determination reached at this meeting is governed
by Section 1094.6 of the California Code of Civil Procedure.
A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9 (d)(2) if a
point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel,
based on existing facts and circumstances, there is a significant exposure to litigation against the City.
Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet
are available with the agenda packet on the City website at www.cityofgilroy.org subject to the Staff’s ability to
post the documents before the meeting.
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Regular Meeting
KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE
Government's duty is to serve the public, reaching its decisions in full view of the public.
Commissions, task forces, councils and other agencies of the City exist to conduct the
people's business. This ordinance assures that deliberations are conducted before the
people and that City operations are open to the people's review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT
ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A
VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF
AT (408) 846-0204.
If you need assistance with translation and would like to speak during public comment,
please contact the City Clerk a minimum of 72 hours prior to the meeting at 408-846-0204 or
e-mail the City Clerk’s Office at cityclerk@cityofgilroy.org.
Si necesita un intérprete durante la junta y gustaría dar un comentario público, comuníquese
con el Secretario de la Ciudad un mínimo de 72 horas antes de la junta al 408-846-0204 o
envíe un correo electrónico a la Oficina del Secretario de la Ciudad
a cityclerk@cityofgilroy.org.
To access written translation during the meeting, please scan the QR
Code or click this link:
Para acceder a la traducción durante la reunión, por favor escanee el
código QR o haga clic en el enlace:
bit.ly/3FBiGA0
Choose Language and Click Attend | Seleccione su lenguaje y haga clic
en asistir
Use a headset on your phone for audio or read the transcript on your
device.
Use sus auriculares para escuchar el audio o leer la transcripción en el
dispositivo.
The agenda for this regular meeting is 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
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1.6.Orders of the Day
1.7.Employee Introductions
2. CEREMONIAL ITEMS - Proclamations and Awards
2.1.Proclamation Declaring May 2025 as National Bike Month
2.2.Proclamation Declaring May 18 to May 24, 2025, as National Public Works Week
3. COUNCIL CORRESPONDENCE (Informational Only)
4. PRESENTATIONS TO THE COUNCIL
4.1.Annual Sister Cities Association Presentation
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 portion of the meeting is reserved for persons desiring to address the
Council on matters within the Gilroy City Council’s jurisdiction but not on the
agenda. Persons wishing to address the Council are requested to complete a
Speaker’s Card located at the entrances and handed to the City Clerk. Speakers
are limited to 1 to 3 minutes each, varying at the Mayor’s discretion depending
on the number of speakers and length of the agenda. The law does not permit
Council action or extended discussion of any item not on the agenda except
under special circumstances. If Council action is requested, the Council may
place the matter on a future agenda.
Written comments to address the Council on matters not on this agenda may be
e-mailed to the City Clerk’s Office at publiccomment@cityofgilroy.org or mailed
to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA
95020. Comments received by the City Clerk’s Office by 1:00 pm on the day of a
Council meeting will be distributed to the City Council prior to or at the meeting
and available for public inspection with the agenda packet located in the lobby
of Administration at City Hall, 7351 Rosanna Street, prior to the meeting. Any
correspondence received will be incorporated into the meeting record. Items
received after the 1:00pm deadline will be provided to the City Council as soon
as practicable. Written material provided by public members under this section
of the agenda will be limited to 10 pages in hard copy. An unlimited amount of
material may be provided electronically.
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
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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, 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)
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
All matters listed under the Consent Calendar are considered by the City Council to be routine
and will be enacted by one motion. There will be no separate discussion of these items unless
a request is made by a member of the City Council or a member of the public. Any person
desiring to speak on any item on the consent calendar should ask to have that item removed
from the consent calendar prior to the time the City Council votes to approve. If removed, the
item will be discussed in the order in which it appears.
6.1.Approval of Minutes for the May 5, 2025 Strategic Planning Workshop, Special
Meeting, and Regular Meeting, as well as the May 12, 2025 City Council Budget
Workshop
6.2.Purchase of Irrigation Controllers for a Total of $124,763 Utilizing Sourcewell's
Cooperative Purchasing Contract 112624-TTC
6.3.Annual Military Equipment Use Report 2024, per CA Assembly Bill No. 481
6.4.Acceptance of Cash and Investment Report as of March 31, 2025
6.5.Adopt a Resolution Approving the Fiscal Year 2025-26 Road Rehabilitation
Projects for Funding by Senate Bill 1, the Road Repair and Accountability Act of
2017 Funds
6.6.Approve the Amended and Restated Funding Agreement Between the City of
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Gilroy and Santa Clara Valley Transportation Authority for the 2016 Measure B
Bicycle and Pedestrian Education and Encouragement Program
7. BIDS AND PROPOSALS
8. PUBLIC HEARINGS
8.1.Public Hearing Pursuant to Government Code Section 3502.3 (AB 2561) to
Receive a Report on City of Gilroy Vacancies, and Recruitment and Retention
Efforts
1.Disclosure of Ex-Parte Communications
2.Staff Report: LeeAnn McPhillips, Assistant City Administrator/HR Director
3.Open Public Hearing
4.Close Public Hearing
5.Possible Action:
Receive the informational report on City of Gilroy Vacancies, and
Recruitment and Retention Efforts Pursuant to Government Code Section
3502.3 (AB 2561).
8.2.Sixth 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 and Selecting a Final
District Elections Map from the Remaining Two Draft Map – Maps D and F; as
well as Determining the Order of Elections – that is - Which Three Districts Will
Be on the Ballot in the November 2026 Election and Which Three Districts Will
Be on the 2028 Ballot; Determining Whether Candidates for City Council Must be
Residents and Electors of the District in Which They Seek Election for Any
Period of Time Prior to Filing Their Nomination Papers and Declaring Their Intent
to Run; and Introduce an Ordinance of the City Council of the City of Gilroy
Declaring Henceforth that City Council Elections will be Districted, Adopting a
Districting Map, Declaring the Order of Elections, and Potentially Imposing a
Residency Requirement on Council Candidates
This Public Hearing Item Shall be Heard at 7:00 p.m. or Soon Thereafter
1.Disclosure of Ex-Parte Communications
2.Staff Report: Andy Faber, City Attorney
3.Open Public Hearing
4.Close Public Hearing
5.Possible Action:
That the City Council:
1. Select either Draft Map D or Draft Map F as the official district map.
2. Determine which districts will be on the ballot in 2026 and which in
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2028.
3. If desired by the Council, impose a residency requirement of no
greater than 30 days upon candidates prior to filing their nomination
papers.
4. Motion to read the ordinance by title only and waive further reading.
5. Introduce an Ordinance of the City Council of the City of Gilroy
officially declaring that henceforth, the City Council elections will be
districted, including the determinations made regarding items 1-3
above.
9. UNFINISHED BUSINESS
9.1.Strategic Planning Session #4 - Council Legislative Agenda / Public Safety /
Unhoused
1.Staff Report: Jimmy Forbis, City Administrator
2.Public Comment
3.Possible Action:
Council discussion and direction.
10. INTRODUCTION OF NEW BUSINESS
10.1.Adopt a Resolution Setting the 2025 Fireworks Service Fee
1.Staff Report: Sharon Goei, Community Development Director
2.Public Comment
3.Possible Action:
Adopt a Resolution of the City Council of the City of Gilroy setting the 2025
Fireworks Service Fee at $20,519.70 in accordance with Assembly Bill (AB)
1403.
10.2.Consent the Appointment of Ken Binder (CalPERS Retired Annuitant) as the
Interim Police Chief Following Successful Completion of all Peace Officer
Standards & Training (POST) Hiring Requirements and Adoption of a Resolution
Approving the Appointment and Employment Agreement
1.Staff Report: LeeAnn McPhillips, Assistant City Administrator/HR Director
2.Public Comment
3.Possible Action:
1. Consent the City Administrator's recommendation to appoint Ken
Binder (CalPERS Retired Annuitant) as Interim Police Chief effective
upon successful completion of all Peace Officer Standards & Training
(POST) Hiring Requirements.
2. Adopt a resolution of the City Council of the City of Gilroy approving
the appointment of Ken Binder (CalPERS Retired Annuitant) as
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Interim Police Chief pursuant to Government Code Section 21221(h)
and authorizing the City Administrator to execute the employment
agreement to include setting the employment start date following
successful completion of all POST hiring requirements.
11. FUTURE COUNCIL INITIATED AGENDA ITEMS
12. CITY ADMINISTRATOR'S REPORTS
13. CITY ATTORNEY'S REPORTS
14. CLOSED SESSION
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)
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
June 2025
02
16
Meeting Name - 6:00 p.m.
Meeting Name - 6:00 p.m.
July 2025
28 City Council Regular Meeting - 6:00 p.m.
Meetings are webstreamed on the City of Gilroy’s website at gilroy.city/meetings.
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DRAFT
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City of Gilroy
City Council Special Meeting Minutes
Monday, May 5, 2025 | 12:00 PM
1.OPENING
1.1.Call to Order
The meeting was called to order at 12:01 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.STRATEGIC PLANNING SESSION #3
Mayor Bozzo opened public comment
James Suner - discussed issues relating to development application processing and costs,
including but not limited to three needs to start immediately: initiating impact fee nexus
studies, making applications better for small project and non-corporate applications, and
establishing applicant rights.
Michelle Carlen – came before Council and introduced herself as the new President and
Chief Executive Officer of the Gilroy Chamber of Commerce.
With no additional speakers, Mayor Bozzo closed public comment.
3.ADJOURNMENT
With no further business before the Council, the meeting was adjourned at 3:27 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
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DRAFT
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City of Gilroy
City Council Special Meeting Minutes
Monday, May 5, 2025 | 5:45 PM
1.OPENING
1.1.Call to Order
The meeting was called to order at 5:45 PM.
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.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
The City Attorney read the item into the record and provided instructions.
Motion:
ENTER into Closed Session.
RESULT:Pass
MOVER:
SECONDER:
AYES:Council Member Bracco, Council Member Cline, Council
Member Fugazzi, Council Member Hilton, Council Member
Marques, Council Member Ramirez, Mayor Bozzo
3.ADJOURN TO OPEN SESSION
The Council adjourned to open session at 6:12 PM with no reportable actions.
4.ADJOURNMENT
With no further business, the meeting was adjourned at 6:12 PM.
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Special Meeting Minutes
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular
meeting of the City Council of the City of Gilroy.
/s/Bryce Atkins
Acting City Clerk
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City of Gilroy
City Council Regular Meeting Minutes
Monday, May 5, 2025 | 6:00 PM
1.OPENING
1.1.Call to Order
The meeting was called to order at 6:12 PM.
1.2.Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Fugazzi.
1.3.Invocation
None.
1.4 City Clerk's Report on Posting the Agenda
The City Clerk reported that the agenda was posted on Friday, May 2, 2025 at
11:11 AM.
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
Mayor Bozzo reminded those in the audience that Public Hearing Item No. 8.2 on
the transition to district-based elections would be heard at 7:00 PM.
1.7.Employee Introductions
None.
2.CEREMONIAL ITEMS - Proclamations and Awards
2.1.Presentation of Retirement Proclamation to Randy Carpenter
2.2.Presentation of Retirement Proclamation to Jason Smith
2.3.Proclamation Declaring May 2025 as Affordable Housing Month
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2.4.Proclamation Declaring May 2025 as Building Safety Month
3.COUNCIL CORRESPONDENCE (Informational Only)
None.
4.PRESENTATIONS TO THE COUNCIL
4.1.Youth Commission Annual Presentation
Youth Commission Chair Alfred James lead the Gilroy Youth Commission
presentation of the annual report to the City Council, assisted by Commissioners
Jacob Ortega and Karin Sandoval Rodriguez.
4.2.PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE
CITY COUNCIL
Mayor Bozzo opened public comment
Miguel A. Flaquer II - commented regarding school crosswalk safety and issues
with City and School District staff responsiveness, and introduced himself to
Council.
Alison Cingolani - commented about the SV At Home non-profit organization
focused on affordable housing. She thanked Council for recognizing the
importance of affordable housing, for the work of the Community Development
Department, and that the City has traditionally been a leader in producing low-
income housing, but that the work continues.
With no further speakers, Mayor Bozzo closed public comment.
5.REPORTS OF COUNCIL MEMBERS
Council Member Bracco – reported on the Library District that on the 17th the earthen
excursion exhibit for children will be opening on that date, and a book program from the
Dolly Parton Foundation grant matched by the State of California.
Council Member Fugazzi – No report.
Council Member Marques – No report.
Council Member Hilton – VTA Policy Advisory Committee: Gilroy Transit Center having a
new feature of 18 long-term modern bike parking e-lockers; Silicon Valley Clean Energy:
reported on the EV Charging Station Grant for new chargers in the parking lot for the library
and the new headquarters building purchased; South County Youth Task Force Policy
Team: Violence Prevention Plan was recently presented to the County has approved
implementation of the plan into the new County Office of Violence Prevention and the June
budget for new workers and engagement with District Attorney for reintegrating a
community prosecutor.
Council Member Ramirez – No report.
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Council Member Cline – No report.
Mayor Bozzo – reported about Gilroy Gardens marketing and management team provided
advanced notice about an upcoming special event called Cherries Jubilee.
6.CONSENT CALENDAR
6.1.Approval of the Action Minutes of the April 21, 2025 City Council Special
Meeting and the April 21, 2025 City Council Regular Meeting
6.2.Gilroy Museum's Request for Commission Approval to Transfer $1,985.04
in Interest Income from the Gilroy Museum Endowment Trust to the
Museum Donations Fund
6.3.Approval of a Notice of Acceptance of Completion for the Gourmet Alley
Improvement Project 24-PW-287 and Approval of a Final Contract Amount
of $3,473,203.90
6.4.Second Reading and Adoption of an Ordinance of the City Council of the
City of Gilroy Amending Chapter 16.6-1(p) Cardroom, Table Restrictions
6.5.Claim of Roselyn Bowers (The City Administrator recommends a "yes"
vote under the Consent Calendar shall constitute denial of the claim)
6.6.Claim of Tony Romero Huerta III (The City Administrator recommends a
"yes" vote under the Consent Calendar shall constitute denial of the claim)
6.7.Claim of Miriam Villarial Luna (The City Administrator recommends a "yes"
vote under the Consent Calendar shall constitute denial of the claim)
Mayor Bozzo opened public comment.
With no speakers, Mayor Bozzo closed public comment.
Motion: Approve the Consent Calendar
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
7.BIDS AND PROPOSALS
7.1.Award a contract to William Duff Architects, Inc. for Fire Station
Renovations Architectural Services in the Amount of $243,076
Mayor Bozzo opened public comment.
With no speakers, Mayor Bozzo closed public comment.
Motion: Award the contract to William Duff Architects, Inc.
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RESULT:Pass
MOVER:Carol Marques, 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
8.PUBLIC HEARINGS
8.1.Appeal of the Planning Commission's Determination for Architectural and
Site Review and Variance Application for Removal of an Existing 35-foot
Monopole and Installation of a 65-foot Monopole and Related Equipment
Located at 401 First Street, Application No. AS 24-14 and V 24-01
This item was heard after Agenda Item No. 8.2
Representatives of applicants gave a brief statement to the Council regarding
their appeal and answered questions from Council.
Mayor Bozzo opened the public hearing.
With no speakers, Mayor Bozzo closed the public hearing.
Motion: Continue the item to the May 19th, 2025 meeting subject to the
applicant informing the City no later than five days before that meeting if
they need additional time, at which point it would be an open continuance
until such time as it can be rescheduled.
RESULT:Pass
MOVER:Terence Fugazzi, Council Member
SECONDER:Kelly Ramirez, Council Member
AYES:Council Member Fugazzi, Council Member Hilton, Council
Member Marques, Council Member Ramirez, Mayor Bozzo
NAYS:Council Member Bracco, Council Member Cline
8.2.Hold the Fifth 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
This item was heard after Agenda Item No. 11.
Mayor Bozzo opened the public hearing
Bill O'Connor – Stated his support of Map D to keep the east side together and
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that if there is no Council Member in the east side, then those districts should be
scheduled for 2026.
With no additional speakers, Mayor Bozzo closed the public hearing.
Motion: Advance Draft Map D and F to the May 19, 2025 Public Hearing for
consideration of which map will be selected.
RESULT:Pass
MOVER:Kelly Ramirez, 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
9.UNFINISHED BUSINESS
9.1.Food Truck Ordinance Update
Mayor Bozzo opened public comment.
With no speakers, Mayor Bozzo closed public comment.
Motion: Direct the City Administrator to enforce the codes and regulations
associated with food trucks that are currently in the City’s ordinances.
RESULT:Pass
MOVER:Carol Marques, 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, Mayor Bozzo
10.INTRODUCTION OF NEW BUSINESS
10.1.Receive Draft Community Development Block Grant (CDBG) 2025-2030
Consolidated Plan and Program Year (PY) 2025-2026 Annual Action Plan
and Provide Direction on PY 2025-2026 Funding Allocations
Mayor Bozzo opened public comment.
Oliveria Poblano - commented in support of the Consolidated Plan adoption, and
the economic benefits the funding provides, including affordable housing. She
encouraged Council to adopt the plans.
Larissa Cortez - spoke in support of the plans, that it helps prevent some from
becoming homeless, and that it is important to have a place to stay where rent is
more affordable
Yesenia Ochoa - commented about her personal, family experience that resulted
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in challenges to cover rent, and that many families are struggling to afford
housing and essential expenses. She urged the City to allocate the funds
strategically in support of affordable housing.
With no further speakers, Mayor Bozzo closed public comment.
Motion: Direct staff to allocate CDBG funding as follows: for the public
service allocations to be equally distributed at $10,000 each, as
recommended, and for the nonpublic service allocation, the full amount of
$155,639 is to be applied to the Public Works program on the east side,
specifically east of Monterey and south of Leavesley.
RESULT:Pass
MOVER:Terence Fugazzi, 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
NAYS:Mayor Bozzo
11.FUTURE COUNCIL INITIATED AGENDA ITEMS
This item was heard after Agenda Item No. 13.
None.
12.CITY ADMINISTRATOR'S REPORTS
12.1.Santa Teresa Fire Station/Fire Service Update
12.2.Sharks Ice Update
This item was heard after Agenda Item No. 7.1.
City Administrator Forbis provided a report on both the Santa Teresa Fire Station and Fire
Services, as well as an update on the Sharks Ice Project.
13.CITY ATTORNEY'S REPORTS
This item was heard after Agenda Item No. 12.
City Attorney Faber provided a report about providing copies of the California Environmental
Quality Act updated book, and handed them out to the Council.
14.CLOSED SESSION
14.1.CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC
Sec. 54956.8 and GCC Sec. 17A.8
Property: 7257 Monterey Street (APN 799-09-059)
Negotiators: Jimmy Forbis, City Administrator; Sharon Goei, Community
Development Director
Other Party to Negotiations: RIG I LLC
Page 18 of 255
May 5, 2025 | 6:00 PM Page 7 of 7 City Council
Regular Meeting Minutes
Under Negotiation: Price and terms of payment
14.2.PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT: Pursuant to
Government Code Section 54957 and Gilroy City Code Section 17A.11(2)
Name/Title: Police Chief
This item followed Agenda Item No. 10.1
Mayor Bozzo opened public comment.
With no speakers, Mayor Bozzo closed public comment.
Motion: Vote 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
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 adjourned to open session at 10:40 PM with no reportable action.
16.ADJOURNMENT
With no more business before the Council, the meeting was adjourned at 10:40 PM.
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular
meeting of the City Council of the City of Gilroy on May 19, 2025.
/s/Bryce Atkins
Acting City Clerk
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DRAFT
May 12, 2025 | 6:00 PM Page 1 of 1 City Council
Budget Workshop Meeting Minutes
City of Gilroy
City Council Budget Workshop Meeting Minutes
Monday, May 12, 2025 | 6:00 PM
1. OPENING
1. Call to Order
The meeting was called to order at 6:00 PM.
2. Roll Call
Attendance Attendee Name
Present Dion Bracco, Council Member
Tom Cline, Council Member
Zach Hilton, Council Member
Carol Marques, Council Member
Kelly Ramirez, Council Member
Greg Bozzo, Mayor
Absent Terence Fugazzi, Council Member
2. BUDGET WORKSHOP
1. Fiscal Year 2026 and 2027 Recommended Budget Presentation
Council received a presentation from staff regarding the recommended budget.
Mayor Bozzo opened public comment.
Luis Ramirez – shared with Council his gratitude for the inclusion of budget amounts
for parks in the proposed budget, discussed the importance of investments in parks
and recreation and its community benefits, and asked Council to consider investing
a small percentage of any surplus to fund recreation.
Emily Miller – commented about her role on the Parks and Recreation Commission
and stated her support for the full package of investments in parks and recreation
projects in the proposed budget.
With no additional speakers, Mayor Bozzo closed public comment.
3. ADJOURNMENT
With no more business before the Council, the meeting was adjourned at 9:22 PM.
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular
meeting of the City Council of the City of Gilroy on Monday, May 19, 2025.
Bryce Atkins
Acting City Clerk
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City of Gilroy
STAFF REPORT
Agenda Item Title: Purchase of Irrigation Controllers for a Total of $124,763
Utilizing Sourcewell's Cooperative Purchasing Contract
112624-TTC
Meeting Date: May 19, 2025
From: Jimmy Forbis, City Administrator
Department: Public Works
Submitted by: Matt Jones, Deputy Public Works Director
Prepared by: Matt Jones, Deputy Public Works Director
STRATEGIC PLAN GOALS: Maintain and Improve City Infrastructure
RECOMMENDATION
Staff recommends that the City Council authorize the purchase of 11 Rain Master DXI
irrigation controllers to replace aging and unsupported Rain Master DX2 controllers at
17 Parks and Landscape locations. The purchase, totaling $124,763, will be made
through Sourcewell’s Cooperative Purchasing Contract 112624-TTC.
EXECUTIVE SUMMARY
The existing Rain Master DX2 irrigation controllers, totaling 56 units, have been in
service across various Parks and Landscape sites for over 28 years. The manufacturer
has discontinued production of this model and its components, with full support
anticipated to end within the next 3–5 years. Staff proposes the purchase of 11 modern
Rain Master DXI controllers. These units will replace 17 existing controllers through
system consolidation in high-priority parks such as Gilroy Sports Park and Las Animas
Park.
The DXI controllers provide cloud-based monitoring, cellular connectivity, and greater
scalability. Utilizing Sourcewell's competitively bid purchasing contract allows the City to
secure favorable pricing without initiating a separate RFP.
Page 21 of 255
BACKGROUND
The Parks and Landscape Section of the Public Works Department is responsible for
the maintenance of irrigation systems throughout City parks and streetscapes. The
current Rain Master DX2 irrigation controllers were installed over two decades ago and
have exceeded their expected service life. The manufacturer has ceased production of
these units, and most parts are no longer available. In addition, repairing faulty
controllers requires refurbished or used components.
ANALYSIS
Current Challenges:
• Aging Infrastructure: The existing DX2 controllers are obsolete and no longer
supported by the manufacturer.
• Delayed Repairs: Failed components must be refurbished off-site, or the use of
used parts, leading to service disruptions and staff inefficiency.
• Limited Functionality: The DX2 lacks features such as cloud connectivity, remote
access, and weather integration, all of which are standard in modern systems.
• Labor Impact: Staff spend approximately 8% of their time troubleshooting and
repairing outdated controllers, detracting from core maintenance responsibilities.
Proposed Solution – Rain Master DXI Controllers:
• Modern Connectivity: The DXI offers real-time cloud monitoring and cellular
communications, enabling staff to remotely troubleshoot and adjust systems via
mobile app.
• Consolidation Efficiency: Each DXI unit can manage up to 96 stations, allowing
the City to consolidate multiple legacy units into single controllers at large parks.
• Reliability & Water Savings: Enhanced features support better scheduling,
automated weather-based irrigation, and flow monitoring, reducing water waste
and protecting infrastructure.
• Scalable Implementation: Staff proposes a total replacement of 56 total
controllers. The initial purchase of 11 DXI controllers will replace 17 DX2 units
using consolidation strategies.
ALTERNATIVES
Council may reject the purchase through the Sourcewell contract. This is not
recommended as there would be additional staff time for conducting a formal
procurement process, and potential further delays in instituting the repairs of the
outdated controllers.
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FISCAL IMPACT/FUNDING SOURCE
The proposed investment of $124,763 will fund the purchase of 11-Rain Master DXI
controllers, replacing 17-DX2 units at key park locations, utilizing the Sourcewell
cooperative purchasing contract 112624-TTC. SiteOne Landscape Supply is the local
distributor of Toro Products, which owns Rain Master Irrigation Controllers, and secured
the publicly awarded contract through Sourcewell. The price includes installation,
training, and 10 years of Cloud-Based Service. After 10 years of Cloud-Based Service,
the City will incur $150.00 per controller per year, for a total of $1,650 per year. At this
time, staff will budget for these costs.
Funding for the purchase is budgeted in the fiscal year 2024-25 Public Works, Parks
and Landscape operating budget in the General Fund (100).
Additionally, reducing the maintenance burden on existing controllers will return
valuable staff time to core operational work. Cloud-based functionality and improved
system reliability are expected to reduce long-term operating costs while supporting the
City’s water conservation goals.
PUBLIC OUTREACH
This item was included on the publicly posted agenda for this meeting.
NEXT STEPS
• Upon Council approval, staff will initiate procurement of 11 Rain Master DXI
controllers through Sourcewell Cooperative Purchasing Contract 112624-TTC.
• Installation will begin at 17 high-priority locations where radio communication is
limited or frequent mechanical issues occur.
• The remaining 39 DX2 controllers will be prioritized, budgeted, and scheduled for
replacement, based on performance, consolidation opportunities, and budget
availability.
Attachments:
1. SiteOne staff report backup
Page 23 of 255
Quotation
Gilroy CA #153
7110 Alexander St
Gilroy, CA 95020-6609
W: (408)847-8793
Bill To:
City Of Gilroy-Pks & Rec (#202001)
7351 Rosanna St
Gilroy, CA 95020-6141
W: (408)846-0234
Ship To:
City Of Gilroy-Pks & Rec (#202001)
7351 Rosanna St
Gilroy, CA 95020-6141
W: (408)846-0234
Created Quote#Due Date Expected Award Date Expiration Date
04/29/2025 7674080 06/01/2025 06/01/2025 06/01/2025
Printed Job Name Job Description Job Start Date
04/29/2025 17:13:00 FIRST GROUP DXi Upgrades 2025 Sourcewell Pricing with Labor 06/01/2025
Line
#Item #Item Desc Qty UOM Unit
Price
Extended
Price
1 NOTE
Note:
Item Note:
This quote copies 7483319 with Pricing going into effect as of 5.1.2025
EA 0.000
2 NOTE
Note:
Item Note:
This quote meets or exceeds Sourcewell Contract Pricing for Toro: Contract 112624-TTC as of 5.1.2025
EA 0.000
3 C “Tariffs” Prices may change due to the potential tariffs.
4 Gilroy Sports
Park A, B
0.000
5 SA01-RM6-48 GT RM DXi-48 Sat PWM Assembly 1 EA 5,412.640 5,412.64
6 SA01X-RM6-40 GT RM DXi Extension-40 PWM Sat Assembly 1 EA 2,949.950 2,949.95
7 DXICA GT DX3 / DXi Cell Modem & Antenna Assembly 1 EA 2,665.000 2,665.00
8 ST Subtotal Line 1 0.000 11,027.59
9 Gilroy Sports
Park C, D
0.000
10 SA01-RM6-48 GT RM DXi-48 Sat PWM Assembly 1 EA 5,412.677 5,412.68
11 SA01X-RM6-48 GT RM DXi Extension-48 PWM Sat Assembly 1 EA 3,442.950 3,442.95
12 DXICA GT DX3 / DXi Cell Modem & Antenna Assembly 1 EA 2,665.000 2,665.00
13 ST Subtotal Line 2 0.000 11,520.63
14 LAVP A, B 0.000
15 SA01-RM6-40 GT RM DXi-40 Sat PWM Assy 1 EA 4,919.610 4,919.61
16 SA01X-RM6-40 GT RM DXi Extension-40 PWM Sat Assembly 1 EA 2,949.950 2,949.95
17 DXICA GT DX3 / DXi Cell Modem & Antenna Assembly 1 EA 2,665.000 2,665.00
18 ST Subtotal Line 3 0.000 10,534.56
19 LAVP C, D 0.000
20 SA01-RM6-40 GT RM DXi-40 Sat PWM Assy 1 EA 4,919.612 4,919.61
21 SA01X-RM6-24 GT RM DXi Extension-24 PWM Sat Assembly 1 EA 1,963.870 1,963.87
22 DXICA GT DX3 / DXi Cell Modem & Antenna Assembly 1 EA 2,665.000 2,665.00
23 ST Subtotal Line 4 0.000 9,548.48
24 CHP
Amphitheatre
0.000
25 SA01-RM6-24 GT RM DXi-24 PWM Sat Assembly 1 EA 3,933.550 3,933.55
26 DXICA GT DX3 / DXi Cell Modem & Antenna Assembly 1 EA 2,665.000 2,665.00
27 ST Subtotal Line 5 0.000 6,598.55
28 CHP Barn 0.000
29 SA01-RM6-40 GT RM DXi-40 Sat PWM Assy 1 EA 4,919.612 4,919.61
30 DXICA GT DX3 / DXi Cell Modem & Antenna Assembly 1 EA 2,665.000 2,665.00
31 ST Subtotal Line 6 0.000 7,584.61
32 CHP Ranch 0.000
33 SA01-RM6-48 GT RM DXi-48 Sat PWM Assembly 1 EA 5,412.677 5,412.68
34 DXICA GT DX3 / DXi Cell Modem & Antenna Assembly 1 EA 2,665.000 2,665.00
35 ST Subtotal Line 7 0.000 8,077.68
36 N Santa Teresa
A, B
0.000
37 SA01-RM6-48 GT RM DXi-48 Sat PWM Assembly 1 EA 5,412.677 5,412.68
38 SA01X-RM6-40 GT RM DXi Extension-40 PWM Sat Assembly 1 EA 2,949.950 2,949.95
39 DXICA GT DX3 / DXi Cell Modem & Antenna Assembly 1 EA 2,665.000 2,665.00
40 ST Subtotal Line 8 0.000 11,027.63
Page 24 of 255
41 N Santa Teresa
C
0.000
42 SA01-RM6-48 GT RM DXi-48 Sat PW M Assembly 1 EA 5,412.677 5,412.68
43 DXICA GT DX3 / DXi Cell Modem & Antenna Assembly 1 EA 2,665.000 2,665.00
44 ST Subtotal Line 9 0.000 8,077.68
45 Luchessa
Sndwll
Rndbout, Thomas 0.000
46 SA01-RM6-24 GT RM DXi-24 PW M Sat Assembly 1 EA 3,933.550 3,933.55
47 DXICA GT DX3 / DXi Cell Modem & Antenna Assembly 1 EA 2,665.000 2,665.00
48 ST Subtotal Line 10 0.000 6,598.55
49 San Ysidro 0.000
50 SA01-RM6-24 GT RM DXi-24 PW M Sat Assembly 1 EA 3,933.550 3,933.55
51 DXICA GT DX3 / DXi Cell Modem & Antenna Assembly 1 EA 2,665.000 2,665.00
52 ST Subtotal Line 11 0.000 6,598.55
53 0.000 0.00
54 NOTE
Note:
Item Note:
This quote meets Department of Industrial Relations Requirements for projects for construction, alteration,
installation, demolition or repair. SiteOne Green Tech is registered with the DIR and will provide certified payroll
records to the Labor Commissioner using the DIR's Public W orks W ebsite Services.
EA 0.000
55 GTINSTALL-AM
GT Install - Alfonso Mendez
Item Note:
New W all Mount Install or Retrofit for up to 24 stations includes new controller assembly, new labels on station
wires, ohms check of existing field wires, wiring stations to output terminals, controller grounding test. Standard
installation does not include programming or activation
7 EA 1,000.000 7,000.00
56 GTINSTALL-AM
GT Install - Alfonso Mendez
Item Note:
New W all Mount Install or retrofits for up to 48 stations includes new controller assembly, new labels on station
wires, ohms check of existing field wires, wiring stations to output terminals, controller grounding test. Standard
installation does not include programming or activation
9 EA 1,250.000 11,250.00
57 GTMISCPARTS GT Miscellaneous Parts 16 EA 25.750 412.00
Total Price: $ 115,856.51
Total Tax: $ 8,906.59
Total: $ 124,763.10
SiteOne Landscape Supply is not responsible for the accuracy of the items contained in this quotation. Please review carefully. Please add appropriate sales tax. Prices on this quote are good for 30 days after the entered bid date.
Local tax may differ based on locations and local codes.
Page 25 of 255
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Pricing for the Sourcewell contract offers participating agencies the following discounts**:
•Toro Commercial Equipment: 22% off US MSRP
•Toro Specialty Vehicles: 7% off US MSRP
•Toro Bullseye Equipment: 5% off US MSRP
•Toro Autonomous Solutions: 0% off US MSRP
•Toro Landscape Contractor Equipment (LCE) (A): 27% off US MSRP
•LCE Allied Products (B): 0% off US MSRP
•Toro Landscape Contractor SNOW Equipment (LCE SNOW): 20% off US MSRP
•Toro Siteworks System (SWS) Equipment: 17% off US MSRP
•BOSS Snow Removal Equipment: 25% off US MSRP
•BOSS Snow Removal Equipment (Snowrator Units Only): $400 off US MSRP
•Ventrac 4520 Series Products: 8% off US MSRP
•Ventrac 2120 Products: 3% off US MSRP
•Toro Golf Irrigation: 40% off US MSRP
•Toro Residential Commercial Equipment (RES COM): 40% off US MSRP
•Irritrol Irrigation Products: 0% - 40% off US MSRP
•Rain Master Irrigation Products: 0% - 40% off US MSRP
•Sentinel Irrigation Products: 35% off US MSRP
•Large Rotors: 15% off US MSRP
•Third party attachments and used equipment: distributors/dealers will set the price but will not
exceed list price.
**Pricing is subject to changed based on market conditions, availability, and other factors.
A tariff surcharge may be added to orders at the discretion of the distributor -- not to exceed 10% of the total cost of
the order.
Setup Fees:
Toro’s authorized distributors/dealers may include setup fees – not to exceed 5% of the total product cost, plus up to
an additional 5% for cab-unit setups. Setup fees must be identified as a separate line-item on the quotation.
Delivery:
In addition, authorized distributors/dealers may include delivery fees – not to exceed 5% of the total product cost,
which must be identified as a separate line-item on the quotation.
Installation:
Toro’s authorized distributors may include installation fees for autonomous solutions – not to exceed 10% of the
total product cost, which must be identified as a separate line-item on the quotation.
Docusign Envelope ID: 3C371F18-7A71-4C85-A67B-20FA3D6043AA
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Sourcewell Contract # 112624-TTC | Amendment #1
Page 1 of 2
AMENDMENT #1
TO
CONTRACT # 112624-TTC
THIS AMENDMENT is effective upon the date of the last signature below by and between
Sourcewell and The Toro Company (Supplier).
Sourcewell awarded a contract to Supplier to provide Grounds Maintenance Equipment and
Related Attachments to Sourcewell and its Participating Entities, effective January 30, 2025,
through January 31, 2029 (Contract).
The parties wish to amend the Proposal to ensure compliance with Sourcewell’s Procurement
Policy and standard government procurement practices.
NOW, THEREFORE, the parties amend the Contract as follows:
1. Line item 64 of “Table 6: Pricing (400 Points)” of the Proposal is deleted in its entirety
and replaced with the following:
Toro offered discounts will range from 0%-40% off current MSRP.
2. Line item 67 of “Table 6: Pricing (400 Points)” of the Proposal is delete in its entirety and
replaced with the following:
SETUP
When an order involves setup charges, it will be –
a) Determined by the delivering distributor/dealer
b) Clearly labeled as such unless otherwise requested by the customer.
- In the event a quote is a lump-sum total, or other method that does not show
line-item details, line-item details will be used to determine the contract price
and will be available upon request.
c) Calculated using one of the following methods -
1) Manufacturers Setup Time x Distributor/Dealer posted labor rate, or
2) 5% of the total product cost, with an additional 5% for cabbed units
Different methods are required due to the wide array of products being offered. Setup
charges are consistent with market standards.
Page 64 of 255
Sourcewell Contract # 112624-TTC | Amendment #1
Page 2 of 2
TRAINING
Standard training on equipment is included at time of delivery. If a customer requests
additional training, either beyond standard operators training or at a time other than
delivery, associated costs will be determined with the local dealer.
INSTALLATION
Many of our products can be installed on customer owned vehicles. While this service is
available, due to the variety of factors involved in those type of sales, installation costs
for contracted products on customer supplied vehicles will be determined with the local
dealer and will be discussed up front and included on any quote.
Installation/setup for autonomous solutions can be added at the discretion of the
distributor, not to exceed 10% of the total product cost.
Except as amended by this Amendment, the Contract remains in full force and effect.
Sourcewell The Toro Company
By: By:
Jeremy Schwartz, Chief Operating Officer Brooke Carey, Federal Contracts Manager
Date: Date:
Page 65 of 255
Rev. 6/2024 Sourcewell RFP #112624
Grounds Maintenance Equipment and Related Attachments
Page 1
RFP #112624
REQUEST FOR PROPOSALS
for
Grounds Maintenance Equipment and Related Attachments
Proposal Due Date: November 26, 2024, 4:30 p.m., Central Time
Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting
proposals for Grounds Maintenance Equipment and Related Attachments to result in a
procurement solution for use by its Participating Entities. Sourcewell Participating Entities
include thousands of governmental, higher education, K‐12 education, nonprofit, tribal
government, and other public agencies located in the United States and Canada. A full copy of
the Request for Proposals can be found on the Sourcewell Procurement Portal
[https://proportal.sourcewell‐mn.gov]. Only proposals submitted through the Sourcewell
Procurement Portal will be considered. Proposals are due no later than November 26, 2024, at
4:30 p.m. Central Time, and late proposals will not be considered.
SOLICITATION SCHEDULE
Public Notice of RFP Published: October 8, 2024
Pre‐proposal Conference: November 5, 2024, 10:00 a.m., Central Time
Question Submission Deadline: November 18, 2024, 4:30 p.m., Central Time
Proposal Due Date: November 26, 2024, 4:30 p.m., Central Time
Late responses will not be considered.
Opening: November 26, 2024, 4:30 p.m., Central Time
See RFP Section V.G. “Opening”
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Rev. 6/2024 Sourcewell RFP #112624
Grounds Maintenance Equipment and Related Attachments
Page 2
I. ABOUT SOURCEWELL
A. SOURCEWELL
Sourcewell is a State of Minnesota local government unit and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates
a competitive public solicitation and master agreement award process for the benefit of its
50,000+ participating entities across the United States and Canada. Sourcewell’s solicitation
process complies with State of Minnesota law and policies, conforms to Canadian trade
agreements (including Canadian Free Trade Agreement, Ontario‐Quebec Trade and
Cooperation Agreement, and Canada‐European Union Comprehensive Economic and Trade
Agreement, as applicable), and results in cooperative purchasing solutions from which
Sourcewell’s Participating Entities procure equipment, products, and services.
Cooperative purchasing provides participating entities and suppliers increased administrative
efficiencies and the power of combined purchasing volume that result in overall cost savings. At
times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing
volume of their membership into a single solicitation and master agreement expanding the
reach of awarded suppliers’ potential pool of end users.
Sourcewell uses a website‐based platform, the Sourcewell Procurement Portal, through which
all proposals to this RFP must be submitted.
B. USE OF RESULTING MASTER AGREEMENTS
In the United States, Sourcewell’s master agreements are available for use by:
Federal and state government entities1;
Cities, towns, and counties/parishes;
Education service cooperatives;
K‐12 and higher education entities;
Tribal government entities;
Some nonprofit entities; and
Other public entities.
In Canada, Sourcewell’s master agreements are available for use by current and future members
including:
Federal, provincial, and territorial government departments, ministries, agencies,
boards, councils, committees, commissions, and similar agencies;
Indigenous self‐governing bodies;
1 Pursuant to HAR §3‐128‐2, the State of Hawaii, Department of Accounting and General Services, State Procurement Office, on behalf of the
State of Hawaii and participating jurisdictions, has provided notice of its Intent to Participate in the solicitation as a participating entity.
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Rev. 6/2024 Sourcewell RFP #112624
Grounds Maintenance Equipment and Related Attachments
Page 3
Regional, local, district, and other forms of municipal government, municipal
organizations, school boards, and publicly funded academic, health, and social service
entities referred to as MASH sector (this should be construed to include but not be
limited to the cities of Calgary, Edmonton, Toronto, Ottawa, and Winnipeg), as well as
any corporation or entity owned or controlled by one or more of the preceding entities;
Crown corporations, government enterprises, and other entities that are owned or
controlled by these entities through ownership interest; and
Canoe procurement group of Canada’s current and future members. Canoe members
include:
o Federal, provincial and territorial government departments, ministries, agencies,
boards, councils, committees, commissions, and similar agencies;
o Crown corporations, government enterprises, and other entities that are owned
or controlled by these entities through ownership interest;
o Indigenous self‐governing bodies;
o Airport authorities;
o Regional, local, district, and other forms of municipal government, municipal
organizations, school boards, and publicly funded academic, health, and social
service entities referred to as MASH sector (this should be construed to include
but not be limited to the cities of Calgary, Edmonton, Toronto, Ottawa, and
Winnipeg), as well as any corporation or entity owned or controlled by one or
more of the preceding entities; and
o Canoe procurement group of Canada’s current and future partner associations,
including Saskatchewan Association of Rural Municipalities, Association of
Manitoba Municipalities, Local Authorities Services/Association of Municipalities
Ontario, Nova Scotia Federation of Municipalities, Federation of Prince Edward
Island Municipalities, Municipalities Newfoundland Labrador, Union of New
Brunswick Municipalities, Northwest Territories Association of Communities,
Association of Yukon Communities, CivicInfo BC, Association and their current
and future members.
For a listing of current United States and Canadian Participating Entities visit Sourcewell’s
website (note: there is a tab for each country): https://www.sourcewell‐mn.gov/sourcewell‐for‐
vendors/agency‐locator.
Participating Entities typically access master agreements for equipment, products, or services
through a purchase order issued directly to the awarded supplier. A Participating Entity may
request additional terms or conditions related to a purchase. Use of Sourcewell master
agreements is voluntary and Participating Entities retain the right to obtain similar equipment,
products, or services from other sources.
To meet Participating Entities’ needs, Sourcewell broadly publishes public notice of all
solicitation opportunities, including this RFP. In addition, where applicable, other purchasing
cooperatives and procurement officials receive notice and are encouraged to re‐post the
solicitation opportunity.
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Grounds Maintenance Equipment and Related Attachments
Page 4
Proof of publication will be available at the conclusion of the solicitation process.
II. SOLICITATION DETAILS
A. SOLUTIONS‐BASED SOLICITATION
This RFP and master agreement award process is a solutions‐based solicitation; meaning that
Sourcewell is seeking equipment, products, or services that meet the general requirements of
the scope of this RFP and are commonly desired or are required by law or industry standards.
B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES
It is expected that proposers will offer a wide array of equipment, products, or services at lower
prices and with better value than what they would ordinarily offer to a single government
entity, school district, or regional cooperative.
1. Sourcewell is seeking proposals for Grounds Maintenance Equipment and Related
Attachments, such as:
a. Lawn and garden equipment for all types of lawn, field and turf care, golf course,
landscape, sidewalk, walking path, and parking lot maintenance, and snow removal;
b. Irrigation and aeration equipment, systems, parts, and installation; and
c. Beach and waterfront maintenance equipment and accessories.
Proposers may include related tools, attachments, parts, accessories, and services related to the
solutions described in subsection 1.a.‐c. above, including but not limited to: repair, maintenance,
installation, and warranty programs to the extent that these solutions are complementary to the
equipment and services being proposed.
2. This solicitation should NOT be construed to include equipment principally intended or
designed for highway maintenance or construction, road right‐of‐way, tree maintenance,
or sewer maintenance.
3. The primary focus of this solicitation is on Grounds Maintenance Equipment and Related
Attachments. However, this solicitation should NOT be construed to include
“attachment only,” “service only,” or “installation only” solutions.
This solicitation does not include equipment, products, or services covered under categories
included in master agreements currently maintained by Sourcewell:
a. Roadway Maintenance Equipment with Related Accessories, Attachments, Materials,
and Supplies (RFP #080521)
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Grounds Maintenance Equipment and Related Attachments
Page 5
b. Snow and Ice Handling Equipment, Supplies, and Accessories (RFP #062222)
c. Portable Construction Equipment with Related Accessories and Attachments (RFP
#110421)
d. Ag Tractors with Related Attachments, Accessories, and Supplies (RFP #082923)
e. Road Right‐of‐Way Maintenance Equipment (RFP #070821)
Generally, the solutions for Participating Entities are turn‐key solutions, providing a
combination of equipment, products and services, delivery, and installation to a properly
operating status. However, equipment‐only or products‐only solutions may be appropriate for
situations where Participating Entities possess the ability, either in‐house or through local third‐
party contractors, to properly install and bring to operation the equipment or products being
proposed.
Sourcewell prefers suppliers that provide a sole source of responsibility for the equipment,
products, and services provided under a resulting master agreement. If proposer is including
the equipment, products, and services of its subsidiary entities, the proposer must also identify
all included subsidiaries in its proposal. If proposer requires the use of distributors, dealers,
resellers, or subcontractors to provide the equipment, products, or services, the proposal must
address how the equipment, products or services will be provided to Participating Entities, and
describe the network of distributors, dealers, resellers, and/or subcontractors that will be
available to serve Participating Entities under a resulting master agreement.
Sourcewell encourages suppliers to offer the broadest possible selection of equipment,
products, and services being proposed over the largest possible geographic area and to the
largest possible cross‐section of Sourcewell current and future Participating Entities.
C. REQUIREMENTS
It is expected that proposers have knowledge of all applicable industry standards, laws, and
regulations and possess an ability to market and distribute the equipment, products, or services
to Participating Entities.
1. Safety Requirements. All items proposed must comply with current applicable safety or
regulatory standards or codes.
2. Deviation from Industry Standard. Deviations from industry standards must be
identified with an explanation of how the equipment, products, and services will provide
equivalent function, coverage, performance, and/or related services.
3. New Equipment and Products. Proposed equipment and products must be for a new,
current model; however, proposer may offer certain close‐out equipment or products if
it is specifically noted in the Pricing proposal.
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4. Delivered and operational. Unless clearly noted in the proposal, equipment and
products must be delivered to the Participating Entity as operational.
5. Warranty. All equipment, products, supplies, and services must be covered by a
warranty that is the industry standard or better.
D. PROSPECTIVE MASTER AGREEMENT TERM
The term of any resulting master agreement(s) awarded by Sourcewell under this solicitation
will be four years. Sourcewell and supplier may agree to up to three additional one‐year
extensions based on the best interests of Sourcewell and its Participating Entities. Sourcewell
retains the right to consider additional extensions beyond seven years as required under
exceptional circumstances.
E. ESTIMATED MASTER AGREEMENT VALUE AND USAGE
Based on past volume of similar master agreements, the estimated annual value of all
transactions from master agreements resulting from this RFP are anticipated to be USD 160
Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates
considerable activity under the master agreement(s) awarded from this RFP; however, sales
and sales volume from any resulting master agreement are not guaranteed.
F. MARKETING PLAN
Proposer’s sales force will be the primary source of communication with Participating Entities.
The proposer’s Marketing Plan should demonstrate proposer’s ability to deploy a sales force or
dealer network to Participating Entities, as well as proposer’s sales and service capabilities. It is
expected that proposer will promote and market any master agreement award.
G. ADDITIONAL CONSIDERATIONS
1. Master Agreements will be awarded to proposers able to best meet the need of
Participating Entities. Proposers should submit their complete line of equipment,
products, or services that are applicable to the scope of this RFP.
2. A proposer may submit only one proposal. If related, affiliated, or subsidiary entities
elect to submit separate proposals, rather than a single parent‐entity proposal, each
such proposal must be prepared independently and without cooperation, collaboration,
or collusion.
3. If a proposer works with a consultant on its proposal, the consultant (an individual or
company) may not assist any other entity with a proposal for this solicitation.
4. Proposers should include all relevant information in its proposal, since Sourcewell
cannot consider information that is not included in the proposal. Sourcewell reserves
the right to verify proposer’s information and may request clarification from a proposer,
including samples of the proposed equipment or products.
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5. Depending upon the responses received in a given category, Sourcewell may need to
organize responses into subcategories in order to provide the broadest coverage of the
requested equipment, products, or services to Participating Entities. Awards may be
based on a subcategory.
6. A proposer’s documented negative past performance with Sourcewell or its
Participating Entities occurring under a previously awarded Sourcewell master
agreement may be considered in the evaluation of a proposal.
III. PRICING
A. REQUIREMENTS
All proposed pricing must be:
1. Either Line‐Item Pricing or Percentage Discount from Catalog Pricing, or a combination of
these:
a. Line‐item Pricing is pricing based on each individual product or service. Each line must
indicate the proposer’s published “List Price,” as well as the “Master Agreement
Price.”
b. Percentage Discount from Catalog or Category is based on a percentage discount from
a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price
(MSRP) for the products or services. Individualized percentage discounts can be
applied to any number of defined product groupings. Proposers will be responsible
for providing and maintaining current published MSRP with Sourcewell, and this
pricing must be included in its proposal and provided throughout the term of any
master agreement resulting from this RFP.
2. The proposer’s not to exceed price. A not to exceed price is the highest price for which
equipment, products, or services may be billed to a Participating Entity. However, it is
permissible for suppliers to sell at a price that is lower than the agreed upon price.
3. Stated in U.S. and Canadian dollars (as applicable).
4. Clearly understandable, complete, and fully describe the total cost of acquisition (e.g., the
cost of the proposed equipment, products, and services delivered and operational for its
intended purpose in the Participating Entity’s location).
Proposers should clearly identify any costs that are NOT included in the proposed product or
service pricing. This may include items such as installation, set up, mandatory training, or initial
inspection. Include identification of any parties that impose such costs and their relationship to
the proposer. Additionally, proposers should clearly describe any unique distribution and/or
delivery methods or options offered in the proposal.
B. ADMINISTRATIVE FEES
Proposers awarded a master agreement are expected to pay to Sourcewell an administrative fee
in exchange for Sourcewell facilitating the resulting master agreements. The administrative fee
is normally calculated as a percentage of the total sales to Participating Entities for all equipment,
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products, or services made during a calendar quarter, and is typically one percent (1%) to two
percent (2%). In some categories, a flat fee may be an acceptable alternative.
IV. MASTER AGREEMENT
Proposers awarded a master agreement will be required to execute a master agreement with
Sourcewell (see attached template). Only those modifications the proposer indicates in its
proposal will be available for discussion. Much of the language in the Master Agreement
reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous
exceptions that contradict Minnesota law may result in the proposal being disqualified from
further review and evaluation.
To identify any exception, or to request any modification, to Sourcewell’s standard master
agreement terms, conditions, or specifications, a proposer must submit the proposed
exception(s) or requested modification(s) via redline in the Master Agreement Template
provided in the “Documents” section of the “Bid Details” page on the Sourcewell Procurement
Portal and uploaded as part of its response. Only those exceptions noted at the time of the
proposal submission will be considered.
Exceptions must:
1. Clearly identify the affected article and section.
2. Clearly note the requested modification; and as applicable, provide requested
alternative language.
Unclear requests will be automatically denied.
Only those exceptions that have been accepted by Sourcewell will be included in the Master
Agreement document provided to the awarded supplier for signature.
If a proposer receives a master agreement award resulting from this solicitation it will have up
to 30 days to sign and return the master agreement. After that time, at Sourcewell’s sole
discretion, the master agreement award may be revoked.
V. RFP PROCESS
A. PRE‐PROPOSAL CONFERENCE
Sourcewell will hold an optional, non‐mandatory pre‐proposal conference via webcast on the
date and time noted in the Solicitation Schedule for this RFP and on the Sourcewell
Procurement Portal. The purpose of this conference is to allow potential proposers to ask
questions regarding this RFP and Sourcewell’s competitive procurement process. Information
about the webcast will be sent to all entities that have registered for this solicitation
opportunity through their Sourcewell Procurement Portal Vendor Account. Pre‐proposal
conference attendance is optional.
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B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION
All questions regarding this RFP must be submitted through the Sourcewell Procurement Portal.
The deadline for submission of questions is found in the Solicitation Schedule and on the
Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to
this RFP. Repetitive questions will be summarized into a single answer and identifying
information will be removed from the submitted questions.
All questions, whether specific to a proposer or generally related to the RFP, must be submitted
using this process. Do not contact individual Sourcewell staff to ask questions or request
information as this may disqualify the proposer from responding to this RFP. Sourcewell will not
respond to questions submitted after the deadline.
C. ADDENDA
Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an
addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to
potential proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability
in connection with the delivery of any addenda.
Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if
any, must be acknowledged by the proposer by checking the box for each addendum. It is the
responsibility of the proposer to check for any addenda that may have been issued up to the
solicitation due date and time.
If an addendum is issued after a proposer submitted its proposal, the Sourcewell Procurement
Portal will WITHDRAW the submission and change the proposer’s proposal status to
INCOMPLETE. The proposer can view this status change in the “MY BIDS” section of the
Sourcewell Procurement Portal Vendor Account. The proposer is solely responsible to check the
“MY BIDS” section of the Sourcewell Procurement Portal Vendor Account periodically after
submitting its proposal (and up to the Proposal Due Date). If the proposer’s proposal status has
changed to INCOMPLETE, the proposer is solely responsible to:
1. make any required adjustments to its proposal;
2. acknowledge the addenda; and
3. ensure the re‐submitted proposal is received through the Sourcewell Procurement Portal
no later than the Proposal Due Date and time shown in the Solicitation Schedule above.
D. PROPOSAL SUBMISSION
Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal
no later than the date and time specified in the Solicitation Schedule. Any other form of
proposal submission, whether electronic, paper, or otherwise, will not be considered by
Sourcewell. Late proposals will not be considered. It is the proposer’s sole responsibility to
ensure that the proposal is received on time.
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It is recommended that proposers allow sufficient time to upload the proposal and to resolve
any issues that may arise. The time and date that a proposal is received by Sourcewell is solely
determined by the Sourcewell Procurement Portal web clock.
In the event of problems with the Sourcewell Procurement Portal, follow the instructions for
technical support posted in the portal. It may take up to 24 hours to respond to certain issues.
Upon successful submission of a proposal, the Sourcewell Procurement Portal will automatically
generate a confirmation email to the proposer. If the proposer does not receive a confirmation
email, contact Sourcewell’s support provider at support@bidsandtenders.ca.
To ensure receipt of the latest information and updates via email regarding this solicitation, or
if the proposer has obtained this solicitation document from a third party, the onus is on the
proposer to create a Sourcewell Procurement Portal Vendor Account and register for this
solicitation opportunity.
Within the Sourcewell Procurement Portal, all proposals must be digitally acknowledged by an
authorized representative of the proposer attesting that the information contained in the
proposal is true and accurate. By submitting a proposal, proposer warrants that the information
provided is true, correct, and reliable for purposes of evaluation for potential master
agreement award. The submission of inaccurate, misleading, or false information is grounds for
disqualification from a master agreement award and may subject the proposer to remedies
available by law.
E. GENERAL PROPOSAL REQUIREMENTS
Proposals must be:
1. In substantial compliance with the requirements of this RFP or it will be considered
nonresponsive and be rejected.
2. Complete. A proposal will be rejected if it is conditional or incomplete.
3. Submitted in English.
4. Valid and irrevocable for 90 days following the Proposal Due Date.
Any and all costs incurred in responding to this RFP will be borne by the proposer.
F. PROPOSAL WITHDRAWAL
Prior to the proposal deadline, a proposer may withdraw its proposal.
G. OPENING
The Opening of proposals will be conducted in the Sourcewell Procurement Portal immediately
following the proposal due date and time. To view the list of proposers resulting from the
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opening, verify that the Sourcewell Procurement Portal opportunities list search is set to “All”
or “Closed.”
Members of the public may attend the Opening at Sourcewell’s office located at 202 12th
Street NE, Staples, MN to hear the results.
VI. EVALUATION AND AWARD
A. EVALUATION
It is the intent of Sourcewell to award one or more master agreements to responsive and
responsible proposers offering the best overall quality, selection of equipment, products, and
services, and price that meet the commonly requested specifications of Sourcewell and its
Participating Entities. The award(s) will be limited to the number of proposers that Sourcewell
determines is necessary to meet the needs of its Participating Entities.
Factors to be considered in determining the number of master agreements to be awarded in
any category may include the following:
1. Total evaluation scores (giving consideration to natural breaks in the scoring of responsive
proposals);
2. The number and geographic location of highest‐scoring proposers that offer:
a. A comprehensive selection of the requested equipment, products, or services;
b. A sales and service network ensuring availability and coverage for Participating
Entities’ use; and
c. Other attributes of the proposer or contents of its proposal that assist Participating
Entities in achieving environmental and social requirements, and goals.
Information submitted as part of a proposal should be as specific as possible when responding
to the RFP. Do not assume Sourcewell has any knowledge about a specific supplier or product.
B. AWARD(S)
Award(s) will be made to the highest‐scoring proposer(s) whose proposal conforms to all
conditions and requirements of the RFP, and consistent with the award criteria defined in this
RFP.
Sourcewell may request written clarification of a proposal at any time during the evaluation
process.
Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator
Scoring Guide (a copy is available in the Sourcewell Procurement Portal):
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Conformance to RFP Requirements Pass/Fail
Financial Viability and Marketplace Success 50
Ability to Sell and Deliver Solutions 150
Marketing Plan 100
Value Added Attributes 100
Depth and Breadth of Offered Solutions 200
Pricing 400
TOTAL POINTS 1000
C. PROTESTS OF AWARDS
Any protest made under this RFP by a proposer must be in writing, addressed to Sourcewell’s
Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O.
Box 219, Staples, MN 56479. All documents that comprise the complete protest package must
be received, and time stamped at the Sourcewell office by 4:30 p.m., Central Time, no later
than 10 calendar days following Sourcewell’s notice of master agreement award(s) or non‐
award. A protest must allege a procedural, technical, or legal defect, with supporting
documentation. A protest that merely requests a re‐evaluation of a proposal’s content will not
be entertained.
A protest must include the following items:
The name, address, and telephone number of the protester;
Identification of the solicitation by RFP number;
A precise statement of the relevant facts;
Identification of the alleged procedural, technical, or legal defect;
Analysis of the basis for the protest;
Any additional supporting documentation;
The original signature of the protester or its representative; and
Protest bond in the amount of $20,000 (except where prohibited by law or treaty).
Protests that do not address these elements will not be reviewed.
D. RIGHTS RESERVED
This RFP does not commit Sourcewell to award any master agreement, and a proposal may be
rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals
that contain false statements or do not support an attribute or condition stated by the
proposer may be rejected.
Sourcewell reserves the right to:
Modify or cancel this RFP at any time;
Reject any and all proposals received;
Reject proposals that do not comply with the provisions of this RFP;
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Select, for master agreements or for discussion, a proposal other than that with the
lowest cost;
Independently verify any information provided in a proposal;
Disqualify any proposer that does not meet the requirements of this RFP, is debarred or
suspended by the United States or Canada, State of Minnesota, Participating Entity’s
state or province; has an officer, or other key personnel, who have been charged with a
serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a
reasonable prospect;
Waive or modify any informalities, irregularities, or inconsistencies in the proposals
received;
Clarify any part of a proposal and discuss any aspect of the proposal with any proposer;
and negotiate with more than one proposer;
Award a master agreement if only one responsive proposal is received if it is in the best
interest of Participating Entities; and
Award a master agreement to one or more proposers if it is in the best interest of
Participating Entities.
E. DISPOSITION OF PROPOSALS
All materials submitted in response to this RFP will become property of Sourcewell and will
become public record in accordance with Minnesota Statutes Section 13.591, after negotiations
are complete. Sourcewell considers that negotiations are complete upon execution of a
resulting master agreement. It is the proposer’s responsibility to clearly identify any data
submitted that it considers to be protected. Proposer must also include a justification for the
classification citing the applicable Minnesota law. Sourcewell may reject proposals that are
marked confidential or nonpublic, either substantially or in their entirety.
Sourcewell will not consider the prices submitted by the proposer to be confidential,
proprietary, or trade secret materials. Financial information, including financial statements,
provided by a proposer is not considered trade secret under the statutory definition.
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10/9/2024
Addendum No. 1
Solicitation Number: RFP 112624
Solicitation Name: Grounds Maintenance Equipment and Related Attachments
Consider the following Question(s) and Answer(s) to be part of the above-titled
solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Does this RFP categories include tractors that can be used for landscaping, mowing,
moving materials and grounds maintenance? If so, is there a HP range that is to is
included?
Answer 1:
Refer to RFP Section II. B. – Requested Equipment, Products, or Services, for guidance on
what we are seeking and what is excluded in this RFP.
Question 2:
Where should this equipment be delivered?
Answer 2:
Sourcewell utilizes a competitive, solutions-based solicitation approach that is not based
on detailed specifications, finite quantities, or pre-determined locations. Refer to RFP
Section I. A. Sourcewell for more information. Sourcewell participating entities include
fifty-thousand public agencies located in the United States and Canada. There is no
estimate of participating entity use by service type or category.
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End of Addendum
Acknowledgement of this Addendum to RFP 112624 posted to the Sourcewell
Procurement Portal on 10/9/2024, is required at the time of proposal submittal.
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10/16/2024
Addendum No. 2
Solicitation Number: RFP 112624
Solicitation Name: Grounds Maintenance Equipment and Related Attachments
Consider the following Question(s) and Answer(s) to be part of the above-titled
solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Is the bidder expected to submit a proposal for a wide variety of equipment of
[sic] can the bidder submit a proposal for one type of equipment?
Answer 1:
Please reference Sourcewell’s Frequently Asked Questions document at
https://cdn.sourcewell.org/public/procurement/procurement-portal-faq.pdf.
Question 2:
Do we have to answer the company information questions for each individual
RFP or will our answers be saved for future RFPs?
Answer 2:
In the response submission process, proposers may save their progress and come back
to it before the response submission deadline. For future proposals, you will not have to
re-register, but the system will not retain or auto-fill company information in future
responses.
End of Addendum
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Acknowledgement of this Addendum to RFP 112624 posted to the Sourcewell
Procurement Portal on 10/16/2024, is required at the time of proposal submittal.
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10/28/2024
Addendum No. 3
Solicitation Number: RFP 112624
Solicitation Name: Grounds Maintenance Equipment and Related Attachments
Consider the following Question(s) and Answer(s) to be part of the above‐titled
solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Could Sourcewell please clarify the distinction between snow removal equipment
categorized under Grounds Maintenance Equipment and Related Attachments and
the excluded category of Snow and Ice Handling Equipment, Supplies, and
Accessories (RFP #062222)? Specifically, what criteria will Sourcewell use to
determine whether a snow removal product is considered part of this current
solicitation or should be classified under the previously awarded RFP #062222?
Section II.B.3.a of the RFP lists Snow and Ice Handling Equipment, Supplies, and
Accessories as an excluded category. Could Sourcewell confirm if this exclusion
applies only to large‐scale municipal snow handling equipment, or does it also
encompass smaller snow removal trucks and equipment traditionally used for
clearing parking lots, college campuses, or other similar areas?
Given that the current RFP includes Lawn and garden equipment for snow
removal, could you provide specific examples of snow removal equipment or
attachments that are eligible for this RFP? How should proposers categorize
equipment such as plows, or salt spreaders used for clearing parking lots,
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college campuses, or other similar areas when there appears to be overlap with
equipment covered under RFP #062222?
Answer 1:
RFP 062222 for Snow and Ice Handling Equipment, Supplies, and Accessories has a
scope of:
Sourcewell is seeking proposals for Snow and Ice Handling Equipment, Supplies
and Accessories, to include equipment and related supplies or accessories
designed or principally intended for moving, removing, and controlling snow and
ice, such as:
a. Plows, blades, wings, blowers, and brooms;
b. Spreader or sprayer systems for the application of de‐icing or anti‐icing
solids or liquids and snow melters;
c. Dump bodies, specialty equipment, and air or hydraulic systems, related
to upfitting or modification primarily for snow and ice handling; and,
d. Proposers may include a complementary offering of parts, supplies, and
accessories, related to the upkeep, repair, or maintenance of their
offering of equipment as described in subsections 1. a. – 1. c. above.
RFP 112624 includes any snow related items to Grounds Maintenance Equipment and
Related Attachments that are not listed in the scope from 062222.
End of Addendum
Acknowledgement of this Addendum to RFP 112624 posted to the Sourcewell
Procurement Portal on 10/28/2024, is required at the time of proposal submittal.
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11/4/2024
Addendum No. 4
Solicitation Number: RFP 112624
Solicitation Name: Grounds Maintenance Equipment and Related Attachments
Consider the following Question(s) and Answer(s) to be part of the above-titled
solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Is there an example or definition of attachment as used in II. Solicitation Details, B.3.
Grounds maintenance equipment that is separately manufactured and designed to be
attached to a skid-steer or tractor are commonly called attachments. Is that what this
RFP is seeking to disallow, or does attachment as used here refer to accessories, add-
ons or special items that may or may not come with the primary equipment?
Answer 1:
Section II. Solicitation Details, B.3 states: “The primary focus of this solicitation is on
Grounds Maintenance Equipment and Related Attachments. However, this solicitation
should NOT be construed to include ‘attachment only,’ ‘service only,’ or ‘installation
only’ solutions.”
End of Addendum
Acknowledgement of this Addendum to RFP 112624 posted to the Sourcewell
Procurement Portal on 11/4/2024, is required at the time of proposal submittal.
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11/8/2024
Addendum No. 5
Solicitation Number: RFP 112624
Solicitation Name: Grounds Maintenance Equipment and Related Attachments
Consider the following Question(s) and Answer(s) to be part of the above‐titled
solicitation documents. The remainder of the documents remain unchanged.
Question 1:
I am completing this proposal and wanting to see who I should contact about getting an
NDA signed so we are able to submit financial data since we are a privately owned
company?
Answer 1:
Section VI. Evaluation and Award, E. states: “All materials submitted in response to this
RFP will become property of Sourcewell and will become public record in accordance
with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell
considers that negotiations are complete upon execution of a resulting master
agreement. It is the proposer’s responsibility to clearly identify any data submitted that
it considers to be protected. Proposer must also include a justification for the
classification citing the applicable Minnesota law. Sourcewell may reject proposals that
are marked confidential or nonpublic, either substantially or in their entirety.
Sourcewell will not consider the prices submitted by the proposer to be confidential,
proprietary, or trade secret materials. Financial information, including financial
statements, provided by a proposer is not considered trade secret under the statutory
definition.”
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End of Addendum
Acknowledgement of this Addendum to RFP 112624 posted to the Sourcewell
Procurement Portal on 11/8/2024, is required at the time of proposal submittal.
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11/12/2024
Addendum No. 6
Solicitation Number: RFP 112624
Solicitation Name: Grounds Maintenance Equipment and Related Attachments
Consider the following Question(s) and Answer(s) to be part of the above-titled
solicitation documents. The remainder of the documents remain unchanged.
Question 1:
Is there an approximate volume of annual sales for this contract for OPE handheld
equipment?
Answer 1:
Reference the Request for Proposals Document, Section II.E “Estimated Master
Agreement Value and Usage” for RFP # 112624 for Grounds Maintenance Equipment
and Related Attachments. Sourcewell does not have usage broken down to Outdoor
Power Equipment – Handheld Equipment.
End of Addendum
Acknowledgement of this Addendum to RFP 112624 posted to the Sourcewell
Procurement Portal on 11/12/2024, is required at the time of proposal submittal.
Page 88 of 255
City of Gilroy
STAFF REPORT
Agenda Item Title:Annual Military Equipment Use Report 2024, per CA
Assembly Bill No. 481
Meeting Date:May 19, 2025
From: Jimmy Forbis, City Administrator
Department:Police
Submitted by:Luke Powell, Police Captain
Prepared by:Luke Powell, Police Captain
STRATEGIC PLAN GOALS:Not Applicable
RECOMMENDATION
Receive report.
EXECUTIVE SUMMARY
The Military Equipment Use Policy is subject to annual City Council review to determine
whether the standards set forth in Assembly Bill 481 have been met, based upon an
Annual Military Equipment Use Report.
BACKGROUND
On September 30, 2021, California Governor Gavin Newsom approved Assembly Bill
481, requiring law enforcement agencies to obtain approval from the applicable
governing body (Mayor and City Council) to adopt a military equipment use policy. The
Gilroy Police Department presented its Military Use Policy at City Council meetings on
April 4, 2022, and May 2nd, 2022, with final approval coming at the May 16, 2022,
meeting.
Assembly Bill 481 allows the governing body to approve the funding, acquisition, and
use of military equipment within its jurisdiction only if it determines that the military
equipment meets specified standards. The Military Equipment Use Policy is subject to
City Council review to determine whether the standards set forth in Assembly Bill 481
Page 89 of 255
have been met based on an Annual Military Equipment Use Report. Gilroy Police
Department’s Annual Military Equipment Use Report is due annually in May.
Finally, Assembly Bill 481 requires the Department to publish the Military Equipment
Use Policy and the Annual Military Equipment Use Report on its website.
Assembly Bill 481
California Government Code section 7072 states the following:
(a) A law enforcement agency that receives approval for a military equipment use policy
pursuant to Section 7071 shall submit to the governing body an annual military
equipment report for each type of military equipment approved by the governing body
within one year of approval, and annually thereafter for as long as the military
equipment is available for use. The law enforcement agency shall also make each
annual military equipment report required by this section publicly available on its internet
website for as long as the military equipment is available for use. The annual military
equipment report shall, at a minimum, include the following information for the
immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the military
equipment.
(3) The results of any internal audits, any information about violations of the military
equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition,
personnel, training, transportation, maintenance, storage, upgrade, and other ongoing
costs, and from what source funds will be provided for the military equipment in the
calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment.
(6) If the law enforcement agency intends to acquire additional military equipment in the
next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment
report pursuant to this section, the law enforcement agency shall hold at least one well-
publicized and conveniently located community engagement meeting, at which the
general public may discuss and ask questions regarding the annual military equipment
report and the law enforcement agency’s funding, acquisition, or use of military
equipment.
In addition to maintaining the highest levels of public safety, the Gilroy Police
Department is committed to transparency, public trust, community partnerships, and
compliance with the law. As such, the Department has authored the following Annual
Military Equipment Use Report in accordance with annual reporting requirements
outlined in California Government Code section 7072.
ANALYSIS
The Gilroy Police Department is committed to using best practices and contemporary
law enforcement equipment to enhance our ability to provide our community the highest
level of public safety. To accomplish our mission effectively and safely, the Gilroy Police
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Department possesses and utilizes certain specialized equipment (Military equipment)
to safeguard the citizens of Gilroy and protect our first responders. While our inventory
of military equipment varies, the mere possession of this equipment does not warrant its
use. The merits and the totality of the circumstances of each unique incident are
considered before military equipment is utilized in compliance with department policy
and law. The term "military equipment," as used in Assembly Bill 481, does not
necessarily indicate the equipment is or has been used by the military. Many items
defined as "military equipment" by the bill are often used by law enforcement to
preserve life and enhance public and officer safety while remaining prepared to handle
the various lethal and non-lethal challenges facing our communities. The Gilroy Police
Department's use of military equipment is consistent with overall best practices
employed by police departments nationwide.
Apparatus used by the Gilroy Police Department that are considered military equipment
under Assembly Bill 481 include but are not limited to, emergency response equipment
such as command vehicles and armored rescue vehicles, less-lethal shotguns, less-
lethal 40mm projectile launchers, precision weapons such as rifles, unmanned aircraft
systems, and other select items. The continued access to and use of this equipment is
vital in ensuring our officers have the appropriate tools to de-escalate situations,
preserve life, ensure safety for all people, and protect civil liberties.
The Gilroy Police Department recognizes that critical incidents are unpredictable and
can be very dynamic in nature. A variety of equipment options can greatly assist
incident commanders, officers, and specific units in bringing those incidents to a swift
resolution, in a safe manner. The use of military equipment is restricted to certain
instances and, in some cases, only by certain units. The use of the Department’s
military equipment is continuously evaluated, and the use of such equipment by
department personnel is influenced by the totality of the circumstances, public safety,
officer safety, civil rights, State law, and information available at the time of use.
It is incumbent upon incident commanders, supervisors, individual officers, and specific
units to recognize the circumstances wherein military equipment should be employed to
enhance public and officers' safety and bring a critical incident to a safe resolution.
This Annual Military Equipment Use Report 2024 summarizes military equipment usage
guidelines, inventory, fiscal impact, complaints, and reported concerns from January 1,
2024, through December 31, 2024.
ALTERNATIVES
There are no reasonable alternatives to the items listed in the Annual Military
Equipment Use Report 2024. GPD has not discovered alternative products that can
achieve the same objectives of civilian and officer safety. Each item’s necessity is
further described in the attached annual report.
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FISCAL IMPACT/FUNDING SOURCE
There are no new financial considerations for existing military equipment and munitions
during this reporting period, January 1, 2024, through December 31, 2024. All
equipment listed in the attached annual report is owned and used by GPD. On page 22
of the annual use report, two (2) projected acquisitions of non-consumable military
equipment are for the reporting period January 1, 2025, through December 31, 2025.
Attachments:
1. Gilroy Police Department Annual Military Use Report 2024
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Annual Military Equipment Use Report 2024
Gilroy Police Department
Annual Military Equipment Use Report
January 1, 2024 – December 31, 2024
Chief Pedro Espinoza 7301 Hanna Street, Gilroy CA 95020 www.cityofgilroy.org
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Annual Military Equipment Use Report 2024
Contents
Executive Summary………………………………………………………………………………………………4
Introduction………………………………………………………………………………………………………...6
Definitions………………………………………………………………………………………………………….7
Summary of Military Equipment Usages……………………………………………………………..............10
Inventory by Equipment Type………………………………………………………………………………….16
Fiscal Impact……………………………………………………………………………………………………..19
Department Transparency……………………………………………………………………………….……..23
Community Complaints/Concerns/Comments…...………………………………………………….23
Response to Procedure Violations…………….…………………………….………….…………….23
Internal Audits…………………………………….………………….……………………………….…24
Summary of Military Equipment…………………………………….………………………………………….25
Unmanned Aircraft Systems (UAS)……………….………….…..…………………………………...26
Brinc Lemur 2……………………………………………………………………………………27
DJI Avata 2………………………………………………………………………………………27
DJI Matrice 30T…………………………………….…………………………………………...28
DJI Mavic 2 Enterprise.…….……….………….………………………………………………28
DJI Mavic Mini 2.…..…………….……………….……………………………………………..29
Robots………………………………….………………………………………………………………...30
Robotex Avatar Tactical Robot..………………………………………………………………31
Transcend Vantage Patrol Robot…..………………………………………………………...31
Recon Robotics Throwbot 2…………………………………………………………………..32
Armored Vehicles…...………………………………….……………………………………………….33
Bearcat G2…..………………………………………………………………………………….34
Mobile Command Vehicle (MCV)……………..………….…………………………………………...35
Hostage Negotiation Team (HNT) Van………………….……………………………………..……..37
40mm Launchers and Munitions………………………….………..………………………………….39
Defense Technology 40mm Single Shot Launcher #1425………………………..……….40
Defense Technology 40mm Tactical 4-Shot Launcher, #1440……..……………………..40
Defense Technology 40mm Exact Impact Sponge Round #6325…..…………………….42
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Less Lethal Shotgun and Munitions…………..……………………………………………………….43
Mossberg Model 590, 12-gauge Shotgun…….……………………………………………..44
Combined Tactical Systems Super-Sock Bean Bag………………………………………..45
Combined Tactical Systems LC5 Launching Cup…………………………………………………...46
Diversionary Devices……………………………………………………………………………………48
Combined Tactical Systems, 7290 Flash-Bang……………………………………………..49
Combined Tactical Systems, 7290M Mini Flash-Bang……………………………………..49
Rifles and Munitions…………………………………………………………………………………….51
Colt M4 Commando……………………………………………………………………………52
Colt M4 Carbine………………………………………………………………………………...52
Remington 700………………………………………………………………………………….53
Colt M16A1……………………………………………………………………………………...53
Springfield M14…………………………………………………………………………………54
Chemical Agent and Smoke Canisters……………………………………………………………….55
Defense Technology, Maximum HC Smoke Large Cannister, #1073……………………56
Combined Tactical Systems, White Smoke Tactical Canister Grenade, #8210…………56
Combined Tactical Systems, Riot CS Smoke Grenade, #8230…………………………...57
Combined Tactical Systems, Riot CS Smoke Grenade, #6230……………………………58
Combined Tactical Systems, Baffled Riot CS Smoke Grenade, #5230B…………………58
Penn Arms, 37mm Single Shot Launcher, #SL1-37………………………………………..59
Sage Control Ordinance, 37mm Rifled Barricade Penetrating, #BP5OC…………………59
Sage Control Ordinance, 37mm Rifled Barricade Penetrating, #BP5CS………………...60
Sage Control Ordinance, 37mm Impact/Chemical, #KO3OC……………………………..60
PepperBall Launchers and Projectiles………………………………………………………………...62
PepperBall FTC Launcher……………………………………………………………………..63
PepperBall Live Projectile……………………………………………………………………...63
PepperBall Inert Projectile……………………………………………………………………..64
Conclusion………………………………………………………………………………………………………..65
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Executive Summary
On September 30, 2021, California Governor Gavin Newsom approved Assembly Bill
481, requiring law enforcement agencies to obtain approval from the applicable governing
body (Mayor and City Council) by adopting a military equipment use policy. The Gilroy Police
Department must seek City Council approval of its Military Equipment Use Policy at a regular
open meeting before taking specific actions relating to the funding, acquisition, and use of
military equipment.
Assembly Bill 481 allows the governing body to approve the funding, acquisition, and
use of military equipment within its jurisdiction only if it determines that the military equipment
meets specified standards. The Military Equipment Use Policy is subject to City Council review
to determine whether the standards outlined in Assembly Bill 481 have been met, based upon
an Annual Military Equipment Use Report.
Finally, Assembly Bill 481 requires the Department to publish the Military Equipment
Use Policy and the Annual Military Equipment Use Report on its website.
Assembly Bill 481
California Government Code section 7072 states the following:
(a) A law enforcement agency that receives approval for a military equipment use policy
pursuant to Section 7071 shall submit to the governing body an annual military equipment
report for each type of military equipment approved by the governing body within one year of
approval, and annually thereafter for as long as the military equipment is available for use. The
law enforcement agency shall also make each annual military equipment report required by
this section publicly available on its internet website for as long as the military equipment is
available for use. The annual military equipment report shall, at a minimum, include the
following information for the immediately preceding calendar year for each type of military
equipment:
(1) A summary of how the military equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment
use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel,
training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from
what source funds will be provided for the military equipment in the calendar year following
submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment.
(6) If the law enforcement agency intends to acquire additional military equipment in the next
year, the quantity sought for each type of military equipment.
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(b) Within 30 days of submitting and publicly releasing an annual military equipment report
pursuant to this section, the law enforcement agency shall hold at least one well- publicized
and conveniently located community engagement meeting, at which the general public may
discuss and ask questions regarding the annual military equipment report and the law
enforcement agency’s funding, acquisition, or use of military equipment.
In addition to maintaining the highest levels of public safety, the Gilroy Police
Department is committed to transparency, public trust, community partnerships, and
compliance with the law. As such, the Department has authored the following Annual Military
Equipment Use Report in accordance with annual reporting requirements outlined in California
Government Code section 7072.
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Introduction
The Gilroy Police Department is committed to using best practices and contemporary
law enforcement equipment to enhance our ability to provide our community with the highest
level of public safety. To accomplish our mission effectively and safely, the Gilroy Police
Department possesses and utilizes specific specialized equipment (Military equipment) to
safeguard the citizens of Gilroy and protect our first responders. While our inventory of military
equipment varies, the mere possession of this equipment does not warrant its use. The merits
and the totality of the circumstances of each unique incident are considered before military
equipment is utilized in compliance with department policy and law.
The term "military equipment," as used in Assembly Bill 481, does not necessarily
indicate the equipment is or has been used by the military. Many items defined as "military
equipment" by the bill are often used by law enforcement to preserve life and enhance public
and officer safety while remaining prepared to handle the various lethal and non-lethal
challenges facing our communities. The Gilroy Police Department's use of military equipment
is consistent with overall best practices police departments employ nationwide.
Apparatus used by the Gilroy Police Department that are considered military equipment
under Assembly Bill 481 include, but are not limited to, emergency response equipment such
as command vehicles and armored rescue vehicles, less-lethal shotguns, less-lethal 40mm
projectile launchers, precision weapons such as rifles, unmanned aircraft systems, and other
select items. The continued access to and use of this equipment is vital in ensuring our officers
have the appropriate tools to de-escalate situations, preserve life, ensure safety for all people,
and protect civil liberties.
The Gilroy Police Department recognizes that critical incidents are unpredictable and
can be very dynamic in nature. Various equipment options can greatly assist incident
commanders, officers, and specific units in safely bringing those incidents to a swift resolution.
The use of military equipment is restricted to certain instances and, in some cases, only by
specific units. The use of the Department’s military equipment is continuously evaluated, and
the use of such equipment by department personnel is influenced by the totality of the
circumstances, public safety, officer safety, civil rights, State law, and information available at
the time of use.
It is incumbent upon incident commanders, supervisors, individual officers, and specific
units to recognize the particular circumstances in which military equipment should be
employed to enhance the safety of the public and officers and to bring a critical incident to a
safe resolution.
This Annual Military Equipment Use Report outlines a summary of military equipment
usage guidelines, inventory, fiscal impact, complaints, and reported concerns from January 1,
2024, through December 31, 2024.
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Definitions
Pursuant to California Assembly Bill 481, the following definitions are applicable only to
the Gilroy Police Department’s current military equipment inventory and potential military
equipment acquisitions for operational needs. For a more detailed list of “military equipment”
definitions, refer to California Government Code sections 7070(c)(1) through (16).
“Governing body” means the Gilroy City Council and Mayor.
“Military equipment” means any wide variety of items as defined by California Government
Code section 7070, subsections (c)(1) through (c)(16) to include:
1.Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated
equipment to control it remotely.
2.Robots: A remotely controlled unmanned machine that operates on the ground, which is
utilized to enhance the safety of the community and officers.
3.Armored Vehicles: Commercially produced wheeled armored personnel vehicle utilized
for law enforcement purposes.
4.NIJ Level IV Armored Caterpillar (CAT) Multi-Terrain Loader (The ROOK): The ROOK
is a custom “armored critical incident vehicle” built on the chassis of a CAT Bulldozer,
manufactured by Ring Power.
5.Mobile Command Vehicle (MCV): A vehicle used as a mobile office that provides shelter,
access to Department computer systems, and restroom facilities during extended events.
6.Hostage Negotiation Team (HNT) Van: A vehicle used as a mobile office that provides
shelter, access to Department computer systems, and restroom facilities on extended
events.
7.Long Range Acoustic Device (LRAD): A high intensity directional acoustic array for long-
range, crystal-clear hailing and notification. The LRAD is only authorized for use as a
communication device.
8.40mm Launchers and Munitions: 40mm Launchers are utilized by department personnel
as a less lethal tool to launch impact rounds.
9.Less Lethal Shotguns and Munitions: A shotgun used to deploy the less lethal shotgun
munitions.
10.Combined Systems LC5 Launching Cup: A cup that attaches to a less lethal shotgun
allowing officers to launch canisters of chemical agent or smoke canisters.
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11.Diversionary Devices: A device used to distract dangerous persons.
12.Rifles: Guns that are fired from shoulder level, having a longer, grooved barrel intended to
make bullets spin and thereby have greater accuracy over a long distance.
13.Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are
released when deployed.
14.Explosive Breaching Tools: Equipment used to provide an explosive charge to safely
gain entry into structures during high-risk operations.
15.PepperBall Launchers and Projectiles: A device that discharges PAVA powder
projectiles.
16.“Military equipment” does not include general equipment not designated as prohibited or
controlled by the federal Defense Logistics Agency.
“Military Equipment Use Policy” refers to Gilroy Police Department Policy Manual Section
708 and means a publicly released, written document governing the use of military equipment
by the Department that addresses, at a minimum, all of the following:
1. A description of each type of military equipment, the quantity sought, its capabilities,
expected lifespan, and product descriptions from the manufacturer of the military
equipment.
2. The purposes and authorized uses for which the Department proposes to use each type of
military equipment.
3. The fiscal impact of each type of military equipment, including the initial costs of obtaining
the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards
and Training (POST), that must be completed before any sworn member is allowed to use
each specific type of military equipment to ensure the full protection of the public’s welfare,
safety, civil rights, and civil liberties and full adherence to the Military Equipment Use
Policy.
6. The mechanisms to ensure compliance with the Military Equipment Use Policy, including
which independent persons or entities have oversight authority, and, if applicable, what
legally enforceable sanctions are put in place for violations of the policy.
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7. The procedures by which members of the public may register complaints or concerns or
submit questions about the use of each specific type of military equipment, and how the
Department will ensure that each complaint, concern, or question receives a response in a
timely manner.
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Summary of Military Equipment Usages
The City of Gilroy provides law enforcement services twenty-four hours a day, seven
days a week, serving a city population of over 58,000. The Department is committed to de-
escalating situations, and using force is reserved for instances where less intrusive options are
not feasible. In 2024, the Gilroy Police Department responded to approximately 65,993 calls
for service. Officers used force on only fifty-four (54) occasions of those calls for service,
representing 0.0008% of the total calls for service. Of the force options utilized, military
equipment in the form of projectiles and/or chemical irritants was only used during four (4) or
less than 0.00003% of all contacts. These statistics illustrate the relatively few instances of
force used by Gilroy police officers in relation to overall contacts. Moreover, the force used
involving military equipment is an even smaller subset of the overall force used during this
time.
While the Gilroy Police Department’s inventory of military equipment is varied, the mere
possession of the equipment does not warrant its use for every incident. The Gilroy Police
Department recognizes that critical incidents are unpredictable and can be very dynamic in
nature. Various military equipment options can greatly assist incident commanders, officers,
and specific units in swiftly and safely resolving those incidents. The use of military equipment
is restricted to certain instances and, in some cases, only by specific units.
This section outlines the military equipment usage from January 1, 2024, to December
31, 2024. Certain items of military equipment, particularly consumables (ammunition,
diversionary devices, pepper balls, chemical agents, etc.), are regularly used throughout the
year for training to maintain proficiency. Training usage is not captured in this section. This
section only provides data for the operational use of military equipment listed within this Annual
Military Equipment Use Report.
Outreach and Community Engagement
The Gilroy Police Department is committed to improving the trust and confidence
between the Department and the community it serves. As the Department strives to enhance
community relationships and continues to be a progressive leader among law enforcement
agencies nationwide, we want to ensure the public can access how its Police Department
operates and engages with the public. The Gilroy Police Department regularly utilizes select
military equipment, including Unmanned Aircraft Systems, Armored Rescue Vehicles, the
Mobile Command Vehicle, and Crisis Negotiation Team Vehicles, during outreach and
community events for public awareness, transparency, and education. Military equipment may
also be displayed during community events to provide a safe environment for the public to
enjoy the great amenities the City of Gilroy offers.
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The following is the data for Military Equipment Use by category from January 1, 2024,
through December 31, 2024:
Unmanned Aircraft Systems (UAS)
Unmanned Aircraft Systems were utilized for a total of one hundred sixteen (116) hours.
Authorized usages:
•Collection of evidence in the form of aerial photography/video in support of an
investigation (i.e., shooting scenes, homicide scenes).
•Support of SWAT and Patrol during high-risk, tactical, or other public safety life-
preserving missions (i.e., interior visual assessments of structures or outdoor
areas to gain intelligence prior to officers entering a dwelling or contacting a
potentially armed or resistive subject that may be hiding).
•Delivery of items (i.e., HNT phone) during critical incidents to engage in de-
escalation and/or crisis intervention techniques to resolve incidents peacefully.
•Conduct aerial searches for missing persons.
•Provide aerial observation to assist in managing natural disasters (i.e., fires,
floods, storms).
Unauthorized usages:
•There have been zero (0) reported violations of the military equipment use policy.
Robots
Robots were utilized a total of zero (0) time.
Authorized usages:
•Support of SWAT and Patrol during high-risk, tactical, or other public safety life
preservation missions to include:
•Opening doors to clear buildings for public safety and life preservation missions.
•Provide interior visual assessments of structures or outdoor areas to gain
intelligence before officers enter a dwelling or contact a potentially armed or
resistive subject that may be hiding).
•Delivery of items (i.e., HNT phone) during critical incidents to engage in de-
escalation and/or crisis intervention techniques to resolve incidents peacefully.
Unauthorized usages:
•There have been zero (0) reported violations of the military equipment use policy.
Armored Vehicle
The BearCat was utilized a total of thirteen (13) times.
Authorized usages:
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•Support SWAT and Patrol during critical incidents by providing greater safety to
community members and officers beyond the protection level of a shield and/or
personal body armor.
•Community engagement events offer transparency and allow the community to
better understand what equipment we have and how it is used.
Unauthorized usages:
•There have been zero (0) reported violations of the military equipment use policy.
Mobile Command Vehicle (MCV)
The Mobile Command Vehicle was utilized thirteen (13) times.
Authorized usages:
•Utilized as a command post for critical incidents during complex events.
•Natural disasters (i.e., mutual aid for large-scale fires or flooding).
•Other large-scale events to provide high visibility and public safety.
Unauthorized usages:
•There have been zero (0) reported violations of the military equipment use policy.
Hostage Negotiation Team (HNT) Van
The Hostage Negotiation Team Van was utilized zero (0) times.
Authorized usages:
•Utilized as a mobile office for critical incidents during complex events.
•Provide shelter and an access point for computer systems for negotiation team
members.
Unauthorized usages:
•There have been zero (0) reported violations of the military equipment use policy.
40mm Launchers and Munitions
The 40mm Launcher was utilized during one (1) call for service.
•40mm Impact-related rounds – utilized during one (1) call for service
•40mm OC-related rounds – utilized during zero (0) calls for service
•40mm related CS-related rounds – utilized during zero (0) calls for service
•40mm pyrotechnic-related rounds - utilized during zero (0) calls for service
•40mm warning/signaling-related rounds – utilized during zero (0) calls for service
Authorized usages:
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•Safely address an individual who displays self-destructive, dangerous, or combative
behavior.
•Safely address an armed, potentially armed, or violent individual.
•During riot/crowd control and civil unrest incidents where the use of the 40mm is
considered objectively reasonable to defend against a threat to life or serious bodily
injury to any individual, including any peace officer, or to bring an objectively
dangerous and unlawful situation safely and effectively under control (in compliance
with Assembly Bill 48).
•Circumstances to gain a tactical advantage during critical incidents or high-risk
entries where public safety and/or officer safety is at risk. (i.e., breaking out a vehicle
window to get an unobstructed view of an armed barricaded individual).
•Potentially vicious animal (i.e., an aggressive animal trying to harm member(s) of the
community or an officer).
Unauthorized usages:
•There have been zero (0) reported violations of the military equipment use policy.
Combined Tactical Systems LC5 Launching Cup
The Combined Tactical Systems LC5 Launching Cup was utilized zero (0) times.
Authorized usages are covered under Chemical Agents and Smoke Canister.
Unauthorized usages:
•There have been zero (0) reported violations of the military equipment use policy.
Less Lethal Shotguns and Munitions
Less Lethal Shotguns were utilized during one (1) call for service.
Authorized usages:
•Safely address an individual who displays self-destructive, dangerous, or
combative behavior.
•Safely address an armed, potentially armed, or violent individual.
•During riot/crowd control and civil unrest incidents where the use of the beanbag
shotgun is considered objectively reasonable to defend against a threat to life or
serious bodily injury to any individual, including any peace officer, or to bring an
objectively dangerous and unlawful situation safely and effectively under control
(in compliance with Assembly Bill 48).
•Circumstances where a tactical advantage can be obtained (e.g., making high-
risk entries, including disabling surveillance cameras).
•Potentially vicious animal (i.e., an aggressive animal trying to harm member(s) of
the community or an officer)
Unauthorized usages:
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•There have been zero (0) reported violations of the military equipment use policy.
Rifles and Munitions
Rifles were utilized zero (0) times.
Authorized usages:
•In accordance with California Penal Code section 835a and GPD Policy Manual
Section 300 (Use of Force)
Unauthorized usages:
•There have been zero (0) reported violations of the military equipment use policy.
Diversionary Devices
Diversionary Devices were utilized a total of eight (8) times.
Authorized usages:
•Support SWAT during call-outs and high-risk warrant services
•Distract dangerous suspects during assaults
•Hostage rescue incidents
•High-risk room entries
Unauthorized usages:
•There have been zero (0) reported violations of the military equipment use policy.
Chemical Agents and Smoke Canisters
Chemical Agents and Smoke Canisters were utilized zero (0) times.
•CS Canister/Grenade – utilized zero (0) times
•OC Canister/Grenade - utilized zero (0) times
•Smoke Canister/Grenade - utilized zero (0) times
•OC Fogger - utilized zero (0) times
•OC Stream - utilized zero (0) times
Authorized usages:
•Safely address an individual who displays self-destructive, dangerous, or combative
behavior.
•During riot/crowd control and civil unrest incidents where the use of chemical agents
is considered objectively reasonable to defend against a threat to life or serious
bodily injury to any individual, including any peace officer, or to bring an objectively
dangerous and unlawful situation safely and effectively under control (in compliance
with Assembly Bill 48).
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•Circumstances to gain a tactical advantage during critical incidents or high-risk
entries where public safety and/or officer safety is at risk.
•Potentially vicious animal (i.e., an aggressive animal trying to harm member(s) of the
community or an officer).
Unauthorized usages:
•There have been zero (0) reported violations of the military equipment use policy.
PepperBall Launchers and Projectiles
PepperBall Launchers were utilized during zero (0) calls for service.
Authorized usage:
•Safely address an individual who displays self-destructive, dangerous, or
combative behavior.
•Safely address an armed, potentially armed, or violent individual.
•During riot/crowd control and civil unrest incidents where the use of the 40mm is
considered objectively reasonable to defend against a threat to life or serious
bodily injury to any individual, including any peace officer, or to bring an
objectively dangerous and unlawful situation safely and effectively under control
(in compliance with Assembly Bill 48).
•Circumstances to gain a tactical advantage during critical incidents or high-risk
entries where public safety and/or officer safety is at risk (i.e., deploying into a
structure/vehicle where a barricaded subject is, resulting in a peaceful
surrender).
•Potentially vicious animal (i.e., an aggressive animal trying to harm member(s) of
the community or an officer).
Unauthorized usages:
•There have been zero (0) reported violations of the military equipment use policy.
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Inventory by Equipment Type
January 1, 2024, through December 31, 2024
Note: The inventory of certain items of consumable military equipment (i.e., ammunition,
diversionary devices, chemical agents, etc.) frequently fluctuates throughout the year due to
operational usage, training usage, operational wear, and/or manufacturer-recommended
replacement guidelines. While the Gilroy Police Department strives to provide accuracy in its
inventory reporting, this report reflects approximations of certain consumable items of military
equipment during the time period listed above.
Unmanned Aircraft System (UAS)
Equipment Name and Model / Manufacturer Quantity
Lemur 2 / Brinc 1
Avata 2 / DJI 2
Matrice 30T / DJI 1
Mavic 2 Enterprise / DJI 1
Mavic Mini 2 / DJI 4
Robots
Equipment Name and Model / Manufacturer Quantity
Avatar Tactical Robot / Robotex 1
Vantage Patrol Robot / Transcend 1
Throwbot 2 / Recon Robotics 1
Armored Vehicles
Equipment Name and Model / Manufacturer Quantity
Bearcat G2 / Lenco 1
Mobile Command Vehicle (MCV)
Equipment Name and Model / Manufacturer Quantity
M2, Custom Built / Freightliner 1
Hostage Negotiation Team (HNT) Van
Equipment Name and Model / Manufacturer Quantity
Communication Van, Custom Built / Kodiak 1
40mm Launchers and Munitions
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Equipment Name and Model / Manufacturer Quantity
40mm Launchers
40mm Single Shot Launcher #1425 / Defense Technology 7
40mm Tactical 4-Shot Launcher #1440 / Defense Technology 2
40mm Munitions
40mm Exact Impact Sponge Round #6325 / Defense Technology 50 rounds
Less Lethal Shotguns and Munitions
Equipment Name and Model / Manufacturer Quantity
Less Lethal Shotgun
Model 590, 12-Gauge Shotgun / Mossberg 10
Less Lethal Munitions
12-Gauge Super-Sock Beanbag Round / Combined Systems, Inc.150 rounds
Combined Systems LC5 Launching Cup
Equipment Name and Model / Manufacturer Quantity
LC5 Launching Cup / Combined Systems, Inc.2
Diversionary Devices
Equipment Name and Model / Manufacturer Quantity
7290 Flash-Bang / Combined Systems, Inc.2
7290M Mini Flash-Bang / Combined Systems, Inc.30
Rifles and Munitions
Equipment Name and Model / Manufacturer Quantity
Rifles
M4 Commando / Colt 11
M4 Carbine / Colt 5
700 / Remington 5
M16A1 / Colt 16
M14 / Springfield 1
Chemical Agents and Smoke Canisters
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Equipment Name and Model / Manufacturer Quantity
Maximum HC Smoke Large-Style Canister, #1073 / Defense
Technology
2 canisters
White Smoke Tactical Canister Grenade, #8210 / Combined Tactical
Systems
6 canisters
Riot CS Smoke Grenade, #8230 / Combined Tactical Systems 30 canisters
Riot CS Smoke Grenade, #6230 / Combined Tactical Systems 7 Canisters
Baffled Riot CS Smoke Grenade, #5230B / Combined Tactical Systems 30 canister
37mm Single Shot Launcher #SL1-37 / Penn Arms 6
37mm Rifled Barricade Penetrating, #BP50C / Sage Control Ordinance 0 canisters
37mm Rifles Barricade Penetrating, #BP5CS / Sage Control Ordinance 0 canisters
37mm Impact/Chemical, #K03OC / Sage Control Ordinance 0 canisters
PepperBall Launchers and Projectiles
Equipment Name and Model / Manufacturer Quantity
FTC Launcher / PepperBall 6
Live Projectile / PepperBall 1000 projectiles
Inert Projectile / PepperBall 1000 projectiles
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Fiscal Impact
January 1, 2024 – December 31, 2024
Currently, the Gilroy Police Department maintains a workforce comprised of over 69 full-
time equivalent (FTE) sworn peace officer positions and 39 FTE professional staff positions.
The department’s adopted budget for FY 2024 was approximately $32,331,188, 77% of which
is allocated for personnel expenses. The portion of the budget allocated for military equipment
expenditures represents only a tiny fraction of the Department’s operating costs. However, the
funds spent on military equipment are integral to providing the necessary resources and
materials to keep the community and officers safe. The significance and enhanced capability of
the current military equipment inventory is immense and cannot be understated from a public
safety perspective.
The following table summarizes equipment-related expenditures for the calendar year
2024 and the projection of expenses for the calendar year 2025. Equipment expenditures
include the acquisition of new equipment, the replacement of damaged equipment, and the
ongoing maintenance of the controlled equipment.
Military Equipment Expenditures by Category and Year
Category 2024
Annual
Cost/Maintenance
(approximate)
2025
Projected Annual
Cost/Maintenance
(approximate)
Unmanned Aircraft System (UAS)
Maintenance
$12,800 $10,000
Robot Maintenance $0 $1,000
Armored Vehicle Maintenance $0 $360,500
Mobile Command Vehicle (MCV)$0 $12,500
Hostage Negotiation Team (CNT)
Van
$0 $125,000
40mm Launchers and Munitions $2,800 $250
Less Lethal Shotgun and Munitions
Maintenance
$0 $250
Combined Systems LC5 Launching
Cup
$0 $0
Diversionary Devices $0 $250
Rifles and Munitions Maintenance $5,800 $1,250
Chemical Agent and Smoke
Canisters
$450 $450
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PepperBall Launchers and
Projectiles Maintenance
$150 $150
TOTAL $22,000 $511,600
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JANUARY 1, 2024- DECEMBER 31, 2024
CONSUMABLE MILITARY EQUIPMENT ACQUISITIONS
Projected consumable military equipment acquisitions are anticipated to be consistent
with current replenishment schedules and quantities for consumables. A variety of commercial
factors (i.e., supply and demand, inflation, supply chain issues, etc.) may influence the fiscal
impact of future military equipment acquisitions, and ongoing military equipment consumables
can vary according to inventory levels that fluctuate as a result of training, operational usage,
or manufacturer recommended replacement guidelines.
Categories of consumable military equipment are listed below:
•Chemical Agent and Smoke Canisters
•Specialty Munitions (40mm Munitions and Less Lethal Munitions)
•Diversionary Devices
•PepperBall Projectiles
Funding for most of the consumable military equipment is anticipated to be sourced
from the existing police budget.
NON-CONSUMABLE MILITARY EQUIPMENT ACQUISITIONS
Projected non-consumable military acquisitions are anticipated to be limited at this time.
Any unanticipated replacements of existing non-consumable military equipment will be initiated
on a case-by-case basis dependent on operational need, operational wear, or end of
serviceable lifespan and will be consistent with the Council-approved policy for acquisitions of
military equipment. Categories of non-consumable military equipment are listed below:
•Unmanned Aircraft System (UAS)
•Robots
•Armored Vehicle
•Mobile Command Vehicle (MCV)
•Hostage Negotiation Team (HNT) Van
•40mm Launchers
•37mm Launchers
•Less Lethal Shotguns
•Combined Systems LC5 Launching Cup
•Rifles
•PepperBall Launchers
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Projected Acquisitions
The Department has the following projected acquisitions of non-consumable military
equipment:
1. The acquisition of a single Lenco BearCat, NIJ Level IV, Armored Rescue Vehicle has
been initiated. This Armored Vehicle's procurement is funded from two distinct sources:
the Police Department’s Asset Forfeiture Account and Salary Savings from Fiscal Year
2022/23. It is expected to be delivered by June 2025.
2. The Hostage Negotiation Team (HNT) plans to request the acquisition of a Dodge
ProMaster Van, or a similar vehicle, to replace the current HNT Van, which was
acquired in 1991 and has reached the end of its serviceable lifespan (20 years).
The remainder of non-consumable military equipment will consist of ongoing
maintenance costs. Funding for the majority of non-consumable military equipment is
anticipated to be sourced from the existing police budget.
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Department Transparency
Community Complaints/Concerns/Comments
In some instances, the application and use of military equipment may raise questions
and/or concerns among community members. It is vitally important that the Department
address these questions.
The Gilroy Police Department is committed to full and fair investigations of community
member complaints. As such, the Department has sound internal procedures for thorough and
impartial investigations. Resolving complaints in a fair, impartial, and expeditious manner will
ensure the department's consistently high level of integrity and efficiency.
The following is a summary of formal investigations, including officer-involved shootings
and the use of military equipment, as investigated by the Gilroy Police Department’s Internal
Affairs Division from January 1, 2024, through December 31, 2024.
Complaints or Concerns:
There were zero (0) complaints or concerns related to the use of military
equipment.
Officer-Involved Shootings (OIS):
There were zero (0) OIS incidents that occurred involving the use of military
equipment.
Response to Procedure Violations
California Assembly Bill 481, enacted California Government Code section 7072(a)(3),
requires local law enforcement agencies to provide information regarding military equipment
use procedure violations and responses to those violations. In accordance with the new law,
the Gilroy Police Department has actively tracked this information.
There were zero (0) reported violations of the military equipment use policy.
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Internal Audits
California Assembly Bill 481 requires local law enforcement agencies to include the
results of any internal audits or inspections conducted and any responsive actions in its annual
military equipment use report. When an audit is conducted, inspectors shall refer to the
department’s military equipment use policy for established guidelines regarding funding,
acquisition, or use of military equipment.
The Gilroy Police Department’s operations commander has been assigned the duty of
auditing its military equipment use. The Commander has developed a tracking and auditing
process to ensure compliance, consistency, accountability, and transparency, as outlined in
GPD Policy Manual Section 708 (Military Equipment Use).
Internal Audit Results
The Operations Commander conducted an annual audit on department-approved
military equipment use from March 1, 2024, through March 31, 2024. The details and results of
each audit are listed below:
AUDIT—The Special Operations Commander completed an audit of department military
equipment. The audit scope included inspecting equipment type and quantity, verifying
serial numbers, and noting discrepancies compared to the approved GPD Military
Equipment Use policy. The audit methodology included onsite inspections and statistical
sampling, supported by generally accepted government auditing standards.
FINDINGS—During the Military Equipment Use Audit, the Special Operations
Commander did not find any complaints related to the department’s military equipment
use policy. All military equipment was collected, inventoried, and identified, giving the
department a 100% compliance rate.
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Summary of Military Equipment
The inventory of military equipment, particularly consumable material (diversionary
devices, various munitions, chemical agent and smoke canisters, etc.) fluctuates regularly.
Fluctuation is based on a variety of factors, including but not limited to operational usage,
operational deterioration, training, maintenance, and expiration and replenishment guidelines.
The Gilroy Police Department is committed to transparency in disclosing its military equipment
inventory and related information to our community and elected officials in compliance with the
law.
The following are the various types, descriptions, and guidelines for usage of military
equipment currently employed by the Gilroy Police Department.
(NOTE: The manufacturer descriptions and source photos contained within are referenced via
publicly accessible website source citations. The website source citations utilized in this report
are for equipment descriptive purposes only and are not an endorsement of a particular
product or vendor by The City of Gilroy or The Gilroy Police Department. Additionally, the
language used by the manufacturer to describe such equipment use is included in this report
as required by California Government Code section 7070(d)(1), however, the descriptions may
not align with the actual methods of use in accordance with Gilroy Police Department Policy,
as well as local, state, and federal law.)
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Unmanned Aircraft Systems (UAS)
Unmanned Aircraft Systems (UAS): An unmanned aircraft system of any type that can
sustain direct flight, whether remotely controlled or via pre-programing, and all the attached
systems designed for gathering information via photography, recording, or any other means.
Capability: The Gilroy Police Department uses Unmanned Aircraft Systems (UAS) of varying
sizes and capabilities to enhance public safety. The UAS can be deployed when its view would
assist officers or incident commanders with the following situations, which include but are not
limited to major collision investigations, search for missing persons, natural disaster
management, crime scene photography, SWAT, tactical or other public safety and life-
preservation missions, and in response to specific requests from local, state, or federal fire
authorities for fire response and/or prevention. The UAS are used in compliance with all
federal, state, and local laws.
Usage: It is the policy of the Gilroy Police Department to utilize UAS only for official law
enforcement purposes, and in a manner that respects the privacy of our community, pursuant
to state and federal law. Additionally, only assigned operators who have completed the
required training shall be permitted to operate any UAS during approved missions.
Legal and Procedural Rules: The use of this equipment shall comply with the authorizations
and prohibitions set forth in GPD Policy Manual Section 706 (Vehicle Use), FAA Regulation 14
CFR Part 107 Small Unmanned Aircraft Systems, and Penal Code section 13652, initiated by
California Assembly Bill 48. More information about the rules for public safety agencies can be
found on the FAA website at https://www.faa.gov/uas/public_safety_gov/. The use of UAS is
governed by federal, state and local laws and regulations. The Federal Aviation Admiration
(FAA) governs all aircraft rules and regulations, including those applicable to UAS, for flight
within the US National Airspace.
Training Requirements: All department UAS operators are licensed by the Federal Aviation
Administration for UAS operation and each UAS operator must attend regular department
trainings.
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The Department currently possesses the following Unmanned Aircraft Systems:
Brinc Lemur 2
QUANTITY 1
LIFESPAN 3-5 years
INITIAL COST $24,000/unit
Manufacturer: Brinc
Manufacturer Description: The Brinc Lemur is a next-generation tactical drone engineered
specifically for public safety operations, including law enforcement, search and rescue, and
emergency response missions. Designed and manufactured in the United States, the LEMUR
2 integrates advanced hardware and software to enhance situational awareness, facilitate
communication, and improve operational safety in high-risk environments.
(Description Source: https://brincdrones.com/lemur-2/)
DJI Avata 2
QUANTITY 2
LIFESPAN 3-5 years
INITIAL COST $1,050/unit
Manufacturer: DJI
Manufacturer Description: The DJI Avata 2 is DJI's latest FPV (First-Person View) drone,
designed to deliver an immersive and intuitive flying experience for both beginners and
seasoned pilots. Paired with the new DJI Goggles 3 and RC Motion 3 controller, the Avata 2
offers enhanced imaging, safety features, and extended flight capabilities.
(Description Source: https://www.dji.com/avata-2?utm_source=chatgpt.com)
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DJI Matrice 30T
QUANTITY 1
LIFESPAN 3-5 years
INITIAL COST $18,250/unit
Manufacturer: DJI
Manufacturer Description: The DJI Matrice 30T is a drone that is aimed at professionals and
search and rescue teams. It has a 46-minute flight time, a thermal sensor, and a laser range
finder. It also has a 48MP 1/2” CMOS zoom camera with 5x-16x optical zoom and 200x digital
zoom. It can also be equipped with an optional thermal camera.
(Description Source: https://enterprise.dji.com/matrice-30)
DJI Mavic 2 Enterprise
QUANTITY 1
LIFESPAN 3-5 years
INITIAL COST $5,000/unit
Manufacturer: DJI
Manufacturer Description: Designed to empower a new generation of workers, the Mavic 2
Enterprise is the ultimate expression of a tool that delivers beyond expectation to meet current
workplace challenges and future demands. The DJI Mavic 2 Enterprise Dual features visible &
thermal imagery, integrated radiometric FLIR thermal sensor, adjustable parameters for
emissivity & reflective surfaces, and multiple display modes (FLIR MSX, Infrared & Visibility).
This is a remotely operated battery-powered aircraft designed to be operated within sight of the
operator or a spotter. Each aircraft is equipped with a camera capable of relaying a real-time
image back to the operator.
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(Description source: https://www.dji.com/mavic-2-enterprise)
DJI Mavic Mini 2
QUANTITY 4
LIFESPAN 3-5 years
INITIAL COST $500/unit
Manufacturer: DJI
Manufacturer Description: This is a remotely operated battery-powered aircraft designed to
be operated within sight of the operator or a spotter. Each aircraft is equipped with a camera
capable of relaying a real-time image back to the operator.
(Description Source: https://www.dji.com/mini-2)
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Robots
Robots: A machine that operates on the ground and can be controlled remotely, as well as all
the supporting or attached systems designed for gathering information through photographs,
recordings, or other means.
Capability: Robots can protect against suspected and known explosive hazards. They are
also used in tactical support of special operations and can gather visual/audio data, deliver a
Hostage Negotiation Team phone, open doors, and clear buildings.
Usage: It is the policy of the Gilroy Police Department to utilize Robots only for official law
enforcement purposes, and in a manner that respects the privacy of our community.
Additionally, only assigned operators who have completed the required training shall be
permitted to operate any Robots.
Legal and Procedural Rules: The use of this equipment shall comply with the authorizations
and prohibitions set forth in GPD Policy Manual Section 706 (Vehicle Use). It is the policy of
the Gilroy Police Department to utilize a robot only for official law enforcement purposes
pursuant to state and federal law, including the provisions of Penal Code section 13652,
initiated by California Assembly Bill 48.
Training Requirements: Robot operators shall receive department training in the safe
handling of the robots and show competence in the operation of the equipment.
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The Department currently possesses the following Robots:
Robotex Avatar Tactical Robot
QUANTITY 1
LIFESPAN 8-10 years
INITIAL COST $25,000/unit
Manufacturer: Robotex
Manufacturer Description: The AVATAR enhances the capabilities of SWAT and tactical
response teams by allowing them to quickly and safely inspect dangerous situations, there is
no longer a need to send personnel in before you’ve had a chance to assess the situation. The
AVATAR Robots are regarded by tactical teams as a standard operational tool, like a firearm,
vehicle, or piece of body armor.
(Description source: https://www.acornpd.com/robotex-avatar-tactical-robot)
Transcend Vantage Patrol Robot
QUANTITY 1
LIFESPAN 8-10 years
INITIAL COST $25,000/unit
Manufacturer: Transcend
Manufacturer Description: Transcend’s Vantage robot is the first technological breakthrough
in law enforcement robotics in the last 30 years. Its double patented automatic stair and
obstacle mobility technology has given officers an unprecedented tool for successful mobile
reconnaissance. It’s ability to deploy hot gas in a safe and fully contained enclosure has been
a game changer for many situations, especially barricaded subjects. The Vantage can be used
by anyone without prior training to climb stairs, overcome clothes and random obstacles. Its
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communication signals can penetrate a vast array of wall materials at distance and it’s
designed to be affordable for years to come.
(Description source: https://www.transcendrobotics.com/vantage)
Recon Robotics Throwbot 2
QUANTITY 1
LIFESPAN 8-10 years
INITIAL COST $8,500/unit
Manufacturer: Recon Robotics
Manufacturer Description: The Throwbot® 2 (TB2) robot is a throwable micro-robot platform that
enables operators to obtain instantaneous video and audio reconnaissance within indoor or outdoor
environments. Designed to withstand repeated drops of up to 30 feet (9 m) onto concrete, the
Throwbot® 2 robot can be thrown into hazardous situations in order to allow operators to quickly make
informed decisions when seconds count. This micro-robot is designed to be able to crawl over a variety
of terrain, clearing obstacles up to 2″ (5 cm) tall. Conversion kits are available which can increase the
ability of the Throwbot® 2 robot to cross obstacles up to 4″ (10 cm) tall or to carry and tow a combined 4
lbs (1.8 kg) of payloads using integrated mount points or a Picatinny Rail accessory.
(Description source: https://reconrobotics.com/products/throwbot-2-robot/)
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Armored Vehicles
Armored Vehicle: Commercially-produced, wheeled, armored personnel vehicle utilized for
law enforcement purposes.
Capability: Armored vehicles are utilized in response to critical incidents to enhance officer
and community safety, improve scene contamination and stabilization, and assist in resolving
critical incidents.
Usage: Armored vehicles shall only be authorized by a watch commander or SWAT
commander based on the specific circumstances of a critical incident. Armored vehicles shall
only be used by officers trained in their deployment and in a manner consistent with
Department policy and training.
Legal Procedural Rules: The use of this equipment shall comply with the authorizations and
prohibitions outlined in GPD Policy Manual Section 706 (Vehicle Use). The Gilroy Police
Department utilizes armored vehicles only for official law enforcement purposes and pursuant
to state and federal law.
Training Requirements: All drivers/operators shall attend formalized instruction and be
trained in vehicle operations and practical driving instruction.
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The Department currently possesses the following Armored Vehicles:
Lenco BearCat G2
QUANTITY 1
LIFESPAN 25 years
INITIAL COST $360,500/unit
Manufacturer: Lenco
Manufacturer Description: The Lenco BearCat G2 is the standard tactical armored vehicle
for special operations units within the US Law Enforcement community. The G2 has excellent
on- road driving characteristics and maneuverability in tight urban settings. The large floor plan
seats 10 – 12 fully equipped officers with a long list of tactical features only found on the Lenco
BearCat line of armored SWAT vehicles for Police and Government.
(Description Source: https://www.lencoarmor.com/model/bearcat-g2-police-government/)
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Mobile Command Vehicle (MCV)
Mobile Incident Command Vehicle: A completely self-contained command post designed to
provide shelter, access to department computers, and restroom facilities for extended events.
This vehicle can also be used to facilitate mobile booking for incidents that may involve mass
arrests, and other uses include pre-planned or significant events, which require on-site
planning and incident command personnel.
Capability: As a mobile base of operation, this vehicle contains specialized command, control,
and communications equipment which can be used during critical incidents, large events,
natural disasters, and community events.
Usage: The MCV is to be utilized for planned or unplanned events. Only officers trained in the
deployment and operations of the MCV, in a manner consistent with Department policy and
training, are authorized to operate it.
Legal and Procedural Rules: The use of this equipment shall comply with the authorizations
and prohibitions set forth in GPD Policy Manual Section 706 (Vehicle Use). It is the policy of
the Gilroy Police Department to use the MCV only for official law enforcement purposes, and in
accordance with California state law regarding the operation of motor vehicles.
Training Requirements: The driver/operator shall receive training in the safe handling of the
vehicle on a closed training course. Once the operator has shown competence in vehicle
handling, the driver/operator will drive the vehicle throughout the city with an experienced
driver.
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The Department currently possesses the following Mobile Command Vehicles:
Mobile Command Vehicle (MCV)
QUANTITY 1
LIFESPAN 20 years (Chassis)
6 years (IT System)
INITIAL COST $699,186/unit
Manufacturer: Freightliner
Manufacturer Description: The MCV is a Freightliner MT-55 custom built by LDV Inc. It is a
fully functioning Mobile Public Safety Answering Point (PSAP) and is a backup to our existing
Dispatch Center. The MCV is a shared asset used by the Morgan Hill Police Department and
the Gilroy Police Department during critical incidents, pre-planned large events, searching for
missing persons, natural disasters, and community events.
(Description Source: https://www.ldvusa.com/category/emergency-response-vehicles/ldv-
mobile-command-center/)
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Hostage Negotiation Team (HNT) Van
Hostage Negotiation Team Vehicle: A completely self-contained command post designed to
provide shelter, access to Department computers, and a mobile office for extended events.
Capability: As a mobile base of operation, this vehicle contains specialized command and
communications equipment which can be used during critical incident callouts where
SWAT/HNT have been called.
Usage: The HNT van may be used by officers and staff who have been properly trained in the
safe handling of the vehicle. The driver of the vehicle shall have a valid California driver’s
license.
Legal and Procedural Rules: The use of this equipment shall comply with the authorizations
and prohibitions set forth in GPD Policy Manual Section 706 (Vehicle Use) and shall be in
accordance with California state law regarding the operation of motor vehicles.
Training Requirements: The driver/operator shall receive training in the safe handling of the
vehicle on a closed training course. Once the operator has shown competence in vehicle
handling, the driver/operator will drive the vehicle throughout the city with an experienced
driver.
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The Department currently possesses the following Hostage Negotiation Team Van:
Hostage Negotiation Team (HNT) Van
QUANTITY 1
LIFESPAN 20 years
INITIAL COST No Cost/unit
Manufacturer: Kodiak
Manufacturer Description: The HNT Van was custom-built for the State of California in 1991
from a Kodiak Communication Van and transferred to GPD in 2013.
(Description Source unavailable due to customization)
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40mm Launchers and Munitions
40mm Launchers: A single-shot or multi-shot impact weapon launcher capable of firing an
array of 40mm rounds.
Capability: 40mm launchers can fire a variety of ammunition with a maximum effective range
of one hundred thirty-one feet (131 feet).
Usage: The use of the 40mm may be deployed to limit the escalation of conflict where
employment of lethal force is prohibited or undesirable. The range of the weapon system helps
to maintain space between officers and a suspect and reduce the immediacy of the threat,
which is the principle of de-escalation. This system has additional uses which include but are
not limited to self-destructive, dangerous, and/or combative individuals, riot/crowd control and
in civil unrest incidents, circumstances where a tactical advantage can be obtained, against
potentially-vicious animals, and in training exercises or displayed during community events.
Legal and Procedural Rules: The use of this equipment shall comply with the authorizations
and prohibitions set forth in GPD Policy Manual Section 308 (Use of Force). It is the policy of
the Gilroy Police Department to utilize 40mm munitions only for official law enforcement
purposes, and pursuant to state and federal law.
Training Requirements: Sworn members utilizing 40mm less lethal chemical agent or impact
rounds are trained in their use by P.O.S.T.-certified less lethal and chemical agent instructors.
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The Department currently possesses the following 40mm launchers:
Defense Technology 40mm Single Shot Launcher #1425
QUANTITY 7
LIFESPAN 25 years
INITIAL COST $1,000/unit
Manufacturer: Defense Technology
Manufacturer Description: Manufactured exclusively for Defense Technology®, the 1425
40LMTS is a tactical single shot launcher that features the Rogers Super Stoc™ expandable
gun stock and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous
Lateral Sling Mount (LSM) and QD mounting systems allow both a single- and two-point sling
attachment. Users have the option of customizing the 40LMTS with an array of enhanced
optics and sighting systems through the launcher’s Picatinny rail mounting system. The
40LMTS will fire standard 40mm less lethal ammunition, up to 4.8” in cartridge length, but it is
NOT designed to fire 40mm high velocity HE ammunition.
(Description Source: https://www.defense-technology.com/wp-
content/uploads/2020/06/DT_40MM_Single_Launcher_Sell_Sheet.pdf)
Defense Technology 40mm Tactical 4-Shot Launcher, #1440
QUANTITY 2
LIFESPAN 25 years
INITIAL COST $1,850/unit
Manufacturer: Defense Technology
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Manufacturer Description: The Defense Technology® #1440 is a Tactical 40mm 4-Shot
Launcher that features an expandable ROGERS Super Stoc™ and an adjustable Picatinny
mounted front grip. The Tactical 4-Shot will fire standard 40mm Less Lethal ammunition, up to
4.8 inches in cartridge length. Lightweight and tactical, this weapon is NOT designed to fire
40mm High Velocity HE ammunition. The Picatinny Rail Mounting System will accept a wide
array of enhanced optics/sighting systems.
(Description Source: https://www.defense-technology.com/wp-content/uploads/2020/06/40mm-
Tactical-4-Shot-Launcher.pdf)
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The Department currently possesses the following 40mm munitions:
Defense Technology 40mm Exact Impact Sponge Round #6325
QUANTITY 50
LIFESPAN 6 years
INITIAL COST $18/unit
Manufacturer: Defense Technology
Manufacturer Description: The Exact Impact 40mm Sponge Round is a point-of-aim, point-
of- impact direct-fire round. This lightweight, high-speed projectile consisting of a plastic body
and sponge nose that is spin stabilized via the incorporated rifling collar and the 40mm
launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore
have velocities that are extremely consistent.
(Description Source: https://www.defense-technology.com/product/exact-impact-40-mm-
standard-range-sponge-round/)
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Less Lethal Shotgun and Munitions
Less Lethal Shotgun: The less lethal shotgun is a standard Mossberg Model 590, 12-gauge
shotgun that has been outfitted with an orange-colored stock and foregrip to distinguish from
lethal weapons.
Capability: The less lethal shotgun can fire a 12-gauge Super-Sock Beanbag Round with a
maximum effective range of seventy-five (75) feet. The range of the weapon system helps to
maintain space between officers and a suspect reducing the immediacy of the threat, which is
a principle of de-escalation.
Usage: The use of the less lethal shotgun may be deployed to limit the escalation of conflict
where employment of lethal force is prohibited or undesirable. The range of the weapon
system helps to maintain space between officers and a suspect and reduce the immediacy of
the threat, which is the principle of de-escalation. Situations for use of the less lethal weapon
system may include, but are not limited to self-destructive, dangerous, and/or combative
individuals, riot/crowd control and civil unrest incidents, circumstances where a tactical
advantage can be obtained, potentially vicious animals, and training exercises or approved
demonstrations.
Legal and Procedural Rules: The use of this equipment shall comply with the authorizations
and prohibitions set forth in GPD Policy Manual Section 308 (Use of Force). It is the policy of
the Gilroy Police Department to utilize the less lethal shotgun only for official law enforcement
purposes, and pursuant to state and federal law.
Training Requirements: All GPD officers are required to complete department training on the
Mossberg Model 590 less lethal shotgun system. GPD SWAT operators receive additional
department training on the use of less lethal shotgun operations.
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The Department currently possesses the following Less Lethal Shotgun(s):
Mossberg Model 590, 12-gauge shotgun
QUANTITY 10
LIFESPAN 25 years
INITIAL COST $620/unit
Manufacturer: Mossberg
Manufacturer Description: The Mighty 590. With decades of military and law enforcement
duty and countless performance and success stories under its belt, it’s no surprise that the 590
chosen for duty around the globe is also the ideal choice for home defense needs. With a
range of customized stock and sight features right out of the box, and three gauge offerings,
the ruggedly-built 590 lineup offers the variety of capacities, finishes, and configurations that
will best fit your needs.
(Description source: https://www.mossberg.com/firearms/shotguns/590.html)
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The Department currently possesses the following Less Lethal Shotgun ammunition:
Combined Tactical Systems Super-Sock Bean Bag
QUANTITY 150
LIFESPAN N/A
INITIAL COST $7/unit
Manufacturer: Combined Tactical Systems, Inc.
Manufacturer Description: The Model 2581 Super-Sock is in its deployed state immediately
upon exiting the barrel. It does not require a minimum range to “unfold” or “stabilize.” The
Super-Sock is an aerodynamic projectile, and its accuracy is relative to the shotgun, barrel
length, environmental conditions, and the operator. The Super-Sock is first in its class
providing the point control accuracy and consistent energy to momentarily incapacitate violent,
non- compliant subjects. Effective range is 75ft.
(Description source: https://www.combinedsystems.com/product/2581-12ga-super-sock-bean-
bag-priced-individually-per-cartridge-must-order-in-quantities-of-5/)
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Combined Tactical Systems LC5 Launching Cup
Combined Tactical Systems LC5 Launching Cup: A cup that attaches to the department’s
less lethal shotguns, which allows officers to launch canisters of chemical agents or smoke.
Capability: The Combined Tactical Systems LC5 Launching Cup is capable of being attached
to almost any 12-gauge shotgun, including GPD’s Mossberg 590 12-gauge less lethal
shotguns, and firing all Combined Tactical Systems 5 series munitions.
Usage: The use of the Combined Tactical Systems LC5 Launching Cup may be deployed to
limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
The range of the weapon system helps to maintain space between officers and a suspect and
reduce the immediacy of the threat, which is the principle of de-escalation. This system has
additional uses which include but are not limited to self-destructive, dangerous, and/or
combative individuals, riot/crowd control and civil unrest incidents, circumstances where a
tactical advantage can be obtained, potentially vicious animals, and training exercises or
approved demonstrations.
Legal and Procedural Rules: The use of this equipment shall comply with the authorizations
and prohibitions set forth in GPD Policy Manual Section 308 (Use of Force). It is the policy of
the Gilroy Police Department to utilize this equipment only for official law enforcement
purposes, and pursuant to state and federal law.
Training Requirements: Officers utilizing the launching cups are trained by California
P.O.S.T.- certified chemical agent instructors.
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Annual Military Equipment Use Report 2024
The Department currently possesses the following Launching Cup(s):
Combined Tactical Systems LC5 Launching Cup
QUANTITY 2
LIFESPAN 25 years
INITIAL COST $275/unit
Manufacturer: Combined Tactical Systems, Inc.
Manufacturer Description: The LC5 Launching Cups are designed for the 5200 series
grenades. The cups can be attached to virtually any 12ga shotgun, and the munition launched
with our model 2600 launching cartridge. These can be fired from most 12ga smooth bore
shotguns.
(Description Source: https://www.combinedsystems.com/product/lc5-and-lc6-launching-cups/)
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Diversionary Devices
Diversionary Devices: Canisters that emit a loud noise and bright light that is used to distract
dangerous persons.
Capability: A Diversionary device is ideal for distracting dangerous suspects during assaults,
hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric over-
pressure and brilliant white light and, as a result, a diversionary device can cause short-term (6
- 8 seconds) physiological/psychological sensory deprivation to give officers a tactical
advantage.
Usage: Diversionary devices are used during training and tactical events when a diversion or
distraction are believed to be an effective tool to bring an event to a safe resolution.
Diversionary devices shall only be used by officers who have been trained in their proper use,
in hostage and barricaded subject situations, in high-risk (search/arrest) warrant services
where there may be extreme hazards to officers, during other high-risk situations where their
use would enhance officer safety, and during training exercises.
Legal and Procedural Rules: The use of this equipment shall comply with the authorizations
and prohibitions set forth in GPD Policy Manual Section 308 (Use of Force). It is the policy of
the Gilroy Police Department to utilize diversion devices only for official law enforcement
purposes, and pursuant to state and federal law.
Training Requirements: Prior to using this equipment, officers must attend diversionary
device training that is conducted by California POST certified instructors.
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The Department currently possesses the following Diversionary Devices:
Combined Tactical Systems, 7290-2 Flash-Bang
QUANTITY 2
LIFESPAN N/A
INITIAL COST $52/unit
Manufacturer: Combined Tactical Systems, Inc.
Manufacturer Description: This is a non-bursting, non-fragmenting multi-bang device that
produces a thunderous bang with an intense bright light. Ideal for distracting dangerous
suspects during assaults, hostage rescue, room entry or other high risk arrest situations.
(Description Source: https://www.combinedsystems.com/product/7290-2-flash-bang-aluminum-
body-low-roll-doublebang-priced-individually-must-order-in-quantities-of-
12/#:~:text=7290%2D2%20%E2%80%93%20This%20is%20a,other%20high%20risk%20arres
t%20situations.)
Combined Tactical Systems, 7290M Mini Flash-Bang
QUANTITY 30
LIFESPAN N/A
INITIAL COST $42/unit
Manufacture: Combined Tactical Systems, Inc.
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Manufacture Description: The CTS 7290M Mini Flash-Bang is the newest generation in the
evolution of the Flash-Bang. Our Model 7290M Flash-Bang exhibits all the same attributes of
its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the
new 7290M is approximately 30% lighter than the 7290 but still has the same 180db output of
the 7290 and produces 6-8 million candela of light. The patented design of the 7290M,
incorporates a porting system that eliminates movement of the body at detonation even if the
top or bottom of the device should be in contact with a hard surface. In addition, internal
adjustments have greatly reduced smoke output.
(Description Source: https://www.combinedsystems.com/product/7290m-mini-bang-steel-body-
priced-individually-must-order-in-quantities-of-12/)
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Rifles and Munitions
Rifles: The rifle is a gun that is fired from shoulder level, having a longer, grooved barrel
intended to make bullets spin and thereby have greater accuracy over a long distance.
Capability: The rifle provides officers the ability to engage hostile suspects at distances
generally greater than the effective distance of their handguns. Additionally, rifles offer
advantages over handguns, such as increased accuracy potential and the ability to defeat soft
body armor. However, rifles are not appropriate for every situation.
Usage: To be used as precision weapons to address a threat with more precision and/or
greater distances than a handgun, if present and feasible.
Legal and Procedural Rules: The use of this equipment shall comply with the authorizations
and prohibitions set forth in GPD Policy Manual Section 308 (Use of Force). It is the policy of
the Gilroy Police Department to utilize rifles only for official law enforcement purposes, and
pursuant to state and federal law regarding the use of force.
Training Requirements: Prior to using a rifle, officers must be certified by POST instructors in
the operation of the rifle. Additionally, all members that operate any rifle are required to pass a
range qualification annually.
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The Department currently possesses the following rifles:
Colt M4 Commando
QUANTITY 11
LIFESPAN 10 years
INITIAL COST $1,222/unit
Manufacturer: Colt
Manufacturer Description: A rifle that fires an intermediate-power cartridge (5.56mm) which
is more powerful than a standard pistol but less powerful than a standard rifle. It is a short-
barreled rifle (10.5”) which allows a trained officer better control inside of structures with
greater accuracy than a handgun.
(Description Source: https://www.colt.com/)
Colt M4 Carbine
QUANTITY 5
LIFESPAN 10 years
INITIAL COST $1,062/unit
Manufacturer: Colt
Manufacturer Description: A rifle that fires an intermediate-power cartridge (5.56mm) which
is more powerful than a standard pistol but less powerful than a standard rifle. It is a short-
barreled rifle (14.5”) which allows a trained officer better control inside of structures with
greater accuracy than a handgun.
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(Description Source: https://www.colt.com/)
Remington 700
QUANTITY 5
LIFESPAN 10 years
INITIAL COST $2,160/unit
Manufacturer: Remington
Manufacturer Description: A bolt-action rifle with precision optics that fires a .308 Winchester
cartridge. The .308 rifle allows SWAT Snipers to accurately engage hostile suspects at great
distances. The .308 rifles are used exclusively by officers assigned to the SWAT Sniper Team.
These rifles are typically deployed with the SWAT Sniper Team during high-risk SWAT
operations and special events or instances wherein Sniper Over Watch Teams are needed.
(Description Source: https://www.remarms.com/rifles/bolt-action/model-700/)
Colt M16A1
QUANTITY 16
LIFESPAN 10 years
INITIAL COST No Cost/unit
Manufacturer: Colt
Manufacturer Description: The M16A1 rifle is a lightweight, air cooled, gas operated
magazine fed, and shoulder fired weapon that can be fired in semi-automatic.
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(Description Source: https://www.colt.com/detail-page/col-crm16a1-556-20-30rd)
Springfield M14
QUANTITY 1
LIFESPAN 10 years
INITIAL COST No Cost/unit
Manufacturer: Springfield
Manufacturer Description: The M14 served with distinction as the standard issued rifle of the
United States military after the revered M1 Garand. The windage and elevation adjustable rear
sight makes zeroing the rifle a pleasure, while the two-stage military trigger, detachable box
magazine, op-rod, and roller cam bolt provide functional ease of operation and faithful
reliability.
(Description Source: https://www.springfield-armory.com/m1a-series-rifles/m1a-standard-
issue-rifles)
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Chemical Agent and Smoke Canisters
Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are
released when deployed
Capability: Chemical agent and smoke canisters have a vast variety of individual capabilities
and applications. Chemical agent and smoke canisters carry the agent into the environment in
a variety of methods, including but not limited to a micro-pulverized solid (powder), a liquid mist
(fogger), a liquid or foam stream, burning pellets (smoke), pyrotechnic devices, and vapor
aerosols. Exposure to chemical agents normally causes no lasting effects. This equipment has
various indoor and outdoor capabilities and uses. Chemical agents shall be used with caution
and only by trained personnel.
Usage: Chemical agent and smoke canisters are used to limit the escalation of conflict where
employment of lethal force is prohibited or undesirable. Situations for use of the less lethal
weapon systems may include, but are not limited to, self-destructive individuals, dangerous
and/or combative individuals, riot/crowd control and civil unrest incidents, circumstances where
a tactical advantage can be obtained, potentially vicious animals, and in training exercises or
displayed during community events.
Legal and Procedural Rules: The use of this equipment shall comply with the authorizations
and prohibitions set forth in GPD Policy Manual Section 308 (Use of Force). It is the policy of
the Gilroy Police Department to utilize chemical agents only for official law enforcement
purposes, in accordance with the department’s Use of Force Policy, and pursuant to state and
federal law.
Training Requirements: GPD Officers utilizing chemical agent and smoke canisters are
certified by California POST less lethal and chemical agent instructors.
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The Department currently possesses the following chemical agent and smoke
canisters:
Defense Technology, Maximum HC Smoke Large Canister, #1073
QUANTITY 2
LIFESPAN 5 years
INITIAL COST $38/unit
Manufacturer: Safariland, LLC / Defense Technology
Manufacturer Description: The Maximum Smoke Grenade is designed specifically for
outdoor use in crowd control situations with a high volume continuous burn that expels its
payload in approximately 1.5 – 2 minutes through four gas ports located on the top of the
canister. This grenade can be used to conceal tactical movement or to route a crowd. The
volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.6 in.
and holds approximately 2.9 oz. of active agent.
(Description Source: https://www.defense-technology.com/product/maximum-smoke-hc-large-
style-canister/)
Combined Tactical Systems, White Smoke Canister Grenade, #8210
QUANTITY 6
LIFESPAN 5 years
INITIAL COST $24/unit
Manufacturer: Combined Tactical Systems
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Manufacturer Description: Small diameter pyrotechnic irritant smoke grenade for outdoor
use to disperse crowds. Emits smoke for up to 30 seconds and is small enough to carry in a
pocket. Can be hand thrown or launched.
(Description Source: https://www.combinedsystems.com/product/8210-white-smoke-tactical-
canister-grenade/)
Combined Tactical Systems, Riot CS Smoke Grenade, #8230
QUANTITY 30
LIFESPAN 5 years
INITIAL COST $32/unit
Manufacturer: Combined Tactical Systems
Manufacturer Description: The smallest diameter burning grenade that discharges a high
volume of smoke and chemical agent through multiple emission ports. Specifically for outdoor
use and it should not be deployed on rooftops, in crawl spaces or indoors due to fire producing
capability. Can be hand thrown or launched.
(Description Source: https://www.combinedsystems.com/product/8230-outdoor-tactical-
grenade-cs/)
Combined Tactical Systems, Riot CS Smoke Grenade, #6230
QUANTITY 7
LIFESPAN 5 years
INITIAL COST $40/unit
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Manufacturer: Combined Tactical Systems
Manufacturer Description: Pyrotechnic canister grenade emitting smoke through multiple
emission ports for 30 to 40 seconds. May be launched or hand thrown.
(Description Source: https://www.combinedsystems.com/product/6230-cs-canister-grenade/)
Combined Tactical Systems, Baffled Riot CS Smoke Grenade, #5230B
QUANTITY 30
LIFESPAN 5 years
INITIAL COST $40/unit
Manufacturer: Combined Tactical Systems
Manufacturer Description: Pyrotechnic grenade designed for indoor use delivering a
maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire.
(Description Source: https://www.combinedsystems.com/product/5230b-cs-baffled-canister-
grenade-pyro-low-flame-potential-2/)
Penn Arms, 37mm Single Shot Launcher, #SL1-37
QUANTITY 6
LIFESPAN 25 years
INITIAL COST $1575/unit
Manufacturer: Penn Arms
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Manufacturer Description: A single shot break open frame launcher with smooth bore barrel.
Features include: double-action trigger, trigger lock push button and hammer lock safeties,
47mm 1:47 twist rifled 12 inch barrel, combination weaver rail with ghost ring and bead sight,
overall length of 29 inches (742.95mm) with fixed stock, unloaded wight 5.906 lbs (2.67 kg),
utilizes 37mm munitions.
(Description Source: https://www.combinedsystems.com/product/l137-1-single-launcher-fixed-
stock-w-iron-sights-l1-37/)
Sage Control Ordinance, 37mm Rifled Barricade Penetrating, #BP5OC
QUANTITY 0
LIFESPAN 5 years
INITIAL COST $20/unit
Manufacturer: Sage Control Ordinance
Manufacturer Description: The BP5 is a non-pyrotechnic barricade penetrating munition
capable of delivering micro-pulverized chemical agents through barricades from a rifled 37mm
launcher. The BP5 achieves superior accuracy and penetration through a combination of
barrel rifling and projectile design. The projectile is made of frangible plastic and is filled with a
micro-pulverized powdered chemical agent. The BP5 is designed to penetrate windows, doors,
and other barriers. The micro-pulverized powder payload is released upon impact.
(Description Source: http://www.sageinternationalltd.com/SCOI/ammunition.html)
Sage Control Ordinance, 37mm Rifled Barricade Penetrating, #BP5CS
QUANTITY 0
LIFESPAN 5 years
INITIAL COST $20/unit
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Manufacturer: Sage Control Ordinance
Manufacturer Description: The BP5 is a non-pyrotechnic barricade penetrating munition
capable of delivering micro-pulverized chemical agents through barricades from a rifled 37mm
launcher. The BP5 achieves superior accuracy and penetration through a combination of
barrel rifling and projectile design. The projectile is made of frangible plastic and is filled with a
micro-pulverized powdered chemical agent. The BP5 is designed to penetrate windows, doors,
and other barriers. The micro-pulverized powder payload is released upon impact.
(Description Source: http://www.sageinternationalltd.com/SCOI/ammunition.html)
Sage Control Ordinance, 37mm Impact/Chemical, #K03OC
QUANTITY 0
LIFESPAN 5 years
INITIAL COST $20/unit
Manufacturer: Sage Control Ordinance
Manufacturer Description: The K03 is a direct-fire crush nose chemical impact baton round
that is designed to be used in situations where a combination of kinetic energy and chemical
agents is preferred for the incapacitation of hostile and/or non-compliant individuals. Upon
impact, the K03 projectile imparts blunt trauma and additionally releases a micro-pulverized
CS or OC powder payload as the baton nose is crushed.
(Description Source: http://www.sageinternationalltd.com/SCOI/ammunition.html)
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PepperBall Launchers and Projectiles
PepperBall Launcher: A device that discharges PAVA powder projectiles.
Capability: A PepperBall Launcher can quickly and accurately deploy small, non-lethal
projectiles (“Pepper Balls”) from an effective distance of 150 feet, that produce a chemical that
can rapidly produce sensory irritation or disabling physical effects in humans, which disappear
within a short time following termination of exposure.
Usage: PepperBall equipment is used to limit the escalation of conflict where employment of
lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems
may include but, are not limited to self-destructive individuals, dangerous and/or combative
individuals, riot/crowd control and civil unrest incidents, circumstances where a tactical
advantage can be obtained, potentially vicious animals, and in training exercises or displayed
during community events.
Legal and Procedural Rules: The use of this equipment shall comply with the authorizations
and prohibitions set forth in GPD Policy Manual Section 308 (Use of Force). It is the policy of
the GPD to utilize PepperBall Launchers only for official law enforcement purposes, and
pursuant to state and federal law.
Training Requirements: GPD officers utilizing PepperBall launchers and projectiles are
trained in their use by California POST certified less lethal and chemical agent instructors.
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The Department currently possesses the following PepperBall equipment:
PepperBall FTC Launcher
QUANTITY 6
LIFESPAN 20 years
INITIAL COST $499/unit
Manufacturer: PepperBall
Manufacturer Description: Compact and lightweight, the PepperBall FTC is the industry gold
standard for crowd-control and other applications where accuracy and reliability is a factor. The
FTC features a modular design with a rapid feeding loader and firing rate of 10-12 RPS.
(Description Source: https://store-c19drjba2a.mybigcommerce.com/content/PEP-21006-FTC-
Specs.pdfhttps://shop.pepperball.com/products/pepperball-vks%E2%84%A2- carbine)
PepperBall Live Projectile
QUANTITY 1000
LIFESPAN 3 years
INITIAL COST $2/unit
Manufacturer: PepperBall
Manufacturer Description: The live PepperBall® round contains 2.0% PAVA. It is effective
for direct impact and area saturation when there is no line of sight. PAVA is based on one of
the hottest of the six capsaicinoids found in pepper plants. PepperBall products contain only
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safe, pure, non-oil based PAVA and are non-flammable. Ingredient consistency ensures each
projectile operates with quality and effectiveness.
(Description Source: https://pepperball.com/projectiles/pepperball-live/)
PepperBall Live Projectile
QUANTITY 1000
LIFESPAN 3 years
INITIAL COST $0.80/unit
Manufacturer: PepperBall
Manufacturer Description: The inert PepperBall® round contains harmless, scented powder.
This projectile is best suited for training, qualifications, and direct impact when chemical
exposure is not desired.
(Description Source: https://pepperball.com/projectiles/pepperball-inert/)
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Conclusion
The acquisition and use of military equipment in our communities may impact the
public’s safety and welfare. The public has a right to know about any funding, acquisition, or
use of military equipment by local government officials, as well as a right to participate in the
local government’s decision to fund, acquire, or use such equipment. When making decisions
regarding how military equipment is funded, acquired, or used, the Gilroy Police Department
gives strong consideration to the public’s welfare, safety, civil rights, and civil liberties.
In a continued effort for greater transparency, the Gilroy Police Department places high
regard to meaningful public input in the use of military equipment in our community, in an effort
to increase the safety of the public. Any member of the public can submit a question or
concern regarding military equipment use by contacting the Gilroy Police Department’s
Administrative Division via email at complaintscompliments@cityofgilroy.org. The Department
will strive to provide a timely response to the community’s questions and concerns regarding
the use of military equipment.
Any member of the public can submit a complaint to any member of the Department
and in any form (i.e., in person, telephone, email, etc.). Once the complaint is received, it
should be routed to the Administrative Division.
Page 156 of 255
City of Gilroy
STAFF REPORT
Agenda Item Title:Acceptance of Cash and Investment Report as of March 31,
2025
Meeting Date:May 19, 2025
From: Jimmy Forbis, City Administrator
Department:Finance
Submitted by:Harjot Sangha, Finance Director
Prepared by:Rosemary Guerrero, Finance Manager
STRATEGIC PLAN GOALS:Develop a Financially Resilient Organization
RECOMMENDATION
Accept and file the cash and investment report as of March 31, 2025.
BACKGROUND
The quarterly investment reports are prepared pursuant to the City’s investment policy
to keep the City Council apprised of the City’s investment activities.
ANALYSIS
As of December 31, 2025, the City’s cash and investments totaled $189.5 million, of
which primary investments include: $52.4 million in the Local Agency Investment Fund
(LAIF), $108.6 million in US Treasury securities, and $27.3 million in the California
CLASS PRIME Fund. The fiscal year interest earnings are $6.4 million, which includes
accrued interest as well as amortization of the discount on the US Treasury securities.
The effective rate of return is 4.5%.
In addition, approximately $14.5 million is held by Fiscal Agents in the Trustee capacity
for various bond issues such as bond proceeds, debt service reserves, bond payments,
and other post-employment benefits (OPEB) and pensions. The majority of this balance
($8.9 million) consists of the City of Gilroy’s share of the Acquisition and Construction
Funds for the SCRWA Plant Expansion Project, and the remaining portion primarily
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consists of the Section 115 Trusts for OPEB and pension ($5.4 million).
ALTERNATIVES
None.
FISCAL IMPACT/FUNDING SOURCE
There are no direct fiscal impacts to receiving and filing the quarterly cash and
investment report. This is an activity included in the Finance Department’s annual
workplan.
Attachments:
1. Investment Report 3-31-2025- Signed
Page 158 of 255
City of Gilroy
investment report
march 2025
Page 159 of 255
TABLE OF CONTENTS
1.PORTFOLIO SUMMARY REPORT..........................................................................................1 - 3
2.INVESTMENTS BY ISSUER REPORT...................................................................................4 - 5
3 INVESTMENT ACTIVITY……………………………………………………………………………..6 - 7
4.QUARTERLY MOVEMENT OVER THE LAST TWELVE MONTHS........................................8
5.MOVEMENT OVER THE LAST TWO YEARS - GRAPHICAL PRESENTATION....................9
6.INVESTMENT PORTFOLIO - GRAPHICAL PRESENTATION................................................10 - 11
7.INTEREST EARNINGS: FISCAL YEARS 2015 - 2025............................................................ 12
8.MONIES HELD BY FISCAL AGENTS REPORT………….……...............................................13
Page 160 of 255
City of Gilroy
Portfolio Management
March 31, 2025
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
(408)846-0294
Portfolio Summary
% of
Portfolio
Book
ValueInvestmentsMarket
Value
Par
Value
Days to
MaturityTerm
YTM
360 Equiv.
YTM
365 Equiv.
LAIF 52,367,619.00 127.82 4.241152,367,619.0052,367,619.00 4.300
Treasury Notes Securities 108,566,844.50 52757.68 4.573260108,725,516.69110,060,500.00 4.636
Other Banks-Misc.Account-Petty Cash 27,285,683.61 114.50 4.351127,285,683.6127,285,683.61 4.412
188,220,147.11 100.00%Investments 188,378,819.30189,713,802.61 305 150 4.448 4.510
Cash
(not included in yield calculations)
Passbook/Checking 1,258,021.97 1 0.00011,258,021.971,258,021.97 0.000
189,478,169.08Total Cash and Investments 189,636,841.27190,971,824.58 305 150 4.448 4.510
Current Year
March 31
730,501.50
Fiscal Year To Date
6,373,307.26
Average Daily Balance
Effective Rate of Return
191,935,543.68 187,843,692.52
4.52%4.48%
Total Earnings Month Ending
6 Month T-Bill Benchmark:4.08%
NOTES:
1. See "Monies Held by Fiscal Agents" for additional amounts held in the capacity of a trustee.
2. The Maturity Aging Factor of the City's Portfolio = 5.00 months.
3. The unrealized gain resulting from an increase in Market Values obtained from U.S. Bank of all Securities (excluding LAIF) = $158,672
4. The LAIF balance shown includes $5,738,756 in bond proceeds from the Gilroy Library 2010 Bonds that can be used exclusively for the construction of the library.
This is to certify that this schedule of investments is in compliance with the City of Gilroy's investment policy and that there are adequate funds available to meet the City's budgeted and actual expenses for
the next six months.
__________________________________________________ ____________________
Harjot Sangha, Finance Director
Reporting period 07/01/2024-03/31/2025
Page 1 of 13
05/02/2025
Page 161 of 255
YTM
365Par Value Book Value
Maturity
Date
Stated
RateMarket Value
March 31, 2025
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
City of Gilroy
Days to
Maturity
YTM
360CUSIPInvestment #
Purchase
Date
LAIF
4.400LAIF - City of GilroyLAIF01 37,894,654.82 37,894,654.82 4.40037,894,654.82 4.340SYSLAIF01 1
4.400LAIF - Industrial Dev. Auth.LAIF03 8,734,208.55 8,734,208.55 4.4008,734,208.55 4.340SYSLAIF03 1
4.400LAIF LIBRARYLAIF05 5,738,755.63 5,738,755.63 4.4005,738,755.63 4.340LAIF05 1
52,367,619.00 4.34052,367,619.0052,367,619.0052,061,167.39Subtotal and Average 4.400 1
Treasury Notes Securities
4.949USB-11 8,186,000.00 8,179,368.57 04/30/20253.87507/31/2023 8,182,398.16 4.88191282CGX3 29
5.039USB-14 8,915,000.00 8,781,097.09 07/31/20250.25011/07/2023 8,795,449.85 4.97091282CAB7 121
5.129USB-17 646,000.00 644,898.38 04/30/20252.87511/07/2023 645,237.72 5.0599128284M9 29
4.429USB-20 9,294,000.00 9,323,214.14 10/31/20255.00001/31/2024 9,336,380.64 4.36891282CJE2 213
5.122USB-21 9,905,300.00 9,893,416.21 07/31/20254.75004/30/2024 9,919,266.47 5.05291282CHN4 121
5.138USB-22 10,747,600.00 10,708,446.54 04/30/20250.37504/30/2024 10,713,852.54 5.067912828ZL7 29
4.786USB-23 868,700.00 856,092.57 07/31/20250.25007/31/2024 857,050.73 4.72091282CAB7 121
4.670USB-24 10,461,900.00 10,203,101.98 10/31/20250.25007/31/2024 10,227,134.96 4.60691282CAT8 213
4.562USB-25 10,092,000.00 9,755,362.73 01/31/20260.37507/31/2024 9,785,001.36 4.49991282CBH3 305
4.236USB-26 9,694,000.00 9,694,758.18 01/31/20264.25010/31/2024 9,704,081.76 4.17891282CJV4 305
4.216USB-27 20,000,000.00 19,277,088.11 04/30/20260.75001/31/2025 19,308,200.00 4.15891282CBW0 394
4.420
U. S. TREASURY NOTES
U. S. TREASURY NOTES
U. S. TREASURY NOTES
U. S. TREASURY NOTES
U. S. TREASURY NOTES
U. S. TREASURY NOTES
U. S. TREASURY NOTES
U. S. TREASURY NOTES
U. S. TREASURY NOTES
U. S. TREASURY NOTES
U. S. TREASURY NOTES
FEDERAL HOME LOANUSB-28 11,250,000.00 11,250,000.00 02/04/20274.42002/04/2025 11,251,462.50 4.3593130B4XH9 674
108,566,844.50 4.573108,725,516.69110,060,500.00108,462,748.66Subtotal and Average 4.636 260
Other Banks-Misc.Account-Petty Cash
4.412California ClassCLASS 27,285,683.61 27,285,683.61 4.41227,285,683.61 4.351CLASS PRIME 1
27,285,683.61 4.35127,285,683.6127,285,683.6128,067,935.59Subtotal and Average 4.412 1
4.476191,906,109.51 189,713,802.61 4.538 150188,378,819.30 188,220,147.11Total and Average
Page 2 of 13
Page 162 of 255
YTM
365Par Value Book Value
Stated
RateMarket Value
March 31, 2025
Portfolio Details - Cash
Average
BalanceIssuer
Portfolio Management
City of Gilroy
Days to
Maturity
YTM
360CUSIPInvestment #
Purchase
Date
Wells Fargo Checking
0.000WELLS FARGOWELLS FARGO 1,014,373.96 1,014,373.961,014,373.96 0.000SYSWFB 1
Other Banks-Misc.Account-Petty Cash
0.000CHASE BANKUNDERCOV 698.30 698.3007/01/2024 698.30 0.000SYSUNDERCOV 1
0.000MUFG / UNION BANKMUFG 0.00 0.0007/01/2024 0.00 0.000SYS/MUFG 1
0.000PETTY CASHPETTY 2,661.56 2,661.5607/01/2024 2,661.56 0.000SYSPETTY 1
0.000U. S. BANKUSB-CASH 21,347.16 21,347.1607/01/2024 21,347.16 0.000SYS/USBANK 1
0.000WELLS FARGOBAIL 0.00 0.0007/01/2024 0.00 0.000SYSBAIL 1
0.000WELLS FARGODISCOVERY 131,208.54 131,208.5407/01/2024 131,208.54 0.000SYSDISCOVERY 1
0.000WELLS FARGOICS 86,137.45 86,137.4507/01/2024 86,137.45 0.000SYSICS 1
0.000WORKING CASHWORKING 1,595.00 1,595.0007/01/2024 1,595.00 0.000SYSWORKING 1
0.00
4.448191,935,543.68 190,971,824.58 4.510 150
1Average Balance
189,636,841.27 189,478,169.08Total Cash and Investments
Page 3 of 13
Page 163 of 255
City of Gilroy
Investments by Issuer
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
(408)846-0294
Grouped by Type - Sorted by Issuer
Active Investments
March 31, 2025
Market
DateMarket Value
Redemption
DateSecurity Type
Current
Rate
Call
Date CollateralCUSIPInvestment #
Investment
Class
YTM
365Book Value
Type: CHECKING ACCOUNTS
CHASE BANK
698.30UNDERCOVSYSUNDERCOV 1Other Banks-Misc.Account-Petty Cash Fair 03/31/2025698.30
698.30698.30Subtotal and Average 1
California Class
27,285,683.61CLASSCLASS PRIME 14.412Other Banks-Misc.Account-Petty Cash Fair 03/31/2025 4.41227,285,683.61
27,285,683.61 4.41227,285,683.61Subtotal and Average 1
LAIF - City of Gilroy
37,894,654.82LAIF01SYSLAIF01 14.300LAIFFair 03/31/2025 4.30037,894,654.82
37,894,654.82 4.30037,894,654.82Subtotal and Average 1
LAIF - Industrial Dev. Auth.
8,734,208.55LAIF03SYSLAIF03 14.300LAIFFair 03/31/2025 4.3008,734,208.55
8,734,208.55 4.3008,734,208.55Subtotal and Average 1
LAIF LIBRARY
5,738,755.63LAIF05LAIF05 14.300LAIFFair 03/31/2025 4.3005,738,755.63
5,738,755.63 4.3005,738,755.63Subtotal and Average 1
MUFG / UNION BANK
0.00MUFGSYS/MUFG 1Other Banks-Misc.Account-Petty Cash Fair 0.00
0.000.00Subtotal and Average
PETTY CASH
2,661.56PETTYSYSPETTY 1Other Banks-Misc.Account-Petty Cash Fair 03/31/20252,661.56
2,661.562,661.56Subtotal and Average 1
U. S. BANK
21,347.16USB-CASHSYS/USBANK 1Other Banks-Misc.Account-Petty Cash Fair 03/31/202521,347.16
Page 4 of 13
Page 164 of 255
Market
DateMarket Value
Redemption
DateSecurity Type
Current
Rate
Call
Date Collateral
Grouped by Type - Sorted by Issuer
Investments by Issuer
City of Gilroy
CUSIP Investment #
Investment
Class
YTM
365Book Value
21,347.1621,347.16Subtotal and Average 1
WELLS FARGO
1,014,373.96WELLS FARGOSYSWFB 1Wells Fargo Checking Fair 03/31/20251,014,373.96
0.00BAILSYSBAIL 1Other Banks-Misc.Account-Petty Cash Fair 0.00
131,208.54DISCOVERYSYSDISCOVERY 1Other Banks-Misc.Account-Petty Cash Fair 03/31/2025131,208.54
86,137.45ICSSYSICS 1Other Banks-Misc.Account-Petty Cash Fair 03/31/202586,137.45
1,231,719.951,231,719.95Subtotal and Average 1
WORKING CASH
1,595.00WORKINGSYSWORKING 1Other Banks-Misc.Account-Petty Cash Fair 03/31/20251,595.00
1,595.001,595.00Subtotal and Average 1
Type: NOT CALLABLE
U. S. TREASURY NOTES
8,182,398.16USB-1191282CGX3 293.875Fair 04/30/202503/31/2025 4.9498,179,368.57
8,795,449.85USB-1491282CAB7 1210.250Fair 07/31/202503/31/2025 5.0398,781,097.09
645,237.72USB-179128284M9 292.875Fair 04/30/202503/31/2025 5.129644,898.38
9,336,380.64USB-2091282CJE2 2135.000Fair 10/31/202503/31/2025 4.4299,323,214.14
9,919,266.47USB-2191282CHN4 1214.750Fair 07/31/202503/31/2025 5.1229,893,416.21
10,713,852.54USB-22912828ZL7 290.375Fair 04/30/202503/31/2025 5.13810,708,446.54
857,050.73USB-2391282CAB7 1210.250Fair 07/31/202503/31/2025 4.786856,092.57
10,227,134.96USB-2491282CAT8 2130.250Fair 10/31/202503/31/2025 4.67010,203,101.98
9,785,001.36USB-2591282CBH3 3050.375Fair 01/31/202603/31/2025 4.5629,755,362.73
9,704,081.76USB-2691282CJV4 3054.250Fair 01/31/202603/31/2025 4.2369,694,758.18
19,308,200.00USB-2791282CBW0 3940.750Fair 04/30/202603/31/2025 4.21619,277,088.11
11,251,462.50USB-283130B4XH9 6744.420
Treasury Notes Securities
Treasury Notes Securities
Treasury Notes Securities
Treasury Notes Securities
Treasury Notes Securities
Treasury Notes Securities
Treasury Notes Securities
Treasury Notes Securities
Treasury Notes Securities
Treasury Notes Securities
Treasury Notes Securities
Federal Home Loan Fair 02/04/202703/31/2025 4.42011,250,000.00
108,725,516.69 4.636108,566,844.50Subtotal and Average 259
189,636,841.27 4.480189,478,169.08Total and Average 149
Page 5 of 13
Page 165 of 255
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
(408)846-0294
City of Gilroy
Purchases Report
Sorted by Type - Type
January 1, 2025 - March 31, 2025
Original
Par Value
Ending
Book Value
Sec.
TypeType
Maturity
YTM
Accrued Interest
at PurchasePayment Periods DateCUSIPInvestment #Issuer
Purchase
Date
Principal
Purchased
Rate at
Purchase
NOT CALLABLE
20,000,000.00 0.750 04/30/2026 19,277,088.1119,167,000.00 38,121.5501/31/2025 4.21604/30 - 10/31USTNUSB-2791282CBW0 TRCNOT
11,250,000.00 4.420 02/04/2027 11,250,000.0011,250,000.0002/04/2025 4.42008/04 - 02/04USB-283130B4XH9 TRC FHLBNOT
Subtotal 30,527,088.1130,417,000.00 38,121.5531,250,000.00
30,417,000.00Total Purchases 31,250,000.00 38,121.55 30,527,088.11
Page 6 of 13
Page 166 of 255
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
(408)846-0294
City of Gilroy
Maturity Report
Sorted by Maturity Date
Amounts due during January 1, 2025 - March 31, 2025
Rate
at MaturityPar Value
Sec.
TypeType
Maturity
Date
Maturity
ProceedsInterest Income
Net
CUSIP Investment #Issuer
Purchase
Date
Book Value
at Maturity
11,000,000.00 4.501 11,000,000.00500,610.0001/25/2024USTBUSB-19912797JR9 ATDNOT 01/23/2025 0.0011,000,000.00
8,419,000.00 1.375 8,476,880.6357,880.6305/01/2023USTNUSB-10912828Z52 TRCNOT 01/31/2025 57,880.638,419,000.00
506,000.00 2.500 512,325.006,325.0011/07/2023USTNUSB-159128283V0 TRCNOT 01/31/2025 6,325.00506,000.00
19,989,205.63Total Maturities 19,925,000.00 564,815.6319,925,000.00 64,205.63
Page 7 of 13
Page 167 of 255
DESCRIPTION JUN SEP Dec Mar % of Total
2024 2024 2024 2025 Dec
LAIF:
CITY OF GILROY 42,981,586 29,247,773 42,446,881 37,894,655 20.13%
GILROY INDUSTRIAL DEV AGENCY 8,340,144 8,532,782 8,633,796 8,734,209 4.64%
GILROY LIBRARY 2010 BOND 5,543,745 5,606,295 5,672,780 5,738,756 3.05%
SUB TOTAL 56,865,475 43,386,850 56,753,457 52,367,619 27.82%
CALIFORNIA CLASS 27,751,932 26,626,920 26,991,063 27,285,684 14.50%
US GOVERNMENTAL AGENCIES:
TREASURY NOTES SECURITIES 82,669,517 83,773,381 86,486,293 108,566,845 57.68%
TREASURY BILL-AMORTIZING 22,757,163 23,040,185 10,969,743 - 0.00%
SUB TOTAL 105,426,680 106,813,566 97,456,037 108,566,845 57.68%
GRAND TOTAL (Book Value)190,044,087 176,827,336 181,200,557 188,220,147 100.00%
Quarterly Movement over the Last 4 Quarters
Page 8 of 13
Page 168 of 255
0
20,000,000
40,000,000
60,000,000
80,000,000
100,000,000
120,000,000
140,000,000
160,000,000
180,000,000
200,000,000
March
2023
June
2023
September
2023
December
2023
March
2024
June
2024
September
2024
December
2024
March
2025
City of Gilroy
Investments From:
March 31, 2023 to March 31, 2025
LAIF CALIFORNIA CLASS US GOVT. AGENCIES
Page 9 of 13
Page 169 of 255
LAIF, $52M, 28%
California Class, $27M, 14%
Treasury Notes Securities,
$109M, 57%
Cash or Equivalent, $1M, 1%
Book Value by Investment Type
As of March 31, 2025
Value of Portfolio: $189,478,169
Page 10 of 13
Page 170 of 255
LAIF, CA Class, Bank Checking
Accounts, $80M, 43%
Short Term (less than 1 year),
$78M, 41%
Medium Term (1 to 5 years),
$31M, 16%
Value of Portfolio: $189,478,169
Portfolio By Maturity
As Of March 31, 2025
Page 11 of 13
Page 171 of 255
0
1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
8,000,000
9,000,000
14/15 15/16 16/17 17/18 18/19 19/20 20/21 21/22 22/23 23/24 24/25 est*
Interest Earnings
Fiscal Years
*Estimate of full year interest earnings for FY24/25
City of Gilroy
Interest Earnings FY2015 - FY2025
Page 12 of 13
Page 172 of 255
CITY OF GILROY
MONIES HELD BY FISCAL AGENTS
DESCRIPTION VALUE **
AS OF 3/31/25
HIGHWAY 152 SPECIAL TAX BONDS SERIES 2018
SPECIAL TAX FUND - Bond REVENUE - HELD BY U.S. BANK - GL Acct 810-10435
GOLDMAN SACHS MONEY MARKET FUND #466, CUSIP #3814W265 6,722.92
RESERVE FUND - HELD BY U.S. BANK - GL Acct 810-10430
GOLDMAN SACHS MONEY MARKET FUND #466, CUSIP #3814W265 291,494.17
SPECIAL TAX FUND - INTEREST ACCOUNT - HELD BY U.S. BANK - GL Acct 810-10550
GOLDMAN SACHS MONEY MARKET FUND #466, CUSIP #3814W265 0.00
SPECIAL TAX FUND - PRINCIPAL ACCOUNT - HELD BY U.S. BANK - GL Acct 810-10445
GOLDMAN SACHS MONEY MARKET FUND #466, CUSIP #3814W265 0.00
GILROY PUBLIC FACILITIES FINANCING AUTHORITY REFUNDING LEASE REV BONDS 2020A
REVENUE FUND - HELD BY U.S. BANK - GL Acct 520-10435
GOLDMAN SACHS FINANCIAL SQUARE MMKT #466, CUSIP #38141W265 1,113.06
INTEREST ACCOUNT - HELD BY U.S. BANK - GL Acct 520-10440
GOLDMAN SACHS FINANCIAL SQUARE MMKT #466, CUSIP #38141W265 2.06
PRINCIPAL ACCOUNT - HELD BY U.S. BANK - GL Acct 520-10445
GOLDMAN SACHS TR FINL SQ GV ADM #466, CUSIP #38141W265 4.50
GILROY PUBLIC FACILITIES FINANCING AUTHORITY REFUNDING LEASE REV BONDS 2022A
INTEREST ACCOUNT - HELD BY U.S. BANK - GL Acct 510-10440
FIRST AM.GOVT OB FD CL D, CUSIP #31846V401, U.S. TREASURY BILL #912796C31 237.97
PRINCIPAL ACCOUNT - HELD BY U.S. BANK - GL Acct 510-10445
FIRST AM.GOVT OB FD CL D, CUSIP #31846V401, U.S. TREASURY BILL #912796C31 1,096.73
GILROY PUBLIC FACILITIES FINANCING AUTHORITY WASTEWATER REV BONDS 2021A
BOND PAYMENT FUND - HELD BY U.S. BANK - GL ACCT 700-10428
FIRST AM.GOVT OB FD CL D, CUSIP #31846V401, U.S. TREASURY BILL #912796C31,872.08
ACQUISITION AND CONSTRUCTION FUND - HELD BY U.S. BANK - GL Acct 700-10426
LAIF MONEY MARKET FUND #5399989H9 8,875,497.91
GILROY POST - SECTION 115 TRUST HELD BY PARS
OPEB 998,004.72
PENSION 4,362,711.40
TOTAL 14,537,757.52
** Market Values
Page 13 of 13
Page 173 of 255
City of Gilroy
STAFF REPORT
Agenda Item Title:Adopt a Resolution Approving the Fiscal Year 2025-26 Road
Rehabilitation Projects for Funding by Senate Bill 1, the Road
Repair and Accountability Act of 2017 Funds
Meeting Date:May 19, 2025
From: Jimmy Forbis, City Administrator
Department:Public Works
Submitted by:John Doughty, Public Works Director
Prepared by:Julie Oates, Engineer
STRATEGIC PLAN GOALS:Maintain and Improve City Infrastructure
RECOMMENDATION
Adopt a Resolution of the City Council of the City of Gilroy adopting a list of projects for
Fiscal Year 2025-26 to be funded by SB 1: The Road Repair and Accountability Act of
2017.
BACKGROUND
Senate Bill 1, (SB 1) (Beall, Chapter 5, Statutes of 2017), The Road Repair and
Accountability Act of 2017 provides significant, stable, and ongoing state transportation
funding. These are funds dedicated to fixing aging roads and bridges, improving goods
movement, and reducing traffic congestion. SB 1 is anticipated to generate $54 billion
over the ten years following voter approval, split between state and local agencies.
SB 1 enables cities and counties to address significant maintenance, rehabilitation, and
safety needs on their local streets and roads system. SB 1 provides approximately $1.5
billion per year for local streets and roads. In providing this funding, the Legislature has
increased the role of the California Transportation Commission (Commission), including
oversight of SB 1 based on the development of guidelines, review of project lists
submitted by cities and counties, reporting to the State Controller, and receiving reports
on completed projects.
Page 174 of 255
In June 2024, Council approved a resolution and a list of projects to be constructed
using the FY25 funding. The FY25 program is expected to be completed in the fall of
2025. The updated list of proposed street segments for paving using FY2025-26 SB 1
funding, consistent with the Council-adopted 5-year paving program, is attached.
To date, the City has received $6,204,696 from the State Controller of SB 1 funds.
ANALYSIS
To receive the available SB 1 funds, the City must adopt the list of SB 1 funded
pavement maintenance projects through a resolution. “Projects”, in this case, means a
list of streets that we anticipate will receive pavement maintenance with SB 1 funds.
Pavement maintenance can be done in one project or combined with other planned
pavement maintenance projects. A resolution, listing the streets to be included in the
annual SB 1 funded project, is due to the Commission by July 1, 2025.
The street segments were selected using the City’s StreetSaver pavement management
program and using the Council-directed blended system to identify streets for
rehabilitation. Street segments are selected to provide the greatest improvement in the
average Pavement Condition Index (PCI) for a given funding level. Staff also considers
Average Daily Traffic (ADT), Street Functional Classifications (Residential, Collector, or
Arterial), current Pavement Condition Index (PCI), types of treatment required, and
geographic equity when selecting streets for inclusion on this list.
ALTERNATIVES
Council may amend the resolution identifying the projects for funding. This is not
recommended, as the project list is developed utilizing the methodology outlined above
to develop the list, pulling in several different source data to help maximize the
effectiveness of the street segment improvements throughout the City's streets and
roads network.
FISCAL IMPACT/FUNDING SOURCE
The FY 2025-26 SB 1 Road Maintenance and Rehabilitation Account (RMRA) projected
revenues of $1.6 million are included as a revenue source for Fund 210 (Road
Maintenance and Rehab) in the City’s CIP under Annual Citywide Pavement
Rehabilitation Project No. 800060 as part of the FY 2025-26 project budget.
SB 1 requires that cities maintain a minimum level of General Fund spending on streets
and roads, at levels equal to or greater than their annual average expenditures during
FY10, FY11, and FY12, which is known as the “maintenance of effort” (MOE)
requirement. The bill authorizes the State Controller’s Office to audit local governments
for compliance and subject local governments to reimbursing the state for non-
compliance. For Gilroy, per the State Controller’s Office, this amounts to approximately
Page 175 of 255
$1.2 million annually from the General Fund (which is the average of 3-year
expenditures on street maintenance from FY10 - FY12). The City will meet the required
MOE for FY26 as it typically expends more than the required $1.2 million within the
street maintenance program funded by the General Fund, and in addition, expends
Measure B, SB1, and other Gas Tax funds for the annual pavement rehabilitation
project.
NEXT STEPS
The attached resolution, once approved, will be sent to the California Transportation
Commission for approval to allow the City of Gilroy to receive its share of the SB 1 local
pavement maintenance funding.
Attachments:
1. Draft Resolution No. 2025-XX
Page 176 of 255
RESOLUTION 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY ADOPTING A LIST OF PROJECTS FOR FISCAL
YEAR 2025-26 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017
(Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor
in April 2017 to address the significant multi-modal transportation funding shortfalls statewide;
and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure
the residents of our City are aware of the projects proposed for funding in our community and
which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive
fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by
SB 1, which must include a description and the location of each proposed project, a proposed
schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Gilroy will receive an estimated $1,601,310 in RMRA funding
in Fiscal Year 2025-26 from SB 1; and
WHEREAS, this is the ninth year in which the City is receiving SB 1 funding and will
enable the City to continue essential road maintenance and rehabilitation projects, safety
improvements, repairing and replacing aging bridges, and increasing access and mobility options
for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into
our community’s transportation priorities/the project list, including the implementation of an
online service request portal called “Gilroy Connect” which is available on the City’s website
and as a standalone mobile application, and allows residents to submit, track, and monitor
requests, including requests for street maintenance and rehabilitation; and
WHEREAS, the City used a Pavement Management System to develop the SB 1 project
list to ensure revenues are being used on the most high-priority and cost-effective projects that
also meet the communities priorities for transportation investment by considering pavement
condition, traffic volumes, complete streets, and prioritizing streets in critical disrepair; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate
approximately 720,000 square feet of pavement on major collectors and arterials and work
towards implementing the complete streets ordinance; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment
found that the City’s streets and roads are in good condition, and this revenue will help us
increase the overall quality of our road system and keep our streets and roads in good condition;
and
Page 177 of 255
WHEREAS, the SB 1 project list and overall investment in our local streets and roads
infrastructure with a focus on basic maintenance and safety, investing in complete streets
infrastructure, and using cutting-edge technology, materials and practices, will have significant
positive co-benefits for those who live, work, and visit the City of Gilroy.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City
Council of the City of Gilroy, as follows:
1. The foregoing recitals are true and correct.
2. The following list of newly proposed projects will be funded in-part or solely with Fiscal
Year 2025-26 Road Maintenance and Rehabilitation Account revenues:
Project Title: FY26 Citywide Pavement Rehabilitation Project
Project Description: Milling and placement of asphalt concrete pavement;
adjustment of utilities to grade; roadway striping, signage, and markings; traffic
signal loop replacement; and other incidental work.
Project Location: The following locations identified are subject to change based on
priority needs or available funding: Mantelli Dr from Santa Teresa Blvd to Church
St, Monterey Road from Eighth St to Tenth St, Murray Ave from I.O.O.F. Ave to
Chestnut St, and Sixth St from Wren Ave to Church St.
Estimated Project Schedule: Start in May 2026 to Completion in September 2026
based on the component being funded with RMRA funds
Estimated Project Useful Life: 5 to 10 years
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular
meeting duly held this 19th day of May, 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Greg Bozzo, Mayor
ATTEST:
_______________________
Bryce Atkins, City Clerk’s Office
Page 178 of 255
City of Gilroy
STAFF REPORT
Agenda Item Title:Approve the Amended and Restated Funding Agreement
Between the City of Gilroy and Santa Clara Valley
Transportation Authority for the 2016 Measure B Bicycle and
Pedestrian Education and Encouragement Program
Meeting Date:May 19, 2025
From: Jimmy Forbis, City Administrator
Department:Administration
Submitted by:Bryce Atkins, Assistant to the City Administrator
Prepared by:Bryce Atkins, Assistant to the City Administrator
STRATEGIC PLAN GOALS:Not Applicable
RECOMMENDATION
Council approve the agreement.
BACKGROUND
In November 2016, Santa Clara County voters approved 2016 Measure B, a 30-year,
half-cent countywide sales tax devoted to enhancing transit, highways, expressways,
and active transportation (bicycles, pedestrian, and complete streets) within Santa Clara
County. The ballot states that: (A) Santa Clara Valley Transportation Authority (VTA)
would be the administrator of the tax; and (B) 2016 Measure B revenues would fund
nine defined program categories of transportation projects. The VTA Board of Directors
is responsible for 2016 Measure B policy decisions.
One of these program categories is Bicycle Pedestrian Education and Encouragement
funding ("Bike and Ped EE"). The City has been the recipient of these funds in years
past, and has funded such projects as bike helmets, Bike to Wherever Day events, face
masks, and most recently the Bicycle Pedestrian GIS Project. This large project
consumed the remaining funds in the Measure B Bike and Ped EE and has the next two
years' worth of allocations earmarked to complete the reimbursement for the funds
expended on this project.
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Funding was secured through a contract between VTA and participating cities. The
agreement currently establishing the City's access to these funds is set to expire at the
end of June.
ANALYSIS
The existing agreement is set to expire at the end of June 2025. There is a need to
ensure that the City maintains eligibility to receive the funding, including completion of
the reimbursement for funding spent, and a need for VTA to issue out the funds that are
collected under Measure B to be allocated to the City. There are no financial
contributions required by the City to access these funds, and no drawbacks to entering
into the agreement. Furthermore, there are no significant program changes, as the
agreement establishes rules and procedures as they are performed and directed by
VTA currently. Therefore, staff recommends the City Council approve of entering into
the agreement. Funding is provided through a formula, and agreements with the same
terms and funding formulas are entered into with other municipalities in the County.
Future allocations may become available for another qualified purpose once the
reimbursement is completed.
ALTERNATIVES
Council may choose to reject the agreement. This is not recommended as the City
would no longer have access to these funds.
FISCAL IMPACT/FUNDING SOURCE
The revenue from this program area has historically been approximately $50,000 per
fiscal year, varying based on total tax revenue received that is applicable to the
program. It is anticipated that allocations would remain generally similar, adjusting with
changes in funding generated through the countywide retail transaction and use tax.
PUBLIC OUTREACH
This item was included on the publicly posted agenda for this meeting.
NEXT STEPS
If approved, staff will process the agreement with VTA.
Attachments:
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1. 2016 Measure B Bike and Ped Education and Encouragement Master Agreement -
Amended and Restated - Gilroy
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AMENDED AND RESTATED FUNDING AGREEMENT
BETWEEN
CITY OF GILROY
AND
SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
FOR
2016 MEASURE B BICYCLE & PEDESTRIAN EDUCATION AND ENCOURAGEMENT PROGRAM
THIS AMENDED AND RESTATED FUNDING AGREEMENT (“AGREEMENT”) is entered into as of July 1st, 2025
(“EFFECTIVE DATE”) and is by and between the CITY OF GILROY (“RECIPIENT”) and SANTA CLARA VALLEY
TRANSPORTATION AUTHORITY (“VTA”). RECIPIENT and VTA may be individually referred to as “PARTY” or
collectively referred to as “PARTIES.”
I. RECITALS
1. Whereas, on June 24, 2016, the VTA Board of Directors (“VTA BOARD”) adopted a resolution to place
a ballot measure before the voters of Santa Clara County (“SCC”) in November 2016 to authorize a
one-half of one percent retail transaction and use tax (“2016 MEASURE B”) for 30 years for nine
transportation-related program categories;
2. Whereas, on November 8, 2016, the voters of Santa Clara County enacted 2016 MEASURE B for 30
years to pay for the nine transportation-related program categories;
3. Whereas, on October 5, 2017, the VTA BOARD established the 2016 Measure B Program
(“PROGRAM”) and adopted the 2016 Measure B Program Category Guidelines (“GUIDELINES”). In
addition, VTA established a program manual (“PROGRAM MANUAL”). Both the GUIDELINES and the
PROGRAM MANUAL are incorporated into this Agreement by this reference and available at
www.vta.org or upon request to VTA;
4. Whereas, the PROGRAM includes a Bicycle & Pedestrian program category (“BIKE/PED CATEGORY”)
to fund bicycle and pedestrian projects and educational programs;
5. Whereas, the BIKE/PED CATEGORY consists of three sub-categories, including the education &
encouragement program (“BIKE/PED E&E PROGRAM”);
6. Whereas, the duration of 2016 MEASURE B will be 30 years from the initial year of collection,
beginning April 1, 2017, and continuing through March 31, 2047;
7. Whereas, the PARTIES executed a funding agreement for the BIKE/PED E&E PROGRAM funds on
November 20, 2019 which expires on June 30, 2025 (“PRIOR AGREEMENT”); and
8. Whereas, the PARTIES desire to amend and restate the PRIOR AGREEMENT to, among other things,
specify the terms and conditions under which VTA will administer BIKE/PED E&E PROGRAM funds
allocated to VTA and RECIPIENT through the life of the PROGRAM.
NOW, THEREFORE, in consideration of the mutual promises contained in this AGREEMENT, the PARTIES
agree as follows:
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II. AGREEMENT
1. BIKE/PED E&E PROGRAM DEFINITION
The BIKE/PED E&E PROGRAM covers activities and the development and distribution of materials that
are designed and intended to satisfy the following goals within RECIPIENT’s jurisdiction: (i) promote,
educate, and/or encourage safe walking or bicycling for residents or visitors of every age and ability;
(ii) communicate to residents and visitors the benefits of walking and bicycling; and (iii) communicate
to school children, residents, and visitors the rights and responsibilities of pedestrians, bicyclists, and
motorists.
2. TERM OF AGREEMENT
The term of this AGREEMENT will commence on the EFFECTIVE DATE and continue through March 31,
2047, or until BIKE/PED E&E PROGRAM CATEGORY funds allocated to RECIPIENT have been expended
entirely, whichever occurs later.
Notwithstanding the foregoing, the PARTIES may terminate this AGREEMENT pursuant to Section II,
Paragraph 13.
3. ELIGIBLE USE OF FUNDS
A. RECIPIENT may use RECIPIENT’s allocated BIKE/PED E&E PROGRAM funds only for
activities/projects that (i) are offered/available to individuals who live, work, or attend school in
RECIPIENT’S boundaries or school districts, and (ii) VTA has pre-approved in writing (each, an “E&E
PROJECT”). Only VTA’s AUTHORIZED REPRESENTATIVE (defined in Section II, Paragraph 15 below),
or designee, has authority to approve an E&E PROJECT.
B. VTA will consider for approval the following types of activities / projects:
i. Organization and implementation of K-12 Safe Routes to Schools programs and activities.
ii. Organization and implementation of Vision Zero programs. “Vision Zero” is defined by the
Vision Zero Network campaign as the “Strategy to eliminate all traffic fatalities and severe
injuries while increasing safe, healthy, equitable mobility for all,” which definition is adopted
for purposes of this AGREEMENT.
iii. Organization and implementation of open streets events. “Open streets events” are defined
by the Open Streets Project (an advocacy project and collaboration between 8 80 Cities and
Street Plans) as “Programs that temporarily open streets to people by closing them to cars,”
which definition is adopted for purposes of this AGREEMENT.
iv. Creation and implementation of marketing to encourage mode shift towards active
transportation.
v. Development and distribution of maps that promote places to walk or bike.
vi. Education of walking and bicycling skills to adults and children.
vii. Working with law enforcement officials to ensure common understanding and consistent
application among law enforcement officials of traffic laws related to biking and walking.
viii. Organization and implementation of broad or targeted safety campaigns to promote safe
driving, walking, and bicycling behavior.*
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ix. Creation and distribution of marketing materials to encourage safe walking, biking, and
driving.*
x. Purchase and distribution of bicycle helmets, lights, reflective vests, or other
bicycle/pedestrian safety equipment to be used in education/encouragement activities.
xi. Purchase and distribution of incentives for education/encouragement activities.
xii. Organization and implementation of crosswalk stings or other activities that educate
roadway users on traffic laws. Crosswalk stings are activities conducted by law enforcement
to educate the public about crosswalk right of way laws that may or may not include
citations.
xiii. Organization and implementation of special community events focused on achieving the
BIKE/PED E&E PROGRAM goals described in Section II, Paragraph 1, such as community rides
or walks.
xiv. Energizer stations and other Bike to Wherever Day activities.
xv. Implementation of valet bicycle parking.
xvi. Community-based bicycle/pedestrian surveys of facilities and surrounding areas to learn,
observe, and identify bicycle and pedestrian hot spots.
xvii. Any other program or activity VTA pre-approves in writing.
*Any safety campaign or public service announcement targeted to motorists must focus on
safe, responsible, and respectful motorist interactions with pedestrians and bicyclists.
C. RECIPIENT is permitted to use BIKE/PED E&E PROGRAM funds allocated for (i) direct costs and
staff time costs incurred by RECIPIENT to support E&E PROJECTS, and (ii) costs incurred for
evaluation of the E&E PROJECTS (as required under Section II, Paragraph 4).
D. Notwithstanding any other provision of this AGREEMENT, RECIPIENT is not permitted to use
BIKE/PED E&E PROGRAM funds for capital improvements.
E. E&E PROJECTS may be targeted and limited to specific demographics including, but not limited to,
school children, seniors, or people with disabilities to the extent not prohibited by applicable law.
F. Only BIKE/PED E&E PROGRAM costs incurred by RECIPIENT on or after July 1, 2017, will be eligible
for reimbursement.
4. EVALUATION REQUIREMENTS
A. RECIPIENT must identify (i) the project reach and scale of each E&E PROJECT and (ii) one or more
metric(s) that will be used to evaluate whether the goal was achieved. Examples of acceptable
metrics are set forth in Attachment A, attached hereto and incorporated herein.
B. RECIPIENT must identify and obtain VTA’s prior written approval of the frequency and schedule
of each E&E PROJECT evaluation.
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5. MAXIUMUM FUNDING ALLOCATIONS
A. RECIPIENT’S maximum funding allocation for each fiscal year (July 1st through June 30th of the
following calendar year) will be based upon the VTA BOARD’s Adopted Biennial Budget for the
BIKE/PED E&E PROGRAM and the annual fund distribution formula described below.
B. Annual Fund Distribution Formula. The BIKE/PED E&E PROGRAM annual fund distribution
formula is calculated every two fiscal years (in line with VTA’s budget cycle) and is based on the
following:
i. First, at the same time that VTA plans and finalizes its budget for the two upcoming fiscal
years, the VTA BOARD determines the allocation of 2016 MEASURE B funds for the two
upcoming fiscal years.
ii. Second, the VTA BOARD determines the amount of 2016 MEASURE B funds to be allocated
amongst the PROGRAM categories and subcategories, including the BIKE/PED E&E
PROGRAM CATEGORY.
iii. Third, an allocation is made to VTA and the County of Santa Clara for countywide (with
respect to Santa Clara County) BIKE/PED E&E PROGRAM activities (“COUNTYWIDE
ACTIVITIES”). Per the GUIDELINES, COUNTYWIDE ACTIVITIES will receive 25% of available
BIKE/PED E&E POGRAM funds.
iv. Fourth, the 2016 Measure B funds remaining for the BIKE/PED E&E PROGRAM category
allocation are calculated by deducting the amount allocated for COUNTYWIDE ACTIVITIES
in subparagraph (iii), immediately above, from the total BIKE/PED E&E PROGRAM category
allocation (“REMAINING FUNDS”).
v. Fifth, VTA determines the percentage of the total population of SCC (“TOTAL SCC POP”) of
each city (“CITY POP”) and of the unincorporated areas of SCC (“SCC UNINCORP POP”) to
determine allocations to each city. For purposes of these calculations, the TOTAL SCC POP
includes unincorporated areas and is based on the then most current California Department
of Finance’s more current annual population estimates at the time of allocation
determination, i.e., Report E-1, or any successor report. Each CITY POP is divided by the
TOTAL SCC POP, and then the result is multiplied by 100. The result for each city is the “CITY
PERCENTAGE SHARE” (for SCC, the ”SCC PERCENTAGE SHARE”).
vi. SIXTH, each CITY PERCENTAGE SHARE (including the SCC PERCENTAGE SHARE) is multiplied
by the REMAINING FUNDS to determine the dollar amount that would be allocated to each
city based on their CITY PERCENTAGE SHARE; however, no allocation is yet made at this
step. Cities that would receive less than $10,000 as a result of the calculation described in
Subsection (v) will be identified as low population cities (“LOW POP CITIES”).
vii. Seventh, each city is allocated $10,000 (“10K ALLOCATIONS”). LOW POP CITIES will not be
allocated any additional funds beyond the 10K ALLOCATIONS made to each city as described
in this Subsection (vii). The minimum 10k ALLOCATIONS will continue through fiscal year
2025. Following fiscal year 2025, the minimum allocated to LOW POP CITIES will increase by
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$2,000 every five years. See the “LOW POP CITES ALLOCATION SCHEDULE” included in this
AGREEMENT as Attachment B, attached hereto and incorporated herein.
viii. Eighth, the modified REMAINING FUNDS are calculated by subtracting the cumulative total
of allocations made to LOW POP CITIES from the REMAINING FUNDS (“MOD REMAINING
FUNDS”).
ix. Ninth, a modified Santa Clara County population is calculated by deducting the SCC
UNINCORP POP and all LOW POP CITIES from the TOTAL SCC POP (“MODIFIED
POPULATION”).
x. Tenth, a modified population percentage share (“MOD CITY PERCENTAGE SHARE”) is
calculated for all cities that are not LOW POP CITIES (“NON-LOW POP CITIES”) by dividing
the NON-LOW POP CITY’S total population by the MODIFIED POPULATION and multiplying
the result by 100.
xi. Eleventh, each NON-LOW POP CITY’S MOD CITY PERCENTAGE SHARE is multiplied by the
MOD REMAINING FUNDS to calculate each NON-LOW POP CITY’s additional allocation of
2016 Measure B funds for the BIKE/PED E&E PROGRAM category. This allocation will be
made in addition to the 10K ALLOCATION described above.
C. RECIPIENT’s allocations are subject to change based on allocations made by the VTA BOARD
pursuant to the PROGRAM.
D. BIKE/PED E&E PROGRAM allocations may be banked and remain unspent for a maximum of three
fiscal years, provided that (i) RECIPIENT provides VTA with a satisfactory explanation for why the
allocation is not being spent and (ii) VTA provides RECIPIENT with written approval for such
explanation. In this instance, RECIPIENT must begin drawing funds during the fourth fiscal year.
Following the third fiscal year of banked allocations and within the fourth fiscal year, RECIPIENT
must provide to VTA the required documentation as described in Section II, Paragraph 7. In this
fourth fiscal year, RECIPIENT must submit, at minimum, one invoice for funds towards an E&E
PROJECT.
If RECIPIENT fails to do the above by the end of the fourth fiscal year and no funds have been
spent in the past four consecutive fiscal years, then allocations will be returned by VTA to the pool
of 2016 MEASURE B funds allocated to the BIKE/PED E&E PROGRAM category for redistribution
in the next allocation cycle pursuant to the formula above.
E. All funds will be available to RECIPIENT on a reimbursement basis only.
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6. VTA’s OBLIGATIONS
VTA will:
A. Annually report to the public the amount of BIKE/PED E&E PROGRAM revenues allocated and
distributed to RECIPIENT.
B. Annually report to the public a summary of E&E PROJECT evaluation metrics submitted by
RECIPIENT, as required in Section II, Paragraph 4.
C. Conduct an assessment regarding the effectiveness of the BIKE/PED E&E PROGRAM using
approved metrics and data provided by RECIPIENT (pursuant to Section II, Paragraph 4) related
to RECIPIENT’s E&E PROJECT(s).
D. Biennially, or however frequently as VTA determines is appropriate based upon the number of
ongoing E&E PROJECTs, report to the public the effectiveness of the BIKE/PED E&E PROGRAM
based on the assessment described immediately above in Section II, Paragraph 6(C).
E. Remit the amount due to the RECIPIENT under an invoice within thirty (30) calendar days of
receipt of a complete and proper, fully documented invoice complying with the requirements
set forth herein.
7. RECIPIENT’s OBLIGATIONS
RECIPIENT must:
A. Comply with 2016 Measure B reporting requirements.
B. Ensure that all 2016 MEASURE B funds are expended on allowable BIKE/PED E&E PROGRAM
expenditures as described above in Section II, Paragraph 3, ELIGIBLE USE OF FUNDS.
C. Annually complete and submit to VTA, by October 1st of each year, RECIPIENT’s proposed work
program for the BIKE/PED E&E PROGRAM, in which RECIPIENT must set forth proposed E&E
PROJECTS and develop all such E&E PROJECTS that are approved by VTA as eligible. RECIPIENT’s
proposed metrics and frequency of E&E PROJECT evaluation must be included with the proposed
work program (see Section II, Paragraph 4); VTA must provide approval of the proposed metrics
and frequency of evaluation.
D. Annually submit to VTA, by October 1st of each year, a summary of the prior fiscal year’s
completed E&E PROJECTS.
E. Submit to VTA, on a frequency as approved by VTA, the evaluation of the completed E&E
PROJECTS pursuant to Section II, Paragraph 4.
F. If applicable, annually submit to VTA, by October 1st of each year, an explanation of why no
BIKE/PED E&E PROGRAM funds are planned for expenditure during the upcoming fiscal year.
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G. Annually complete and submit to VTA, by October 1st of each year, any accompanying reporting
requirements for the BIKE/PED E&E PROGRAM.
H. Submit to VTA all records including contractors’ invoices, miscellaneous invoices, and force
account charges as substantiation for invoices submitted to VTA for reimbursement hereunder.
I. Maintain financial records, books, documents, papers, accounting records, and other evidence
pertaining to costs related to this AGREEMENT for five (5) years. RECIPIENT shall make such
records available to VTA upon VTA’s written request for review and audit purposes. Financial
audits will be performed at VTA’s sole discretion.
J. Submit invoices to VTA, no more frequently than monthly, for reimbursement of eligible E&E
PROJECT costs (see Section II, Paragraph 3) RECIPIENT must submit invoices within one year of
the date RECIPIENT incurs the cost submitted on the invoice for reimbursement (unless otherwise
approved by VTA in writing).
K. At all times during this AGREEMENT, RECIPIENT must comply with the insurance requirements
and specifications of the attached Attachment C, Insurance Requirements. RECIPIENT may, in its
discretion, elect to self-insure, but any such self-insurance must meet the requirements and
specifications in Attachment C.
8. INDEMNIFICATION
Neither VTA nor any officer or employee thereof will be responsible for any damage or liability arising
out of or relating to RECIPEINT’s negligent acts or omissions, recklessness, or willful misconduct under
or in connection with any work, authority, or jurisdiction associated with this AGREEMENT. Pursuant
to California Government Code §895.4, RECIPIENT must fully defend, indemnify, and hold harmless
VTA from all suits or actions of every name, kind, and description arising from an injury (as defined by
California Government Code §810.8) arising out of or relating to RECIPEINT’s negligent acts or
omissions, recklessness, or willful misconduct under or in connection with any work, authority, or
jurisdiction delegated to RECIPIENT under this AGREEMENT. This provision will survive the
termination or expiration of this AGREEMENT.
9. INSURANCE
At all times during this Agreement, RECIPIENT must comply with the insurance requirements and
specifications of Attachment C, Insurance Requirements, attached hereto and incorporated herein.
RECIPIENT may, in its discretion, elect to self-insure, but any such self-insurance must meet the
requirements and specifications in Attachment C.
10. ADDITIONAL INSURED AND INDEMNITY PROVISION
In any agreement executed between the RECIPIENT and a third party for purposes related in any way
to the subject matter of this Agreement (“Third Party Contract”), RECIPIENT must require that VTA be
named as (i) an additional insured on a primary and non-contributory basis with separation of insureds
and waiver of subrogation on all policies of insurance, except when not applicable and (ii) an
indemnified party in any indemnity provision contained in the Third Party Contract. Third Party
Contracts must contain insurance requirements with coverages at least as broad as, and limits at least
as great as, the requirements of Attachment C.
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11. COMPLIANCE WITH APPLICABLE LAW
In execution of any E&E PROJECT and performance of its responsibilities set forth herein, RECIPIENT
must comply with all applicable requirements of local, state, and federal law.
12. COMPLIANCE WITH 2016 MEASURE B REQUIREMENTS
A. In its performance under this AGREEMENT, RECIPIENT must comply, and must ensure E&E
PROJECT compliance, with all PROGRAM requirements including, but not limited to, the
GUIDELINES and PROGRAM MANUAL.
B. VTA may, in its sole discretion, make changes to the GUIDELINES and/or the PROGRAM MANUAL
at any time. If VTA makes such changes, VTA will notify RECIPIENT within a reasonable time of
such changes.
13. TERMINATION
A. Either PARTY may at any time terminate this Agreement by giving ten (10) business days written
notice of such termination to the other PARTY. Notice must identify the effective date of such
cancellation and must be provided in accordance with the terms and conditions of this
AGREEMENT.
B. In the event of termination under this section, City must submit its final invoice to VTA within
thirty (30) calendar days of the effective date of termination, and such invoice will be solely for
ELIGIBLE COSTS RECIPIENT incurred prior to termination.
14. AUDITS AND RECORDS
A. RECIPIENT must maintain, and must require their contractors to maintain, in accordance with
generally accepted accounting principles and practices, complete books, accounts, records, and
data pertaining to services performed under this AGREEMENT, including the costs of contract
administration. Such documentation must be supported by properly executed payrolls,
invoices, contracts, and vouchers evidencing in detail the nature and propriety of any charges
and must be sufficient to allow a proper audit of services. All checks, payrolls, invoices,
contracts, and other accounting documents pertaining in whole or in part to the services must
be clearly identified and readily accessible.
B. For the duration of the AGREEMENT, and for a period of five years after final payment, each
PARTY and its representatives must have access during normal business hours to any books,
accounts, records, data, and other relevant documents (“RECORDS”) of the other PARTY that are
pertinent to this AGREEMENT for audits, examinations, excerpts, and transactions. The other
PARTY must furnish copies of the RECORDS upon request.
15. NOTICES / AUTHORIZED REPRESENTATIVES
A. Notices. Any notice which may be required under this AGREEMENT (i) must be in writing, (ii) will
be effective one (1) business day after personal service or delivery by certified mail, and (iii) must
be given by personal service or certified mail the other PARTY’S AUTHORIZED REPRESENTATIVE at
the addresses set forth below, or to such other address that may be specified in writing by a
PARTY.
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B. Authorized Representatives.
VTA:
Marcella Rensi
Deputy Director, Programming and Grants
Santa Clara Valley Transportation Authority
3331 N First Street
San Jose, CA 95134
Email: marcella.rensi@vta.org
RECIPIENT:
City Administrator
City of Gilroy
7351 Rosanna Street
Gilroy, CA, 95020
Email: jimmy.forbis@cityofgilroy.org
Written notification to the other PARTY must be provided, in advance, for changes in the
name or address of the individuals identified above.
The individual identified above for RECIPIENT is RECIPIENT’s BIKE/PED E&E PROGRAM Liaison
(“LIAISON”). The LIAISON shall be (i) the liaison to VTA pertaining to implementation of this
AGREEMENT and (ii) the contact for information about the BIKE/PED E&E PROGRAM and E&E
PROJECTS.
16. GENERAL TERMS AND CONDITIONS
A. Headings. The subject headings of the articles and paragraphs in this AGREEMENT are included
for convenience only and will not affect the construction or interpretation of any of its provisions.
B. Incorporation of Exhibits and Attachments. All exhibits and attachments referenced in this
AGREEMENT are incorporated into it by this reference.
C. Construction and Interpretation of Agreement. This AGREEMENT, and each of its provisions,
terms, and conditions, has been reached as a result of negotiations between the PARTIES.
Accordingly, each PARTY expressly acknowledges and agrees that (i) this AGREEMENT will not be
deemed to have been authored, prepared, or drafted by any particular PARTY and (ii) the rule of
construction to the effect that ambiguities are to be resolved against the drafting party will not
be employed in the interpretation of this AGREEMENT or in the resolution of disputes.
D. Amendment. No alteration or variation of the terms of this AGREEMENT will be valid unless made
in writing and signed by both of the PARTIES hereto, and no oral understanding or AGREEMENT
not incorporated herein will be binding on any of the PARTIES hereto.
E. Entire Agreement. This AGREEMENT constitutes the entire agreement between the PARTIES
relating to the subject matter and supersedes all prior negotiations, contracts, agreements, or
understandings, whether oral or written, of the PARTIES regarding the subject matter.
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F. Representation of Authority. Each PARTY to this AGREEMENT represents and warrants that each
person whose signature appears hereon has been duly authorized and has the full authority to
execute this AGREEMENT on behalf of the entity that is a PARTY to this AGREEMENT.
G. No Waiver. The failure of either PARTY to insist upon the strict performance of any of the terms,
covenant, and conditions of this AGREEMENT will not be deemed a waiver of any right or remedy
that either PARTY may have, and will not be deemed a waiver of either PARTY’s right to require
strict performance of all of the terms, covenants, and conditions hereunder.
H. Dispute Resolution.
a. If a question or allegation arises regarding (i) interpretation of this AGREEMENT or its
performance, or (ii) the alleged failure of a PARTY to perform, the PARTY raising the question or
making the allegation must give written notice thereof to the other PARTY. The PARTIES must
promptly meet in an effort to resolve the issues raised. If the PARTIES fail to resolve the issues
raised, alternative forms of dispute resolution, including mediation, may be pursued by mutual
agreement. It is the intent of the PARTIES to avoid litigation as a method of dispute resolution to
the greatest extent possible.
b. Notwithstanding the foregoing, nothing in this Paragraph 16 will be deemed to prevent a PARTY
from filing suit or an administrative action to preserve its right to assert a claim within any
applicable statute of limitations. To the extent practicable, the PARTIES will negotiate in good
faith to create a tolling agreement to toll such statute(s) of limitations to allow for the PARTIES to
engage in dispute resolution provisions of this AGREEMENT prior to filing of such actions.
I. Severability. If any term, covenant, condition or provision of this AGREEMENT, or the application
thereof to any person or circumstance, shall to any extent be held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants,
conditions and provisions of this AGREEMENT, or the application thereof to any person or
circumstance, shall remain in full force and effect and shall in no way be affected, impaired or
invalidated thereby.
J. Governing Law. The laws of the State of California will govern this AGREEMENT, as well as any
claim that might arise between RECIPIENT and VTA, without regard to conflict of law provisions.
K. Venue. Any lawsuit or legal action arising from this AGREEMENT must be commenced and
prosecuted in the courts of Santa Clara County, California. RECIPIENT agrees to submit to the
personal jurisdiction of the courts located in Santa Clara County, California for the purpose of
litigating all such claims.
L. Use of Work. All PARTIES may retain a copy of all material produced under this AGREEMENT for
use in their general activities.
M. Attribution to VTA. RECIPIENT must include attribution to VTA that indicates part of the work was
funded by PROGRAM Funds. This provision applies to any project or publication that was funded
in part or in whole by PROGRAM Funds. Acceptable forms of attribution include 2016 MEASURE
B’s branding on E&E PROJECT-related documents, public information materials, and any other
applicable documents. VTA will provide Program branding to RECIPIENT.
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N. Non-discrimination. The PARTIES and any contractors performing services on behalf of the
PARTIES (“CONTRACTORS”) will not unlawfully discriminate or permit discrimination, harass, or
allow harassment against any person or group of persons because of race, color, religious creed,
national origin, ancestry, age (over 40), sex, gender, gender identity, gender expression, sexual
orientation, marital status, pregnancy or childbirth (including related conditions), medical
condition (including cancer), mental disability, physical disability (including HIV and AIDS), genetic
information, or military and veteran’s status, or in any manner prohibited by federal, state, or
local laws. In addition, the PARTIES and CONTRACTORS must not unlawfully deny any of their
employees family care leave to which they are entitled or discriminate against such employees on
the basis of having to use family care leave. The PARTIES and CONTRACTORS must ensure that the
evaluation and treatment of their employees and applicants for employment is free of such
discrimination and harassment.
O. Relationship of the Parties. It is understood that this is an AGREEMENT by and between
independent parties and does not create the relationship of agent, servant, employee,
partnership, joint venture or association, or any other relationship other than that of independent
contractor.
P. Execution in Counterparts / Electronic Signature. This AGREEMENT may be executed in one or
more counterparts, each of which will be deemed an original but all of which will constitute one
and the same instrument. An electronic copy of a signed contract, or an electronically signed
contract, has the same force and legal effect as a contract executed with an original ink signature.
The term “electronic copy of a signed contract” refers to a copy of an original signed contract that
meets the admissibility standards of a writing described in Evidence Code §1550. The term
“electronically signed contract” means a contract that is executed by applying an electronic
signature using technology approved by each of the Parties.
Q. Authority to Execute Agreement. Each PARTY to this AGREEMENT represents and warrants that
each person whose signature appears hereon has been duly authorized and has the full authority
to execute this AGREEMENT on behalf of the entity that is a PARTY to this AGREEMENT.
R. Third Party Beneficiaries. This AGREEMENT does not, and is not intended to, confer any rights or
remedies upon any person or entity other than the PARTIES.
S. Survival. All representations, warranties, and covenants contained in this AGREEMENT, or in any
instrument, certificate, exhibit, or other writing intended by the PARTIES to survive this
AGREEMENT, shall survive the termination or expiration of this AGREEMENT, including but not
limited to all terms (1) providing for indemnification; (2) relating to the California Public Records
Act; (3) relating to maintenance of data; and (4) relating to PARTIES’ obligations upon and
following termination or expiration of this AGREEMENT.
Signatures of PARTIES on following page.
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Rev 1.17.25 Page 12 of 19
IN WITNESS WHEREOF, VTA and RECIPIENT have caused their undersigned, duly authorized signatories to
execute this AMENDED AND RESTATED FUNDING AGREEMENT as of the EFFECTIVE DATE.
SANTA CLARA VALLEY CITY OF GILROY
TRANSPORTATION AUTHORITY
Carolyn M. Gonot
Jimmy Forbis
City Administrator
General Manager/CEO
Date Date
Approved as to Form Approve as to Form
Evelynn Tran
General Counsel
Andrew L. Faber, Esq.
City Attorney
Date Date
Attest:
Bryce Atkins
Acting City Clerk
Date
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ATTACHMENT A
Example Evaluation Requirement Metrics
Evaluation metrics include, but are not limited to, the ones used below.
• Project reach - A metric measuring the total number of people or entities that participated in
the activity or received a physical item provided by the program.
o Hypothetical Example: Online media safety campaign had 10,000 unique views, resulting
in 2,000 people taking the “I will drive, walk, and bike safely and responsibly” pledge.
• Mode shift - A metric measuring the change in the number or percentage of people who
replaced another mode of transportation with walking or biking.
o Hypothetical Example: At the end of the school year, 200 bicycles were counted in the
bike cage, an increase of 20% over the number of bicycles counted at the beginning of
the year.
• Behavior change - A metric measuring the change in the number or percentage of people who
changed their travel habits, including but not limited to frequency of walking or biking.
o Hypothetical Example: Individualized marketing packets were provided to 1,200
households. 200 households requested additional information. Before and after surveys
showed that 5% of households that requested additional information switched to biking,
walking, or taking transit more.
• Safety improvements – A metric measuring the change in risky/safe behavior or the change in
crashes.
o Hypothetical Example: After the crosswalk sting, motorists were observed yielding to
pedestrians 8 out of 10 times, an increase of 10% over the yielding rate before the
crosswalk sting. However, these rates decreased over time, suggesting that continued
events or infrastructure changes are needed to permanently improve driver behavior.
• Community Engagement – A metric measuring the number or percentage of people who
become involved in a program on an ongoing basis.
o Hypothetical Example: At the end of five Train the Trainer events, of the 25 trainees, ten
agree to lead Safe Routes to School activities at their schools.
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ATTATCHMENT B
LOW POP CITES ALLOCATION SCHEDULE
Cities that would receive less than $10,000 as a result of the allocation calculations are instead allocated
$10,000 minimum per fiscal year. The minimum $10,000 allocation will continue through fiscal year
2028. Following fiscal year 2028, the minimum allocated to LOW POP CITIES will increase every biennial
budget cycle.
The allocation schedule starting fiscal year 2028 is as follows:
Fiscal Year (FY) Allocation Amount to LOW POP CITIES
FY 2028 $12,000
FY 2029 $12,000
FY 2030 $12,000
FY 2031 $12,000
FY 2032 $12,000
FY 2033 $12,000
FY 2034 $14,000
FY 2035 $14,000
FY 2036 $14,000
FY 2037 $14,000
FY 2038 $14,000
FY 2039 $14,000
FY 2040 $16,000
FY 2041 $16,000
FY 2042 $16,000
FY 2043 $16,000
FY 2044 $16,000
FY 2045 $16,000
FY 2046 $18,000
FY 2047 $18,000
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ATTACHMENT C
INSURANCE REQUIREMENTS
RECIPIENT’S ATTENTION IS DIRECTED TO THE INSURANCE REQUIREMENTS BELOW. IT IS HIGHLY
RECOMMENDED THAT RECIPIENT CONFER WITH THEIR INSURANCE CARRIERS OR BROKERS IN
ADVANCE OF PROPOSAL SUBMISSION TO DETERMINE THE AVAILABILITY OF INSURANCE
CERTIFICATES AND ENDORSEMENTS REQUIRED BY THIS AGREEMENT.
INSURANCE
Without limiting RECIPIENT’s obligation to indemnify and hold harmless VTA, RECIPIENT must procure
and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the Work
hereunder by RECIPIENT, its agents, representatives, or employees, or subcontractors. The cost of
such insurance must be included in AGREEMENT price. In the event of any material change in the
AGREEMENT Scope of Services, VTA reserves the right to change the insurance requirements set forth
herein. RECIPIENT must furnish complete copies of all insurance policies, within three (3) business
days of any request for such by VTA.
A. Liability and Workers’ Compensation Insurance
1. Minimum Scope of Coverage
Coverage must be at least as broad as:
a. Insurance Services Office General Liability coverage (“occurrence” form CG 0001). General
Liability insurance written on a “claims made” basis is not acceptable.
b. Insurance Services Office Business Auto Coverage, Insurance Services Office form number CA
0001, covering Automobile Liability, code 1 “any auto.” Auto Liability written on a “claims-
made” basis is not acceptable.
c. Workers’ Compensation insurance as required by the Labor Code of the State of California, and
Employer’s Liability insurance.
d. Professional Liability, including limited contractual liability coverage, covering liability arising
out of any negligent act, error, mistake or omission in the performance of RECIPIENT’s services
under this AGREEMENT. This coverage must be continuously maintained for a minimum of two
(2) years following completion of this AGREEMENT. This coverage may be written on a “claims
made” basis, if so, please see special provisions in Section B.
2. Minimum Limits of Insurance
RECIPIENT must maintain limits no less than:
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a. General Liability (including Umbrella/Excess insurance): $2,000,000 limit per occurrence
for bodily injury, personal injury, and property damage. If a General Liability or other form
with a general aggregate limit is used, either the general aggregate limit must apply
separately to this project/location or the general aggregate limit must be twice the required
occurrence limit. This requirement may be satisfied by a combination of General Liability
insurance with Excess or Umbrella policies, but in no event may the General Liability
primary policy limit per occurrence be less than $2,000,000, unless Umbrella/Excess
policies feature inception and expiration dates concurrent with the underlying policy,
“Follow Form” coverage, and a “Drop Down”.
b. Automobile Liability $1,000,000 limit per accident for bodily injury and property damage.
c. Workers’ Compensation and Employer’s Liability: Statutory Workers’ Compensation limits
and Employer’s Liability limits of $1,000,000 per accident.
d. Professional Liability: $2,000,000 each occurrence/aggregate minimum limit per claim.
This requirement may be satisfied by a combination of Professional Liability insurance with
Excess or Umbrella policies, but in no event may the Professional Liability primary policy
limit per occurrence be less than $2,000,000, unless Umbrella/Excess policies feature
inception and expiration dates concurrent with the underlying policy, “Follow Form”
coverage, and a “Drop Down” provision.
3. Self-Insured Retention
The certificate of insurance must disclose the actual amount of any deductible or self-insured
retention, or lack thereof, for all coverages required herein. Any self-insured retention or
deductible in excess of $50,000 ($100,000 if RECIPIENT is a publicly-traded company) must
be declared to and approved by VTA. If RECIPIENT is a governmental authority such as a state,
municipality or special district, self-insurance is permitted. To apply for approval for a level of
retention or deductible in excess of $50,000, RECIPIENT must provide a current financial report
including balance sheets and income statements for the past three years, so that VTA can
assess RECIPIENT’s ability to pay claims falling within the self-insured retention or deductible.
Upon review of the financial report, if deemed necessary by VTA in its sole discretion, VTA may
elect one of the following options: to accept the existing self-insured retention or deductible;
require the insurer to reduce or eliminate the self-insured retention or deductible as respects
VTA, its directors, officers, officials, employees and volunteers; or to require RECIPIENT to
procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses. Applicable costs resulting therefrom will be borne solely
by RECIPIENT. RECIPIENT may request execution of a nondisclosure agreement prior to
submission of financial reports.
B. Claims Made Provisions (not applicable to General Liability or Automobile Liability)
Claims-made coverage is never acceptable for General Liability or Auto Liability. Claims-made may
be considered for Professional, Environmental/Pollution, or Cyber Liability. If coverage is written on
a claims-made basis, the Certificate of Insurance must clearly state so. In addition to all other
coverage requirements, such policy must provide that:
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1. The policy must be in effect as of the date of this AGREEMENT and the retroactive date must
be no later than the date of this AGREEMENT.
2. If any policy is not renewed or the retroactive date of such policy is to be changed, RECIPIENT
must obtain or cause to be obtained the broadest extended reporting period coverage available
in the commercial insurance market. This extended reporting provision must cover at least two
(2) years.
3. No prior acts exclusion may be added to the policy during the contract period.
4. The policy allows for reporting of circumstances or incidents that might give rise to future
claims.
C. Other Provisions
The policies must contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability
a. VTA, its directors, officers, officials, employees and volunteers are to be named as
additional insureds as respects: liability arising out of activities performed by or on behalf
of RECIPIENT, including VTA’s general supervision of RECIPIENT; products and completed
operations of RECIPIENT and its subcontractors; premises owned, occupied or used by
RECIPIENT; or automobiles owned, leased, hired or borrowed by RECIPIENT. The coverage
must contain no special limitations on the scope of protection afforded to VTA, its
directors, officers, officials, employees, or volunteers. Additional Insured endorsements
must provide coverage at least as broad as afforded by the combination of ISO CG 20 10
10 01 and CG 20 37 10 01.
b. Any failure to comply with reporting provisions of the policies may not affect coverage
provided to VTA, its directors, officers, officials, employees, or volunteers.
c. RECIPIENT’s insurance must apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer’s liability.
d. The General Liability General Aggregate limit must apply per project, not per policy.
e. The General Liability policy must be endorsed to remove the exclusion for railroad
liabilities, with coverage at least as broad as afforded by ISO CG 24 17.
2. All Coverages
a. The insurer must agree to waive all rights of subrogation against VTA, its directors, officers,
officials, employees, and volunteers for losses arising from work performed by RECIPIENT
and its subcontractors for VTA.
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b. RECIPIENT’s insurance coverage must be primary insurance as respects VTA, its directors,
officers, officials, employees, and volunteers. Self-insurance or insurance that may be
maintained by VTA, its directors, officers, officials, employees, or volunteers may apply
only as excess to RECIPIENT’s insurance. RECIPIENT’s insurance must not seek
contribution from VTA’s insurance program.
3. Other Insurance Provisions
a. The Certificate must disclose the actual amount of the Deductible or Self-Insured
Retention
b. If any coverage forms or endorsements required by this AGREEMENT are updated by their
publishers, whether they be the insurance carrier(s), the Insurance Services office, or the
American Association of Insurance Services, during the duration of this AGREEMENT, VTA
reserves the rights to require RECIPIENT to procure said coverage forms or endorsements
using the updated versions upon the next renewal cycle.
D. Acceptability of Insurers
Insurance and bonds must be placed with insurers with an A.M. Best’s rating of no less than A VII
(financial strength rating of no less than A and financial size category of no less than VII), unless
specific prior written approval has been granted by VTA.
E. Certificates of Insurance
RECIPIENT must furnish VTA with a Certificate of Insurance. The certificates for each insurance
policy are to be signed by an authorized representative of that insurer. The certificates must be
issued on a standard ACORD Form. The RECIPIENT must instruct their insurance broker/agent to
submit all insurance certificates and required notices electronically in PDF format to
Insurance.certificates@vta.org. All endorsements must be attached to the ACORD certificate in a
single PDF document.
The certificates must (1) identify the insurers, the types of insurance, the insurance limits, the
SIRs/deductibles or lack thereof and the policy term, (2) include copies of all the actual policy
endorsements required herewith, and (3) in the “Certificate Holder” box include:
Santa Clara Valley Transportation Authority (“VTA”)
3331 North First Street
San Jose, CA 95134-1906
In the Description of Operations/Locations/Vehicles/Special Items Box, the VTA Contract number
must appear, the list of policies scheduled as underlying on the Umbrella/Excess policy must be
listed, Certificate Holder must be named as additional insured, and Waiver of Subrogation must be
indicated as endorsed to all policies as stated in the Contract Documents.
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It is a condition precedent to award of this AGREEMENT that all insurance certificates and
endorsements be received and approved by VTA before AGREEMENT execution. No work may be
performed until insurance is in full compliance. VTA reserves the rights to require complete,
certified copies of all required insurance policies, at any time.
If RECIPIENT receives notice that any of the insurance policies required by this Exhibit may be
cancelled or coverage reduced for any reason whatsoever, RECIPIENT must immediately provide
written notice to VTA that such insurance policy required by this Exhibit is canceled or coverage is
reduced.
F. Maintenance of Insurance
If RECIPIENT fails to maintain insurance as required herein, VTA, at its option, may suspend
payment for work performed and/or may order RECIPIENT to suspend work at RECIPIENT’s
expense until a new policy of insurance is in effect.
Ed. Rev. 10-1-19
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Page 1 of 9
City of Gilroy
STAFF REPORT
Agenda Item Title:Public Hearing Pursuant to Government Code Section
3502.3 (AB 2561) to Receive a Report on City of Gilroy
Vacancies, and Recruitment and Retention Efforts
Meeting Date:May 19, 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
Receive the informational report on City of Gilroy Vacancies, and Recruitment and
Retention Efforts Pursuant to Government Code Section 3502.3 (AB 2561).
EXECUTIVE SUMMARY
Assembly Bill ("AB") 2561, codified in Government Code Section 3502.3, passed in
2024 with a January 1, 2025, effective date, and requires public agencies to hold a
public hearing to address the status of job vacancies prior to the adoption of the final
budget. During this public hearing, the City must present information on the status of
job vacancies and the City's recruitment and retention efforts. If necessary, the City will
identify any necessary changes to policies, procedures, and recruitment activities that
may lead to obstacles in the hiring process. The City's employee bargaining units have
been informed of the May 19, 2025, public hearing and shall be entitled to make a
presentation at the hearing related to vacancies within their respective bargaining unit.
This report is for informational purposes only as the recommended action is for the
Council to receive the report as required by law.
BACKGROUND
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AB 2561 amends the Meyers-Milias-Brown Act ("MMBA") and was introduced to
address the issue of job vacancies in local government, which adversely affects the
delivery of public services and employee workload. Among other requirements, the bill
mandates that public agencies conduct a public hearing to present the status of
vacancies, recruitment, and retention efforts during a public hearing before the agency's
governing body prior to the adoption of the agency's final budget and identify any
necessary changes to policies, procedures, and recruitment activities that may lead to
obstacles in the hiring process.
In compliance with the new legal obligations, the City is required to present the following
information at the public hearing:
1. The status of vacancies at the City of Gilroy.
2. Information on the City of Gilroy's recruitment and retention efforts.
3. Obstacles in the City of Gilroy's policies, procedures, and recruitment activities
that create challenges in the hiring process.
If the number of vacancies within a single bargaining unit meets or exceeds 20% of the
total number of authorized full-time positions, the staff presentation will also include the
following information:
1. The total number of job vacancies within the bargaining unit.
2. The total number of applicants for vacant positions within the bargaining unit.
3. The average number of days to complete the hiring process from when a position
is posted.
4. Opportunities to improve compensation and other working conditions.
ANALYSIS
Vacancy Rate Data:
As of May 5, 2025, there are no bargaining units in Gilroy with a vacancy rate exceeding
20%. Below are the full-time position vacancy rates by bargaining unit and overall.
Bargaining Unit FT
Positions
Vacancies Vacancy Rate
AFSCME, Local 101 119 13 10.9%
Gilroy Police Officers Association (GPOA)70 7 10.0%
Gilroy Management Association (GMA)43 8 18.6%
IAFF, Gilroy Firefighters, Local 2805 40 0 0.00%
Unrepresented Employees 19 1 5.3%
TOTAL 291 29 10.0%
Gilroy's vacancy rate is similar to other agencies. Other agencies have vacancy rates
ranging from 7 - 16% overall. Vacancy rates vary by bargaining unit and agency. As an
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example, Gilroy, IAFF, Local 2805 has a 0% vacancy rate. However, another CA
agency with similar Fire/EMS positions reported a vacancy rate of 16%. Many agencies
are reporting higher vacancy rates in professional-level engineering-related positions.
Another CA agency reported a 19.44% vacancy rate in their police bargaining unit as
compared to Gilroy's vacancy rate of 10%. However, that same agency's overall
vacancy rate is 7.82% compared to Gilroy's 10% overall vacancy rate.
It is important to note that some of Gilroy's vacancies are tied to new positions that were
approved in the mid-cycle budget process and/or are tied to the newly created Utilities
Department.
Also, when evaluating vacancy rate data, smaller agencies or smaller bargaining groups
can appear to have a higher vacancy rate even with a small number of vacancies due to
the small size of the overall headcount in the agency or bargaining unit.
While AB 2561 is a new law that went into effect on January 1, 2025, providing publicly
available information regarding Gilroy's recruitment efforts is not new to our agency. At
each Personnel Commission meeting, staff provides a current Recruitment and
Employment Status Report to the Commission. This regular report includes information
on all current recruitment processes, the status of each process, and the status of hires
and separations.
Vacancies by Bargaining Unit and Recruitment Status:
The chart below is a summary of current vacancies and the status of the recruitment
process. The City's recruitment and selection efforts are dynamic and are being worked
on daily, so keep in mind this information is a snapshot in time and can change quickly.
AFSCME, Local 101 Gilroy Police
Officers
Association
(GPOA)
Gilroy
Management
Association
(GMA)
IAFF, Gilroy
Firefighters,
Local 2805
Unrepresented
Employees
Code Enforcement Officer -
accepting applications;
closes 5/27/25
Police Officer
(6) -
•1
conditional
offer
•1 position
tied to
Gilroy CSO
in Academy
•1 lateral in
background
•3 trainees in
background
City Engineer -
accepting
applications;
closes 6/6/25
No vacancies
- 3 Trainees
in Academy
(not
deployable
yet)
Council
Services,
Records, &
Election
Manager (City
Clerk) - position
posted;
accepting
applications
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AFSCME, Local 101 Gilroy Police
Officers
Association
(GPOA)
Gilroy
Management
Association
(GMA)
IAFF, Gilroy
Firefighters,
Local 2805
Unrepresented
Employees
Engineering
Technician/Inspector -
department interviews
5/14/25
Detention
Services
Officer -
accepting
applications;
open until
filled
Deputy Director of
Community
Development -
accepting
applications;
closes 6/2/25
Fire Captain
Promotion
Process -
one Fire
Captain
position
underfilled by
a Firefighter
Trainee
(Licensed
Paramedic)
Environmental Engineer -
preparing for posting week
of 5/19/25
Fire Division Chief
- accepting
applications;
closes 5/27/25
Management Assistant -
candidate in background
check
Management
Analyst -
evaluating
eligibility list for
department
interviews
Maintenance Worker I (2) -
completing internal transfer
process; preparing position
for posting
Senior Civil
Engineer -
reposting position
Operations Services
Supervisor - Wastewater -
department interview
Senior
Environmental
Engineer/Wastew
ater - accepting
applications; open
until filled; using
search firm that
specializes in
Utilities positions
Planner I/II - accepting
applications; closes 6/2/25
Utilities Business
Manager -
accepting
applications; open
until filled; using
search firm that
specializes in
Utilities positions
Police Records Technician I
(2) - one candidate in
background check; one
candidate being scheduled
for department assessment
Utilities
Operations
Manager -
accepting
applications; open
until filled; using
search firm that
specializes in
Utilities positions
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AFSCME, Local 101 Gilroy Police
Officers
Association
(GPOA)
Gilroy
Management
Association
(GMA)
IAFF, Gilroy
Firefighters,
Local 2805
Unrepresented
Employees
Public Safety
Communicator/Trainee (2) -
two candidates in
background phase - reports
under review
Senior Equipment Mechanic
- accepting applications;
closes 6/9/25
Turnover Data
The chart below summarizes turnover data by bargaining unit for calendar year 2024:
Turnover
Type/BU
AFSCME GPOA GMA Fire Local
2805
Unrep
EEs
Totals
Retirement 1 2 1 3 1 8
Voluntary
Resignation
2 1 2 1 1 7
Involuntary
Resignation*
4 0 0 0 1 5
Total 7 3 3 4 3 20
*Includes release from probation, termination, or resign in lieu of release/termination
Twenty full-time positions turned over in calendar year 2024. Based on the average
number of full-time employees in 2024 (265), the City's 2024 employee turnover rate
was about 7.5%. However, only 2.6% is attributable to voluntary turnover such as a
resignation to take a position with another employer. 3% of the turnover is due to
retirements and 1.9% is tied to involuntary separations such as release from probation,
termination, or a resignation in lieu of release/termination.
Recruitment and Retention Efforts:
The Human Resources (HR) Team has implemented various programs and efforts to
achieve efficiency, effectiveness, and provide excellent service in the recruitment and
selection process. These efforts are summarized below:
•Easy Application Process & Improved Candidate Experience: Gilroy utilizes
an online platform for the recruitment process - NeoGov Insight. This software
allows the team to organize and track the various steps of the hiring process so
there is a smooth process for candidates, hiring managers, and the HR team.
Further, the system offers an easy-to-navigate online system for applicants to
submit an online application. Once a candidate establishes a profile in NeoGov,
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City of Gilroy City Council Page 6 of 9 May 19, 2025
the candidate can access it, update it, and use it to apply for additional positions
with the City of Gilroy or other agencies using the same system. The system has
a built-in communication tool that allows staff to send notifications to candidates
at various steps of the process along with reminder notifications. NeoGov is the
primary system used by most government agencies so candidates looking for
government positions are familiar with the system and can use it with
ease. Candidates can set up preferences in their profile to be notified when
certain positions are open for recruitment by certain agencies. Further, Gilroy
works hard to ensure a positive environment for candidates going through the
hiring process steps. We strive to welcome candidates and give them positive
encouragement when participating in the hiring process. We make ride-alongs
and sit-alongs available for certain positions and encourage candidates to get to
know what it would be like to work for the City of Gilroy. At times, an option for a
Zoom interview is afforded to candidates when they are unable to take a block of
time away from work or when a candidate may have a long distance to travel to
Gilroy for an interview.
•Reduced Recruitment Timelines: Each recruitment process has a recruitment
plan and schedule with deadlines. The HR team really considers how long
certain positions need to be posted to achieve a high-quality applicant pool. For
some positions, HR has been able to reduce the posting period down to five-
seven days while achieving a strong applicant pool. Further, for many positions,
written tests have been eliminated in favor of interviews and practical exercises
and Gilroy uses various schools and testing centers where candidates can
schedule tests to fit their schedule. As an example, the Peace Officer Standards
& Training (POST) written exam and agility exam for Police Officers is offered at
various community colleges in the region on a variety of dates. Candidates
applying for Police Officer can schedule the exams when they best fit their
schedule and then upload their test results via the NeoGov Insight portal. The
portal is accessible 24/7 so candidates can complete the application process at
any time and/or respond to any emails or notifications at any time. By planning
out the recruitment schedule in advance, candidates can plan in advance for
interview dates and hiring managers can block calendars to ensure we keep the
process moving forward. Gilroy has an expedited re-hire process for
seasonal/summer recreation employees, many of whom are college students that
return to Gilroy for the summer months. Gilroy has also had some employees
who left employment to try another job or due to relocation and have returned to
City of Gilroy employment via an expedited rehire process.
•Review of Job Classifications & Recruitment Request Forms: Prior to
commencing a recruitment process, HR works with the hiring manager to review
the job description to ensure duties and requirements are current. Having an
accurate job description will help match qualified candidates for the position.
Further, hiring managers can access an easy-to-fill-out Recruitment Request
Form to capture all information needed to start the recruitment process. HR
works with the hiring manager to identify the added value/ideal candidate
qualifications and skills sets to target in the recruitment. First-year projects are
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identified when appropriate to market the job and the cool things the new hire will
get to work on if hired to the position.
•Advertising & Outreach: HR posts jobs in various locations to attract
candidates. The most popular places candidates find out about our jobs is the
City of Gilroy website, City of Gilroy social media, GovernmentJobs.com which is
a site tied to the NeoGov Insight applicant tracking system, and referral by
current and former City of Gilroy employees. In addition, ads are posted on
various job boards tied to professional organizations related to the position as
well as sites that outreach to underrepresented groups. Gilroy's Communications
& Engagement Team also market Gilroy's jobs on various social media sites
which seems to really increase our local applicant pool. Lastly, from time-to-time
members of the Gilroy team (HR and Departments) attend job fairs and other
events to market the City of Gilroy as an employer.
•Employee Referral Program: Gilroy recently implemented an Employee
Referral Program to encourage our employees to take part in the recruitment
process by identifying strong candidates for positions across all city departments.
Employees can earn $500 if a referred candidate is hired to a full-time position
and another $500 if the candidate passes probation. Starting with July 1, 2023,
twelve employees have received referral bonuses. This new program was
received positively by employees.
•Use of Search Firms: When needed, the City of Gilroy utilizes the assistance of
search firms for hard-to-fill positions and/or high-level management positions. For
example, a search firm assisted us in finding our new Fire Chief who began work
on May 5th as well as our Public Works Director who began work on March 3rd.
Currently, a search firm with specific experience in the Utilities industry is
assisting with filling three management positions in the Utilities Department.
Search firms selected have a strong network of candidates and teams that
dedicate themselves to marketing and outreach positions. As you know, our City
Engineer recently left for another position and, because he had not worked for
the City of Gilroy for one year, the search firm is conducting a new search free of
charge as they offer a one-year guarantee.
•Competitive Wages & Benefits: Through our collective bargaining process,
Gilroy strives to offer competitive salaries and benefits that will attract and retain
high-quality employees.
•Positive Work Environment/Culture & Quality of Life: Gilroy offers a positive
work environment for our employees where we encourage employees to take
ownership of their position, provide excellent customer service, have fun doing
their job, and continuously learn and grow in their role and prepare for their next
role. The positive culture is something that requires continuous care and work by
everyone on the Gilroy team. This is a priority in the organization and starts at
the top and also starts day one with the onboarding process. The team in all
departments works hard to ensure warm welcome and training for new hires. In
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City of Gilroy City Council Page 8 of 9 May 19, 2025
addition, ongoing training and development opportunities, stretch assignments,
and rotation of work are some of the ways Gilroy works on retaining employees
once hired. Efforts are not one size fits all and managers adjust their efforts
based on the employee's goals and capabilities. Fun events organized by the
Employee Appreciation Committee build camaraderie across all city
departments. Lastly, with employees being our most important asset to delivering
top-notch services to the community, we recognize that employees are "human"
and are looking for ways to balance work-life and home-life so things like
alternate work schedules are very valuable to our employees and aid with
retention. Offering wellness programs and benefits that allow employees to care
for their minds and bodies is another way we improve the quality of life for Gilroy
employees. Specialized public safety employee wellness programs, our Annual
Health & Wellness Fair, and our employee assistance program offerings all
contribute to this effort. A positive and supportive work environment can be just
as important as competitive wages.
•Building Our Bench: Given the challenges of filling certain jobs and the smaller
available workforce, we have implemented programs to build our own bench. A
couple of examples are our college summer internship program, which has led to
future new hires. A couple of examples include a Communications Summer
College Intern who is now one of our 911 Dispatchers and a Youth Task Force
Summer College Intern from two years ago who was just hired full-time after
completing her bachelor's degree. This former intern began the police academy
on May 9th and will be out there serving the community as a Police Officer in
about twenty weeks. In addition, we have a part-time Police Cadet Program that
recently started, which offers a paid part-time position to students working on a
college degree with the goal of them becoming future full-time Gilroy Police
Department employees. The skills learned as a part-time Police Cadet will
prepare the employee for a wide variety of job opportunities. Lastly, through
stretch assignments, training programs, leadership academies, and mentorship,
employees have the opportunity to advance to various positions within the
organization. Just this week, three employees were promoted to the position of
Police Corporal. Earlier this month, an employee was promoted to an Analyst
position, and a couple months ago three Firefighters were promoted to the rank
of Fire Engineer. There are many additional examples of awesome Gilroy
employees who have worked hard to advance and take on new challenges in
service to the Gilroy community.
Even with all the efforts described above, there is always more to do to recruit and
retain great employees. Competition for qualified applicants in certain fields such as
engineering, utilities, police, dispatching, paramedicine, planning, and high-level
management remains a challenge and can lead to longer vacancies. Many government
agencies are experiencing challenges in attracting interest in public sector careers,
highlighting an important opportunity to inspire and engage future talent. Human
Resources appreciates the strong partnership and collaboration with departments and
hiring managers as hiring new employees to serve the community is a very important
function and directly correlates to delivery of service. Recruitment and retention are a
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City of Gilroy City Council Page 9 of 9 May 19, 2025
continuous effort not only by human resources but by all managers and employees
throughout the organization.
FISCAL IMPACT/FUNDING SOURCE
There is no fiscal impact tied to this report other than the staff time to prepare the report.
PUBLIC OUTREACH
Out of an abundance of caution, a formal public hearing notice was prepared and
posted in the local newspaper. However, staff have confirmed with legal counsel that a
formal public hearing notice is not required in the future as this is an informational report
with no formal action recommended.
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SHARE THIS: Date Published: 09/23/2024 09:00 PM
AB-2561 Local public employees: vacant positions.(2023-2024)
Assembly Bill No. 2561
CHAPTER 409
An act to add Section 3502.3 to the Government Code, relating to public employment.
[ Approved by Governor September 22, 2024. Filed with Secretary of State September 22, 2024. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 2561, McKinnor. Local public employees: vacant positions.
Existing law, the Meyers-Milias-Brown Act (act), authorizes local public employees, as defined, to form, join, and participate
in the activities of employee organizations of their own choosing for the purpose of representation on matters of labor
relations. The act requires the governing body of a public agency to meet and confer in good faith regarding wages, hours,
and other terms and conditions of employment with representatives of recognized employee organizations and to consider
fully presentations that are made by the employee organization on behalf of its members before arriving at a determination
of policy or course of action.
This bill would, as specified, require a public agency to present the status of vacancies and recruitment and retention efforts
at a public hearing at least once per fiscal year, and would entitle the recognized employee organization to present at the
hearing. If the number of job vacancies within a single bargaining unit meets or exceeds 20% of the total number of
authorized full-time positions, the bill would require the public agency, upon request of the recognized employee
organization, to include specified information during the public hearing. By imposing new duties on local public agencies, the
bill would impose a state-mandated local program. The bill would also include related legislative findings.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies
and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to
public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional
requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by
the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement shall be made pursuant to these statutory provisions for costs mandated by
the state pursuant to this act, but would recognize that a local agency or school district may pursue any available remedies
to seek reimbursement for these costs.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares as follows:
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites
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(a) Job vacancies in local government are a widespread and significant problem for the public sector affecting occupations
across wage levels and educational requirements.
(b) High job vacancies impact public service delivery and the workers who are forced to handle heavier workloads, with
understaffing leading to burnout and increased turnover that further exacerbate staffing challenges.
(c) There is a statewide interest in ensuring that public agency operations are appropriately staffed and that high vacancy
rates do not undermine public employee labor relations.
SEC. 2. Section 3502.3 is added to the Government Code, to read:
3502.3. (a) (1) A public agency shall present the status of vacancies and recruitment and retention efforts during a public
hearing before the governing board at least once per fiscal year.
(2) If the governing board will be adopting an annual or multiyear budget during the fiscal year, the presentation shall be
made prior to the adoption of the final budget.
(3) During the hearing, the public agency shall identify any necessary changes to policies, procedures, and recruitment
activities that may lead to obstacles in the hiring process.
(b) The recognized employee organization for a bargaining unit shall be entitled to make a presentation at the public hearing
at which the public agency presents the status of vacancies and recruitment and retention efforts for positions within that
bargaining unit.
(c) If the number of job vacancies within a single bargaining unit meets or exceeds 20 percent of the total number of
authorized full-time positions, the public agency shall, upon request of the recognized employee organization, include all of
the following information during the public hearing:
(1) The total number of job vacancies within the bargaining unit.
(2) The total number of applicants for vacant positions within the bargaining unit.
(3) The average number of days to complete the hiring process from when a position is posted.
(4) Opportunities to improve compensation and other working conditions.
(d) This section shall not prevent the governing board from holding additional public hearings about vacancies.
(e) The provisions of this section are severable. If any provision of this section or its application is held invalid, the invalidity
shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(f ) For purposes of this section, “recognized employee organization” has the same meaning as defined in subdivision (a) of
Section 3501.
SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 3502.3 to the Government Code,
furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the
purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the
writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the
California Constitution, the Legislature makes the following findings:
It is in the public interest, and it furthers the purposes of paragraph (7) of subdivision (b) of Section (3) of Article I of the
California Constitution, to ensure that information concerning public agency employment is available to the public.
SEC. 4. No reimbursement shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the
Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or
school district may pursue any remedies to obtain reimbursement available to it under Part 7 (commencing with Section
17500) and any other law.
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21791321.1
City of Gilroy
STAFF REPORT
Agenda Item Title:Sixth 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 and Selecting a Final District Elections Map
from the Remaining Two Draft Map – Maps D and F;
as well as Determining the Order of Elections – that is
- Which Three Districts Will Be on the Ballot in the
November 2026 Election and Which Three Districts
Will Be on the 2028 Ballot; Determining Whether
Candidates for City Council Must be Residents and
Electors of the District in Which They Seek Election
for Any Period of Time Prior to Filing Their
Nomination Papers and Declaring Their Intent to Run;
and Introduce Ordinance of the City Council of the
City of Gilroy declaring henceforth that City Council
elections will be districted, adopting a districting
map, declaring the order of elections, and potentially
imposing a residency requirement on Council
candidates
This Public Hearing item shall be heard at 7:00 p.m.
or soon thereafter
Meeting Date:May 19, 2025
From:Andrew Faber, City Attorney
Department:City Attorney
Submitted By:Andrew Faber, City Attorney
Prepared By:Andrew Faber, City Attorney
STRATEGIC PLAN GOALS Not Applicable
RECOMMENDATION
That the City Council:
1. Select either Draft Map D or Draft Map F as the official district map.
2. Determine which districts will be on the ballot in 2026 and which in 2028.
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21791321.1
3. If desired by the Council, impose a residency requirement of no greater than 30
days upon candidates prior to filing their nomination papers.
4. Motion to read the ordinance by title only and waive further reading.
5. Introduce an Ordinance of the City Council of the City of Gilroy officially declaring
that henceforth, the City Council elections will be districted, including the
determinations made regarding items 1-3 above.
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 At-Large to District-Based Elections.
On December 16, 2024, the City received a letter alleging a 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 exists 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, the transition process from at-large to district elections, the
potential composition and number of districts, as well as the public input process.
Members of the public provided input at both hearings regarding communities of interest
in and the various attributes of the City of Gilroy to aid in the districting process. At the
close of the March 17th hearing, having considered the public's input and the
presentation by Redistricting Partners, the City Council provided direction to the
demographer to begin drawing draft maps for a by-district electoral 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 Q&A session, engaged the public in map-drawing, and
gathered additional public input.
On April 7, 2025, Public Hearing No. 3 was held to receive public and City Council
feedback on the first set of draft maps. After considering this public input and the
presentation by the demographer, the City Council provided direction to Redistricting
Partners on proposed revisions to the draft maps to be considered and new maps
drawn.
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21791321.1
On April 21, 2025, Public Hearing No. 4 was held to receive public and City Council
feedback on the second set of draft maps. After considering this public input and the
presentation by the demographer, the City Council provided direction to Redistricting
Partners on proposed revisions to the draft maps to be considered and new maps
drawn.
Two weeks later, on May 5, 2025, Public Hearing No. 5 was held to receive public and
City Council feedback on the second set of draft maps. After considering this public
input and the presentation by the demographer, the City Council provided direction to
Redistricting Partners on the final two maps for consideration at the final public hearing
No. 6.
3. Draft Map Development.
Based on public input and City Council feedback at (the prior hearings and) the May 5
Public Hearing No. 5, the City Council selected two draft maps (Draft D and Draft F) for
final consideration at the May 19, 2025 Public Hearing. These draft maps were
designed to incorporate and address the public’s concerns and the direction provided by
the City Council, all the while ensuring that the draft maps comply with both the CVRA
and the Federal Voting Rights Act, as well as the sound map drawing/ demographic
principles and meeting the requirements of the Fair Maps Act. These draft 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 as identified through public input.
Furthermore, each of the maps complies with the 10% total deviation requirement
between the largest to smallest district by population. Further explanation of the public
input received and analysis that went in to drafting each of these draft maps will be
provided by Redistricting Partners on May 19, 2025, at Public Hearing No. 6. These
map drafts have been posted on the City's website since Thursday, May 8, 2025.
On May 19, 2025, Public Hearing No. 6, draft Maps D and F will be considered by the
City Council.1 One map will be selected for adoption as the six-district electoral map for
City Council elections. The public is again invited to provide their input on these draft
maps before the City Council selects one of the maps.
4. Other Matters/ Order of Elections & Residency Requirements.
In addition to the 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 will make this decision once it has selected
a final map. The decision on the order of elections must be made “in the spirit of the
California Voting Rights Act,” which aims to increase public participation in the electoral
process as well as the ability of minority voters to elect candidates of their choice. In
1 If the Council makes or directs any changes to the map drafts, that new map may not be
selected as the final map on May 19, 2025. Rather, the new map draft with changes must be
posted to the City's districting website for 7 days before any action is taken.
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21791321.1
making this decision, the City Council may consider any number of factors including but
not limited to projected turnout in the 2026 and 2028 elections, where the current at-
large incumbents live vis a vis the new districts, which of the current at-large City
councilmembers' terms are ending, the composition of each district, continuity, and of
course the public input that Council receives on these questions.
The City Council may also determine whether candidates for City Council must be
residents of the district in which they seek election for any period of time prior to filing
their nomination papers. Pursuant to Government Code section 34882, a candidate
running for a city councilmember position is not eligible to hold that office unless they
reside in the geographical area making up the district from which they are elected at the
time their nomination papers are issued. There is no requirement related to a minimum
residency period, and the City is not required to impose such a requirement. In fact,
neighboring cities have taken different positions on this issue – some have imposed a
30-day residency requirement – the legal maximum in California – while others have
imposed no minimum residency requirement. The City currently has no minimum
residency requirement, and the City Council invites the public to provide their input on
this topic.
The proposed ordinance for City Council consideration is attached to this staff report.
This ordinance may be used for any map and the sequence of elections selected by the
City Council. This ordinance will be introduced (the “first reading”) on May 19, 2025, and
adoption (“the second reading”) is scheduled for the June 2, 2025 City Council meeting.
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.
The City has also provided 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 have been 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.
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21791321.1
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.
During the regular meeting of March 3, 2025, the City Council held its first public
hearing – Public Hearing No. 1 - 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 Public Hearing No. 2 at which 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, engaged the public in map-drawing, and gathered
further public input.
On April 7, 2025, the City Council held Public Hearing No. 3 to receive public and City
Council feedback on this first set of draft maps. The City Council, after considering
public input, provided direction to Redistricting Partners on proposed map revisions and
new maps to be drawn for Public Hearing No. 4 on April 21, 2025.
On April 21, 2025, the City Council held Public Hearing No. 4 to receive public and City
Council feedback on the second set of draft maps. The City Council, after considering
public input, provided direction to Redistricting Partners on proposed map revisions and
new maps to be drawn for Public Hearing No. 5 on May 5, 2025.
Two weeks later, on May 5, 2025, Public Hearing No. 5 was held was held to receive
public and City Council feedback on the second set of draft maps. After considering this
public input and the presentation by the demographer, the City Council provided
direction to Redistricting Partners on the final two draft maps for consideration – Draft
Maps D and F - at the final Public Hearing No. 6.
Attachments:
1.Draft Map D
2.Draft Map F
3. Draft Ordinance No. 2025-XXX
Page 216 of 255
City of GilroyDraft D: JH05 modified Page 217 of 255
City of Gilroy
Draft D: JH05 modified
1 2 3 4 5 6
Population 10,227 10,079 10,058 9,484 10,092 9,752
Deviation 278 130 109 -465 143 -197
Deviation %2.8%1.3%1.1%-4.7%1.4%-2.0%
Other 2,304 4,860 3,247 1,218 2,532 4,535
Other %22.5%48.2%32.3%12.8%25.1%46.5%
Latino 6,396 3,637 6,078 7,875 6,647 3,126
Latino %62.5%36.1%60.4%83.0%65.9%32.1%
Asian 1,260 1,371 546 251 754 1,864
Asian %12.3%13.6%5.4%2.6%7.5%19.1%
Black 267 211 187 140 159 227
Black %2.6%2.1%1.9%1.5%1.6%2.3%
2020 Census
1 2 3 4 5 6
Total CVAP 5,922 6,820 6,686 3,618 5,544 7,095
Other CVAP 1,325 3,369 2,183 795 1,925 3,548
Other CVAP %22.4%49.4%32.7%22.0%34.7%50.0%
Latino CVAP 3,891 2,438 3,879 2,488 2,808 2,380
Latino CVAP %65.7%35.7%58.0%68.8%50.6%33.5%
Asian CVAP 552 989 428 202 648 940
Asian CVAP %9.3%14.5%6.4%5.6%11.7%13.2%
Black CVAP 154 24 196 133 163 227
Black CVAP %2.6%0.4%2.9%3.7%2.9%3.2%
Citizen Voting Age Population (CVAP)
Page 218 of 255
City of Gilroy
Draft D: JH05 modified
District 1
Other %Latino %Asian %Black %
2020 Census
Other %Latino %Asian %Black %
Citizen Voting Age Population
Population Deviation Deviation %Other Other %Latino Latino %Asian Asian %Black Black %
10,227 278 2.8%2,304 22.5%6,396 62.5%1,260 12.3%267 2.6%
Total CVAP Other CVAP Other CVAP %Latino CVAP Latino CVAP %Asian CVAP Asian CVAP %Black CVAP Black CVAP %
5,922 1,325 22.4%3,891 65.7%552 9.3%154 2.6%
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City of Gilroy
Draft D: JH05 modified
District 2
Other %Latino %Asian %Black %
2020 Census
Other %Latino %Asian %Black %
Citizen Voting Age Population
Population Deviation Deviation %Other Other %Latino Latino %Asian Asian %Black Black %
10,079 130 1.3%4,860 48.2%3,637 36.1%1,371 13.6%211 2.1%
Total CVAP Other CVAP Other CVAP %Latino CVAP Latino CVAP %Asian CVAP Asian CVAP %Black CVAP Black CVAP %
6,820 3,369 49.4%2,438 35.7%989 14.5%24 0.4%
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City of Gilroy
Draft D: JH05 modified
District 3
Other %Latino %Asian %Black %
2020 Census
Other %Latino %Asian %Black %
Citizen Voting Age Population
Population Deviation Deviation %Other Other %Latino Latino %Asian Asian %Black Black %
10,058 109 1.1%3,247 32.3%6,078 60.4%546 5.4%187 1.9%
Total CVAP Other CVAP Other CVAP %Latino CVAP Latino CVAP %Asian CVAP Asian CVAP %Black CVAP Black CVAP %
6,686 2,183 32.7%3,879 58.0%428 6.4%196 2.9%
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City of Gilroy
Draft D: JH05 modified
District 4
Other %Latino %Asian %Black %
2020 Census
Other %Latino %Asian %Black %
Citizen Voting Age Population
Population Deviation Deviation %Other Other %Latino Latino %Asian Asian %Black Black %
9,484 -465 -4.7%1,218 12.8%7,875 83.0%251 2.6%140 1.5%
Total CVAP Other CVAP Other CVAP %Latino CVAP Latino CVAP %Asian CVAP Asian CVAP %Black CVAP Black CVAP %
3,618 795 22.0%2,488 68.8%202 5.6%133 3.7%
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City of Gilroy
Draft D: JH05 modified
District 5
Other %Latino %Asian %Black %
2020 Census
Other %Latino %Asian %Black %
Citizen Voting Age Population
Population Deviation Deviation %Other Other %Latino Latino %Asian Asian %Black Black %
10,092 143 1.4%2,532 25.1%6,647 65.9%754 7.5%159 1.6%
Total CVAP Other CVAP Other CVAP %Latino CVAP Latino CVAP %Asian CVAP Asian CVAP %Black CVAP Black CVAP %
5,544 1,925 34.7%2,808 50.6%648 11.7%163 2.9%
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City of Gilroy
Draft D: JH05 modified
District 6
Other %Latino %Asian %Black %
2020 Census
Other %Latino %Asian %Black %
Citizen Voting Age Population
Population Deviation Deviation %Other Other %Latino Latino %Asian Asian %Black Black %
9,752 -197 -2.0%4,535 46.5%3,126 32.1%1,864 19.1%227 2.3%
Total CVAP Other CVAP Other CVAP %Latino CVAP Latino CVAP %Asian CVAP Asian CVAP %Black CVAP Black CVAP %
7,095 3,548 50.0%2,380 33.5%940 13.2%227 3.2%
Page 224 of 255
City of GilroyDraft F: "Fair-1" modification Page 225 of 255
City of Gilroy
Draft F: "Fair-1" modification
1 2 3 4 5 6
Population 9,851 9,847 9,557 10,225 10,543 9,669
Deviation -98 -102 -392 276 594 -280
Deviation %-1.0%-1.0%-3.9%2.8%6.0%-2.8%
Other 4,778 2,637 4,496 1,798 3,164 1,823
Other %48.5%26.8%47.0%17.6%30.0%18.9%
Latino 3,513 6,098 2,980 7,572 6,790 6,806
Latino %35.7%61.9%31.2%74.1%64.4%70.4%
Asian 1,349 907 1,849 650 470 821
Asian %13.7%9.2%19.3%6.4%4.5%8.5%
Black 211 205 232 205 119 219
Black %2.1%2.1%2.4%2.0%1.1%2.3%
2020 Census
1 2 3 4 5 6
Total CVAP 6,700 5,968 7,123 4,310 6,281 5,303
Other CVAP 3,316 1,415 3,667 1,208 2,562 977
Other CVAP %49.5%23.7%51.5%28.0%40.8%18.4%
Latino CVAP 2,386 3,823 2,307 2,499 3,155 3,714
Latino CVAP %35.6%64.1%32.4%58.0%50.2%70.0%
Asian CVAP 974 603 924 426 388 444
Asian CVAP %14.5%10.1%13.0%9.9%6.2%8.4%
Black CVAP 24 127 225 177 176 168
Black CVAP %0.4%2.1%3.2%4.1%2.8%3.2%
Citizen Voting Age Population (CVAP)
Page 226 of 255
City of Gilroy
Draft F: "Fair-1" modification
District 1
Other %Latino %Asian %Black %
2020 Census
Other %Latino %Asian %Black %
Citizen Voting Age Population
Population Deviation Deviation %Other Other %Latino Latino %Asian Asian %Black Black %
9,851 -98 -1.0%4,778 48.5%3,513 35.7%1,349 13.7%211 2.1%
Total CVAP Other CVAP Other CVAP %Latino CVAP Latino CVAP %Asian CVAP Asian CVAP %Black CVAP Black CVAP %
6,700 3,316 49.5%2,386 35.6%974 14.5%24 0.4%
Page 227 of 255
City of Gilroy
Draft F: "Fair-1" modification
District 2
Other %Latino %Asian %Black %
2020 Census
Other %Latino %Asian %Black %
Citizen Voting Age Population
Population Deviation Deviation %Other Other %Latino Latino %Asian Asian %Black Black %
9,847 -102 -1.0%2,637 26.8%6,098 61.9%907 9.2%205 2.1%
Total CVAP Other CVAP Other CVAP %Latino CVAP Latino CVAP %Asian CVAP Asian CVAP %Black CVAP Black CVAP %
5,968 1,415 23.7%3,823 64.1%603 10.1%127 2.1%
Page 228 of 255
City of Gilroy
Draft F: "Fair-1" modification
District 3
Other %Latino %Asian %Black %
2020 Census
Other %Latino %Asian %Black %
Citizen Voting Age Population
Population Deviation Deviation %Other Other %Latino Latino %Asian Asian %Black Black %
9,557 -392 -3.9%4,496 47.0%2,980 31.2%1,849 19.3%232 2.4%
Total CVAP Other CVAP Other CVAP %Latino CVAP Latino CVAP %Asian CVAP Asian CVAP %Black CVAP Black CVAP %
7,123 3,667 51.5%2,307 32.4%924 13.0%225 3.2%
Page 229 of 255
City of Gilroy
Draft F: "Fair-1" modification
District 4
Other %Latino %Asian %Black %
2020 Census
Other %Latino %Asian %Black %
Citizen Voting Age Population
Population Deviation Deviation %Other Other %Latino Latino %Asian Asian %Black Black %
10,225 276 2.8%1,798 17.6%7,572 74.1%650 6.4%205 2.0%
Total CVAP Other CVAP Other CVAP %Latino CVAP Latino CVAP %Asian CVAP Asian CVAP %Black CVAP Black CVAP %
4,310 1,208 28.0%2,499 58.0%426 9.9%177 4.1%
Page 230 of 255
City of Gilroy
Draft F: "Fair-1" modification
District 5
Other %Latino %Asian %Black %
2020 Census
Other %Latino %Asian %Black %
Citizen Voting Age Population
Population Deviation Deviation %Other Other %Latino Latino %Asian Asian %Black Black %
10,543 594 6.0%3,164 30.0%6,790 64.4%470 4.5%119 1.1%
Total CVAP Other CVAP Other CVAP %Latino CVAP Latino CVAP %Asian CVAP Asian CVAP %Black CVAP Black CVAP %
6,281 2,562 40.8%3,155 50.2%388 6.2%176 2.8%
Page 231 of 255
City of Gilroy
Draft F: "Fair-1" modification
District 6
Other %Latino %Asian %Black %
2020 Census
Other %Latino %Asian %Black %
Citizen Voting Age Population
Population Deviation Deviation %Other Other %Latino Latino %Asian Asian %Black Black %
9,669 -280 -2.8%1,823 18.9%6,806 70.4%821 8.5%219 2.3%
Total CVAP Other CVAP Other CVAP %Latino CVAP Latino CVAP %Asian CVAP Asian CVAP %Black CVAP Black CVAP %
5,303 977 18.4%3,714 70.0%444 8.4%168 3.2%
Page 232 of 255
ORDINANCE NO. 2025-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
TO ESTABLISH THE ELECTION OF MEMBERS OF THE CITY
COUNCIL BY SIX DISTRICTS, ESTABLISH THE BOUNDARIES,
IDENTIFICATION NUMBERS, AND THE ELECTION ORDER OF
EACH DISTRICT, ESTABLISH A RESIDENCY REQUIREMENT TO
SEEK A COUNCIL SEAT FROM EACH DISTRICT, AND RELATED
ACTIONS
WHEREAS, the City of Gilroy has historically used an at-large method of
election, which is consistent with the guarantees of Section 7 of Article 1 and of Section
2 of Article II of the California Constitution; and
WHEREAS, the City's at-large electoral system elects six at-large members to
the City Council and an at-large mayor to staggered four-year terms; and
WHEREAS, California Government Code Section 34886 permits the City Council
to change the method of election by ordinance to a “by-district” system in which each
member of the City Council is elected only by the voters in the district in which the
candidate resides, in accordance with California Government Code Section 34871; and
WHEREAS, a by-district system can also be consistent with the guarantees of
Section 7 of Article I and of Section 2 of Article II of the California Constitution; and
WHEREAS, on February 24, 2025, the City Council adopted Resolution No.
2025-07 which initiated the process of establishing a by-district election system to
replace the current at-large system commencing with the 2026 election; and
WHEREAS, under the provisions of California Elections Code Section 10010, a
city that changes from an at-large city council method of election to a by-district city
council method of election must hold a total of five public hearings, which includes at
least two (2) public hearings regarding potential voting district boundaries prior to the
release and consideration of any draft voting district maps, and two (2) public hearings
following the release of draft voting district maps; and
/ / /
Page 233 of 255
WHEREAS, on March 3, 2025 and March 17, 2025, pursuant to California
Elections Code Section 10010(a)(1), the City Council held public hearings where the
public was invited to provide input regarding the composition of the City’s voting districts
before any draft maps were drawn, and the City Council of the City of Gilroy considered
and discussed the same; and
WHEREAS, at the public hearing of the City Council on March 17, 2025, the City
Council also invited input on whether to have six (6) districts and an at-large directly-
elected Mayor, or seven (7) districts with the Mayor selected by the City Council on a
rotating basis, and voted to proceed with a six-district system with an at-large directly
elected Mayor, directing its demographer to draft maps that divide the City into six (6)
districts in preparation for the April 7, 2025 public hearing; and
WHEREAS, on April 7, 2025, April 21 2025, and May 5, 2025 pursuant to
California Elections Code Section 10010(a)(2), the City Council held public hearings
where the public was invited to provide input regarding the content of the draft maps
that had been released and published at least seven (7) days before each public
hearing and the proposed sequence of the elections, and the City Council of the City of
Gilroy considered and discussed the same; and
WHEREAS, at its public hearing on April 7, 2025, the City Council reviewed
twenty-four draft maps prepared by Redistricting Partners based on public input and
direction received at the March 17, 2025, public hearing, and provided direction and
proposed revisions regarding the draft maps and new maps; and
WHEREAS, at its public hearing on April 21, 2025, the City Council reviewed
draft maps that had previously been submitted and created by the public and/ or created
by Redistricting Partners, and provided further direction on changes to the boundaries in
these draft maps and also drew additional draft maps for consideration; and
WHEREAS, at its public hearing on May 5, 2025, the City Council selected Map
D and Map F as the final maps – one of which would be selected at the May 19, 2025
Public Hearing – and noted that it would take up the questions on the order of elections
Page 234 of 255
(that is, which three new districts would be on the 2026 ballot and which three districts
would be on the 2028 ballot) and whether candidates running for City Council must be
residents of the district in which they seek election or any period of time prior to filing
their nomination paper; and
WHEREAS, at its public hearing on May 19, 2025, the City Council selected Map
____ as the final map to serve the purposes and objectives of the California Voting
Rights Act to increase participation in the electoral process and to enable minority
voters to elect candidates of their choice, determined the identification numbers for the
districts [if applicable], identified Districts #, #, and # as those districts that would select
City Council candidates in in 2026, and identified Districts #, #, and # as those districts
that would select City Council candidates in 2028; and
WHEREAS, at its public hearing on May 19, 2025, the City Council determined
that candidates running for City Council must be residents of the district in which they
seek election for at least thirty (30) days prior to filing their nomination papers; and
WHEREAS, these actions by the City Council do not change the schedule or
method of selection of the City's at-large mayor; and
WHEREAS, throughout the foregoing process, the City engaged in a significant
amount of public outreach and engagement above and beyond the public hearings and
other procedures required by California Elections Code Section 10010, including
hosting a webpage dedicated to districting; inviting the submission of community of
interest forms to allow the public to provide input on keeping communities of interest in
single districts to the extent possible; hosting workshops on the Districting process;
inviting the submission of draft maps by the public using an interactive mapping tool;
and providing districting information to local and to good government, civic engagement,
and minority groups active within the City; and,
WHEREAS, the purposes of this Ordinance are to: enact, pursuant to California
Government Code Section 34886, an ordinance providing for the election of members
of the City Council of the City of Gilroy by district in six (6) single-member districts as
reflected in the voting district map referred to as Map ___ and attached as Exhibit A to
Page 235 of 255
this Ordinance, in furtherance of the California Voting Rights Act of 2001 (Chapter 1.5
[commencing with Section 14025] of Division 14 of the Elections Code) to encourage
by-district elections as one method to implement the guarantees of Section 7 of Article I
and of Section 2 of Article II of the California Constitution; to establish which three
districts are on the ballot in 2026 and which three are on the ballot in 2028; and, to
establish a thirty-day (30) residency requirement that requires candidates for City
Council to live in the district in which they will run for at least 30 days prior to filing their
nomination papers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
INCORPORATION OF RECITALS:
The recitals set forth above are true and correct and are hereby incorporated herein by
this reference as if fully set forth in their entirety.
SECTION II
A.SELECTION OF MAP:
From this time forward and commencing with the November 2026 election, City
elections for City Council will be by-district, with the City divided into the six (6) electoral
districts with identification numbers for the districts, as shown on the final map selected
by the City Council – Map ___, and there is no change to the method or schedule of
electing the City's Mayor, who will continue to be elected at-large.
B.ORDER OF ELECTIONS:
Districts #, #, and # will be on the ballot in November of 2026, and Districts #, #, and #
will be on the ballot in November of 2028, in order to serve the purposes and objectives
of the California Voting Rights Act to increase participation in the electoral process and
to enable minority voters to elect candidates of their choice.
C. THIRTY-DAY (30) RESIDENCY REQUIREMENT:
Candidates for City Council must be residents of the district in which they seek election
for at least thirty (30) days prior to filing their nomination papers.
Page 236 of 255
SECTION III
SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance. The City Council of the City of Gilroy hereby
declares that it would have passed and adopted this ordinance, and each section,
subsection, sentence, clause, or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, or phrases may be declared invalid or
unconstitutional.
SECTION IV
TIMING OF EFFECT
Pursuant to section 608 of the Charter of the City of Gilroy, this ordinance shall be in full
force and effect thirty (30) days from and after the date it is adopted.
PASSED AND ADOPTED this June 2, 2025, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
APPROVED:
______________________________
Greg Bozzo, Mayor
ATTEST:
Bryce Atkins, Acting City Clerk
Page 237 of 255
CERTIFICATE OF THE CLERK
I, BRYCE ATKINS, Acting City Clerk of the City of Gilroy, do hereby certify that
the attached Ordinance 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, June 2, 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)
Page 238 of 255
Page 1 of 3
City of Gilroy
STAFF REPORT
Agenda Item Title:Adopt a Resolution Setting the 2025 Fireworks
Service Fee
Meeting Date:May 19, 2025
From:Jimmy Forbis, City Administrator
Department:Community Development
Submitted By:Sharon Goei, Community Development Director
Prepared By:Jonathan Crick, Fire Marshal
STRATEGIC PLAN GOALS Ensure Neighborhood Equity from City Services
RECOMMENDATION
Adopt a Resolution of the City Council of the City of Gilroy setting the 2025 Fireworks
Service Fee at $20,519.70 in accordance with Assembly Bill (AB) 1403.
EXECUTIVE SUMMARY
In accordance with AB 1403, the City of Gilroy may charge fireworks-related fees
totaling up to seven percent (7%) of the reported gross sales. The fireworks-related fee
is comprised of the fireworks booth permit fees, storage yard permit fee, and the
Fireworks Service Fee. For 2024, TNT Fireworks reported $463,610.00 in gross sales,
establishing a maximum allowable total fee of $32,452.70. Staff recommends setting the
2025 Fireworks Service Fee at $20,519.70, since the permit fees total $11,933.00
(consisting of $11,466.00 fireworks booth permit fees and $467.00 storage yard permit
fee). The Fireworks Service Fee will support public education and awareness
campaigns, additional public safety staffing to enforce the provisions of the City Code,
and fire suppression efforts that are directly related to safe and sane fireworks.
BACKGROUND
The City of Gilroy regulates the sale and use of safe and sane fireworks under Gilroy
City Code Section 10A. The City Code establishes a limit of up to 16 booth permits for
Page 239 of 255
Adopt a Resolution Setting the 2025 Fireworks Service Fee
City of Gilroy City Council Page 2 of 3 May 19, 20251
9
5
5
non-profit organizations. The safe and sane wholesale fireworks vendor monitors the
existing organizations as well as manages any potential new applicants for a fireworks
booth permit that becomes available. There are 14 fireworks booths for 2025 and safe
and sane fireworks will be sold to Gilroy residents from July 1-4.
The methodology for determining the Fireworks Service Fee changed last year because
of AB 1403, which became effective January 1, 2024. AB 1403 provides guidance
regarding public safety, fireworks enforcement, and fireworks funding. AB 1403 allows a
city to charge a fee to help offset the actual and reasonable costs incurred by the City
for processing and issuing permits, inspecting fireworks stands, conducting public
education and awareness campaigns on fireworks safety, enforcing the provisions of
the City Code, and fire operation and suppression efforts that are directly related to safe
and sane fireworks. AB 1403 also states that the pro rata share of the cost may not
exceed seven percent (7%) of the gross sales of the fireworks sold in the city during the
applicable period.
ANALYSIS
The safe and sane wholesale fireworks vendor, TNT Fireworks, reported a total 2024
gross sales in Gilroy of $463,610.00. In accordance with AB 1403, the total amount the
City may charge for combined fireworks-related fees in 2025 is seven percent (7%) of
the gross sales, which is $32,452.70.
The City processed and issued 2025 permits for TNT Fireworks as follows:
•Fireworks Booth Permit Fee: $819.00 per booth × 14 booths = $11,466.00
•Fireworks Storage Yard Permit Fee: $467.00 for one storage yard
•Total permit fees: $11,466.00 + $467.00 = $11,933.00
To comply with the seven percent (7%) cap under AB 1403, the Fireworks Service Fee
is calculated as follows: $32,452.70 − $11,933.00 = $20,519.70
Staff recommends setting the 2025 Fireworks Service Fee at $20,519.70. The attached
Resolution is to adopt the Fireworks Service Fee for implementing the 2025 fireworks
mitigation activities.
ALTERNATIVES
The City Council could choose not to adopt a resolution setting the Fireworks Service
Fee. Without this fee, increased enforcement and mitigation efforts may not occur, or
may require General Fund support. Staff does not recommend this option.
FISCAL IMPACT/FUNDING SOURCE
Adopting the proposed Fireworks Service Fee will help offset City costs associated with
additional public safety staffing to enforce the provisions of the City Code, public
education and awareness campaigns, and suppression efforts that are directly related
to safe and sane fireworks.
Page 240 of 255
Adopt a Resolution Setting the 2025 Fireworks Service Fee
City of Gilroy City Council Page 3 of 3 May 19, 20251
9
5
5
PUBLIC OUTREACH
If and when adopted, community engagement efforts will be undertaken to conduct
public education and awareness campaigns in Gilroy through direct mailings, social
media publications, and public postings between the adoption and the July 4th holiday.
NEXT STEPS
If approved, staff would implement the 2025 Fireworks Service Fee and fireworks
mitigation activities.
Attachments:
1. Draft Resolution for 2025 Fireworks Service Fee
Page 241 of 255
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
SETTING THE 2025 FIREWORKS SERVICE FEE IN ACCORDANCE
WITH ASSEMBLY BILL 1403
WHEREAS, the City of Gilroy regulates the sale and use of safe and sane
fireworks under Chapter 10A of the Gilroy City Code; and
WHEREAS, Assembly Bill (AB) 1403, effective January 1, 2024, authorizes cities
to require a fee to offset the actual and reasonable costs associated with the regulation
and enforcement of fireworks sales and use; and
WHEREAS, AB 1403 establishes that the total of all fireworks-related fees
charged by a city shall not exceed seven percent (7%) of the gross sales of fireworks
sold in the city during the applicable period; and
WHEREAS, TNT Fireworks, the wholesale safe and sane fireworks vendor in the
City of Gilroy, reported gross sales of $463,610.00 for the 2024 sales period; and
WHEREAS, seven percent (7%) of the reported gross sales is $32,452.70, which
represents the maximum allowable total of fireworks-related fees under AB 1403; and
WHEREAS, the City has assessed and collected $11,933.00 in fireworks-related
permit fees, which includes $11,466.00 in booth permit fees and $467.00 in storage
yard permit fees; and
WHEREAS, the Fireworks Service Fee is the difference between the maximum
allowable total fee and the permit fees, totaling $20,519.70; and
WHEREAS, the Fireworks Service Fee will be used to support fireworks
mitigation activities, such as public education, public safety staffing for enforcement of
City Code, and fire suppression efforts directly related to the use of safe and sane
fireworks.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Gilroy hereby sets the 2025 Fireworks Service Fee at $20,519.70, in accordance with
AB 1403 and the reported gross fireworks sales for 2024 from TNT Fireworks, and
directs staff to implement the fireworks mitigation activities.
Page 242 of 255
Resolution No. 2025-XX
2025 Fireworks Service Fee
City Council Regular Meeting | May 19, 2025
Page 2 of 3
PASSED AND ADOPTED this 19th day of May 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
Page 243 of 255
Resolution No. 2025-XX
2025 Fireworks Service Fee
City Council Regular Meeting | May 19, 2025
Page 3 of 3
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, May 19, 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)
Page 244 of 255
City of Gilroy
STAFF REPORT
Agenda Item Title:Consent the Appointment of Ken Binder (CalPERS Retired
Annuitant) as the Interim Police Chief Following Successful
Completion of all Peace Officer Standards & Training (POST)
Hiring Requirements and Adoption of a Resolution
Approving the Appointment and Employment Agreement
Meeting Date:May 19, 2025
From: Jimmy Forbis, City Administrator
Department:Administrative Services
Submitted by:Jimmy Forbis, City Administrator
Prepared by:LeeAnn McPhillips, Assistant City Administrator/HR Director
STRATEGIC PLAN GOALS:Not Applicable
RECOMMENDATION
a) Consent the City Administrator's recommendation to appoint Ken Binder (CalPERS
Retired Annuitant) as Interim Police Chief effective upon successful completion of all
Peace Officer Standards & Training (POST) Hiring Requirements.
b) Adopt a resolution of the City Council of the City of Gilroy approving the appointment
of Ken Binder (CalPERS Retired Annuitant) as Interim Police Chief pursuant to
Government Code Section 21221(h) and authorizing the City Administrator to execute
the employment agreement to include setting the employment start date following
successful completion of all POST hiring requirements.
EXECUTIVE SUMMARY
To ensure continuity in the leadership and management of the Police Department, it is
recommended that the City Council consent to the appointment of Ken Binder
(CalPERS retired annuitant) as Interim Police Chief effective upon successful
completion of the Peace Officer Standards & Training (POST) hiring requirements, and
approve the resolution consenting to the appointment and authorizing the City
Administrator to execute the employment agreement.
Page 245 of 255
BACKGROUND
Due to the upcoming retirement (last day of work May 22, 2025) of Police Chief Pedro
Espinoza, the City is in the process of working through the steps to fill the Police Chief
position. However, this process will not be complete for a few months due to the
remaining steps and the required background process required for external candidates.
Therefore, the city has a need for an Interim Police Chief during this time period.
Retired Santa Clara County Sheriff's Office Undersheriff Ken Binder is available to
serve in this leadership position.
Mr. Binder is a California Public Employees’ Retirement System (CalPERS) retired
annuitant, having retired in December 2024. He has the education, skills, and
experience to hit the ground running and serve as Interim Police Chief pending
successful completion of all required Peace Officer Standards & Training (POST) hiring
requirements for a sworn peace officer/chief.
Mr. Binder has twenty-seven years of law enforcement experience, twenty-six of which
were with the Santa Clara County Sheriff's Office (SCCSO). Mr. Binder rose through
the ranks of the SCCSO and was promoted to the position of Undersheriff in 2020
where he oversaw daily operations of the Sheriff's Office and played a key role in the
leadership team. He holds a Bachelor of Science in Business Administration with a
concentration in Finance from San Jose State University and a Master of Arts in
Criminal Justice from Arizona State University. He is a graduate of the FBI National
Academy, Class 248.
California Government Code Section 21221(h) allows an agency to hire a retired
annuitant to serve in an “interim” position when there is an immediate need for
expertise and specialized skills and recruitment is underway for the position. The city
has already completed many of the steps of the recruitment process and this interim
assignment is expected to last a few months. Further, the retired annuitant may not
work more than 960 hours in a fiscal year and cannot receive any compensation other
than the hourly rate of pay for the work performed by other employees performing
comparable duties.
In the Interim Police Chief role for the Police Department and as an officer of the city,
Ken Binder agrees to perform the following duties related to the Gilroy Police
Department:
•Administer and manage comprehensive police services such as the preservation
of order, protection of life and property and the enforcement of laws and
municipal ordinances, all in a strong partnership with the community, using
customer service techniques.
•Formulate and enforce departmental rules, policies and procedures, and
maintain effective discipline.
Page 246 of 255
•Manage the selection and assignment of Police Department employees.
•Review and approve departmental personnel actions.
•Direct the administration of staff training programs.
•Formulate the annual departmental budget, and control budget expenditures.
•Prepare regular and requested oral and written reports for presentation to the
City Administrator and the City Council.
•Direct the preparation of internal reports, orders and directives.
•Direct the preparation of external reports such as criminal statistic reports to the
Federal Bureau of Investigation, Department of Justice, and California Highway
Patrol.
•Administer the communications operations, records, permits and licensing.
•Administer the Law Enforcement Branch of the City’s Emergency Operations
Center.
•Coordinate Police service activities with those of other law enforcement and
related organizations.
•Confer with attorneys and others in connection with prosecution of law violators,
defending and protecting the City against civil liability and administrative
personnel practices.
•Attend public administration conferences, meetings, and seminars.
•Perform public liaison work to maximize citizen support and to formulate and
explain Police policies, programs and activities.
•Perform Police and field duties including but not limited to incident command of
major operations.
•Perform other related duties as assigned.
As the Interim Police Chief, Ken Binder will report directly to the City Administrator and
shall comply with all City rules, policies, guidelines, regulations, and laws. Mr. Binder
will be paid $127.40 per hour with no other benefits or incentives.
ALTERNATIVES
The alternative would be not to approve the interim appointment. The city would then
need to alternatively identify someone else to serve in this role or leave the position
vacant. These alternatives are not recommended.
FISCAL IMPACT/FUNDING SOURCE
This interim appointment provides a cost savings to the city as only the hourly rate for
the position is paid to the retired annuitant and not any benefits. It is estimated that this
interim appointment will save the city approximately $7,000 per month when filled on a
full-time basis. Over a three-four-month period, the savings will total approximately
$21,000 – $28,000.
Page 247 of 255
NEXT STEPS
Upon Council approval, the City Administrator will direct the completion of the POST
hiring requirements which are already underway and, upon successful completion of
these requirements, will sign the employment agreement and set the employment start
date. In addition, staff will continue to complete the remaining steps of the Police Chief
recruitment process until an ongoing appointment is made.
Attachments:
1. Resolution for Interim Appointment and Employment Agreement
2. Exhibit A – Employment Agreement for Ken Binder
Page 248 of 255
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPOINTING KEN BINDER AS INTERIM
POLICE CHIEF TO LEAD AND MANAGE THE POLICE
DEPARTMENT AND APPROVING EMPLOYMENT
AGREEMENT
WHEREAS, Government Code Section 21221(h) permits the City Council to appoint a retired
annuitant to a vacant position requiring specialized skills during recruitment for a permanent
appointment, and provides that such appointment will not subject the retired person to reinstatement
from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours
in a fiscal year; and
WHEREAS, Ken Binder retired from California Public Employees’ Retirement System
employment on December 31, 2024; and
WHEREAS, Ken Binder has twenty-seven years of municipal public safety experience and
most previously served as the Santa Clara County Sheriff’s Office Undersheriff from 2020 - 2024; and
WHEREAS, the position of Police Chief will become vacant on May 23, 2025 following the
retirement of Pedro Espinoza; and
WHEREAS, the Gilroy City Council desires to consent the City Administrator’s
recommendation to appoint retired annuitant Ken Binder to lead and manage the Gilroy Police
Department in the position of Interim Police Chief for the City of Gilroy under Government Code
Section 21221(h), effective upon successful completion of all Peace Officer Standards & Training
(POST) hiring requirements; and
WHEREAS, Ken Binder has extensive experience leading and managing a public safety
department and experience with all administrative aspects of leading and managing a California law
enforcement department; and
WHEREAS, an appointment under Government Code Section 21221(h) requires that the City
has initiated steps to begin the recruitment process for the vacant position; and
WHEREAS, this Section 21221(h) appointment shall only be made once and therefore will
end on the date immediately preceding the date on which the ongoing regular replacement for the
vacant position of Police Chief for the City of Gilroy commences his or her employment or, if earlier,
the date that this appointment is terminated by the City or Ken Binder; and
WHEREAS, the entire employment agreement between Ken Binder and the City of Gilroy
has been reviewed by this body and is attached hereto as Exhibit A; and
WHEREAS, no matters, issues, terms, and/or conditions related to this employment and
appointment have been or will be placed on the consent calendar; and
WHEREAS, the employment shall be limited to 960 hours per fiscal year; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed
the maximum monthly base salary paid to other employees performing comparable duties, divided by
173.333 to equal the hourly rate; and
Page 249 of 255
Resolution No. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPOINTING KEN BINDER AS
INTERIM POLICE CHIEF FOR THE GILROY POLICE DEPARMENT AND APPROVING EMPLOYMENT
AGREEMENT
City Council Meeting | May 19, 2025
Page 2 of 3
WHEREAS, the maximum base monthly salary for this position is $22,745.33 and the hourly
equivalent is $131.23 and the minimum base monthly salary for this position is $16,559.50 and the
hourly equivalent is $95.54; and
WHEREAS, the hourly rate to be paid to Ken Binder will be $127.40; and
WHEREAS, Ken Binder has not and will not receive any other benefit, incentive
compensation in lieu of benefits or any other form of compensation in addition to this hourly pay rate.
NOW, THEREFORE, the City Council of the City of Gilroy hereby finds, determines, and
resolves as follows:
1. The City Council has considered the full record before it, which may include but is not
limited to such things as the staff report, testimony by staff and the public, and other
materials and evidence submitted or provided to it. Furthermore, the recitals s et forth
above are found to be true and correct and are incorporated herein by reference.
2. The City Council hereby certifies the nature of the employment of Ken Binder as
described herein and detailed in the attachment employment agreement and that this
appointment is necessary to fill the critically needed position of Interim Police Chief
for the City of Gilroy Police Department to provide the specialized skills necessary to
lead and manage the City’s police department functions.
3. The City Council hereby authorizes the appointment of Ken Binder to Interim Police
Chief effective a date following successful completion of all POST hiring requirements
pursuant to the authority provided under Government Code Sections 21221(h), which
shall end on the date immediately preceding the date on which the permanent
replacement for the vacant position of Police Chief for the City of Gilroy commences
his or her employment or, if earlier, the date that this appointment is terminated by the
City or Ken Binder.
4. The employment agreement with Ken Binder, a copy of which is attached hereto as
Exhibit A and will be maintained on file with the Human Resources Department, is
approved by the City Council, effective on a date following successful completion of
all POST hiring requirements.
5. The City Administrator is authorized to execute said agreement on behalf of the City,
with such technical amendments as may be deemed appropriate by the City
Administrator and City Attorney.
PASSED AND ADOPTED this 19th day of May, 2025 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
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Resolution No. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPOINTING KEN BINDER AS
INTERIM POLICE CHIEF FOR THE GILROY POLICE DEPARMENT AND APPROVING EMPLOYMENT
AGREEMENT
City Council Meeting | May 19, 2025
Page 3 of 3
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Greg Bozzo, Mayor
ATTEST:
__________________________
Bryce Atkins, Acting City Clerk
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Page 1 of 4
EXHIBIT A
RETIRED ANNUITANT EMPLOYMENT AGREEMENT
The Retired Annuitant Employment Agreement (“Agreement”) is made by and between the City
of Gilroy, a municipal corporation of the State of California (“City”) and Ken Binder, an
individual (“Retired Annuitant”) effective upon successful completion of all required Peace
Officer Standards & Training (POST) hiring requirements (“Effective Date”).
RECITALS
A. Retired Annuitant previously was employed by the County of Santa Clara, a California Public
Employees’ Retirement System (CalPERS) employer, having previously served as the Santa
Clara County Sheriff’s Office Undersheriff from 2020-2024; and
B. Retired Annuitant retired from public service effective December 31, 2024 and began
collecting a retirement pension from the California Public Employees’ Retirement System
(CalPERS); and
C. The City will have a vacancy in the position of Police Chief beginning May 23, 2025, a regular
position for which the City has already commenced steps to recruit a permanent appointment
beginning in February 2025; and
D. The City has an immediate need for an employee to temporarily perform the position of
Interim Police Chief, a position involving specialized skills and training, and which is critically
necessary to the on-going duties and functions of the City’s Police Department; and
E. Retired Annuitant has the necessary qualifications, experience, and abilities to assist City in
the duties of leadership and management of the Police Department; and
F. Retired Annuitant’s employment is authorized by Government Code section 21221(h), which
permits the City to appoint a CalPERS retired annuitant to a vacant position requiring specialized
skills during recruitment for a permanent replacement; and
G. City desires to retain the services of Retired Annuitant in accordance with California
Government Code Section 21221(h) and Retired Annuitant agrees to provide certain services to
City under the strict terms and conditions set out in this Agreement; and
H. The appointment of this retired annuitant prior to 180 days post-retirement is allowable under
Government Code 7522.56 as the Interim Police Chief is a public safety position.
In consideration of this matter described above and of the mutual benefits and obligations set
forth in this Agreement, the receipt and sufficiency of which consideration is hereby
acknowledged, the parties of this Agreement agree as follows:
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Page 2 of 4
AGREEMENT
Section 1. Term of Services
The term of this Agreement is from successful completion of all POST hiring requirements until
such time as a regular ongoing replacement for the position of Police Chief has been selected and
has commenced employment, unless terminated sooner as provided below.
Section 2. Scope of Services
Retired Annuitant, as an officer of the city, agrees to perform the following duties related to the
Gilroy Police Department:
• Administer and manage comprehensive police services such as the preservation of order,
protection of life and property and the enforcement of laws and municipal ordinances, all in a
strong partnership with the community, using customer service techniques.
• Formulate and enforce departmental rules, policies and procedures, and maintain effective
discipline.
• Manage the selection and assignment of Police Department employees.
• Review and approve departmental personnel actions.
• Direct the administration of staff training programs.
• Formulate the annual departmental budget, and control budget expenditures.
• Prepare regular and requested oral and written reports for presentation to the City Administrator
and the City Council.
• Direct the preparation of internal reports, orders, and directives.
• Direct the preparation of external reports such as criminal statistic reports to the Federal Bureau
of Investigation, Department of Justice, and California Highway Patrol.
• Administer the communications operations, records, permits and licensing.
• Administer the Law Enforcement Branch of the City’s Emergency Operations Center.
• Coordinate Police service activities with those of other law enforcement and related
organizations.
• Confer with attorneys and others in connection with prosecution of law violators, defending and
protecting the City against civil liability and administrative personnel practices.
• Attend public administration conferences, meetings, and seminars.
• Perform public liaison work to maximize citizen support and to formulate and explain Police
policies, programs, and activities.
• Perform Police and field duties including but not limited to incident command of major
operations.
• Perform other related duties as assigned.
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Page 3 of 4
Retired Annuitant will report directly to the City Administrator. Retired Annuitant shall comply
with all City rules, policies, guidelines, regulations, and laws.
Section 3. Compensation; Hours
City agrees to compensate Retired Annuitant at $127.40 per hour for all services provided under
this Agreement. Payments from City to Retired Annuitant shall be made during the normal
payroll cycles of other City employees.
City has reviewed and compared the hourly rate set forth in this Section with other employees
performing comparable duties and the hourly rate set forth in this Section does not exceed such
other employee’s compensation.
Retired Annuitant agrees and acknowledges that he shall not perform any services under this
Agreement exceeding a total of nine hundred sixty (960) hours during any fiscal year (July 1 to
June 30) inclusive of any hours worked during the same period for other CalPERS employers as
a retired annuitant. Retired Annuitant shall record his hours on a pre-approved timesheet that
shall be submitted to the City every month.
The position is a temporary, hourly assignment which is generally not expected to exceed 40
hours per week. The City, through the City Administrator, will assign Retired Annuitant hours to
work. Due to the nature of the position, it is understood that the workday and workweek hours
may vary, however Retired Annuitant shall not work overtime (i.e. in excess of 40 hours per
week) as payment of overtime is prohibited under Government Code Section 21221(h).
There are no other benefits, incentives, compensation in lieu of benefits or other forms of
compensation in addition to the hourly pay rate set forth in this Section.
Section 4. Location
The primary locations for services will be at the following addresses:
Gilroy Police Department, 7301 Hanna Street, Gilroy, California 95020
Gilroy City Hall, 7351 Rosanna Street, Gilroy, California 95020
Section 5. Compliance with Laws
This Agreement will be construed in accordance with and governed by the laws in the State of
California. In the event that suit shall be brought by any of the parties, the parties agree that
venue shall be exclusively vested in the state courts of the County of Santa Clara, or if federal
jurisdiction is appropriate, exclusively in the United States District Court, Northern District of
California, San Jose, California. Retired Annuitant shall comply with all applicable laws, rules,
policies, and guidelines. Retired Annuitant agrees and acknowledges that the State of California
and the governing body of the California Public Employees’ Retirement System enact strict laws,
regulations and guidelines relating to services provided by “retired annuitants” to public agencies
contracting with the California Public Employees’ Retirement System. Retired Annuitant agrees
to comply with all applicable laws, regulations and guidelines relating to the services provided
under this Agreement.
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Page 4 of 4
Section 6. Termination
This Agreement may be terminated by either party for convenience by providing written notice
to the other party.
Section 7. Miscellaneous
a. Retired Annuitant has read each and every part of this Agreement and Retired Annuitant freely
and voluntarily has entered into this Agreement. This Agreement is a negotiated document and
shall not be interpreted for or against any party by reason of the fact that such party may have
drafted this Agreement or any of its provisions.
b. If a court of competent jurisdiction finds or rules that any provision of this Agreement is
invalid, void, or unenforceable, the provisions of this Agreement not so adjusted shall remain in
full force and effect. The invalidity in whole or in part of any provision of this Agreement shall
not void or affect the validity of any other provision of this Agreement.
c. This Agreement represents the entire and integrated agreement between City and Retired
Annuitant and supersedes all prior negotiations, representations, or agreements, either written or
oral.
In witness where of the parties have duly affixed their signatures on this __ day of ______, 2025.
Employer: City of Gilroy
_______________________
Jimmy Forbis, City Administrator Employment Effective Date
Retired Annuitant:
Ken Binder
Approved as to Form:
Andrew L. Faber, City Attorney
Attest:
Bryce Atkins, Acting City Clerk
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