HomeMy WebLinkAbout2021-05-17 City Council Regular Meeting Agenda Packet
May 17, 2021 12:36 PM City Council Regular Meeting Agenda Page1 MAYOR
Marie Blankley
COUNCIL MEMBERS
Rebeca Armendariz
Dion Bracco
Zach Hilton
Peter Leroe-Muñoz
Carol Marques
Fred Tovar
CITY COUNCIL
AGENDA
CITY OF GILROY
CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET
GILROY, CA 95020
REGULAR MEETING 6:00 P.M.
MONDAY, MAY 17, 2021
CITY COUNCIL MEETING MATERIAL IS AVAILABLE ON THE CITY WEBSITE www.cityofgilroy.org
VIEW THE MEETING LIVE ON THE CITY WEBSITE www.cityofgilroy.org.
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE
GOVERNOR’S EXECUTIVE ORDER N-29-20
In order to minimize the spread of the COVID 19 virus the City Council is conducting
this meeting by web conference and will be offering alternative options for public
participation. You are encouraged to watch the City Council meeting live on the City of
Gilroy’s website at www.cityofgilroy.org or on Cable Channel 17. To view from the
website, select the City Council Meetings section on the home page.
PUBLIC COMMENTS WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE
CITY COUNCIL. DURING THE MEETING: TO PROVIDE VERBAL PUBLIC COMMENTS ON AN
AGENDA ITEM DURING THIS MEETING, LOG INTO THE
ZOOM MEETING AND ENTER THE PASSCODE, OR
CALL THE PHONE NUMBER LISTED HERE AND
ENTER THE MEETING ID AND PASSWORD. When the
Mayor announces the item which you wish to speak
on, press *9 on your telephone keypad to raise your
hand. When called to speak, please limit your comments to three (3) minutes, or such other time
as the Mayor may decide, consistent with the time limit for all other speakers for the particular
agenda item.
COMMENTS MAY ALSO BE EMAILED TO THE CITY CLERKS OFFICE AT
cityclerk@cityofgilroy.org, OR MAILED TO THE GILROY CITY CLERKS OFFICE AT CITY HALL
7351 ROSANNA STREET, GILROY, CA. 95020, PRIOR TO THE MEETING START, TO BE
DISTRIBUTED TO THE COUNCIL MEMBERS AND TO BE INCORPORATED INTO THE MEETING
RECORD.
In compliance with the Americans with Disabilities Act, and Governors Order N-29-20, 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 a minimum of 2 hours prior
to the meeting at (408) 846-0204.
If you challenge any planning or land use decision made at this meeting in court, you may be
Zoom Log In https://rb.gy/ci1ako
or Call : 1 (669) 900-6833
Meeting ID: 885 2269 3404
Passcode: 491830
City Council Regular Meeting Agenda
05/17/2021 Page2 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 Staff’s ability to post the documents before the meeting.
The City Council meets regularly on the first and third Monday of each month, at 6:00 p.m. If a
holiday, the meeting will be rescheduled to the following Monday, with the exception of the single
meeting in July which lands on the first day of the month not a holiday, Friday, Saturday or
Sunday.
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
I. OPENING
A. Call to Order
1. Pledge of Allegiance
2. Invocation
3. City Clerk's Report on Posting the Agenda
4. Roll Call
B. Orders of the Day
C. Employee Introductions
II. CEREMONIAL ITEMS
A. Proclamations, Awards, and Presentations
1. Bicycle Awareness Month
2. National Public Works Week
3. Girl Scout Gold Award Recipient Madison Hammer
4. Girl Scout Gold Award Recipient Lauren DeRosa
III. PRESENTATIONS TO THE COUNCIL
City Council Regular Meeting Agenda
05/17/2021 Page3 PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY
COUNCIL PUBLIC COMMENTS MAY BE SUBMITTED BY EMAIL TO:
cityclerk@cityofgilroy.org, (This portion of the meeting is reserved for persons desiring to address
the Council on matters not on this 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 material provided by public
members for Council agenda item “public comment by Members of the Public on items not on the
agenda” will be limited to 10 pages in hard copy. An unlimited amount of material may be provided
electronically.)
A. Art & Culture Commission Annual Presentation to Council
B. Interview of Park & Recreation Commission Applicants
City Council Regular Meeting Agenda
05/17/2021 Page4 IV. REPORTS OF COUNCIL MEMBERS
Council Member Bracco – Gilroy Sister Cities Association (alternate), Santa Clara Co.
Library JPA, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South
County Regional Wastewater Authority Board, South County Youth Task Force Policy
Team, Street Naming Committee, URM Task Force Sub-committee
Council Member Armendariz – ABAG (Alternate), CalTrain Policy Group, Gilroy
Downtown Business Association Board (alternate), Historic Heritage Committee, Santa
Clara Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy
Authority JPA Board (Alternate), Street Naming Committee, VTA Committee for Transit
Accessibility (Alternate)
Council Member Marques - Gilroy Downtown Business Association Board, Gilroy
Gardens Board of Directors, Historic Heritage Committee (Alternate), Santa Clara
Valley Habitat Agency Governing Board (alternate), Santa Clara Valley Habitat Agency
Implementation Board (alternate), South County Regional Wastewater Authority
(Alternate), URM Task Force Sub-Committee
Council Member Hilton – Gilroy Economic Development Partnership, Silicon Valley
Clean Energy Authority JPA Board, South County United for Health, Visit Gilroy
California Welcome Center Board
Council Member Tovar – Economic Development Corporation Board, Recycling and
Waste Reduction Commission, Santa Clara Co. Expressway Plan 2040 Policy Advisory
Board, Recycling and Waste Reduction Commission, Santa Clara Co. Library JPA
(alternate), SCVWD Water Commission (alternate), South County Regional Wastewater
Authority Board, Street Naming Committee, VTA Committee for Transit Accessibility
Council Member Leroe-Muñoz - ABAG, CalTrain Policy Group (alternate), Cities
Association of Santa Clara County Board of Directors (alternate), Economic
Development Corporation Board, Gilroy Youth Task Force, SCVWD Water Commission,
Silicon Valley Regional Interoperability Authority Board, South County Youth Task Force
Policy Team (alternate), VTA Mobility Partnership, VTA South County City Group, VTA
Policy Advisory Committee
Mayor Blankley - Cities Association of Santa Clara Co. Board of Directors, Gilroy
Economic Development Partnership, Gilroy Sister Cities Association, Gilroy Youth Task
Force (alternate), Santa Clara Valley Habitat Agency Governing Board, SCVWD Joint
Council-SCRWA-Board Water Resources Committee, South County Regional
Wastewater Authority Board, VTA Board of Directors Alternate, VTA Mobility
Partnership, VTA Policy Advisory Committee, VTA South County City Group
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
VI. CONSENT CALENDAR (ROLL CALL VOTE)
All matters listed under the Consent Calendar are considered by the City Council to be routine
and will be enacted by one motion. There will be no separate discussion of these items unless a
request is made by a member of the City Council or a member of the public. Any person desiring
to speak on any item on the consent calendar should ask to have that item removed from the
consent calendar prior to the time the Council votes to approve. If removed, the item will be
discussed in the order in which it appears.
City Council Regular Meeting Agenda
05/17/2021 Page5 A. Minutes of the May 3, 2021 Regular Meeting
B. Endorsement Letter to Support Grant Request for Restoration of Gilroy
Yamato Hot Springs
C. Agreement No. 2021-01, Approval of the Final Map - Property Improvement
Right of Way Dedications by Separate Documents, and Easement
Dedications by Separate Documents for Hoey Ranch Development, Tract
10495, APN's 783-04-023, 783-04-026, 783-04-027 (portion), and 783-04-028
(portion)
D. Approval of a Notice of Acceptance of Completion for the Curb Ramps and
Minor Concrete Improvements on 2nd and 3rd Street Project No. 20-PW-265
and Approval of a Final Contract with McKim Corporation in the Amount of
$62,100
E. Claim of George Rosas (The City Administrator recommends a “yes” vote
under the Consent Calendar shall constitute the denial of the claim)
F. Claim of Nicole Craig (The City Administrator recommends a “yes” vote
under the Consent Calendar shall constitute the denial of the claim)
VII. BIDS AND PROPOSALS
A. First Amendment to the Agreement for Services with CSG Consultants, Inc.
for Continued On-Call Building and Fire Prevention Plan Check and
Inspection Services until July 15, 2021
1. Staff Report: Robert Carrera, Management Analyst
2. Public Comment
3. Possible Action:
Approve an amendment with CSG Consultants, Inc. to extend their agreement
until July 15, 2021 and increasing their contract capacity by $59,178, to a total of
$922,766 for On-Call Building and Fire Prevention Plan Check and Inspection
Services.
VIII. PUBLIC HEARINGS
A. Conduct of a TEFRA Public Hearing and Approval of the Issuance of Multi-
family Housing Revenue Bonds by the California Municipal Finance
Authority for an Affordable Housing Project Located at 1520 Hecker Pass
Highway
City Council Regular Meeting Agenda
05/17/2021 Page6 1. Staff Report: Kraig Tambornini, Senior Planner
2. Disclosure of Ex-Parte Communications
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Adopt a Resolution of the City Council of the City of Gilroy approving the
issuance of multifamily housing revenue bonds in an aggregate principal amount
not to exceed $30,000,000 for the purpose of financing or refinancing the
acquisition and construction of Hecker Pass Apartments project.
B. Public Hearing to Establish a List of Properties Subject to the Weed
Abatement Program and Adoption of a Resolution Authorizing the Fire
Chief to Abate the Nuisance Arising Out of Weeds Growing and Refuse
Accumulating Upon Property in the City of Gilroy Pursuant to Section 12.51
of the Gilroy Code
1. Staff Report: Jim Wyatt, Fire Chief
2. Disclosure of Ex-Parte Communications
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Adopt a Resolution of the City Council of the City of Gilroy authorizing the Fire
Chief to abate the nuisance arising out of weeds growing and refuse
accumulating upon property in the City of Gilroy, pursuant to Section 12.51 of the
Gilroy City Code.
IX. UNFINISHED BUSINESS
A. Garlic City BMX Proposal Presentation
1. Staff Report: Jimmy Forbis, City Administrator
2. Public Comment
3. Possible Action:
Receive presentation from representatives of Garlic City BMX for the potential
development of a public BMX Pump Track at Christmas Hill Park.
B. Approval of Capital Improvement Plan Projects for Funding by the Road
Repair and Accountability Act of 2017 (SB-1) Funds
1. Staff Report: Ogarita Carranza, Management Analyst
2. Public Comment
3. Possible Action:
Adopt a Resolution of the City Council of the City of Gilroy adopting a list of
projects for Fiscal Year 2021-22 to be funded by SB 1: The Road Repair and
Accountability Act of 2017.
C. City Facilities Flag Flying Policy
City Council Regular Meeting Agenda
05/17/2021 Page7 1. Staff Report: Jimmy Forbis, City Administrator
2. Public Comment
3. Possible Action:
Adopt a City Facility Flag Flying Policy
D. Standing Report on Operational Impacts and Other City Efforts Related to
the COVID-19 Pandemic
1. Staff Report: Jimmy Forbis, City Administrator
2. Public Comment
3. Possible Action:
Receive report.
X. INTRODUCTION OF NEW BUSINESS
A. City Council Position on Senate Bill 612 (Portantino): A Ratepayer Equity
Bill
1. Staff Report: Trevin Barber, Senior Management Analyst
2. Public Comment
3. Possible Action:
Approve a Letter of Support for Senate Bill 612 (Portantino): A Ratepayer Equity
Bill
B. Acceptance of American Rescue Plan Act Funding and Review and
Approval of the Conceptual Plan to Restore Projects and Services in the
Upcoming Biennial Budget
1. Staff Report: Harjot Sangha, Finance Director
2. Public Comment
3. Possible Action:
1. Ratify acceptance of the American Rescue Plan Act award; and
2. Review and approve conceptual plan to restore projects and services in the
upcoming FY 22 and 23 biennial budget.
C. Appointment to a Vacant Seat on the Parks and Recreation Commission
with a Term Ending December 31, 2022
1. Staff Report: Jimmy Forbis, City Administrator
2. Public Comment
3. Possible Action:
Appoint a member to the vacant seat on the Parks and Recreation Commission
with a term ending December 31, 2022.
D. City Council Position on AB 1091 (Berman) - Santa Clara County Valley
Transportation Authority Board of Directors
City Council Regular Meeting Agenda
05/17/2021 Page8 1. Staff Report: Jimmy Forbis, City Administrator
2. Public Comment
3. Possible Action:
Consideration of Council's position on Assembly Bill 1091 (Berman)
Adjourn to the Meeting of the Gilroy Public Facilities Financing Authority
XI. GILROY PUBLIC FACILITIES FINANCING AUTHORITY BOARD OF
DIRECTORS
Roll Call of the Board of Directors
1. A Resolution of the Board of Directors of the Gilroy Public Facilities
Financing Authority Declaring Intent to Reimburse Costs Incurred In
Connection to Wastewater Capital Improvements from the Proceeds of
Bonds to be Issued by the Authority
1. Staff Report: Harjot Sangha, Finance Director
2. Public Comment
3. Possible Action:
Adopt a Resolution of the Board of Directors of the Gilroy Public Facilities
Financing Authority declaring intent to reimburse costs incurred in connection
with the wastewater system capital improvements, including the expansion of the
regional wastewater treatment facility owned by South County Regional
Wastewater Authority, from the proceeds of the Bonds to be issued by the
Authority.
Adjourn to the Meeting of the Gilroy City Council
XII. CITY ADMINISTRATOR'S REPORTS
XIII. CITY ATTORNEY'S REPORTS
A. State Surplus Lands Act
XIV. CLOSED SESSION
City Council Regular Meeting Agenda
05/17/2021 Page9 A. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation; Paragraph (1)
of Subdivision (d) of 54956.9 and Gilroy City Code Section 17A.11(3)(a); Case
Name: Joseph Foshee vs. City of Gilroy; Robert Zuniga; and Does 1 to 10
Inclusive; United States Northern District Court of California San Jose Division;
Case No. 5:20-cv-000132-VKD, Filed January 7, 2020.
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to
Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a) (2);
Property: 6490 Auto Mall Parkway, Gilroy, APN 841-15-069 ; Negotiators: Jimmy
Forbis, City Administrator; Other Party to Negotiations: Mike Conrotto; Under
Negotiations: Price and Terms of Payment.
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC
Sec. 54956.8 and GCC Sec.17A.8 (a) (2); Properties:10th Street Bridge: APNs 808-
19-007, 799-30-006, 799-30-007, 808-19-020, 808-50-999, Thomas Luchessa Bridge:
APNs 808-21-025, 808-21-023, 808-21-021, 808-21-018, New Fire Station: APNs
808-18-003, 808-19-029 Negotiators: Jimmy Forbis, City Administrator; Other
Party to Negotiations: Glen Loma Corporation, John M. Filice, Jr.; Negotiating
Price and terms of payment regarding purchase, sale
ADJOURNMENT
MEETING DATES
MAY 2021
24* Study Session – 6:00 p.m.
JUNE 2021
7* Regular Meeting – 6:00 p.m.
21* Regular Meeting – 6:00 p.m.
JULY 2021
*1 Regular Meeting – 6:00 p.m.
Proclamation of the City of Gilroy
WHEREAS, the City of Gilroy joins cities and counties throughout the
countryin promoting May as National Bike Month, and the 21st of May, 2021
as Gilroy Bike to Wherever Day; and
WHEREAS, Gilroy acknowledges that walking and bicycling are
successful transportation modes that promote healthy living, alleviates traffic and
parking congestion, reduces air pollution, and decreases fuel consumption; and
WHEREAS, both National Bike Month and Bike to Wherever Day
are effective in converting drivers into pedestrians, bicyclists and educating citizens
about the environmental importance of walking and biking to school or work
regularly; and
WHEREAS, Gilroy’s efforts to promote Bike to Wherever Day
2021 include an Energizer Station at the Miller Avenue and Uvas Levee
Trail Junction, staffed by the Bicycle Pedestrian Commission and volunteers;
and
WHEREAS, Local Bicycle Advocate Eugene Bernosky has been
nominated by the Bicycle Pedestrian Commission as the Bicycle Person of the
Year for his efforts in providing community services in the form of fixing and
refurbishing donated bicycles to give back to Gilroy citizens without bicycles in
their possession and having the need for such bicycles for recreation an d work;
and
WHEREAS, Eugene has also gone above and beyond in also engaging
the Gilroy community and its citizens by helping effectively organize Silicon Valley
Bicycle Coalition events for the benefit of all who choose to participate, the City
Council wishes to recognize him for his efforts.
NOW, THEREFORE I, Marie Blankley, Mayor of the City
of Gilroy on this 17th day of May, 2021, along with my colleagues on the City
Council as Mayor, do hereby proclaim the month of May, 2021 as
Bicycle Awareness Month
Marie Blankley, Mayor
2.A.1
Packet Pg. 10 Communication: Bicycle Awareness Month (Proclamations, Awards, and Presentations)
Proclamation
National Public Works Week
May 16 – 23, 2021
“Stronger Together”
WHEREAS, public works professionals focus on infrastructure, facilities and services that are of
vital importance to sustainable and resilient communities and to the public health, high quality
of life and well-being of the people of State of California; and,
WHEREAS, these infrastructure, facilities and services could not be provided without the
dedicated efforts of public works professionals, who are engineers, managers and employees at
all levels of government and the private sector, who are responsible for rebuilding, improving
and protecting our nation’s transportation, water supply, water treatment and solid waste
systems, public buildings, and other structures and facilities essential for our citizens; and,
WHEREAS, it is in the public interest for the citizens, civic leaders and children in the City of Gilroy
to gain knowledge of and to maintain an ongoing interest and understanding of the importance
of public works and public works programs in their respective communities; and,
WHEREAS, the year 2021 marks the 61st annual National Public Works Week sponsored by the
American Public Works Association be it now.
NOW, THEREFORE, I, MARIE BLANKLEY, MAYOR OF THE CITY OF GILROY, CALIFORNIA , do
hereby designate the week May 16 – 22, 2021 as National Public Works Week in the City of Gilroy
and urge all citizens to join with representatives of the American Public Works Association and
government agencies in activities, events and ceremonies designed to pay tribute to our public
works professionals, engineers, managers and employees and to recognize the substantia l
contributions they make to protecting our national health, safety, and quality of life.
2.A.2
Packet Pg. 11 Communication: National Public Works Week (Proclamations, Awards, and Presentations)
Proclamation of the City of Gilroy
Whereas, Madison Hammer began her Scouting Journey in Kinder
as a Daisy with Troop 60493 in Gilroy, CA; and
Whereas, Madison grew through the ranks of Girl Scouts and
received her Girl Scout Bronze and Silver Awards; and
Whereas, Madison earned the most highly regarded Girl Scout Gold
Award titled “Operation Democracy” on December 11, 2019; and Whereas, Madison hosted a week-long event at her school informing
local high school students of the importance of their voice and the value it holds
when they vote; and
Whereas, Madison invited local city council and board members to
an interview panel at a school assembly to discuss important topics, and
additionally helped pre-register students for the next election to automatically
become registered voters after their 18th birthday.
NOW, THEREFORE, I, Marie Blankley, Mayor of the City of
Gilroy, on behalf of the entire City Council, do hereby wish to recognize
Madison Hammer
for achieving the award of distinction of
Girl Scout Gold Award
_____________________
Mayor Marie Blankley
2.A.3
Packet Pg. 12 Communication: Girl Scout Gold Award Recipient Madison Hammer (Proclamations, Awards, and Presentations)
Proclamation of the City of Gilroy
Whereas, Lauren DeRosa began her Scouting Journey in 6th grade as
a Cadette with Girl Scout Troop 60493 in Gilroy, CA; and
Whereas, Lauren grew through the ranks of Girl Scouts and received
her Girl Scout Silver Award; and
Whereas, Lauren earned the most highly regarded Girl Scout Gold
Award titled “Teen Impact Week” on November 12, 2020; and Whereas, Lauren partnered with Impact Teen Drivers whose mission
is to prevent the deaths of youth people from reckless or distracted driving; and
Whereas, Lauren created a school curriculum to encourage responsible
driving for teens that schools can implement in 30-minute increments
throughout five days creating a fun-filled week; and
Whereas, Lauren modeled the program from a nationwide program
that encourages teenagers in middle school and high school to be safe passengers
and responsible drivers as they learn how to manage a vehicle.
NOW, THEREFORE, I, Marie Blankley, Mayor of the City of
Gilroy, on behalf of the entire City Council, do hereby wish to recognize
Lauren DeRosa
for achieving the award of distinction of
Girl Scout Gold Award
_____________________
Mayor Marie Blankley
2.A.4
Packet Pg. 13 Communication: Girl Scout Gold Award Recipient Lauren DeRosa (Proclamations, Awards, and Presentations)
3.B
Packet Pg. 14 Communication: Interview of Park & Recreation Commission Applicants (PRESENTATIONS TO THE COUNCIL)
5/11/2021 https://www.cityofgilroy.org/Admin/FormCenter/Submissions/Print/1876
https://www.cityofgilroy.org/Admin/FormCenter/Submissions/Print/1876 2/2
List your qualifications for this appointment:
List any service to the community including any prior appointments.
What are you goals while serving on this Board/Commission/Committee?
Why are you the most qualified to serve on this Board/Commission/Committee?
Bachelor of Science Business Administration with Minor in Information Technology, Westcoast University Los Angeles
Retired Business Development Manager Hewlett Packard
-Computer Engineer, Marketing and Sales for USA and Latin America
US Air Force Veteran, Member of VFW and American Legion
Architectural Committee for the Heartlands Gardens HOA
I have served in the Santa Clara County Registrar of Voters in Gilro.y
To continue maintaining our park system
Add additional trails to the existing system
Offer and expand the basketball, baseball, and soccer teams and other activities to all interested children and teenagers from
2-18.
I am a grandfather with 4 children and 13 grandchildren living in Gilroy and attending Gilroy schools and using the recreation
and park system. I attend their basketball and soccer games and see why our recreation and park system is a very important
part for all of us. I and my family use the trails for exercising and enjoy the walking.
My children and grandchildren are also are teachers in Gilroy and my youngest grandchild is 8 months old and I have an
interest in maintaining and offering recreation and park activities for all from the youngest to the oldest (seniors) in our city.
I once asked my son, who is a coach for basketball teams for ages though to 5th grade, why there are no teams after that and
he said because they assume that in Middle and High schools they have those activities. This is the age group that needs
those activities the most to keep them busy.
3.B
Packet Pg. 15 Communication: Interview of Park & Recreation Commission Applicants (PRESENTATIONS TO THE COUNCIL)
3.B
Packet Pg. 16 Communication: Interview of Park & Recreation Commission Applicants (PRESENTATIONS TO THE COUNCIL)
5/11/2021 https://www.cityofgilroy.org/Admin/FormCenter/Submissions/Print/1856
https://www.cityofgilroy.org/Admin/FormCenter/Submissions/Print/1856 2/2
List your qualifications for this appointment:
List any service to the community including any prior appointments.
What are you goals while serving on this Board/Commission/Committee?
Why are you the most qualified to serve on this Board/Commission/Committee?
Education;
- Currently enrolled in Sports Management Bachelor
- AA Kinesiology
- GED
- High school Diploma
Work:
- Program Director (Audax Soccer club 2018-Present)
-Club Soccer head coach age U5-18 boys/girls (2016-Present)
-Girls Varsity Soccer Coach Gilroy High-school (2018-Present)
- Camp Coordinator Catalyst soccer (2016-2018)
-Soccer coach at Gilroy high school
- Garlic Festival Volunteer 2016,2017,2018,2019( set up and take down)
My goal is to make everyone in Gilroy realize that the City of Gilroy wants the best for its youth.By providing resources to grow
individuals and make them love Gilroy.
I am most qualifies because I've been involved in competitive sports for about 6 years and I know and have the ideas on how
to give more to Gilroy youth.
3.B
Packet Pg. 17 Communication: Interview of Park & Recreation Commission Applicants (PRESENTATIONS TO THE COUNCIL)
3.B
Packet Pg. 18 Communication: Interview of Park & Recreation Commission Applicants (PRESENTATIONS TO THE COUNCIL)
5/11/2021 https://www.cityofgilroy.org/Admin/FormCenter/Submissions/Print/1885
https://www.cityofgilroy.org/Admin/FormCenter/Submissions/Print/1885 2/3
List your qualifications for this appointment:
List any service to the community including any prior appointments.
As a longtime resident of the city of Gilroy, my desire is to continue to utilize my vast university and corporate experience and
contribute to our community. I have twenty plus years’ experience in various Quality and Service operations within the Higher
Education and Financial Services industries in which I have built a solid background in Student/Customer Support, Personnel
Management, Project Management, Quality, Regulatory, Compliance, and Back Office Operations. In this capacity, I have
developed an expertise in Worldwide Customer Service Procedure and Policy Coordination, Quality Assurance, Process
Development and Improvement, Project Planning and Implementation, Leadership, and Motivation.
Most recently, I am the Assistant Director of the Financial Aid and Scholarship Office at the University of California, Santa Cruz
responsible for Customer Service and Special Programs. Our office administers over $260 million in financial aid. Our campus
enrollment is around 18,000 students with over 70% of these students receiving some form of financial aid. I am responsible
for coordinating the financial aid office’s day-to-day service operations (front counter, Zoom, and phones) for the campus
community. I also oversee our Special Programs which includes University of California Education Abroad Program (UCEAP).
UCSC is one of the top participants in education abroad out of all the UC campuses with over 600 participants. Special
Programs include scholarships as I oversee the processing of our scholarship programs (departmental, campus, and outside
agency). With all my program responsibilities, it is important that I keep abreast of all the various state and federal regulations
so that our staff adheres to quality assurance and is compliant with all regulations. This involves a regular review of all
processes, providing feedback to the team, and training, if applicable. I also coordinate our office’s outreach events. We
participate in over 100 events (on and off) every year in which I was involved with every aspect of the events including
planning, staffing, and presenting. My responsibilities require me to understand our campus resources (Admissions, Registrar,
Cashier’s Office, Student Business Services, Counseling, SLUG Support, etc.) in order to assist students with their various
inquiries and needs.
Outside of my business management qualifications, my family and I have always been involved with Gilroy through youth
programs (NJB Basketball - Family Participants and Coach; Gilroy Summer Rec Programs; Gilroy Little League), high school
outreach (CAL Soap/Cash For College - GHS Financial Aid Workshops, GHS College Nights), high school athletics (7 years
Gilroy High School Varsity Boys Basketball) and the recreational use of our local parks (Cydney Casper Park, Las Animas
Park, Gilroy Sports Park, Coyote Lake Harvey Bear Ranch County Park). This 20 year involvement provides good insight on
our community's growth, highlights, and areas of improvement.
Outside of my business management qualifications, my family and I have always been involved with Gilroy through youth
programs (NJB Basketball - Family Participants and Coach; Gilroy Summer Rec Programs; Gilroy Little League), high school
outreach (CAL Soap/Cash For College - GHS Financial Aid Workshops, GHS College Nights), high school athletics (7 years
Gilroy High School Varsity Boys Basketball), volunteer service (Gilroy Garlic Festival), and recreational use of our local parks
and facilities (Cydney Casper Park, Las Animas Park, Gilroy Sports Park, Gavilan College, Gilroy Golf Course, Sprig Lake/Mt.
Madonna, Coyote Lake Harvey Bear Ranch County Park). This 20 year involvement provides good insight on our community's
growth, highlights, and areas of improvement.
3.B
Packet Pg. 19 Communication: Interview of Park & Recreation Commission Applicants (PRESENTATIONS TO THE COUNCIL)
5/11/2021 https://www.cityofgilroy.org/Admin/FormCenter/Submissions/Print/1885
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What are you goals while serving on this Board/Commission/Committee?
Why are you the most qualified to serve on this Board/Commission/Committee?
My 20 year involvement provides good insight on our community's growth, highlights, and areas of improvement. Goals that I
would like to see the community achieve:
1. Enrich the lives of the residents. Make the city a better place to live, work and play
- Create positive childhood experiences
- Build a healthier community
- Serve an aging population with social, recreational, active and healthy opportunities
- Provide efficient services to residents regardless of income, background, and ability
- Plan and organize, and whenever possible, to encourage family participation
- Provide opportunities for relaxation, learning and socialization to promote personal growth and well being
2. Preserve, protect, maintain, improve, and enhance natural resources, parkland, and recreational opportunities
- Continue to expand the level of public information and involvement in parks and recreation
3. Anticipate the needs of the changing community and structure programs and facilities accordingly
4. Enhance the city’s arts, cultural and historic assets
- Enhance health and wellness of our patrons through innovative and diversified parks, arts, recreation, leisure and cultural
opportunities
5. Utilize financial resources efficiently and equitably
- Encourage volunteerism
- Maximize financial efficiency and ensure contractual compliance
- Leverage partnerships that produce new parks and facilities that are forward-thinking and world class
The combination of my 20 years residency, listed qualifications, and service to the community provides good local insight on
our community's growth, highlights, and areas of improvement.
I have 20+ years experience which displays a broad range of abilities within the service sector that are Customer, Quality, and
Administrative focused. With my hard work and dedication and the willingness to wear different 'hats' in order to learn the
business and its processes, I feel I can be a great asset to the Parks and Recreation Commission.
As I have seen my family grow and succeed in this community, I welcome the opportunity to make similar contributions to the
growth and success of the city of Gilroy.
3.B
Packet Pg. 20 Communication: Interview of Park & Recreation Commission Applicants (PRESENTATIONS TO THE COUNCIL)
3.B
Packet Pg. 21 Communication: Interview of Park & Recreation Commission Applicants (PRESENTATIONS TO THE COUNCIL)
5/11/2021 https://www.cityofgilroy.org/Admin/FormCenter/Submissions/Print/1884
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List your qualifications for this appointment:
List any service to the community including any prior appointments.
What are you goals while serving on this Board/Commission/Committee?
Why are you the most qualified to serve on this Board/Commission/Committee?
• Motivated, self-starter
• Passion for community work that will improve the health and well-being of Gilroy residents
• Project management skills with the ability to plan and improve processes
• Excellent written and verbal communication skills
• Ability to connect to community member, listen to needs and facilitate change
• Sensitive and empathetic with diverse communities of varying socioeconomic statuses
• South County Collaborative member, 6 years;
• South County Collaborative Board member 2 years, Board Chair 2 years
• Employment: Second Harvest of Silicon Valley, 11 years
While serving on this commission, I plan to broaden my knowledge and connection to the community in which I live. As a
regular park user, I would like to become involved in projects that enhance accessibility, sustainability and usability of parks
and trails for community members and their families. I am excited about the prospect of improving all areas of recreation in the
city including trails and walking/bike pathways.
I have also been employed with Second Harvest Food Bank of Silicon Valley for over 11 years. Part of my work with Second
Harvest is to create and foster partnerships with community agencies and leaders. I have a Masters of Public Health degree
from San Jose State University. The focus of my program and studies were community health and social justice. I will employ
the skills I gained to better the health and health equity of Gilroy residents. Outreach and health promotion are my preferred
areas of community work. As a Parks and Recreation Commissioner, I would like to put those skills to work and better the lives
and health of my community.
3.B
Packet Pg. 22 Communication: Interview of Park & Recreation Commission Applicants (PRESENTATIONS TO THE COUNCIL)
1
City Council Meeting Minutes
05/3/2021
City of Gilroy
City Council Meeting Minutes
May 3, 2021
I. OPENING
A. Call to Order
The meeting was called to order at 6:00 PM by
1. Pledge of Allegiance
Council Member Tovar led the pledge of allegiance.
2. Invocation
There was no invocation.
3. City Clerk's Report on Posting the Agenda
Management Assistant Ruiz reported the agenda was posted on Wednesday,
April 28th at 3:15 p.m.
Attendee Name Title Status Arrived
Marie Blankley Mayor Remote
Rebeca Armendariz Council Member Remote
Dion Bracco Council Member Remote
Zach Hilton Council Member Remote
Peter Leroe-Muñoz Council Member Remote
Carol Marques Council Member Remote
Fred Tovar Council Member Remote
B. Orders of the Day
Mayor Blankley announced that the Council was participating remot ely under the
Governor's order and she then provided details on the process of public
participation.
C. Employee Introductions
No employee introductions.
II. CEREMONIAL ITEMS
A. Proclamations, Awards, and Presentations
1. Recognition of Retiring Communications 911 Operator Bonnie
Snyder
Mayor Blankley recognized Retiring Communications 911 Operator Bonnie
Snyder.
2. Recognition of Retiring Police Officer Michael Bolton
Mayor Blankley recognized Retiring Police Officer Michael Bolton.
3. Proclamation Naming the Month of May Building Safety Month
Mayor Blankley presented the proclamation.
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III. PRESENTATIONS TO THE COUNCIL
A. Youth Commission Annual Presentation to Council
Chairperson Serena Ramirez presented to Council their past year achievements
and future goals.
IV. REPORTS OF COUNCIL MEMBERS
Council Member Bracco sends his condolences to the Prieto family.
Council Member Armendariz shared that Silicon Valley Clean Energy, currently
has a promotion called '2021 Lights On Silicon Valley' for solar storage. The
Downtown Business Association meeting had a discussion on Carmel Indiana
focusing on development and their thriving economy.
Council Member Marques announced Gilroy Gardens is opening on May 8th to
premium pass holders and to the general public on May 22nd. Kuddos to the
Outreach Manager, Francessa Paist from the Gilroy Compassion Center who
coordinated and conducted a clean-up event from Monterey Hwy to 6th St
bridge.
Council Member Hilton last weekend kicked off an all month long campaign for
Affordable Housing and Bike Anywhere month celebrates, advocacy and
education. Hilton also shares his condolences to Donald Prieto's family.
Council Member Tovar read a heartfelt letter sharing his condolences to the
Prieto family. Tovar also thanked residents and visitors supporting local
businesses and restaurants in downtown Gilroy.
Council Member Leroe-Muñoz extending his condolences to the Prieto family.
Thanked GUSD colleagues for collaboration of last Monday's meeting.
Mayor Marie Blankley extended her condolences to the Prieto family. Blankley
provided a brief update on Economic Development Corporation moving along
with item 536; no report on Sister Cities; VTA shared the average sales tax by
jurisdiction from Measure B and Gilroy had an avera ge sales revenue of 4%.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Marques requested to agendize Code Enforcement activities
report.
Council agreed to agendize this item.
VI. CONSENT CALENDAR (ROLL CALL VOTE)
There was no public comment.
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Peter Leroe-Muñoz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
A. Minutes of the April 19, 2021 Regular Meeting
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B. Opening of a Recruitment Period for Four (4) Seats on the Youth
Commission With Terms Ending September 30, 2023
C. Transfer of Interest Income From the Museum Vase Endowment Trust to
the Gilroy Museum Fund
D. Claim of Liliana Quintanilla (The City Administrator recommends a “yes”
vote under the Consent Calendar shall constitute the denial of the claim)
VII. BIDS AND PROPOSALS - NONE
VIII. PUBLIC HEARINGS
A. Approval of the Community Development Block Grant and Housing Trust
Fund Public Service Grant Allocations and Community Devel opment Block
Grant Annual Action Plan for Fiscal Year 2021 -2022
The staff report was presented by Program Administrator, Maria De Leon and
further presented by Paul Ashby and Vanessa Ashford.
The public hearing was opened.
Public Members Teresa Johnson, Sheri Burns and Alaina Purcell spoke.
The public hearing was then closed.
Possible Action:
Conduct a public hearing and solicit comments on the draft 2021 -2022 Annual
Action Plan.
Approve the Community Development Grant (CDBG) and Housing Trust Fund
(HTF) public service grant allocations for Fiscal Year 2021-2022.
Possible Action:
Conduct a public hearing and solicit comments on the draft 2021-2022
Annual Action Plan.
Approve the Community Development Block Grant (CDBG) and Housing
Trust Fund (HTF) public service grant allocations for Fiscal Year 2021-2022.
RESULT: APPROVE [UNANIMOUS]
MOVER: Zach Hilton, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
B. Consideration of Amendments to the 2019-2020 Annual Action Plan for
Funding Received Under the Coronavirus Aid, Relief, and Economic
Security (CARES) Act (CV-3 Part A) Related to the COVID-19 Pandemic in
the Amount of $422,085
The staff report was presented by Program Admin istrator, Maria De Leon.
The public hearing was opened; there being none, it was then closed.
Possible Action:
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Approve an amendment (Resolution 2021-12) to the Fiscal Year 2019-2020
CDBG Annual Action Plan for supplemental funding established by the CAR ES
Act to provide rental assistance, support to small business affected by COVID -19
pandemic and meals for seniors.
Possible Action:
Approve an amendment to the Fiscal Year 2019-2020 CDBG Annual Action
Plan for supplemental funding established by the CARES Act to provide
rental assistance, support to small business affected by the COVID -19
pandemic and meals for seniors.
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Zach Hilton, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
IX. UNFINISHED BUSINESS
A. Interim Objective Design Standards
The staff report was presented by Senior Planner, Cindy McCormick.
There were no public comments.
Possible Action:
Review draft Interim Objective Design Standards and provide feedback to City
staff.
Council approved Interim Objective Design Standards.
Possible Action:
Review draft Interim Objective Design Standards and provide feedback to
City staff.
B. Council Unhoused Ad Hoc Committee Update
Council Member Marques provided an update.
Public comment was received by Abe Barrera.
Possible Action:
Receive report.
Possible Action:
Receive Report
X. INTRODUCTION OF NEW BUSINESS
A. Resolution Proclaiming the Month of June 2021 as LGBTQ Pride Month
City Administrator Forbis presented the report.
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There was no public comment.
Possible Action:
1) Adopt a resolution (2021-13) proclaiming the month of June 2021 as LGBTQ
Pride month.
Possible Action:
1) Adopt a resolution proclaiming the month of June 2021 as LGBTQ Pride
month; and
2) Direct staff to fly the LGBTQ Pride flag at the City's Civic Center during
the month of June; and
3) Direct staff to return to the May 17, 2021 City Council meeting with a
recommended flag raising policy for Council to consider.
RESULT: APPROVE [UNANIMOUS]
MOVER: Rebeca Armendariz, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
x Resolution Proclaiming the Month of June 2021 as LGBTQ Pride Month
City Administrator Forbis presented the report.
There was no public comment.
Possible Action:
2) Direct staff to fly the LGBTQ Pride flag at the City's Civic Center during the
month of June.
Possible Action:
1) Adopt a resolution proclaiming the month of J une 2021 as LGBTQ Pride
month; and
2) Direct staff to fly the LGBTQ Pride flag at the City's Civic Center during
the month of June; and
3) Direct staff to return to the May 17, 2021 City Council meeting with a
recommended flag raising policy for Council t o consider.
RESULT: APPROVE [4 TO 3]
MOVER: Zach Hilton, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Rebeca Armendariz, Zach Hilton, Peter Leroe-Muñoz, Fred
Tovar
NAYS: Marie Blankley, Dion Bracco, Carol Marques
x Resolution Proclaiming the Month of June 2021 as LGBTQ Pride Month
City Administrator Forbis presented the report.
There was no public comment.
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Possible Action:
3) Direct staff to return to the May 17, 2021 City Council meting with a
recommended flag raising policy for Council to consider.
Possible Action:
1) Adopt a resolution proclaiming the month of June 2021 as LGBTQ Pride
month; and
2) Direct staff to fly the LGBTQ Pride flag at the City's Civic Center during
the month of June; and
3) Direct staff to return to the May 17, 2 021 City Council meeting with a
recommended flag raising policy for Council to consider.
RESULT: APPROVE [4 TO 3]
MOVER: Fred Tovar, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Rebeca Armendariz, Zach Hilton, Peter Leroe-Muñoz, Fred
Tovar
NAYS: Marie Blankley, Dion Bracco, Carol Marques
B. Authorization for the City Administrator to Execute the Countywide AB 939
Fee Agreement and the Countywide Household Hazardous Waste (HHW)
Collection Agreement.
Jimmy Forbis, City Administrator presented the report.
Possible Action:
Receive report and provide authorization for the City Administrator to execute the
Countywide AB 939 Fee Agreement and the Countywide Household Hazardous
Waste (HHW) Collection Agreement.
Possible Action:
Receive report and provide authorization for the City Administrator to
execute the Countywide AB 939 Fee Agreement and the Countywide
Household Hazardous Waste (HHW) Collection Agreement.
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
C. Adoption of a Resolution to Extend Temporary Suspension of Enforcement
of Sections of the Gilroy City Code to Implement a Business Stimulus
Package to Support and Assist Businesses Affected by COVID-19
Karen Garner, Community Development Director presented the report.
Possible Action:
Adopt a resolution (2021-14) of the City Council of the City of Gilroy to extend the
temporary suspension of the enforcement of certain sections of the Gilroy City
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Code in an effort to support businesses and development activity and aid in the
economic recovery of the City resulting from the impacts of COVID -19.
Possible Action:
Adopt a resolution of the City Council of the City of Gilroy to extend the
temporary suspension of the enforcement of certain sections of the Gilroy
City Code in an effort to support businesses and development activity and
aid in the economic recovery of the City resulting from the impacts of
COVID-19.
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Peter Leroe-Muñoz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
XI. CITY ADMINISTRATOR'S REPORTS
City Administrator Forbis annouced dates of upcoming Budget meetings: May 24
Budget Workshop and May 25 Community Workshop. At request of City
Manager, Fire Chieft Wyatt gave a verbal update on COVID -19.
XII. CITY ATTORNEY'S REPORTS
No report.
XIII. CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATORS - COLLECTIVE BARGAINING
UNITS Pursuant to GC Section 54957.6 and GCC Section 17A.11 (4);
Collective Bargaining Units: AFSCME Local 101 Representing Employees
Affiliated with AFSCME, Local 101; City Negotiators: Jimmy Forbis, City
Administrator, LeeAnn McPhillips, HR Director; Anticipated Issues(s) Under
Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandums
of Understanding: City of Gilroy and AFSCME Local 101 Representing
Employees Affiliated with AFSCME, Local 101.
ADJOURNMENT
Mayor Blankley adjourned the meeting in memory of Donald Prieto at 8:30 p.m to
Closed Session.
MEETING DATES
MAY 2021
17* Regular Meeting - 6:00 p.m.
JUNE 2021
7* Regular Meeting - 6:00 p.m.
21* Regular Meeting - 6:00 p.m.
JULY 2021
1* Regular Meeting - 6:00 p.m.
* meeting is webstreamed and televised
/s/ Shawna Freels, MMC
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City Clerk
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City of Gilroy
STAFF REPORT
Agenda Item Title: Endorsement Letter to Support Grant Request for Restoration of
Gilroy Yamato Hot Springs
Meeting Date: May 17, 2021
From: Jimmy Forbis, City Administrator
Department: Human Resources Department
Submitted By: LeeAnn McPhillips
Prepared By: LeeAnn McPhillips
Marie Blankley
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
City Council approval of endorsement letter to support the Gilroy Hot Springs
Conservancy's receipt of grant funding for the restoration of the Gilroy Yamato Hot
Springs.
BACKGROUND
The Gilroy Hot Springs Conservancy has requested a letter of endorsement to receive
grant funds related to the restoration of the Gilroy Yamato Hot Springs. The Gilroy
Yamato Hot Springs is located within Henry W. Coe State Park and it would be
beneficial to the community for the Conservancy to rebuild the historic hotel and operate
a campground not only for local visitors, but as a tourist destination.
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RECOMMENDED ACTION
Mayor Blankley recommends that the City Council provide the Gilroy Hot Springs
Conservancy with a letter of endorsement for the purpose of obtaining grant funds.
Attachments:
1. Endorsement of Grant Request for Gilroy Hot Springs DRAFT Letter
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City of Gilroy
Mayor’s Office
City Hall
7351 Rosanna Street
Gilroy, California
95020-6197
Marie Blankley, Mayor
marie.blankley@cityofgilroy.org
City Hall Office (408) 846-0227
Cell Phone (408) 465-6032
www.cityofgilroy.org
DRAFT
May 18, 2021
Gilroy Hot Springs Conservancy
13800 Gilroy Hot Springs Road
Gilroy, CA 95020
RE: Endorsement of Grant Request for Gilroy Hot Springs Conservancy
To Whom it May Concern:
On behalf of the Gilroy City Council, I am writing this endorsement letter in support of Gilroy
Hot Springs Conservancy’s grant request to help restore Gilroy Yamato Hot Springs and open it
to the public. The Gilroy Hot Springs are located 14 miles from the City of Gilroy and are part
of Henry W. Coe State Park.
California State Parks has granted Gilroy Hot Springs Conservancy permission to re-open the
site once the Conservancy completes several improvements. Among the Conservancy’s goals
are to rebuild the historic hotel, operate a campground, and to the serve the community as a
destination for healing and recreation.
Thank you for your consideration to support this very worthy mission.
Respectfully,
Marie Blankley
Mayor, City of Gilroy
6.B.a
Packet Pg. 33 Attachment: Endorsement of Grant Request for Gilroy Hot Springs DRAFT Letter (3324 : Endorsement Letter Gilroy Hot Springs)
City of Gilroy
STAFF REPORT
Agenda Item Title: Agreement No. 2021-01, Approval of the Final Map - Property
Improvement Right of Way Dedications by Separate Documents,
and Easement Dedications by Separate Documents for Hoey
Ranch Development, Tract 10495, APN's 783-04-023, 783-04-026,
783-04-027 (portion), and 783-04-028 (portion)
Meeting Date: May 17, 2021
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Daryl Jordan
Prepared By: Jorge Duran
Gary Heap
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Approve the Final Map, Property Improvement Agreement No. 2021-01, right of way
dedications, and easement dedications for Hoey Ranch Development, Tract 10495,
APN 783-04-023, 783-04-026, 783-04-027 (portion), 783-04-028 (portion), 783-04-024
(portion).
BACKGROUND
On August 6, 2018, the City Council of Gilroy approved Tentative Map TM 18-01,
granting Hecker Pass North LLC, C/O Skip Spiering approval to subdivide
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approximately 23 Acres into 72 residential lots in the Hoey North Neighborhood
consisting of; two public street parcels for the construction of Autumn Dr. and the
entrance to the Golf Course, 9 private open space parcels that will be maintained by the
homeowners' association and associated public and private streets on property located
north of Hecker Pass Highway ( APN # 783-04-023, 783-04-026, 783-04-027 (portion),
783-04-028 (portion) filed by Hecker Pass North LLC, C/O Skip Spiering). [Reference:
Resolution No. 2018-29, TM 18-01].
Hecker Pass North LLC, is a single project entity owned by Ryder Homes of California.
Hecker Pass North LLC, purchased the unentitled property in December 2017, and
subsequently began to process all necessary approvals and entitlements for residential
development.
Hecker Pass North LLC, entered into a “Purchase & Sale” agreement with Lennar
Homes of California on February 9, 2021. This agreement facilitates the sale of the
property to Lennar Homes of California who will process the final map, record a property
improvement agreement for public improvements, subdivide the parcel, and develop the
property.
DISCUSSION
Lennar Homes of California, Inc. is requesting approval of Tract 10495, Hoey North
Final Map, Right of Way Dedications (by separate documents), and Public Easement
Dedications (by separate documents); and enter into a Property Improvement
Agreement with the City for the construction of Public Improvements, including: new
street grading, paving, curb, gutter, sidewalk, landscape, golf course entrance
improvements, lighting, storm drain, water, sewer, and necessary utility extensions and
connections to serve the development. As part of the Property Improvement Agreement,
the developer is required to provide two bonds: A Faithful Performance bond and a
Payment bond of $9,512,569 each for 100% of the estimated construction cost of the
improvements.
This project will require various easements and right of way dedications for roadway
and utility purposes. Since these areas exist outside of the project boundary, they are
not included in the final map, but will be recorded as separate grant deed documents.
The final map, and the separate grant deeds, will be recorded at the same time. The
following table is a summary of the right of way and easement grant deeds that will be
recorded as separate documents:
Table 1.0 – Summary of Separate Grant Deeds for the Hoey North Subdivision
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Grantor Type of Dedication Type of Public Use
Hecker Pass
North, LLC
Easement Grant Deed Public Water Line
Hoey Ranch Co. Right of Way Grant Deed Public Right of Way
Hoey Ranch Co. Right of Way Grant Deed Public Right of Way
Hoey Ranch Co. Easement Grant Deed Public Service Easement
Hoey Ranch Co. Easement Grant Deed Public Service Easement
Hoey Ranch Co. Easement Grant Deed Public Emergency Vehicle Access
Easement
Tract 10495 Final Map, Right of Way Dedications (by separate documents), Public
Easement Dedications (by separate documents) are ready for Recording with Santa
Clara County with approval by City Council.
ALTERNATIVES
Council may deny the request and let the Tentative Map expire November 30, 2022.
Staff does not recommend this alternative as it will impose unnecessary delay for the
development of the site and will require the developer to process a new Tentative Map
for City approval.
FISCAL IMPACT
There is no net impact to the General Fund. Plan check and inspection fees have been
collected to cover the costs associated with this action. The developer has submitted
bonding and insurance for the above referenced Property Improvement Agreement and
Final Map. All of the above required improvements are part of the developer’s
responsibility, and there are no reimbursements required for this project.
Attachments:
1. Attach 1 - Vicinity Map
2. Attach 2 - Final Map
3. Attach 3 - PIA
4. Attach 4 - Public Dedications
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6.C.a
Packet Pg. 37 Attachment: Attach 1 - Vicinity Map (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.bPacket Pg. 38Attachment: Attach 2 - Final Map (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.b
Packet Pg. 39 Attachment: Attach 2 - Final Map (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.b
Packet Pg. 40 Attachment: Attach 2 - Final Map (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.b
Packet Pg. 41 Attachment: Attach 2 - Final Map (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.b
Packet Pg. 42 Attachment: Attach 2 - Final Map (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.b
Packet Pg. 43 Attachment: Attach 2 - Final Map (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.b
Packet Pg. 44 Attachment: Attach 2 - Final Map (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.b
Packet Pg. 45 Attachment: Attach 2 - Final Map (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.cPacket Pg. 46Attachment: Attach 3 - PIA (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.cPacket Pg. 47Attachment: Attach 3 - PIA (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.cPacket Pg. 48Attachment: Attach 3 - PIA (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.cPacket Pg. 49Attachment: Attach 3 - PIA (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.cPacket Pg. 50Attachment: Attach 3 - PIA (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.cPacket Pg. 51Attachment: Attach 3 - PIA (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.cPacket Pg. 52Attachment: Attach 3 - PIA (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.cPacket Pg. 53Attachment: Attach 3 - PIA (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.cPacket Pg. 54Attachment: Attach 3 - PIA (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.cPacket Pg. 55Attachment: Attach 3 - PIA (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.cPacket Pg. 56Attachment: Attach 3 - PIA (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.cPacket Pg. 57Attachment: Attach 3 - PIA (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.cPacket Pg. 58Attachment: Attach 3 - PIA (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.cPacket Pg. 59Attachment: Attach 3 - PIA (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.cPacket Pg. 60Attachment: Attach 3 - PIA (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.cPacket Pg. 61Attachment: Attach 3 - PIA (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.cPacket Pg. 62Attachment: Attach 3 - PIA (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.cPacket Pg. 63Attachment: Attach 3 - PIA (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.cPacket Pg. 64Attachment: Attach 3 - PIA (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.cPacket Pg. 65Attachment: Attach 3 - PIA (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.cPacket Pg. 66Attachment: Attach 3 - PIA (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.cPacket Pg. 67Attachment: Attach 3 - PIA (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.cPacket Pg. 68Attachment: Attach 3 - PIA (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
6.C.cPacket Pg. 69Attachment: Attach 3 - PIA (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract 10495)
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CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
HECKER PASS NORTH LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
This is to certify that the interest in real property conveyed by the Public Water Line Easement
Grant Deed dated March 10, 2021 from HECKER PASS NORTH LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY, to the City of Gilroy, a municipal corporation of the State
of California, is hereby accepted by the undersigned officer or agent on behalf of the City of
Gilroy pursuant to authority conferred by Resolution No. 2015-55 of the City of Gilroy adopted
October 19, 2015, a certified copy of which resolution is on record in the office of the County
Recorder of the County of Santa Clara, State of California, document # 23133758, dated
November 3, 2015 and the grantee consents to recordation thereof by its duly authorized officer.
In witness whereof, I have hereunto set my hand on _____day of _________, 2021.
By: ___________________________________
Jimmy Forbis
City Administrator
City of Gilroy
6.C.d
Packet Pg. 76 Attachment: Attach 4 - Public Dedications (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract
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CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
HOEY RANCH CO, A CALIFORNIA GENERAL PARTNERSHIP
This is to certify that the interest in real property conveyed by the Right-of-Way Dedication
Grant Deed dated February 9, 2021 from HOEY RANCH CO, A CALIFORNIA GENERAL
PARTNERSHIP, to the City of Gilroy, a municipal corporation of the State of California, is
hereby accepted by the undersigned officer or agent on behalf of the City of Gilroy pursuant to
authority conferred by Resolution No. 2015-55 of the City of Gilroy adopted October 19, 2015, a
certified copy of which resolution is on record in the office of the County Recorder of the
County of Santa Clara, State of California, document # 23133758, dated November 3, 2015 and
the grantee consents to recordation thereof by its duly authorized officer.
In witness whereof, I have hereunto set my hand on _____day of _________, 2021.
By: ___________________________________
Jimmy Forbis
City Administrator
City of Gilroy
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CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
HOEY RANCH CO, A CALIFORNIA GENERAL PARTNERSHIP
This is to certify that the interest in real property conveyed by the Right-of-Way Dedication
Grant Deed dated February 9, 2021 from HOEY RANCH CO, A CALIFORNIA GENERAL
PARTNERSHIP, to the City of Gilroy, a municipal corporation of the State of California, is
hereby accepted by the undersigned officer or agent on behalf of the City of Gilroy pursuant to
authority conferred by Resolution No. 2015-55 of the City of Gilroy adopted October 19, 2015, a
certified copy of which resolution is on record in the office of the County Recorder of the
County of Santa Clara, State of California, document # 23133758, dated November 3, 2015 and
the grantee consents to recordation thereof by its duly authorized officer.
In witness whereof, I have hereunto set my hand on _____day of _________, 2021.
By: ___________________________________
Jimmy Forbis
City Administrator
City of Gilroy
6.C.d
Packet Pg. 94 Attachment: Attach 4 - Public Dedications (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract
6.C.d
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6.C.d
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6.C.d
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6.C.d
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6.C.d
Packet Pg. 100 Attachment: Attach 4 - Public Dedications (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract
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Packet Pg. 101 Attachment: Attach 4 - Public Dedications (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract
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Packet Pg. 102 Attachment: Attach 4 - Public Dedications (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
HOEY RANCH CO, A CALIFORNIA GENERAL PARTNERSHIP
This is to certify that the interest in real property conveyed by the Public Service Easement Grant
Deed dated February 9, 2021 from HOEY RANCH CO, A CALIFORNIA GENERAL
PARTNERSHIP, to the City of Gilroy, a municipal corporation of the State of California, is
hereby accepted by the undersigned officer or agent on behalf of the City of Gilroy pursuant to
authority conferred by Resolution No. 2015-55 of the City of Gilroy adopted October 19, 2015, a
certified copy of which resolution is on record in the office of the County Recorder of the
County of Santa Clara, State of California, document # 23133758, dated November 3, 2015 and
the grantee consents to recordation thereof by its duly authorized officer.
In witness whereof, I have hereunto set my hand on _____day of _________, 2021.
By: ___________________________________
Jimmy Forbis
City Administrator
City of Gilroy
6.C.d
Packet Pg. 103 Attachment: Attach 4 - Public Dedications (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract
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Packet Pg. 109 Attachment: Attach 4 - Public Dedications (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract
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Packet Pg. 110 Attachment: Attach 4 - Public Dedications (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract
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Packet Pg. 111 Attachment: Attach 4 - Public Dedications (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
HOEY RANCH CO, A CALIFORNIA GENERAL PARTNERSHIP
This is to certify that the interest in real property conveyed by the Public Service Easement Grant
Deed dated February 9, 2021 from HOEY RANCH CO, A CALIFORNIA GENERAL
PARTNERSHIP, to the City of Gilroy, a municipal corporation of the State of California, is
hereby accepted by the undersigned officer or agent on behalf of the City of Gilroy pursuant to
authority conferred by Resolution No. 2015-55 of the City of Gilroy adopted October 19, 2015, a
certified copy of which resolution is on record in the office of the County Recorder of the
County of Santa Clara, State of California, document # 23133758, dated November 3, 2015 and
the grantee consents to recordation thereof by its duly authorized officer.
In witness whereof, I have hereunto set my hand on _____day of _________, 2021.
By: ___________________________________
Jimmy Forbis
City Administrator
City of Gilroy
6.C.d
Packet Pg. 112 Attachment: Attach 4 - Public Dedications (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract
6.C.d
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Packet Pg. 117 Attachment: Attach 4 - Public Dedications (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract
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Packet Pg. 118 Attachment: Attach 4 - Public Dedications (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract
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Packet Pg. 119 Attachment: Attach 4 - Public Dedications (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract
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Packet Pg. 120 Attachment: Attach 4 - Public Dedications (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
HOEY RANCH CO, A CALIFORNIA GENERAL PARTNERSHIP
This is to certify that the interest in real property conveyed by the Public Emergency Vehicle
Access Easement Grant Deed dated February 9, 2021 from HOEY RANCH CO, A
CALIFORNIA GENERAL PARTNERSHIP, to the City of Gilroy, a municipal corporation of
the State of California, is hereby accepted by the undersigned officer or agent on behalf of the
City of Gilroy pursuant to authority conferred by Resolution No. 2015-55 of the City of Gilroy
adopted October 19, 2015, a certified copy of which resolution is on record in the office of the
County Recorder of the County of Santa Clara, State of California, document # 23133758, dated
November 3, 2015 and the grantee consents to recordation thereof by its duly authorized officer.
In witness whereof, I have hereunto set my hand on _____day of _________, 2021.
By: ___________________________________
Jimmy Forbis
City Administrator
City of Gilroy
6.C.d
Packet Pg. 121 Attachment: Attach 4 - Public Dedications (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract
6.C.d
Packet Pg. 122 Attachment: Attach 4 - Public Dedications (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract
6.C.d
Packet Pg. 123 Attachment: Attach 4 - Public Dedications (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract
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Packet Pg. 125 Attachment: Attach 4 - Public Dedications (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract
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Packet Pg. 127 Attachment: Attach 4 - Public Dedications (3255 : Final Map, PIA No. 2021-01, Right of Way, and Easement Dedications for Hoey Ranch Tract
City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of a Notice of Acceptance of Completion for the Curb
Ramps and Minor Concrete Improvements on 2nd and 3rd Street
Project No. 20-PW-265 and Approval of a Final Contract with
McKim Corporation in the Amount of $62,100
Meeting Date: May 17, 2021
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Gary Heap
Prepared By: Gary Heap
Sara Soto
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
a) Approve a notice of acceptance of completion for the Curb Ramps and Minor
Concrete Improvements on 2nd and 3rd Street Project No. 20-PW-265.
b) Approve a final contract in the amount of $62,100 with McKim Corporation for the
Curb Ramps and Minor Concrete Improvements on 2nd and 3rd Street Project No.
21-PW-265.
EXECUTIVE SUMMARY
The Public Works Department has completed construction of the Curb Ramps and
Minor Concrete Improvements on 2nd and 3rd Street Project, and has reviewed and
6.D
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approved all project documentation. Staff recommends the City Council approve the
Notice of Acceptance of Completion for the Curb Ramps and Minor Concrete
Improvements on 2nd and 3rd Street Project, Project No. 21-PW-265.
The Project removed and replaced seven curb ramps on 2nd and 3rd Streets around the
perimeter of Brownell Middle School, and repaired minor concrete at the roundabout
located at the intersection of 3rd Street and Santa Teresa Boulevard. This project was
funded through the Gas Tax Fund 2106 (Fund 210). Total cost of the project is $62,100.
BACKGROUND
The City Council awarded the construction contract to McKim Corporation at the
January 25, 2020 regular meeting in the amount of $63,000 with a contingency of
$6,300 (for a total construction allocation of $69,300) and authorized the City
Administrator to execute the contract and associated documents.
ANALYSIS
The project scope of work included the removal and replacement of seven curb ramps
on 2nd and 3rd Streets, and repairs to a damaged curb at the roundabout located at the
intersection of 3rd Street and Santa Teresa Boulevard.
During construction, no construction change orders (CCO) were executed for the
project.
The overall construction schedule for the project was 15 working days. The first working
day of the contract was March 1, 2021. Contract work was completed on schedule on
March 18, 2021.
Project documentation has been completed and all punch-list items have been
addressed by the contractor. Staff recommends that the City Council approve the Notice
of Acceptance of Completion for the Curb Ramps and Minor Concrete Improvements on
2nd and 3rd Street Project, Project No. 21-PW-265.
FISCAL IMPACT/FUNDING SOURCE
The project construction cost of $63,000 was reduced by $900 for Liquidated Damages
for a final construction cost of $62,100. Liquidated damages were assessed due to the
contractor’s schedule delay. None of the project’s contingency was used. Construction
of this project was funded through the Gas Tax Fund 2106 (Fund 210).
Attachments:
1. 21-PW-265 Notice of Completion
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6.D.a
Packet Pg. 130 Attachment: 21-PW-265 Notice of Completion (3257 : NOC Curb Ramps and Minor Improvements on 2nd and 3rd Street)
6.D.a
Packet Pg. 131 Attachment: 21-PW-265 Notice of Completion (3257 : NOC Curb Ramps and Minor Improvements on 2nd and 3rd Street)
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Packet Pg. 132 Attachment: 21-PW-265 Notice of Completion (3257 : NOC Curb Ramps and Minor Improvements on 2nd and 3rd Street)
City of Gilroy
STAFF REPORT
Agenda Item Title: Claim of George Rosas (The City Administrator recommends a
“yes” vote under the Consent Calendar shall constitute the denial of
the claim)
Meeting Date: May 17, 2021
From: Jimmy Forbis, City Administrator
Department: Human Resources Department
Submitted By: LeeAnn McPhillips
Prepared By: LeeAnn McPhillips
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal
counsel, this claim is recommended for rejection.
EXECUTIVE SUMMARY
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal
counsel, the following claim is submitted to the City Council for rejection at the May 17,
2021 meeting:
• Claim of George Rosas
Attachments:
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1. Claim of George Rosas
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6.E.a
Packet Pg. 135 Attachment: Claim of George Rosas (3307 : Claim of George Rosas)
6.E.a
Packet Pg. 136 Attachment: Claim of George Rosas (3307 : Claim of George Rosas)
City of Gilroy
STAFF REPORT
Agenda Item Title: Claim of Nicole Craig (The City Administrator recommends a “yes”
vote under the Consent Calendar shall constitute the denial of the
claim)
Meeting Date: May 17, 2021
From: Jimmy Forbis, City Administrator
Department: Human Resources Department
Submitted By: LeeAnn McPhillips
Prepared By: LeeAnn McPhillips
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal
counsel, this claim is recommended for rejection.
EXECUTIVE SUMMARY
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal
counsel, the following claim is submitted to the City Council for rejection at the May 17,
2021 meeting:
• Claim of Nicole Craig
Attachments:
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1. Claim of Nicole Craig
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City Clerk City of Gilroy 7351 Rosanna Street Gilroy, California 95020 NICOLE L. CRAIG
1057 COCHRANE ROAD, 160-33
MORGAN HILL, CA 95037
(415)317-3722January 5, 2021 Via US Mail and Email: S'/w11•11u.fi-ce/s(iucitvo[gilro1•.orv. Re: Notice of Government Claim To Whom it May Concern: This is a notice of my claim for personal injuries suffered by me on or about October 1, 2020. was walking in front of 7695 Laurel Drive, Gilroy, when a raised section of the sidewalk caused me to fall and severely injure my left knee and right big toe. The incident occurred at night and it was very dark in that area. 1 missed multiple days at work as an attorney, and have received treatment at Kaiser Permanente. I am currently trying physical therapy, but I do not know if that will resolve my ongoing left knee pain and symptoms as well as significant scarring. Due to loss of wages. medical care, and miscellaneous medical supplies. the amount of my claim exceeds $10,000. My claim is based on the legal theory of dangerous condition of public property -specifically that the City knew for several months (or should have known) of at least a 3" raised section of the sidewalk and that it would cause injury. In addition, there is inadequate lighting at that particular spot such that the defect cannot be seen at night. Please note that the inadequate lighting is not subject to sidewalk statutes that shift liability to the homeowner for sidewalk defects. In addition, my claim includes a claim of negligence and gross negligence against the city employee(s) who knew about the condition (or general condition of the sidewalk in the general area or neighborhood, who failed to repair or cause to be repaired, the sidewalk and correct the inadequate lighting. These negligence claims will include a demand for punitive damages against the individual. As far as the City of Gilroy, ram making a claim for vicarious liability. My mailing address is above. My physical address is 1450 Sequoia Drive, Gilroy, CA 95020. \
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City of Gilroy
STAFF REPORT
Agenda Item Title: First Amendment to the Agreement for Services with CSG
Consultants, Inc. for Continued On-Call Building and Fire
Prevention Plan Check and Inspection Services until July 15, 2021
Meeting Date: May 17, 2021
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Karen Garner
Prepared By: Robert Carrera
Karen Garner
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Approve an amendment with CSG Consultants, Inc. to extend their agreement until July
15, 2021 and increasing their contract capacity by $59,178, to a total of $922,766 for
On-Call Building and Fire Prevention Plan Check and Inspection Services.
BACKGROUND
On March 19, 2018, the City Council approved agreements with multiple consultants to
perform on-call building and fire prevention plan check and inspection services for both
the City’s Building Division and Fire Prevention/Hazmat Division. One of those
agreements, and the largest of these agreements, is with CSG Consultants, Inc. (CSG).
CSG is a statewide organization that specializes in a multitude of services surrounding
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development to municipalities. These services include building and fire prevention plan
check and inspection services. CSG has had a previous relationship with the City
providing these services and demonstrated their continued capability to continue
providing these services through the Request for Proposal (RFP) process.
These agreements were for a period of three years, with two, one-year extensions
available. The initial three-year period expired on March 22, 2021. It was prior to this
expiration that staff decided to conduct another RFP process to replenish its on-call
consultants due that the most utilized consultants reached their contract capacity faster
than the timeframe allotted to them. 21-RFP-CDD-453 for ‘On-Call Standard and
Expedited Building, Fire Plan Check and Inspection Services’ was issued on Friday,
May 7th and the qualified proposals to provide those services will be brought to Council
at the July 1st, 2021 meeting. In the interim period while this RFP process is being
conducted, staff wishes to temporarily extend current agreements with these
consultants to ensure there is no disruption of permitting services.
ANALYSIS
The Building Inspection and Fire/Hazmat Divisions have historically relied on
consultants to supplement plan review and inspection services to augment City staffing
levels and assist with peak demands related to construction activity. CSG has been a
reliable partner to the City and the most utilized consultant for plan check and inspection
services. This is in large part due to their extensive resources that they possess in
terms of staff and expertise, which in turn provides our customers with quicker plan
check review turn around and various needed review by experts of large complicated
projects. Having to switch to another consultant for the extensive bulk of our plan check
review and inspection services would cause a slow-down in permit processing. While
the City is in the process of conducting an RFP to replenish these services going into at-
least the next three years, having CSG along with multiple other firms continuing these
services in the interim will be essential to ensuring there is no disruption in our permit
activity.
ALTERNATIVES
Council may choose not to approve this amendment with CSG and therefore the original
expiration date of March 22, 2021 would continue into effect. This would lead to a
significant disruption in City permit activity and cause delays in all aspects of permit
activity from end-to-end, until a suitable alternative is identified. Therefore, this action is
not recommended.
FISCAL IMPACT/FUNDING SOURCE
Funding for these services are fully covered in the Building Division’s contractual
services line-item budget in the General Fund, and the increase in the contract capacity
for CSG is offset by the non-utilization of another on-call building and fire prevention
plan check and inspection services consultant. As of May 6, 2021, out of the $296,160
budgeted for these contractual services, only $122,874, or 41% of that budget has been
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expended. What this amendment does is increase the contract capacity for CSG so that
the City can continue to conduct its plan check and inspection services with them
without disruption.
Fees are collected through plan review and permit processing by the customer at the
time of permit review application and building permit issuance. It should be noted, that
this work is on-call, thus if revenues are not generated through fees, there will not be
contract expenditures.
NEXT STEPS
Upon approval of this amendment, staff will process this amendment with CSG and get
it fully signed and exercised by all parties.
Attachments:
1. DRAFT 1st ADDENDUM to Agreement for Services - CSG Consultants (Building
and Fire Division Services)
2. CSG Consultants - On-Call Standard and Exepdited Building and Fire Plan Check
3. 21-RFP-CDD-453 - On-Call Standard and Expedited Building, Fire Plan Check and
Inspection Services
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4835-2267-0361v1 LAC\04706083 -1-
FIRSTAMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF
GILROY AND CSG CONSULTANTS, INC.
WHEREAS, the City of Gilroy, a municipal corporation (“City”), and CSG Consultants, Inc.
entered into that certain agreement entitled “Agreement for Services”, effective on March 19th, 2018,
hereinafter referred to as “Original Agreement”; and
WHEREAS, City and CSG Consultants, Inc. have determined it is in their mutual interest to
amend certain terms of the Original Agreement.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS
FOLLOWS:
1. The first paragraph of Article 1 (TERM OF AGREEMENT) of the Original Agreement shall be
amended to read as follows:
“This Agreement will become effective on March 22, 2018 and will continue in effect through
July 15, 2021 unless terminated in accordance with the provisions of Article 7 of this
Agreement.”
2. Article 4 (COMPENSATION), Section A (Consideration) of the Original Agreement shall be
amended to read as follows:
“In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however
shall the total compensation paid to CONSULTANT exceed 922,766.”
3. This Amendment shall be effective on May 17, 2021.
4. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain
in full force and effect. In the case of any inconsistencies between the Original Agreement and this
Amendment, the terms of this Amendment shall control.
5. This Amendment may be executed in counterparts, each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the
dates set forth besides their signatures below.
CITY OF GILROY CSG CONSULTANTS, INC.
By:
By:
[signature]
Jimmy Forbis [signature]
Cyrus Kianpour, P.E., P.L.S
[employee name]
City Administrator [name]
President
[title/department] [title]
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Packet Pg. 143 Attachment: DRAFT 1st ADDENDUM to Agreement for Services - CSG Consultants (Building and Fire Division Services) (3304 : Amendment #1:
4835-2267-0361v1 LAC\04706083 -1-
Date: Date:
Approved as to Form ATTEST:
City Attorney City Clerk
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Packet Pg. 144 Attachment: DRAFT 1st ADDENDUM to Agreement for Services - CSG Consultants (Building and Fire Division Services) (3304 : Amendment #1:
AGREEMENT FOR SERVICES
For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 1 day of March, 2018, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: CSG Consultants, Inc., having a principal place of business at 550 Pilgrim
Drive, Foster City, CA 94404.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on March 22, 2018 and will continue in effect through
March 22, 2021 with up to two, one -year extensions possible through a contract amendment
unless terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall
terminate this Agreement regardless of any other provision stated herein. C• 1(.
Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not
an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties
acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY'S
employees, including, without limitation, disability or unemployment insurance, workers'
compensation, medical insurance, sick leave, retirement benefits or any other employment
benefits. CONSULTANT shall retain the right to perform services for others during the term of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" ( "Specific
Provisions ") and Exhibit "B" ( "Scope of Services "), within the time periods described in
Exhibit "C" ( "Milestone Schedule ").
B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above -
described services. CITY shall have no right to, and shall not, control the manner or determine
the method of accomplishing CONSULTANT'S services.
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Packet Pg. 145 Attachment: CSG Consultants - On-Call Standard and Exepdited Building and Fire Plan Check (3304 : Amendment #1: CSG Consultants, Inc.
C. Employment of Assistants
CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as
CONSULTANT deems necessary to perform the services required of CONSULTANT by this
Agreement, subject to the prohibition against assignment and subcontracting contained in
Article 5 below. CITY may not control, direct; or supervise CONSULTANT'S assistants in the
performance of those services. CONSULTANT assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location
and at such times as CONSULTANT shall determine is necessary to properly and timely perform
CONSULTANT'S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULTANT the amounts set forth in Exhibit "D" ( "Payment Schedule "). In no event
however shall the total compensation paid to CONSULTANT exceed 863,588.00.
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit "D ". No payment
will be made unless CONSULTANT has first provided City with a written receipt of invoice
describing the work performed and any approved direct expenses (as provided for in
Exhibit "A ", Section IV) incurred during the preceding period. If CITY objects to all or any
portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30)
days from receipt of the invoice, give reasons for the objection, and pay that portion of the
invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not
to pay any invoiced amounts to which it has objected until the objection has been resolved by
mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against
CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be
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Packet Pg. 146 Attachment: CSG Consultants - On-Call Standard and Exepdited Building and Fire Plan Check (3304 : Amendment #1: CSG Consultants, Inc.
responsible for any expenses incurred by CONSULTANT in performing services for CITY,
except for those expenses constituting "direct expenses" referenced on Exhibit "A."
ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services
under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase
or rent any tools, equipment or services from CITY.
B. Workers' Compensation
CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT'S
employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and
indemnify CITY, its officers, representatives, agents and employees from and against any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses,
including without limitation reasonable attorneys' fees, arising out of any injury, disability, or
death of any of CONSULTANT'S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law,
CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be
unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents
and employees against any and all suits, damages, costs, fees, claims, demands, causes of action,
losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising
or resulting directly or indirectly from any willful or negligent'acts, errors or omissions of
CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims
relating to the injury or death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall
defend, through counsel approved by CITY (which approval shall not be unreasonably withheld),
indemnify and hold harmless CITY, its officers, representatives, agents and employees against
any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and
expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly
from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or
agents, including all claims relating to the injury or death of any person or damage to any
property.
D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to
CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability
Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles,
with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages
due to bodily injury, sickness or disease, or death to any person, and damage to property,
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Packet Pg. 147 Attachment: CSG Consultants - On-Call Standard and Exepdited Building and Fire Plan Check (3304 : Amendment #1: CSG Consultants, Inc.
including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions)
with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate;
provided however, Professional Liability Insurance written on a claims made basis must comply
with the requirements set forth below. Professional Liability Insurance written on a claims made
basis (including without limitation the initial policy obtained and all subsequent policies
purchased as renewals or replacements) must show the retroactive date, and the retroactive date
must be before the earlier of the effective date of the contract or the beginning of the contract
work. Claims made Professional Liability Insurance must be maintained, and written evidence
of insurance must be provided, for at least five (5) years after the completion of the contract
work. If claims made coverage is canceled or non - renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the earlier of the effective date of the
contract or the beginning of the contract work, CONSULTANT must purchase so called
extended reporting" or "tail" coverage for a minimum of five (5) years after completion of
work, which must also show a retroactive date that is before the earlier of the effective date of
the contract or the beginning of the contract work. As a condition precedent to CITY'S
obligations under this Agreement, CONSULTANT shall furnish written evidence of such
coverage (naming CITY, its officers and employees as additional insureds on the 'Comprehensive
Liability insurance policy referred to in (a) immediately above via a specific endorsement) and
requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in
policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or
obligations of CONSULTANT under this Agreement may be assigned or subcontracted by
CONSULTANT without the prior written consent of CITY, which CITY may withhold in its
sole and absolute discretion.
F. State and Federal Taxes
As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying
all required state and federal taxes. Without limiting the foregoing, CONSULTANT
acknowledges and agrees that:
CITY will not withhold FICA (Social Security) from CONSULTANT'S
payments;
CITY will not make state or federal unemployment insurance contributions on
CONSULTANT'S behalf,
CITY will not withhold state or federal income tax from payment to
CONSULTANT;
CITY will not make disability insurance contributions on behalf of
CONSULTANT;
CITY will not obtain workers' compensation insurance on behalf of
CONSULTANT.
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Packet Pg. 148 Attachment: CSG Consultants - On-Call Standard and Exepdited Building and Fire Plan Check (3304 : Amendment #1: CSG Consultants, Inc.
ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the performance of CONSULTANT'S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONSULTANT. Such assignment shall not release
CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant's Business/ Death of Consultant.
CONSULTANT shall notify CITY of the proposed sale of CONSULTANT's business no later
than thirty (30) days prior to any such sale. CITY shall have the option of terminating this
Agreement within thirty (30) days after receiving such notice of sale. Any such CITY
termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to
CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after
CITY' receipt of such notice of sale.
If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated
upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any
of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written
notification to CONSULTANT. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
I. CONSULTANT'S failure to professionally and /or timely perform any of the
services contemplated by this Agreement.
2. CONSULTANT'S breach of any of its representations, warranties or covenants
contained in this Agreement.
CONSULTANT shall be entitled to payment only for work completed in accordance with the
terms of this Agreement through the date of the termination notice, as reasonably determined by
CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for
the tasks described on Exhibit C" which have been fully, competently and timely rendered by
CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to
CONSULTANT'S default in the performance of this Agreement or material breach by
CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY
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Packet Pg. 149 Attachment: CSG Consultants - On-Call Standard and Exepdited Building and Fire Plan Check (3304 : Amendment #1: CSG Consultants, Inc.
may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any
and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope
of work as described in this Agreement, to the extent such costs and expenses exceed the
amounts CITY would have been obligated to pay CONSULTANT for the performance of that
task pursuant to this Agreement.
C. Termination for Failure to Make Agreed -Upon Payments
Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article
4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default
under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this
Agreement if such default is not remedied by CITY within thirty (30) days after demand for such
payment is given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONSULTANT shall
cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in
connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to
facilitate any the assumption of CONSULTANT's duties by any new consultant hired by the
CITY to complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all
applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current
form and as it may be amended from time to time. CONSULTANT shall also require such
compliance of all subcontractors performing work under this Agreement, subject to the
prohibition against assignment and subcontracting contained in Article 5 above. The
CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the
CITY OF GILROY, its officers, employees, agents and representatives from and against all suits,
claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees,
including without limitation reasonable attorneys' fees, that may arise out of any violations of
the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or
representatives of either.
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Packet Pg. 150 Attachment: CSG Consultants - On-Call Standard and Exepdited Building and Fire Plan Check (3304 : Amendment #1: CSG Consultants, Inc.
C. Attorneys' Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce
or interpret the provisions of this Agreement, the prevailing parry will be entitled to reasonable
attorneys' fees, which may be set by the court in the same action or in a separate action brought
for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the
Agreement are for convenience only and shall not be considered nor referred to for resolving
questions of interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal
ordinances and regulations of the CITY which in any manner affect those engaged or employed
in the work, or the materials used in the work, or which in any way affect the conduct of the
work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or
authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the
provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or
subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for
goods or services to refrain from discriminatory employment or subcontracting practices on the
basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant
for employment, or any potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONSULTANT and that no person associated with CONSULTANT has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performance of
this Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONSULTANT for CITY and
contains all the covenants and agreements between the parties with respect to the rendering of
such services in any manner whatsoever. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
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Packet Pg. 151 Attachment: CSG Consultants - On-Call Standard and Exepdited Building and Fire Plan Check (3304 : Amendment #1: CSG Consultants, Inc.
H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt
requested. Mailed notices shall be addressed to the parties at the addresses appearing in
Exhibit "A ", Section V.H. but each party may change the address by written notice in
accordance with this paragraph. Notices delivered personally will be deemed delivered as of
actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of
performance under this Agreement shall not be construed as waiver(s) of any other condition of
performance under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT:
CSG Consultants, Inc.
By:
Name: yr1
Title: Pres
Social Security o?Taxpayer
Identification Number 91- 2053749
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CITY:
CITY OF GILROY
By: -
Name: Gabriel A. Gonzalez
Title: City Administrator
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Packet Pg. 152 Attachment: CSG Consultants - On-Call Standard and Exepdited Building and Fire Plan Check (3304 : Amendment #1: CSG Consultants, Inc.
Approved as to Form
C '*--,
City Attorney
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Packet Pg. 153 Attachment: CSG Consultants - On-Call Standard and Exepdited Building and Fire Plan Check (3304 : Amendment #1: CSG Consultants, Inc.
EXHIBIT "A"
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit "B ", Scope of
Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To
accomplish that end, CONSULTANT agrees to assign Michael Loomis, who will act in the
capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all
technical and professional services including labor, material, equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the
Services in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED /COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written
Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication
from designated City contact person(s). Notice to Proceed may be in the form of e -mail, fax or
letter authorizing commencement of the Services. For purposes of this Agreement, Rob Allen,
Building Official shall be the designated City contact person(s). Notice to Proceed shall be
deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered
as provided in the Section V.H. ( "Notices ") of this Exhibit "A ".
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance
with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final
Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT
may request this determination of completion when, in its opinion, it has completed all of the
Services as required by the terms of this Agreement and, if so requested, CITY shall make this
determination within two (2) weeks of such request, or if CITY determines that CONSULTANT
has not completed all of such Services as required by this Agreement, CITY shall so inform
CONSULTANT within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached
Exhibit "C ".
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
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Packet Pg. 154 Attachment: CSG Consultants - On-Call Standard and Exepdited Building and Fire Plan Check (3304 : Amendment #1: CSG Consultants, Inc.
Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to
pay only for those direct expenses which have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct
expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses
necessary to perform the Services, and its duties and obligations, expressed and implied,
contained herein, and CITY expressly relies upon CONSULTANT'S representations and
warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such
Services and duties in conformance to and consistent with the standards generally recognized as
being employed by professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well- organized, technically and grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the
coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be
responsible for the accuracy of any project or technical information provided by the CITY. The
CITY'S review, acceptance or payment for any of the Services shall not be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in
accordance with applicable law for all damages to CITY caused by CONSULTANT'S negligent
performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any
and all reasonable times, to audit the books and records (including, but not limited to, invoices,
vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any
and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONSULTANT), or for any longer period required by law, sufficient books and records in
accordance with standard California accounting practices to establish the correctness of all
charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at
the CITY's offices within five (5) business days after CITY's request.
4835 - 2267- 0361v1
LAC104706083
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Packet Pg. 155 Attachment: CSG Consultants - On-Call Standard and Exepdited Building and Fire Plan Check (3304 : Amendment #1: CSG Consultants, Inc.
D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
other information developed or received by or for CONSULTANT and all other written and oral
information developed or received by or for CONSULTANT and all other written and oral
information submitted to CONSULTANT in connection with the performance of this Agreement
shall be held confidential by CONSULTANT and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be disclosed to
an entity not connected with the performance of the such Services. Nothing furnished to
CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally
known to the related industry (other than that which becomes generally known as the result of
CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not
use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under
this Agreement in any magazine, trade paper, newspaper or other medium without the express
written consent of CITY.
E. NO PLEDGING OF CITY'S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit
of CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps,
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may
retain and use copies thereof subject to Section V.D of this Exhibit "A ".
CITY shall not be limited in any way in its use of said material at any time for any work,
whether or not associated with the City project for which the Services are performed. However,
CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from,
damages resulting from the use of said material for work other than PROJECT, including, but
not limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
4835 - 2267 -03610
LAM04706083 _3-
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Packet Pg. 156 Attachment: CSG Consultants - On-Call Standard and Exepdited Building and Fire Plan Check (3304 : Amendment #1: CSG Consultants, Inc.
H. NOTICES.
Notices are to be sent as follows:
CITY: Rob Allen, Building Official
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: CSG Consultants, Inc.
550 Pilgrim Drive
Foster, Ci , 9th
Attn: Michael Loomis
I. FEDERAL FUNDING REQUIREMENTS.
If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal
Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable
cost for individual items.
Covenant against Contingent Fees
The CONSULTANT warrants that he /she has not employed or retained any company or person,
other than a bona fide employee working for the CONSULTANT, to solicit or secure this
Agreement, and that he /she has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or formation of this Agreement. For
breach or violation of this warranty, the Local Agency shall have the right to annul this
Agreement without liability or, at its discretion, to deduct from the agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee.
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Packet Pg. 157 Attachment: CSG Consultants - On-Call Standard and Exepdited Building and Fire Plan Check (3304 : Amendment #1: CSG Consultants, Inc.
EXHIBIT "B"
SCOPE OF SERVICES
4835 - 2267 -0361 v1 _ 1LAM04706083
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Packet Pg. 158 Attachment: CSG Consultants - On-Call Standard and Exepdited Building and Fire Plan Check (3304 : Amendment #1: CSG Consultants, Inc.
CITY OF GILROY
ON -CALL STANDARD AND EXPEDITED BUILDING AND FIRE INSPECTION
Technical Analyses
PROVEN APPROACH TO WORK
0
CSG's proposed team has been selected to best support the City and will deliver the highest level of
service through its application of technical expertise, knowledge of municipal processes and procedures,
efficient and effective customer care, and application of code compliance combined with innovative and
helpful alternatives. Our extensive experience in furnishing comprehensive building and fire life safety
services to jurisdictions provides a consistent, strong technical foundation to all projects. From cutting
edge digital plan review and online plan check status reporting to providing faster - than - scheduled
turnaround times, CSG will deliver the highest quality services to the City of Gilroy. Key benefits that we
offer include:
Concentrated focus on cost - saving approaches and methods. Because we serve numerous
municipalities and agencies, we are constantly improving and adapting to provide our clients
with the most cost - effective services.
Customized, responsive services. We are skilled at assessing time commitments, developing an
accurate work plan and applying dedicated, professional personnel. We can quickly fine -tune
staffing levels to match or adjust to changes in plan review, inspection and front counter
activity. And, with our digital plan review capabilities, we are able utilize resources from any of
our regional offices.
A wealth of fully committed and qualified personnel. We maintain staff that is fully licensed
and certified at the highest level of industry standards. To keep our personnel on the industry's
leading edge, many serve as popular educational instructors and lecturers as well as sit on
boards and committees for organizations developing and implementing important code
regulations. We also keep up with latest in procedures and use of products, e.g., green building,
accessibility, CASp certification requirements, NPDES, MRP, and more.
Rapid turnarounds and expedited services. With extensive experience in the digital plan review
process combined with extensive code application experience, our staff excels at providing
expeditious turnarounds. We easily match and more often beat any required turnaround
deadlines.
P Leading -edge, cost - saving technology. CSG offers a suite of digital options— speedy digital plan
reviews including electronic versions of plan comments; an easy -to -use web portal for plan
submittal, tracking and approval of digital plans; and available full scanning and archiving
services.
Environmentally friendly practices. Our corporate policy on sustainability supports a healthy
environment, reduces our carbon footprint and promotes environmental stewardship through
environmentally preferable purchasing and other sustainability actions. Our digital plan review
system encourages the bypass of paper use, and all possible documents at CSG are printed
double -sided on recycled, post- consumer content paper.
11 CSG Consultants
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Packet Pg. 159 Attachment: CSG Consultants - On-Call Standard and Exepdited Building and Fire Plan Check (3304 : Amendment #1: CSG Consultants, Inc.
CITY OF GILROY
ON -CALL STANDARD AND EXPEDITED BUILDING AND FIRE INSPECTION
BUILDING INSPECTION SERVICES
Standards and Responsibilities
CSG provides fully integrated, multi - disciplined building inspection
services for residential, commercial, and industrial projects, and
are experienced in all construction types. We provide
experienced, ICC certified (and /or with other appropriate entities
in accordance with A13717) inspectors.
Our inspectors ensure compliance with applicable codes and
requirements by identifying code violations, offering solutions to
developers, property owners and tenants on potential risks and
safety hazards, and by working as a team to correct violations. Specific responsibilities include but are
not limited to the following:
Providing inspection services for project compliance with relevant codes including accessibility,
fire, grading, building, electrical, mechanical and plumbing
Addressing inquiries and resolving complaints
Assisting with the construction and demolition permitting process
Providing code administration, inspection and enforcement
Maintaining records and files concerning construction permits and building code administration,
documents for storage and /or imaging
In addition, we can utilize inspection personnel whenever possible to perform over - the - counter plan
reviews or assist as customer service back -up at the front counter in addition to regular inspection
duties to save jurisdictions valuable time and expenses. Our inspection staff easily integrates into client
organizations, consistently implementing policies and procedures and remaining transparent to
applicants and customers. CSG provides all vehicles, fuel, maintenance and other equipment necessary
for inspectors to carry out duties with no additional cost to the City.
Continuing Certification and Training
We take pride in working with inspectors who have variety of inspection project experiences and who
are motivated to achieve the highest level of certification. We work hard to match your jurisdiction's
level of safety and code compliance and understand that personality and customer service are crucial to
on- the -job success. All CSG inspectors are ICC certified and /or possess additional required certifications.
In addition, they routinely update their knowledge and skills through attendance of specialized training
classes and seminars in approved and modern methods, materials, tools and safety used in building
inspection, as well as the most current building standards.
CASp Inspection Services
To facilitate the City's compliance with current rules and regulations, CSG can provide a CASp certified
professional for technical questions and interpretations, and to perform accessibility compliance
inspections and CASp inspection report development.
12 CSG Consultants
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Packet Pg. 160 Attachment: CSG Consultants - On-Call Standard and Exepdited Building and Fire Plan Check (3304 : Amendment #1: CSG Consultants, Inc.
CITY OF GILROY
ON -CALL STANDARD AND EXPEDITED BUILDING AND FIRE INSPECTION
FIRE INSPECTION SERVICES
Construction Inspection
CSG will select qualified, certified candidates for inspection services for City review and approval by the
designated City representative. We understand the City is looking for experienced, CSFM/ ICC certified
and /or with other appropriate entities in accordance with A13717) inspectors, and will comply. Specific
responsibilities include but are not limited to providing inspection services for fire and life safety
systems and construction, and maintaining records and files concerning fire permits and code
administration documents.
We offer fully integrated, multi - disciplined fire inspection services for residential, commercial, and
industrial projects, and are experienced in all construction types. Our inspectors ensure compliance with
applicable codes and requirements by identifying code violations, offering solutions to developers,
property owners and tenants on potential risks and safety hazards, and by working as a team to correct
violations.
Our inspection staff easily integrates into client organizations, consistently implementing policies and
procedures and remaining transparent to applicants and customers.
Continuing Certification and Training
We take pride in working with inspectors motivated to achieve the highest level of experience and
certification. We work hard to match your jurisdiction's level of safety and code compliance and
understand that personality and customer service are crucial to on- the -job success. All CSG inspectors
are [CC and /or CSFM certified and /or possess additional required certifications. In addition, they
routinely update their knowledge and skills through specialized training classes and seminar attendance
in approved and modern methods, materials, tools and safety used in building inspection, as well as the
most current building standards.
AVAILABILITY AND CUSTOMER SERVICE
CSG's main function is to serve as an extension of the City. We clearly understand the importance of our
role in the success of the City and commit to providing its citizens and business partners— residents,
architects, engineers, developers, contractors —as well as City staff, the highest level of service. We
believe effective communication and excellent customer service are essential to continuing a successful
working relationship between the City, CSG and the development community.
Office Hours and Meeting Availability
CSG inspectors are available for applicant inquiries or conferences anytime during regular business
hours without charge via telephone, 8:00 AM to 5:00 PM, Monday through Friday. CSG inspectors can
be ready to provide services with 24 hours notice. We can easily alter our hours to meet the City's
needs. Evenings and weekends for special events and meetings can be accommodated with 48 hours
notice. For your convenience, we can also meet with City staff, architects and applicants. We recognize
the value of pre- design consultation with prospective applicants and are available to provide this service
as well. Our Project Manager /Lead will be available in person for consultation and meetings with a
reasonable lead time.
Response to City Questions or Requests
CSG staff can typically respond to the City for all questions or requests generated during inspection on
the same day, but no later than the following day a request is received.
13 CSG Consultants
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Packet Pg. 161 Attachment: CSG Consultants - On-Call Standard and Exepdited Building and Fire Plan Check (3304 : Amendment #1: CSG Consultants, Inc.
CITY OF GILROY
ON -CALL STANDARD AND EXPEDITED BUILDING AND FIRE INSPECTION
Emergency Response
CSG is well qualified to respond to a local or regional emergency. Many of our personnel, have assisted
in emergencies such as the recent San Bruno gas explosion, the Northridge, Loma Prieta and Napa
earthquakes as well as regional floods, fires and other emergencies. Our personnel's certifications
include those obtained through FEMA, Office of Emergency Services (OES), and IACET First Responder.
14 CSG Consultants
7.A.b
Packet Pg. 162 Attachment: CSG Consultants - On-Call Standard and Exepdited Building and Fire Plan Check (3304 : Amendment #1: CSG Consultants, Inc.
CITY OF GILROY
ON -CALL STANDARD AND EXPEDITED BUILDING AND FIRE PLAN CHECK
Technical Analyses Q
PROVEN APPROACH TO WORK
CSG's proposed team has been selected to best support the City and will deliver the highest level of
service through its application of technical expertise, knowledge of municipal processes and procedures,
efficient and effective customer care, and application of code compliance combined with innovative and
helpful alternatives. Our extensive experience in furnishing comprehensive building and fire life safety
services to jurisdictions provides a consistent, strong technical foundation to all projects. From cutting
edge digital plan review and online plan check status reporting to providing faster - than - scheduled
turnaround times, CSG will deliver the highest quality services to the City of Gilroy. Key benefits that we
offer include:
Concentrated focus on cost - saving approaches and methods. Because we serve numerous
municipalities and agencies, we are constantly improving and adapting to provide our clients
with the most cost - effective services.
P Customized, responsive services. We are skilled at assessing time commitments, developing an
accurate work plan and applying dedicated, professional personnel. We can quickly fine -tune
staffing levels to match or adjust to changes in plan review, inspection and front counter
activity. And, with our digital plan review capabilities, we are able utilize resources from any of
our regional offices.
A wealth of fully committed and qualified personnel. We maintain staff that is fully licensed
and certified at the highest level of industry standards. To keep our personnel on the industry's
leading edge, many serve as popular educational instructors and lecturers as well as sit on
boards and committees for organizations developing and implementing important code
regulations. We also keep up with latest in procedures and use of products, e.g., green building,
accessibility, CASp certification requirements, NPDES, MRP, and more.
Rapid turnarounds and expedited services. With extensive experience in the digital plan review
process combined with extensive code application experience, our staff excels at providing
expeditious turnarounds. We easily match and more often beat any required turnaround
deadlines.
Leading -edge, cost - saving technology. CSG offers a suite of digital options— speedy digital plan
reviews including electronic versions of plan comments; an easy -to -use web portal for plan
submittal, tracking and approval of digital plans; and available full scanning and archiving
services.
Environmentally friendly practices. Our corporate policy on sustainability supports a healthy
environment, reduces our carbon footprint and promotes environmental stewardship through
environmentally preferable purchasing and other sustainability actions. Our digital plan review
system encourages the bypass of paper use, and all possible documents at CSG are printed
double -sided on recycled, post- consumer content paper.
15 CSG Consultants
7.A.b
Packet Pg. 163 Attachment: CSG Consultants - On-Call Standard and Exepdited Building and Fire Plan Check (3304 : Amendment #1: CSG Consultants, Inc.
CITY OF GILROY
ON -CALL STANDARD AND EXPEDITED BUILDING AND FIRE PLAN CHECK
BUILDING & FIRE PLAN REVIEW
Compliance Standards
Our team of professionals is ready to assist in all aspects of plan review
and to focus on the special needs and requirements of each of our clients.
We promise prompt turnaround times and offer comprehensive online
status reports. Our plan reviewers carefully review all documents for
compliance with building codes, fire codes, energy conservation
standards, State accessibility regulations, and all local ordinances. We
understand and will comply with the City's own requirements for plan
review services. Our engineers and plan reviewers review plans for
compliance with all policy and model codes adopted by the State of California, including but not limited
to:
P California Building Code, Volumes 1 and 2
California Residential Code
California Electrical Code
California Plumbing Code
California Mechanical Code
California Fire Code as amended and adopted by the State of California (Title -24, Part 9
California Fire Code)
National Fire Codes as published by the National Fire Protection Association (NFPA); as adopted
and referenced by the State of California (California Code of Regulations, Title -19, Section 1.09)
State Historical Building Code
California Energy Code (as directed by the California Energy Commission)
California Green Building Code (except those sections per the California Energy Code)
NPDES/WQMP/SWPPP Compliance
City adopted ordinances and amendments relative to building and municipal codes, including
project Conditions of Approval from other City departments, divisions, regulating agencies, and
jurisdictions
CASp Services
We understand California Building Departments are required to have CASp
certified staff in place and available for technical questions and
interpretations. Our CASp certified staff are knowledgeable of state and
federal accessibility laws and regulations and possesses the expertise
necessary to promote access to facilities for persons with disabilities. In
accordance with current regulations, CSG can supply a CASp certified
professional to review plans for accessibility and to facilitate compliance
with regulations.
OSHPD 3 Reviews
Our staff of professional engineers and certified plans examiners is experienced with the differences
between CBC and OSHPD 3 facilities and have successfully completed many OSHPD 3 plan reviews for
multiple client agencies.
16 CSG Consultants
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Packet Pg. 164 Attachment: CSG Consultants - On-Call Standard and Exepdited Building and Fire Plan Check (3304 : Amendment #1: CSG Consultants, Inc.
CITY OF GILROY
ON -CALL STANDARD AND EXPEDITED BUILDING AND FIRE PLAN CHECK
Green Building and LEED Certification
Our Building Division staff is experienced in plan review and inspection for compliance with CALGreen
and local green building ordinances. In addition, CSG Consultants has all of the qualifications necessary
to assist the City in both the development of policy and the implementation of green and sustainable
building practices. CSG's Sustainability Programs division can assist, for example, with construction and
demolition debris recycling programs as well as public outreach to the building industry. We have green
building professionals including LEED accredited personnel on staff.
Quality Control / Quality Assurance
CSG's in -house quality assurance / quality control program utilizes a peer review process with multi -level
internal plan checking and project management. A senior staff member will review plan check
comments in order to ensure relevance and accuracy.
Plan Check Comments
All plan check comments will be formatted to the City's established correction list templates. Any
additional forms established by the City for alternative methods of construction and /or deviations from
requirements, such as disabled access, will be incorporated into the correction comments and returned
with the appropriate recommendations. In addition, plan check comments can be delivered
electronically by email or other City approved means. This enables the checklist to be incorporated with
other department comments, if needed.
Plans Pickup and Delivery
For all clients, pickup and delivery of plans and other materials via CSG staff or an approved alternative
service is provided within 24 hours of notification at no additional cost.
Online Plan Check Status
CSG offers a convenient service allowing clients to check plan review status and r\
comments online. By logging in to our Plan Check Status website, staff as well as
CSG
i
authorized applicants can view each project document and communicate with CSG Plan Check System
the plan checker via e-mail or post -a -note. Staff or authorized applicants can
download comments from the web upon completion of the plan review. There
is no additional cost for this service.
Digital Plan Review
CSG began the transition to digital plan review over 17 years ago, leading the consultant field with this
ground- breaking service. All paper plans submitted to CSG are immediately scanned into digital files and
stored on CSG's servers for quick and easy access by both our clients and our plan reviewers. Our plan
reviewers furnish electronic versions of their plan comments conforming to each client's established
correction list templates. Any additional forms utilized by the City for alternative methods of
construction and /or deviations from requirements, such as disabled access, will be incorporated into the
correction comments and returned with the appropriate recommendations. Plan check comments can
be delivered electronically by email or other City approved means, enabling City staff to immediately
modify CSG's checklist for incorporation with other department comments. Upon request, clients can be
provided with a set of digitally scanned plans at no cost, including convenient, "green" (paperless)
storage of all construction - related documents.
In addition, for jurisdictions requesting a pure digital plan review workflow, CSG has developed an online
web application for an applicant to submit digital files directly to us, which includes an online portal for
17 CSG Consultants
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CITY OF GILROY
ON -CALL STANDARD AND EXPEDITED BUILDING AND FIRE PLAN CHECK
the applicant /jurisdiction to retrieve comments and submitted digital files with redlines. This online
portal tracks all submittals, including re- submittals until the plans have been approved.
Key features of our digital plan review service include:
Efficiency. Plans are pushed to plan review staff the same day they are submitted. There is no "bin
time."
Simplicity. CSG developed its own web -based portal to manage the electronic file submittal process.
By using a web interface, the applicant is no longer faced with size restrictions on email attachments
or required to learn complex FTP settings.
P Proven. We have provided a digital plan review option to our clients for over 17 years.
Non - Proprietary. CSG's electronic review process is 100% PDF -based with no additional software
required to view redlines.
Extensible. Should the City decide to implement electronic review as a standard, CSG offers an
integration path for our electronic review software— GreenVue Fusion.
Fire Prevention Plan Review
The extensive and ever - evolving regulations affecting the design and construction of today's complex
buildings require specialized code training, education, and experience, while tight schedules and
budgets require movement of plans through the permit process quickly and efficiently yet thoroughly
examined and inspected.
CSG employs a team of professionally certified fire plan reviewers, fire inspectors, fire protection
engineers, fire marshals, and fire chiefs to manage fire department operations, support front counter
procedures, review plans, and inspect structures for code conformance.
CSG's expertise is multi- faceted, gained from extensive experience in plan review, code enforcement,
code development, code instruction as well as fire suppression. Members of our Fire Prevention Division
are recognized for their service on local, state and national code (ICC and NFPA) development
committees and advisory groups. We have expertise in a wide range of project types:
Single family and multi - family developments
High -rise commercial & residential
Agricultural
Manufacturing plants
Specialized technology /industrial
P High - pile /rack storage
Refrigerated storage
PLAN CHECK TURNAROUND TIMES
CSG works hard to provide the best quality and most timely service in the industry. We pride ourselves
in maintaining the requested plan review times for all our clients —even delivering fasterthan our own
deadlines. Our goal is to approve code - complying projects and to successfully and quickly move work
through jurisdictional processes. CSG will ensure that all building and safety duties and follow -up actions
will be performed in a timely and responsive manner. If a review is anticipated to take longer than the
maximum turnaround timing, CSG will notify the City with advanced notice and negotiate additional
time required to ensure an appropriate level of review.
18 CSG Consultants
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Packet Pg. 166 Attachment: CSG Consultants - On-Call Standard and Exepdited Building and Fire Plan Check (3304 : Amendment #1: CSG Consultants, Inc.
CITY OF GILROY
ON -CALL STANDARD AND EXPEDITED BUILDING AND FIRE PLAN CHECK
The following are CSG's proposed plan check turnaround times.
Residential New Construction i 10 5
Small Commercial Remodels / Tenant Improvements 10 5
Revisions, Deferred Submittals, RFIs 5 5
Large /Complex Commercial Projects* 10 5
Turnaround time may vary with the complexity and magnitude of the project. If a review is anticipated
to take longer than the maximum turnaround timing, CSG will notify the City's representative and
negotiate additional time required to ensure an appropriate level of review.
Accelerated /Expedited Plan Check
Upon request, we can perform plan check services within an accelerated time frame, with fees negotiated
between the City and CSG. CSG completes initial accelerated plan check within 5 working days.
Quality Control /Quality Assurance
CSG's in -house quality assurance /quality control program utilizes a peer review process with multi -level
internal plan checking and project management. A senior staff member will review all plan check
comments in order to ensure relevance and accuracy.
CSG's main function is to serve as an extension of the City. We clearly understand the importance of our
role in the success of the City and commit to providing its citizens and business partners— residents,
architects, engineers, developers, contractors —as well as City staff, the highest level of service. We
believe effective communication and excellent customer service are essential to continuing a successful
working relationship between the City, CSG and the development community.
AVAILABILITY AND CUSTOMER SERVICE
Office Hours and Meeting Availability
CSG staff plan checkers are available for applicant inquiries or conferences anytime during regular business
hours without charge via telephone, 8:00 AM to 5:00 PM, Monday through Friday. For your convenience,
we can also meet with City staff, architects and applicants. We recognize the value of pre- design
consultation with prospective applicants and are available to provide this service as well. Our Project
Manager /Lead will be available in person for consultation and meetings with a reasonable lead time. CSG
will also provide a 1 -800 phone number (or equivalent toll -free number) for service calls from Building
and Fire Divisions and permit applicants.
Response to City Questions or Requests
CSG staff can typically respond to the City for all questions or requests generated during any plan review
on the same day, but no later than the following day a request is received.
Emergency Response
CSG is well qualified to respond to a local or regional emergency. Many of our personnel, have assisted
in emergencies such as the recent San Bruno gas explosion, the Northridge, Loma Prieta and Napa
earthquakes as well as regional floods, fires and other emergencies. Our personnel's certifications
include those obtained through FEMA, Office of Emergency Services (OES), and IACET First Responder.
19 CSG Consultants
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Packet Pg. 167 Attachment: CSG Consultants - On-Call Standard and Exepdited Building and Fire Plan Check (3304 : Amendment #1: CSG Consultants, Inc.
EXHIBIT "C"
MILESTONE SCHEDULE
N/A
4835 - 2267- 0361v1
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EXHIBIT "D"
PAYMENT SCHEDULE
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LAC104706083
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Fee Schedule
CSG's fee schedule which includes fees for personnel providing the proposed scope of work is provided
in the table below. We will coordinate the pickup and return of all plans via CSG staff or a licensed
courier service. This service is provided at no additional cost.
Plan review based on a percentage of plan check fees includes initial plan review and two subsequent
reviews. Additional reviews will be charged at the appropriate hourly rate indicated below.
Residential and Non - Residential Building Plan Review
Expedited Building Plan Review
Building Plan Review (Hourly)*
Certified Combination Building Inspector
60% of City's Plan Check Fee
90% of City's Plan Check Fee
125
90
Permit Technician $60
i
CASp Inspection i $135
Expedited Building Plan Review (Hourly) 1.5 x Hourly Rate
11 M
Residential and Non - Residential Fire Plan Review 70% of City's Plan Check Fee
Expedited Fire Plan Review
Fire Plan Review (Hourly)*
Fire Inspection
Expedited Fire Plan Review (Hourly)
90% of City's Plan Check Fee
100
90
1.5 x Hourly Rate
All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation
Insurance, travel and office expenses. Should the scope of work change, or circumstances develop which necessitate
special handling, CSG will notify the City prior to proceeding. Overtime work authorized by the City will be billed at
1.5 x the applicable hourly rate. On each anniversary of the contract start date, CSG will initiate a rate increase
based on change in CPI -W for the applicable region. CSG will mail an invoice at the beginning of every month for
services rendered during the previous month.
Deferred submittals, revisions, RFIs, 4th reviews, and similar submittals to be charged at the hourly rate or as
determined otherwise by mutual agreement with the City. BFI's for larger developments will be performed at an
hourly rate, with turnaround times to be mutually agreed upon with the City.
In -house (at the City) reviews will utilize a Plan Check Engineer.
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City of Gilroy
Community Development Department
ATTN: CARINA BAKSA
CITY OF GILROY
7351 ROSANNA STREET
GILROY, CA 95020-6197
Request for Proposals
On-Call Standard and Expedited
Building, Fire Plan Check and Inspection
Services
No. 21-RFP-CDD-453
Proposals Due by: 3:00 pm, Thursday, June 3rd, 2021
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Request for Proposals
No. 21-RFP-CDD-453
Notice is hereby given that ELECTRONIC Requests for Proposals will be received at the City of Gilroy, for
On-Call Standard and Expedited Building, Fire Plan Check and Inspection Services , Project No. 21-RFP-
CDD-453 as described in the attached Request for Proposals. Please note that City Hall is closed to the
public due to the ongoing COVID-19 pandemic. RFPs will be accepted by email to
carina.baksa@cityofgilroy.org until 3:00 pm, Thursday, June 3rd, 2021. RFPs received after that time and
date will not be considered. The City of Gilroy accepts no responsibility if delivery is made to another
location other than location specified above and/or delayed deliveries. RFPs should be submitted in a
complete, single electronic file to the email specified in this notice. An evaluation team will review
proposals and select a vendor based on the selection criteria and process outlined in the RFP. The selected
vendor will enter into an agreement for a period of three (3) years upon approval by City Council, with
two, one-year extensions available after that.
A free electronic copy of the RFP can be obtained by going to the City of Gilroy website
(www.cityofgilroy.org). Due to the ongoing COVID-19 pandemic, all prospective parties should check the
City’s website for any addendums.
Respectfully Requested,
Carina Baksa
Management Analyst
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No. 21-RFP-CDD-453
On-Call Standard and Expedited Building, Fire Plan Check and Inspection Services
Table of Contents
Introduction ........................................................................................................................................... 1
Project Description ................................................................................................................................ 1
Issuing Office ......................................................................................................................................... 1
Anticipated RFP Schedule ...................................................................................................................... 2
Submission Date and Location ............................................................................................................... 2
Protests ................................................................................................................................................. 3
Rejection of Proposals ........................................................................................................................... 3
Modification / Withdrawal .................................................................................................................... 3
Cancellation ........................................................................................................................................... 3
Duration of Proposals ............................................................................................................................ 3
Public Record ......................................................................................................................................... 3
Incurring Costs ....................................................................................................................................... 3
Selection Process ................................................................................................................................... 3
Proposal Contents .................................................................................................................................. 4
Proposal Evaluation Criteria and Scoring ................................................................................................ 4
Total Score ............................................................................................................................................. 5
Scope of Work ....................................................................................................................................... 6
Attachment A - Sample Agreement for Services Contract ....................................................................... 7
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Introduction
The City of Gilroy is a charter city located in southern Santa Clara County with a population of
approximately 57,000. The City is a council-administrator form of government with the mayor elected at
large for a four-year term and six City Councilmembers who are elected at large for four year terms.
Development activity in the original Gilroy town site dates back to the early 1800s, with the City formally
incorporating in 1870. Since then, the City experienced several annexations and growth periods
throughout the 20th and 21st centuries.
Information regarding the City and its organization, such as governmental structure, services provided,
the Current Operating and Capital Budgets, is available on the City website at www.cityofgilroy.org
Project Description
The City of Gilroy’s Building Division ensures that the City’s adopted building codes are adhered to
during the plan review and construction process. We oversee construction on private property to ensure
safe buildings and compliance with building, electrical, mechanical, plumbing, energy, and accessibility
codes and laws. The Fire Marshal conducts comprehensive plan review and inspection for all new
development and construction projects, and the permitting and routine inspection of occupancies
requiring permits under the Gilroy and California fire codes, the City’s Hazardous Materials Ordinance
and as required by the California Code of Regulations Title 27 for the CUPA programs. The following
table represents the volume of permit activity that occurs in the City of Gilroy
Calendar
Year
ALL TYPES of
Building Permits
Applied For
ALL TYPES of
Building Permits
Issued
Inspections
Performed
Plan Checks
- All Types
New
Residential
Permits Issued
Commercial /
Industrial
Permits
2016 2372 2180 22774 1256 326 102
2017 2126 1953 19361 1265 257 89
2018 1853 1669 15710 1289 137 106
2019 2055 1823 16570 1473 204 80
2020 1373 1138 10746 1056 95 66
The City is seeking consultants to conduct on-call plan check and inspection services, providing the City
with the knowledge and resources to assist with the volume of permitting activity that the City manages.
The approved consultant, or consultants, would be subject to an award for these services for a period of
three (3) years, with two, one-year extensions available.
Issuing Office
The Finance Department is the Issuing Office for this Request for Proposal (RFP) and the point of contact
for all process and contract questions as well as protest, and all correspondence shall be through e-mail.
Technical questions shall be directed to the Project Manager.
Issuing Office Project Manager
Finance Department Community Development Department
Carina Baksa Hipolito Olmos
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Purchasing Coordinator Building Official, Community Development Department
7351 Rosanna Street 7351 Rosanna Street
Gilroy, CA 95020 Gilroy, CA 95020
carina.baksa@cityofgilroy.org hipolito.olmos@cityofgilroy.org
Anticipated RFP Schedule
The City anticipates the following general timeline for this RFP and the schedule may
change as necessary.
Selection Process Actions Target Date
RFP distributed to prospective Consultants and Advertised Friday, May 7th, 2021
Deadline to submit RFP questions Wednesday, May 26th, 2021 at 4:00 PM
Questions posted on the City’s website Thursday, May 27th, 2021
RFP submissions due to City of Gilroy (Final) Thursday, June 3rd, 2021 at 3:00 PM
Interviews (If Necessary) June 15th to June 17th, 2021
City Council staff report posted on website Monday, June 28th, 2021
City Council Meeting Thursday, July 1st, 2021
Submission Date and Location
Each responding Consultant must provide one electronic copy marked with the RFP
number, the consultant’s name before delivering to the address listed below. The
packets must be emailed directly to carina.baksa@cityofgilroy.org before the deadline.
Solicitation Documents and Changes (Addenda)
All solicitation documents may be viewed or printed on line from the City’s website at
www.cityofgilroy.org or may be viewed onsite at the Issuing Office at the address listed
above.
Proposals received from other sources will not be considered valid documents. Please
contact the Issuing Office listed above with any problems viewing solicitation
documents.
All questions regarding this solicitation shall be submitted via e-mail. The questions will
be researched and the answers will be communicated to all known interested
Consultants and posted on the City’s website after the deadline for receipt of questions.
Prospective Consultant shall not contact City officers or employees with questions or
suggestions regarding this solicitation except through the primary contact person listed
above. Any unauthorized contact may be considered undue pressure and cause for
disqualification of the Consultant.
Consultants are responsible for checking the City’s website for the issuance of any
addenda prior to submitting a proposal. The Consultant is held responsible for all
addenda/changes to the documents and may be considered non-responsive if their
proposal does not reflect those addenda/changes.
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Protests
Any complaints or perceived inequities related to this RFP shall be made in writing and
directed to the Issuing Office at the address listed above and accordance with the City
purchasing policy procedure 17. This policy may be found on the City’s website, located
here: http://www.cityofgilroy.org/DocumentCenter/View/10774/Gilroy-Purchasing-
Policy-.
Rejection of Proposals
The City reserves the right to reject any and all proposals submitted. The City also
reserves the right to waive or not waive any informalities or irregularities in proposal
responses.
Modification / Withdrawal
Unless otherwise specified, modification of the Proposal will not be permitted;
however a Consultant may withdraw his or her Proposal at any time prior to the
scheduled closing time for receipt of Proposals; any Consultant may withdraw his or
her Proposal, either personally or by written request to the Issuing Office. Withdrawal
of Proposal shall not disqualify the Consultant from submitting another Proposal
provided the time for receipt of Proposals has not expired.
Cancellation
The City reserves the right to cancel award of this contract at any time before
execution of the contract by both parties if cancellation is deemed to be in the C ity ’s
best interest. In no event shall the City have any liability for the cancellation of award.
Duration of Proposals
Proposals must remain valid for at least 90 days. Proposals must be signed by an
official authorized to bind the Consultant.
Public Record
All proposals submitted are the property of the City and are public records. All
documents received by the City are subject to public disclosure after the City selects a
Consultant.
Incurring Costs
The City is not liable for any cost incurred by Consultants prior to execution of
a contract.
Selection Process
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The City reserves the right to select the Consultant on the basis of the proposals or to
conduct interviews with the highest qualified Consultants following evaluation and
scoring of the proposals, whichever is determined to best serve the needs of the
C ity . The City reserves the right to seek clarifications of any or all proposals.
Proposal Contents
The qualification packet, per category, shall be organized to include the following sections. Each packet
should be tabbed or marked with five (5) sections. The contents for each section are listed below, and
must be presented in the same order. The Consultant shall be responsible for preparing an effective and
clear proposal. Concise proposals without needless duplication are encouraged.
The packet must contain at a minimum the following information:
1. Cover Letter: Summarize the firm’s qualifications to provide consulting services for the City of
Gilroy. Provide name of contact person, phone number, and email address. Maximum one page.
2. Qualifications: Describe your firm’s experience and qualifications in conducting plan-check and
inspection services. Maximum four pages.
3. Relevant Experience: List projects completed by the firm relevant to the City of Gilroy and scope
of services requested and provide the following information for each project. Maximum six
pages:
a) outline the specific scope of services provided and describe how your firm met or exceeded
expectations;
b) identify the role of the firm (e.g., work was performed exclusively by the firm or a joint
venture);
c) highlight any key team members directly involved in the project who would be part of the
City of Gilroy on-call team;
d) specify if the project was completed within budget and on schedule (if not completed within
budget and schedule provide a very brief statement explaining why); and
e) provide the client’s contact information including name, title, and phone number as a
reference.
4. Key Team Member Summary: Identify key team members of the firm who would be directly
involved with the Gilroy on-call services. For each team member, summarize the typical role and
responsibilities of the individual, and list experience relative to the typical role(s). Maximum six
pages.
5. Costs: Provide an outline of the hourly rate schedule for the key team members and include
associated administrative/technical support fee structure (e.g., administrative fees, mileage,
travel time, reproduction costs).
Proposal Evaluation Criteria and Scoring
The criteria listed below will be used to evaluate the Consultants.
• Consultant’s understanding of the scope of services
Does the proposal reflect a clear understanding of the proposed Scope of
Services?
• Consultant’s corporate and team member qualifications and experience
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Do the qualifications and experience of the consultant firm and individual
proposed team members demonstrate a quality that gives confidence of a high
value and excellence of service delivery for the City?
• Consultant’s references quality and responses
Are the references from similar sized cities, are they provided the same or similar
services as proposed, and how did the reference rate the proposing Consultant?
• Overall quality of the response to the RFP
Were the answers clear, concise, and well formulated? Does the proposal
document make sense, is it structured well, and address all matters fully?
• Consultant’s cost proposal
Is the proposed cost proposal acceptable? Is the basis for the billing structure
reasonable?
Total Score
Each packet submittal will be reviewed and scored, per the criteria described above.
Based on the number and quality of responses, Consultants may be asked to continue to
the interview/presentation step in the process. Each package may receive a maximum of
50 points, as summarized below:
CRITERIA POINTS
Understanding of the scope of services 15
Corporate and team member qualifications and
experience 10
References quality and responses 10
Overall quality of the response to the RFP 10
Cost proposal 5
TOTAL 50
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Scope of Work
1. Commercial and industrial (structural and non - structural) building plans and fire suppression,
detection and alarm system plans.
2. Perform combination building and life safety inspections for residential, commercial, and
industrial in accordance with the approved documents, adopted codes and standards amended
by the City.
COMPLIANCE STANDARDS
3. Perform comprehensive plan review service including all trades; other functions include but are
not limited to: writing plan review reports, holding meetings, answering inquiries and phone
calls as needed.
4. Incorporated requirements from other City departments, divisions, regulating agencies and
jurisdictions, i.e., Planning, Engineering, Fire and Chemical Control, Health Department, as they
may apply to plan reviews and inspection services.
5. Process plan revisions and verify that corrections have been satisfactorily made in a timely
manner.
COMMUNICATION STANDARDS
6. Provide a 1-800-number for service calls from Building and Fire Divisions and permit applicants.
7. Be available to confer with applicants and City staff at City Hall by telephone conversations, e-
mail and fax during all normal business hours.
8. Provide in-house plans examining services at City Hall when requested to do so.
9. Provide pick-up and delivery service to and from City Hall when necessary.
STAFF MEETING /PROFESSIONAL DEVELOPMENT
10. Meet with Building and Fire Marshal staff upon request.
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Attachment A - Sample Agreement for Services Contract
AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this day of , 20 , between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: , having a principal place of business at .
ARTICLE 1. TERM OF AGREEMENT
This Agreement will be effective on and will continue in effect through unless
terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall
terminate this Agreement regardless of any other provision stated herein. ______
Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not
an employee, agent, joint venture or partner of CITY. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties
acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S
employees, including, without limitation, disability or unemployment insurance, workers’
compensation, medical insurance, sick leave, retirement benefits or any other employment
benefits. CONSULTANT shall retain the right to perform services for others during the term of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit “A” (“Specific
Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit
“C” (“Milestone Schedule”).
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B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above-described
services. CITY shall have no right to, and shall not, control the manner or determine the method
of accomplishing CONSULTANT’S services.
C. Employment of Assistants
CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as
CONSULTANT deems necessary to perform the services required of CONSULTANT by this
Agreement, subject to the prohibition against assignment and subcontracting contained in
Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the
performance of those services. CONSULTANT assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location
and at such times as CONSULTANT shall determine is necessary to properly and timely perform
CONSULTANT’S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event
however shall the total compensation paid to CONSULTANT exceed .
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment
will be made unless CONSULTANT has first provided City with a written receipt of invoice
describing the work performed and any approved direct expenses (as provided for in Exhibit “A”,
Section IV) incurred during the preceding period. If CITY objects to all or any portion of any
invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt
of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It
shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts
to which it has objected until the objection has been resolved by mutual agreement of the parties.
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D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against
CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be
responsible for any expenses incurred by CONSULTANT in performing services for CITY, except
for those expenses constituting “direct expenses” referenced on Exhibit “A.”
ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services under
this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent
any tools, equipment or services from CITY.
B. Workers’ Compensation
CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S
employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and
indemnify CITY, its officers, representatives, agents and employees from and against any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses,
including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or
death of any of CONSULTANT’S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law,
CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be
unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents
and employees against any and all suits, damages, costs, fees, claims, demands, causes of action,
losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising
or resulting directly or indirectly from any willful or negligent acts, errors or omissions of
CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims
relating to the injury or death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall
defend, through counsel approved by CITY (which approval shall not be unreasonably withheld),
indemnify and hold harmless CITY, its officers, representatives, agents and employees against
any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and
expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly
from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or
agents, including all claims relating to the injury or death of any person or damage to any
property.
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D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to
CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability
Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles,
with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages
due to bodily injury, sickness or disease, or death to any person, and damage to property,
including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions)
with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate;
provided however, Professional Liability Insurance written on a claims made basis must comply
with the requirements set forth below. Professional Liability Insurance written on a claims made
basis (including without limitation the initial policy obtained and all subsequent policies
purchased as renewals or replacements) must show the retroactive date, and the retroactive date
must be before the earlier of the effective date of the contract or the beginning of the contract
work. Claims made Professional Liability Insurance must be maintained, and written evidence
of insurance must be provided, for at least five (5) years after the completion of the contract
work. If claims made coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the earlier of the effective date of the
contract or the beginning of the contract work, CONSULTANT must purchase so called
“extended reporting” or “tail” coverage for a minimum of five (5) years after completion of
work, which must also show a retroactive date that is before the earlier of the effective date of
the contract or the beginning of the contract work. As a condition precedent to CITY’S
obligations under this Agreement, CONSULTANT shall furnish written evidence of such
coverage (naming CITY, its officers and employees as additional insured’s on the
Comprehensive Liability insurance policy referred to in (a) immediately above via a specific
endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a
material change in policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or
obligations of CONSULTANT under this Agreement may be assigned or subcontracted by
CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole
and absolute discretion.
F. State and Federal Taxes
As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying all
required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges
and agrees that:
• CITY will not withhold FICA (Social Security) from CONSULTANT’S
payments;
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• CITY will not make state or federal unemployment insurance contributions on
CONSULTANT’S behalf;
• CITY will not withhold state or federal income tax from payment to
CONSULTANT;
• CITY will not make disability insurance contributions on behalf of
CONSULTANT;
• CITY will not obtain workers’ compensation insurance on behalf of
CONSULTANT.
ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the performance of CONSULTANT’S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONSULTANT. Such assignment shall not release
CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant’s Business/ Death of Consultant.
1. CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no
later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this
Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination
pursuant to this Article 7.A shall be in writing and sent to the address for notices to
CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’
receipt of such notice of sale.
2. If CONSULTANT is an individual, this Agreement shall be deemed automatically
terminated upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any of
its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written
notification to CONSULTANT. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
1. CONSULTANT’S failure to professionally and/or timely perform any of the
services contemplated by this Agreement.
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2. CONSULTANT’S breach of any of its representations, warranties or covenants
contained in this Agreement.
CONSULTANT shall be entitled to payment only for work completed in accordance with the
terms of this Agreement through the date of the termination notice, as reasonably determined by
CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for
the tasks described on Exhibit C” which have been fully, competently and timely rendered by
CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to
CONSULTANT’S default in the performance of this Agreement or material breach by
CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY
may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and
all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of
work as described in this Agreement, to the extent such costs and expenses exceed the amounts
CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant
to this Agreement.
C. Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4
of this Agreement on the date due, then if and only if such nonpayment constitutes a default under
this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this Agreement
if such default is not remedied by CITY within thirty (30) days after demand for such payment is
given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONSULTANT shall
cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in
connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to facilitate
any the assumption of CONSULTANT’s duties by any new consultant hired by the CITY to
complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable
provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it
may be amended from time to time. CONSULTANT shall also require such compliance of all
subcontractors performing work under this Agreement, subject to the prohibition against
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assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend
with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its
officers, employees, agents and representatives from and against all suits, claims, demands,
damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation
reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONSULTANT,
its subcontractors, or the officers, employees, agents or representatives of either.
C. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or
interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable
attorneys’ fees, which may be set by the court in the same action or in a separate action brought
for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement
are for convenience only and shall not be considered nor referred to for resolving questions of
interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal
ordinances and regulations of the CITY which in any manner affect those engaged or employed in
the work, or the materials used in the work, or which in any way affect the conduct of the work,
and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over
the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the
Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a
contract or subcontract to the CITY OF GILROY for public works or for goods or services to
refrain from discriminatory employment or subcontracting practices on the basis of the race, color,
sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any
potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONSULTANT and that no person associated with CONSULTANT has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performance of this
Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains
all the covenants and agreements between the parties with respect to the rendering of such services
in any manner whatsoever. Each party to this Agreement acknowledges that no representations,
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inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no other agreement,
statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested.
Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section
V.H. but each party may change the address by written notice in accordance with this paragraph.
Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be
deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance
under this Agreement shall not be construed as waiver(s) of any other condition of performance
under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT: CITY:
CITY OF GILROY
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By: By:
Name: Name:
Title: Title:
Social Security or Taxpayer
Identification Number
Approved as to Form ATTEST:
City Attorney City Clerk
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EXHIBIT “A”
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of
Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To
accomplish that end, CONSULTANT agrees to assign________, who will act in the capacity of
Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all
technical and professional services including labor, material, equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the Services
in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written
“Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication
from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or
letter authorizing commencement of the Services. For purposes of this Agreement,
______________shall be the designated City contact person(s). Notice to Proceed shall be deemed
to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as
provided in the Section V.H. (“Notices”) of this Exhibit “A”.
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance with
the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance,
and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request
this determination of completion when, in its opinion, it has completed all of the Services as
required by the terms of this Agreement and, if so requested, CITY shall make this determination
within two (2) weeks of such request, or if CITY determines that CONSULTANT has not
completed all of such Services as required by this Agreement, CITY shall so inform
CONSULTANT within this two (2) week period.
III. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay
only for those direct expenses which have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct
expenses.
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Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
IV. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary
to perform the Services, and its duties and obligations, expressed and implied, contained herein,
and CITY expressly relies upon CONSULTANT’S representations and warranties regarding its
skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in
conformance to and consistent with the standards generally recognized as being employed by
professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well-organized, technically and grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the
coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be
responsible for the accuracy of any project or technical information provided by the CITY. The
CITY’S review, acceptance or payment for any of the Services shall not be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in
accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent
performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any and
all reasonable times, to audit the books and records (including, but not limited to, invoices,
vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any
and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONSULTANT), or for any longer period required by law, sufficient books and records in
accordance with standard California accounting practices to establish the correctness of all charges
submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY’s
offices within five (5) business days after CITY’s request.
D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
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other information developed or received by or for CONSULTANT and all other written and oral
information developed or received by or for CONSULTANT and all other written and oral
information submitted to CONSULTANT in connection with the performance of this Agreement
shall be held confidential by CONSULTANT and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an
entity not connected with the performance of the such Services. Nothing furnished to
CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known
to the related industry (other than that which becomes generally known as the result of
CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not
use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this
Agreement in any magazine, trade paper, newspaper or other medium without the express written
consent of CITY.
E. NO PLEDGING OF CITY’S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of
CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps,
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain
and use copies thereof subject to Section V.D of this Exhibit “A”.
CITY shall not be limited in any way in its use of said material at any time for any work, whether
or not associated with the City project for which the Services are performed. However,
CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from,
damages resulting from the use of said material for work other than PROJECT, including, but not
limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
H. NOTICES.
Notices are to be sent as follows:
CITY:
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
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CONSULTANT:
I. FEDERAL FUNDING REQUIREMENTS.
If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal
Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost
for individual items.
3. Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person,
other than a bona fide employee working for the CONSULTANT, to solicit or secure this
Agreement, and that he/she has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or formation of this Agreement. For
breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement
without liability or, at its discretion, to deduct from the agreement price or consider ation, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or
contingent fee.
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EXHIBIT “B”
SCOPE OF SERVICES
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EXHIBIT “C”
MILESTONE SCHEDULE
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EXHIBIT “D”
PAYMENT SCHEDULE
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City of Gilroy
STAFF REPORT
Agenda Item Title: Conduct of a TEFRA Public Hearing and Approval of the Issuance
of Multi-family Housing Revenue Bonds by the California Municipal
Finance Authority for an Affordable Housing Project Located at
1520 Hecker Pass Highway
Meeting Date: May 17, 2021
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Karen Garner
Prepared By: Kraig Tambornini
Kraig Tambornini
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Adopt a Resolution of the City Council of the City of Gilroy approving the issuance of
multifamily housing revenue bonds in an aggregate principal amount not to exceed
$30,000,000 for the purpose of financing or refinancing the acquisition and construction
of Hecker Pass Apartments project.
EXECUTIVE SUMMARY
On behalf of JEMCOR Development Partners, LLC, an affordable housing developer
(the “Developer”), the City is conducting a public hearing under the Tax and Equity
Fiscal Responsibility Act (“TEFRA”) on May 17, 2021, in connection with the proposed
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issuance of revenue bonds by the California Municipal Finance Authority (the “CMFA”),
a joint exercise of powers authority and public entity of the State of California, in an
amount not to exceed $30,000,000 (the “Bonds”), to finance or refinance the acquisition,
construction, improvement and equipping of a multifamily rental housing project located
at 1520 Hecker Pass Highway, Gilroy, California (the “Project”).
POLICY DISCUSSION
In order for all or a portion of the bonds for this project to qualify as tax-exempt
financing, the City of Gilroy must conduct a public hearing (the “TEFRA Hearing”)
providing community members an opportunity to speak in favor of or against the use of
tax-exempt bonds for the financing of this project. Prior to such TEFRA Hearing,
reasonable notice must be provided to the members of the community. Following the
close of the TEFRA Hearing, an “applicable elected representative” of the governmental
unit hosting the project must provide its approval of the issuance of the bonds for the
financing of the Hecker Pass Apartments project.
The policy question being asked is: “Should the City approve or deny the issuance of
CFMA bonds associated with the Hecker Pass Apartments project?”
BACKGROUND
JEMCOR Development Partners, LLC, (“Borrower”) requested that the CMFA serve as
the municipal issuer of the Bonds in an aggregate principal amount not to exceed
$30,000,000 of tax-exempt revenue bonds. The proceeds of the Bonds will be used to
finance or refinance the acquisition, construction, improvement and equipping of a
multifamily rental housing project located at 1520 Hecker Pass Highway, Gilroy,
California.
In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of
Gilroy must conduct a public hearing (the “TEFRA Hearing”) providing for the members
of the community an opportunity to speak in favor of or against the use of tax-exempt
bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice
must be provided to the members of the community. Following the close of the TEFRA
Hearing, an “applicable elected representative” of the governmental unit hosting the
Project must provide its approval of the issuance of the Bonds for the financing of the
Project.
The City conducted a prior TEFRA hearing and passed a resolution on October 19,
2020 for this project. However, the developer needed to change its finance authority,
thus, a new TEFRA hearing is required.
CALIFORNIA MUNICIPAL FINANCE AUTHORITY:
The CMFA was created on January 1, 2004 pursuant to a joint exercise of powers
agreement to promote economic, cultural and community development, through the
financing of economic development and charitable activities throughout California. To
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date, over 320 municipalities have become members of CMFA. The City of Gilroy is
already a member of the Authority.
The CMFA was formed to assist local governments, non-profit organizations and
businesses with the issuance of taxable and tax-exempt bonds aimed at improving the
standard of living in California. The CMFA’s representatives and its Board of Directors
have considerable experience in bond financings.
ANALYSIS
Approval of the issuance of bonds associated with this project demonstrates the City is
trying to support the creation and maintenance of affordable housing within the City by
meeting the policies and implementation programs listed below from the City’s 2015-
2023 Housing Element:
Goal H-1: Housing Production
Policy H-1.1 The City shall strive to ensure adequate land is available at a range
of densities to meet Gilroy’s existing and projected housing needs.
Policy H-1.2 The City shall encourage the provision of a variety of housing
options for Gilroy residents.
Policy H-1.3 The City shall encourage a mix of housing in new development
areas to avoid the overconcentration of specific housing types in
some areas of the city.
Policy H-1.6 The City shall continue to implement the Downtown Specific Plan
and encourage and coordinate activities with the Downtown
Business Association and Economic Development Corporation to
encourage mixed-use development.
Action H-1.C. Variety of Housing in Neighborhood Districts
Action H-1.D. Facilitate Infill Development
Goal H-2: Affordable Housing
Policy H-2.1 The City shall encourage the provision of new affordable housing.
Policy H-2.4 The City shall encourage partnerships between non-profit and for-
profit housing developers to encourage affordable housing
production.
ALTERNATIVES
The City Council may vote to approve the resolution authorizing the issuance of bonds
for the benefit of JEMCOR Development Partners, LLC (the "Developer"). This action
would be in support of the Housing Element policies and implementation programs.
Staff recommends this action.
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The City Council can choose not to approve the resolution authorizing the issuance of
the Bonds for the benefit of the Developer. Staff does not recommend this action.
FISCAL IMPACT/FUNDING SOURCE
The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the
Borrower, and the City will have no financial, legal, moral obligation, liability or
responsibility for the Project or the repayment of the Bonds for the financing of the
Project. All financing documents with respect to the issuance of the Bonds will contain
clear disclaimers that the Bonds are not obligations of the City or the State of California
but are to be paid for solely from funds provided by the Borrower
CONCLUSION
In light of the foregoing, and in order to support affordable housing, staff recommends
that the City conduct the TEFRA Hearing and adopt the resolution in favor of the
issuance of the Bonds by the CMFA.
PUBLIC OUTREACH
A Notice of Public Hearing of the Gilroy City Council to consider the approval of the
issuance of multifamily revenue bonds by the Municipal Finance Authority was
published on May 7, 2021.
Attachments:
TEFRA Resolution – Hecker Pass
Attachments:
1. TEFRA Resolution - Hecker Pass (Gilroy) 4134-8412-4461 1
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RESOLUTION NO. 2021-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING THE ISSUANCE BY THE CALIFORNIA MUNICIPAL
FINANCE AUTHORITY OF MULTIFAMILY HOUSING REVENUE BONDS
IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $30,000,000
FOR THE PURPOSE OF FINANCING OR REFINANCING THE
ACQUISITION AND CONSTRUCTION OF HECKER PASS APARTMENTS
AND CERTAIN OTHER MATTERS RELATING THERETO
WHEREAS, a partnership of which JEMCOR Development Partners, LLC (the “Developer”)
or a related person to the Developer is the general partner, has requested that the California
Municipal Finance Authority (the “Authority”) adopt a plan of financing providing for the
issuance of exempt facility bonds for a qualified residential rental project pursuant to Section
142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from
time to time, including bonds issued to refund such exempt facility bonds in one or more series
from time to time, and at no time to exceed $30,000,000 in aggregate principal amount (the
“Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a
multifamily rental housing project located at 1520 Hecker Pass Highway, Gilroy, California (the
“Project”); and
WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the
Authority must be approved by the City of Gilroy (the “City”) because the Project is to be
located within the territorial limits of the City; and
WHEREAS, the City Council of the City (the “City Council”) is the elected legislative
body of the City and is one of the “applicable elected representatives” required to approve the
issuance of the Bonds under Section 147(f) of the Code; and
WHEREAS, the Authority has requested that the City Council approve the issuance of
the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f)
of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement
Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the
“Agreement”), among certain local agencies, including the City; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following
notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to
approve the issuance of the Bonds by the Authority;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Gilroy as
follows:
Section 1. The foregoing resolutions are true and correct.
Section 2. The City Council hereby approves the issuance of the Bonds by the Authority.
It is the purpose and intent of the City Council that this resolution constitute approval of the
issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the
applicable elected representative of the governmental unit having jurisdiction over the area in
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which the Project is to be located, in accordance with said Section 147(f) and (b) Section 4 of the
Agreement.
Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of
all financing documents relating thereto to which the Authority is a party. The City shall have no
responsibility or liability whatsoever with respect to the Bonds.
Section 4. The adoption of this Resolution shall not obligate the City or any department
thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the
Project; (ii) approve any application or request for or take any other action in connection with
any planning approval, permit or other action necessary for the acquisition, construction,
rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any
funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or
its membership therein.
Section 5. The officers of the City are hereby authorized and directed, jointly and
severally, to do any and all things and to execute and deliver any and all documents which they
deem necessary or advisable in order to carry out, give effect to and comply with the terms and
intent of this resolution and the financing transaction approved hereby.
Section 6. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gilroy
held on this ____ day of __________, 2021, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
_____________, City Clerk
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City of Gilroy
STAFF REPORT
Agenda Item Title: Public Hearing to Establish a List of Properties Subject to the Weed
Abatement Program and Adoption of a Resolution Authorizing the
Fire Chief to Abate the Nuisance Arising Out of Weeds Growing
and Refuse Accumulating Upon Property in the City of Gilroy
Pursuant to Section 12.51 of the Gilroy Code
Meeting Date: May 17, 2021
From: Jimmy Forbis, City Administrator
Department: Fire Department
Submitted By: Jim Wyatt
Prepared By: Jim Wyatt
Jonathan Crick
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Adopt a Resolution of the City Council of the City of Gilroy authorizing the Fire Chief to
abate the nuisance arising out of weeds growing and refuse accumulating upon
property in the City of Gilroy, pursuant to Section 12.51 of the Gilroy City Code.
RECOMMENDATION
Adopt a Resolution of the City Council of the City of Gilroy authorizing the Fire Chief to
abate the nuisance arising out of weeds growing and refuse accumulating upon
property in the City of Gilroy, pursuant to Section 12.51 of the Gilroy City Code.
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BACKGROUND
On January 25, 2021, the City Council adopted Weed Abatement Resolution 2021-02
declaring weeds and refuse as a public nuisance. This annual process complies with
both the City Code and State Health and Safety Code, which require that, prior to
authorizing the abatement of a lot, the City hold a public hearing of the subject
properties. The City of Gilroy, via the annual resolution, identifies those properties and
owners with a history of non-abatement, and this list serves as the commencement list
for the County’s inspection and abatement program. The abatement program continues
to be implemented under an agreement with the Santa Clara County Agricultural
Commissioner’s Office for the Vegetation Management Program.
PROGRAM DESCRIPTION
All subject property owners identified on the commencement list will receive a public
hearing notice, as well as the abatement instructions and the fee costs. The abatement
notice is sent to property owners after City Council adoption of the Weed Declaration
Resolution. As part of the notification, property owners receive notice that the annual
Abatement Deadline is May 15, 2021. A second notice was sent out 30 days prior to the
May 15th deadline. If the property owner fails to complete abatement of their lot by May
15, 2021, the owner will be assessed fees for the failed inspection, in addition to the
initial inspection fee, and will receive a notice requiring that the abatement be completed
within two weeks.
Lots in the Wildland Urban Interface Hazardous Fire Areas, primarily homes on the
hillside, pose an immediate concern with potential wildfires. Therefore, these owners will
not receive the additional 2 week grace period. If these lots are not abated by the May
15th deadline, the County will complete a work order to have the lot abated by their
contractor. The County will then assess an abatement administrative fee, in addition to
the cost of the abatement. The abatement administrative fee and cost of abatement will
be in addition to the inspection fee and the failed inspection fee.
At the conclusion of the abatement period, a public hearing (tax lien hearing) will be
held on August 2, 2021 to add the fees as a tax assessment for the following year’s
property taxes. Prior to the City Council tax lien assessment hearing, property owners
with an assessment will be notified of the pending action. They can request an
administrative meeting/review with the County’s Program Manager and the City’s Fire
Marshal, should they disagree with the assessment. The administrative meeting/review
can be held in person, by phone, or email. The purpose is to eliminate assessments that
were incorrectly made through an error or incorrectly applied to the wrong property
owner.
A listing of the properties and owners that have been noticed is attached and on file with
the City Clerk. It is also posted at the City’s Fire Stations. Lots in which weeds and/or
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rubbish have been abated by the May 15th deadline, and are maintained in an abated
condition through the fire season, will only be assessed the $101 inspection fee.
ANNUAL PROCESS AND NEXT STEPS
Following the adoption of the Weed Declaration Resolution by the City Council, this
year’s weed abatement notices went out to property owners in February 2021. This
year’s commencement listing consists of 150 properties, identified by assessor parcel
number (APN). As part of the inspection process, which will occur shortly after May 15,
2021, the County will maintain current photos and documentation of their inspections.
Property owners who missed the deadline will receive subsequent notices and
associated fees. Lots that need immediate abatement (e.g. those located in Wildland
Urban Interface Hazardous Fire Areas) will be abated by the County. A comprehensive
report of abated lots and associated fees will be presented to the City Council at the tax
lien assessment hearing on August 2, 2021.
The agreement with the County requires properties that have failed inspections within
the past three years to remain on the commencement list. A property with no violations
within a consecutive three-year period will be removed from the commencement list.
However, the County does provide for some lots to be removed from the
commencement list if the property has been completely redeveloped and there is no
unmanaged weed hazard. The commencement list fluctuates from year to year. The
commencement list changed from 174 lots for 2019 to 146 lots for 2020 and now 150
for 2021.
Any owner that objects to their property being on the commencement list can object as
part of this public hearing. Such lots can be removed from the commencement list if
there is adequate reason (i.e. the lot has been redeveloped and there is no weed risk).
Any objections will be evaluated for conformance to the agreement and an adjustment
will be made if appropriate. Otherwise the commencement list should be approved by
the City Council so the program can proceed. Owners with concerns that cannot meet
the deadline due to site conditions can contact the County and/or City Fire Marshal’s
office.
The County also provides a website and an online application (or “app”) for the public to
notify them of weed complaints. Lots that are reported or identified out of compliance
with weed and refuse requirements that are not on the commencement list will also be
sent a notice to comply. Administrative citations can be issued by the Fire Marshal’s
office, and lots can be added to the abatement program for the following year. If an
unlisted lot has unmitigated weeds and refuse, that lot can be scheduled for a separate
public hearing to allow the County to abate the lot this year and assess fees for cost
recovery.
FISCAL IMPACT/FUNDING SOURCE
As long as the County recovers its expenses for the program using the fees assessed,
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the County bears the entire cost of the program. If there is a shortfall in cost recovery,
the City would be requested to provide its proportionate share of the shortfall.
ALTERNATIVES
The Council could choose not to approve the resolution to establish the commencement
list. The burden of both managing this program and abating the properties would revert
back to the City of Gilroy, requiring additional resources to be needed and no funding
available.
PUBLIC OUTREACH
February of 2021, the County of Santa Clara mailed abatement notices and instructions
to property owners identified on commencement list.
Attachments:
2021 Gilroy Commencement report
Resolution Chief Authorization 2021
Attachments:
1. 2021 Gilroy Commencement report
2. Resolution Chief authorization 2021
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Situs APNCITY/STATE2021 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYTExhibit AGOMEZ, RAMIRO AND MARISELA R1705 HECKER PASS HY GILROY CA 95020-883602-01705HECKER PASS783-01-0331LUTHERAN CHURCH OF THE GOOD 1735 HECKER PASS HY GILROY CA 95020-883702-01735HECKER PASS783-02-0262MARQUES, ALBERT 2020 ROCKROSE CT GILROY CA 95020-793102-08340WINTER783-03-0733SUNSET HILLS DEVELOPMENT LLC 575 SOUTHSIDE DR STE C GILROY CA 9502002-08351WINTER783-03-0774CAMPOLONG, DARRELL F TRUSTEE 9298 CALLE DEL REYST GILROY CA 95020-770002-09298CALLE DEL783-34-1215BASS, CLARENCE A AND KIMBERLY A4300 SPRINGBROOK LN GARDENDALE AL 35071-411502-09075GUAYMAS783-37-0156ENTERPRISE REI 8 LLC 10440 DE ANZA BLS STE D5A CUPERTINO CA 9501402-00HOLLYHOCK783-45-0447AMIN, DINESH C AND URVASHI D 2757 RAKESTRAW LNE GILBERT AZ 8529802-02320WILDROSE783-46-0398ENTERPRISE REI 8 LLC 24168 BIG BASIN WY SARATOGA CA 9507002-00SUNFLOWERCL783-47-0039SHEVCHENKO, DENIS AND REBECA9283 BRIARBERRY LN GILROY CA 95020-821002-09283BRIARBERRY783-50-00610ARDANUY, PAUL AND JACQUELYN M1383 PHEASANT DR GILROY CA 95020-820302-01383PHEASANT783-50-05011SAULAN, KIMCHAU THI TRUSTEE 4125 HECKER PASS RD GILROY CA 9502002-08772FOXGLOVE783-52-01912KOLLAREDDY, SRIDHAR 7948 MCCLELLAN RD APT 1 CUPERTINO CA 9501402-08775WILD IRIS783-52-02913ZARGARIAN, HELGA 8755 WILD IRIS DR GILROY CA 95020-000002-08755WILD IRIS783-52-03114PINEDA, ARTURO 1025 SPRIG WY GILROY CA 95020-000002-08745WILD IRIS783-52-03215VERMA, ASHISH TRUSTEE & ET AL 970 WOOD DUCK AV SANTA CLARA CA 9505102-01950LAVENDER783-52-03516SANTO, EDWIN ICHIRO TRUSTEE 1381 PEREGRINE DR GILROY CA 95020-000002-01381PEREGRINE783-55-01817REISINGER, DONALD J TRUSTEE & ET 9641 OHLONEWY GILROY CA 95020-000002-02331HOYA783-64-02218KARBALEINEMATMOEINI, 2121 CRUDEN BAY WY GILROY CA 95020-000002-02354BANYANST783-65-02219HY, SANG AND YEH, WEN CHUAN 1841 CAROB CT GILROY CA 95020-000002-01881CAROB783-72-01120ARAKELIAN, ELIZA 1830 CAROBCT GILROY CA 95020-779602-01830CAROB783-72-01621OP DEVELOPMENT INC 145 RIGGS AV MERCED CA 9534002-01810CAROB783-72-01822CHAKAMIAN, SANJAR AND 1940 PEAR DR MORGAN HILL CA 95037-000002-09045TEA TREE783-72-02323PAWLICKI, AGNIESZKA 9050 TEA TREE WY GILROY CA 95020-000002-09050TEA TREE783-72-02424Page 1Santa Clara County Weed Abatement Program24 records of 1508.B.aPacket Pg. 206Attachment: 2021 Gilroy Commencement report (3291 : Weeds and refuse abatement)
Situs APNCITY/STATE2021 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYTExhibit AMONTENERO, JOHN AND NATALIYA 9035 TEA TREE WY LOT 25 GILROY CA 95020-000002-09035TEA TREE783-72-02525DO, NGOC BICH THI ET AL 979 STORY RD #7024 SAN JOSE CA 9512202-09030TEA TREEWY783-72-02626KOLLAREDDY, USHARANI ET AL 7948 MCCLELLAN RD APT 1 CUPERTINO CA 9501402-09025MIMOSA783-72-02727THIEN, TRACY 38 PARK FLETCHER PL SAN JOSE CA 95136-240302-08962TEA TREE783-72-03028NRI ASSOCIATES LLC2250 CEDARSIDE CT SAN JOSE CA 95116-000002-08981TEA TREE783-72-03129LIU, HONGXUAN 2165 HOLLYHOCK CT GILROY CA 95020-000002-08971TEA TREE783-72-03330PHAM, LAN ET AL 15858 RICA VISTA WY SAN JOSE CA 95127-000002-08950MIMOSACT783-72-03531SR BUILDING BLOCKS LLC 407 UNIVERSITY AV LOS GATOS CA 95032-441102-00MIMOSACT783-72-03632TRAN, THANH QUANG AND CHAU, 190 FENNEL CT MORGAN HILL CA 95037-000002-08983MIMOSA783-72-03733SMITH, DARRYL AND SMITH-LEE, 222 MARGARITA AV PALO ALTO CA 94306-282202-09005MIMOSA783-72-03834CHAKAMIAN, SANJAR AND 1940 PEAR DR MORGAN HILL CA 95037-000002-02204BANYAN783-72-03935ROBLES, RONALD E AND MARIA R 1225 VIENNA DR #251 SUNNYVALE CA 9408902-02203BANYAN783-72-04036NAKANO, NANCY N ET AL2224 BANYAN CT GILROY CA 9502002-02224BANYAN783-72-04237WANG, LEO AND DIAN H 1784 LENNOX WY SALINAS CA 9390602-02243BANYAN783-72-04338NGUYEN, PHU AND DOAN, LILY 3339 VANGORN WY SAN JOSE CA 95121-255502-09210MAHOGANY783-72-04539OLIVARES, STEVEN 9211 MAHOGANY CT GILROY CA 95020-000002-09211MAHOGANY783-72-04940ZHANG, HONGXIN AND TANG, WEI 2253 BANYAN CT GILROY CA 95020-000002-02253BANYAN783-72-05041LE, LIEM QUANG 3100 MELCHESTER DR SAN JOSE CA 95132-174402-02273BANYAN783-72-05142KRUPA, STANISLAW TRUSTEE & ET 901 CALLE SERRA SAN DIMAS CA 9177302-02202COLUMBINE783-72-06143RAMIREZ, PEDRO AND JOSEFINA 2725 SCOTTSDALE DR SAN JOSE CA 95148-342702-02251MANTELLI783-72-06644DHALIWAL, JASDEEP S ET AL 39224 GUARDINO DR 216 FREMONT CA 9453802-01681LONGMEADO783-75-08145LEAL, AMADOR AND PALMINA 75 FARRELL AV GILROY CA 95020-761602-075FARRELL790-07-00646KUANG, WEIWEI 1952 EISENHOWER DR SANTA CLARA CA 95054-162102-095FARRELLAV790-07-00747NGUYEN, THUAN TRONG AND LE,3295 KLOETZELN SAN JOSE CA 95148-000002-0171RONAN790-15-00948Page 2Santa Clara County Weed Abatement Program48 records of 1508.B.aPacket Pg. 207Attachment: 2021 Gilroy Commencement report (3291 : Weeds and refuse abatement)
Situs APNCITY/STATE2021 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYTExhibit AMARGARETICH, BOZO AND VANJA 946 STANLEY AV LOS ALTOS CA 94024-506702-08877MONTEREY790-15-03649BROOKS, JULIA M ET AL 9145 JARDIN WY GILROY CA 9502002-09145JARDIN790-16-25750CRC KERN INVESTORS LLC 1437 LEIMERT BL #C OAKLAND CA 9460202-09130KERN790-17-00251ST FRANCIS INVESTMENT III 750 MENLO AV STE 250 MENLO PARK CA 9402502-09160KERNAV790-17-00352ZEPEDA, SAUL F AND JAZMIN A 114 DARBY CT SAN JOSE CA 95110-361002-0431WELBURN790-30-06553TORRES, ALBERT ET AL 8401 DIANE CT GILROY CA 95020-421302-08401DIANE790-30-07654FLORES, ANTHONY R PO BOX 1557 GILROY CA 95021-155702-0401BROADWAY790-33-01955HOWSON INDUSTRIES 1648 MULBERRY LN SAN JOSE CA 95125-494202-00CHURCH790-35-00156MA, WEIMIN TRUSTEE & ET AL 103 CHIPPENDALECT LOS GATOS CA 9503202-08051CHURCH790-35-00257ROMAN CATHOLIC BISHOP OF SAN 11 FIRST ST GILROY CA 9502002-00CHURCH790-35-00858DEUTSCHE BANK NATIONAL TRUST 1800 TAPO CANYON RD SIMI VALLEY CA 9306302-0265GURRIES790-35-04059DEUTSCHE BANK NATIONAL TRUST 1800 TAPO CANYON RD SIMI VALLEY CA 9306302-0255GURRIES790-35-04160DEUTSCHE BANK NATIONAL TRUST 1800 TAPO CANYON RD SIMI VALLEY CA 9306302-0295GURRIES790-35-04261DEUTSCHE BANK NATIONAL TRUST 1800 TAPO CANYON RD SIMI VALLEY CA 9306302-0305GURRIES790-35-04362DEUTSCHE BANK NATIONAL TRUST 1800 TAPO CANYON RD SIMI VALLEY CA 9306302-0315GURRIES790-35-04463HOWSON INDUSTRIES 1648 MULBERRY LN SAN JOSE CA 95125-494202-00CHURCH790-36-00264MONTANO, AL TRUSTEE & ET AL 15191 KARL AV MONTE SERENO CA 95030-222902-08365CHURCH790-36-03865S A PROPERTIES GROUP LLC 5820 STONERIDGE MALLRD PLEASANTON CA 9458802-013751ST790-39-01966YOUMANS, KRAIG AND FORTINO, 12005 TURLOCK AV SAN MARTIN CA 95046-943202-013551ST790-39-03067GORAYA, MANU K 860 MAPLE AV SAN MARTIN CA 95046-953802-08771CHURCH790-53-08768CENTRAL VALLEY COALITION 3351 M STREET #100 MERCED CA 9534802-0305COHANSEY790-65-09269PACIFIC BAY CAPITALGROUP LLC 810 SAN PEDRO ST STE 200 San Jose CA 9511302-0108CHICKADEELN790-66-057707711 Monterey LLC5655 SILVER CREEK VALLEY San Jose CA 9513802-07733MONTEREYRD799-03-054717711 MONTEREY RD LLCUNIT 305GILROY9502002-07711MONTEREYRD799-03-05572Page 3Santa Clara County Weed Abatement Program72 records of 1508.B.aPacket Pg. 208Attachment: 2021 Gilroy Commencement report (3291 : Weeds and refuse abatement)
Situs APNCITY/STATE2021 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYTExhibit ABECERRA, CLEMENTE PINEDA AND 7750 EIGLEBERRY ST GILROY CA 95020-512502-07750EIGLEBERRY799-03-06973BIIOUX LLC 5387 SILVER TRAIL CT SAN JOSE CA 95138-000002-07601MONTEREY799-04-00874APOR, PETE E AND ROSARIO J 14639 BADGER PASS RD MORGAN HILL CA 95037-590402-00EIGLEBERRYST799-09-02875BARQUINERO, CARLOS A TRUSTEE & 8265 WATSONVILLE RD GILROY CA 95020-942702-07201EIGLEBERRY799-09-03876BAINS, JAGJIT SINGH 3435 HARBOR CT SAN JOSE CA 95127-431102-00EIGLEBERRY799-10-04277DIAZ, JUAN PO BOX 193 SAN MARTIN CA 9504602-01959THW799-10-05778JEUNG, MICHAEL A ET AL 7421 HANNA ST GILROY CA 95020-572302-07421HANNA799-18-03179BERRY, DIANE L TRUSTEE 8341 CHANTRELLECT GILROY CA 9502002-07560MILLER799-24-02480MONSEF, CYRUS 6700 CHURCH ST GILROY CA 95020-650802-06700CHURCH799-33-00181NAJAFI, HAMID AND SHAHRZAD 965 LAUREL GLEN DR PALO ALTO CA 9430402-08010THW799-34-03682ELITE DEVELOPMENTS INC 144 WESTLAKE AV WATSONVILLE CA 9507602-00FILBRODR799-44-09383ELITE DEVELOPMENTS INC 144 WESTLAKE AV WATSONVILLE CA 9507602-00ROYALWY799-44-09484ELITE DEVELOPMENTS INC 144 WESTLAKE AV WATSONVILLE CA 9507602-00ROYALWY799-44-09585ELITE DEVELOPMENTS INC 144 WESTLAKE AV WATSONVILLE CA 9507602-00ROYALWY799-44-09686ELITE DEVELOPMENTS INC 144 WESTLAKE AV WATSONVILLE CA 9507602-00ROYALWY799-44-09787ELITE DEVELOPMENTS INC 144 WESTLAKE AV WATSONVILLE CA 9507602-00ROYALWY799-44-09888ELITE DEVELOPMENTS INC 144 WESTLAKE AV WATSONVILLE CA 9507602-00THOMASRD799-44-10989ELITE DEVELOPMENTS INC 144 WESTLAKE AV WATSONVILLE CA 9507602-0NO SITUS799-44-11090EAGLE GARDEN LLC 21701 STEVENS CRK BLV CUPERTINO CA 9501402-014101ST808-01-02191PIROZZOLI, MONICA TRUSTEE & ET P O BOX 2327 GILROY CA 9502102-00PONDEROSA808-01-02492FIRST ASSEMBLY OF GOD OF GILROY8886 MURAOKA DR GILROY CA 9502002-00THOMAS808-20-00893MCDERMOTT, PAULA BARBERI 6415 MONTEREY RD GILROY CA 9502002-010WESTAV808-21-00994CORP PRESI BISH CHURCH CHRIST 50 E NORTH TEMPLE FL 22 SALT LAKE CITY UT 84150-362002-06151THOMAS808-39-06695HP AG LAND LLC 23 CORPORATE PL 150NEWPORT BEACH CA 9262502-0NO SITUS810-20-02196Page 4Santa Clara County Weed Abatement Program96 records of 1508.B.aPacket Pg. 209Attachment: 2021 Gilroy Commencement report (3291 : Weeds and refuse abatement)
Situs APNCITY/STATE2021 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYTExhibit AOWENS FINANCIAL GROUP INC 2221 OLYMPIC BL WALNUT CREEK CA 9459502-02740HECKER PASSRD810-20-03397VILLAGE GREEN CUSTOM HOME LLC 220 20TH AVW SAN MATEO CA 9440302-0NO SITUS810-66-01298RADOSEVICH, ERIC J TRUSTEE 7518 FERNIE CT GILROY CA 95020-000002-07518FERNIE810-67-04199DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 9270802-06615EAGLE RIDGE810-72-029100DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 9270802-06625EAGLE RIDGE810-72-030101DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 9270802-06635EAGLE RIDGE810-72-031102DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 9270802-06645EAGLE RIDGE810-72-032103DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 9270802-06651EAGLE RIDGE810-72-033104DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 9270802-06655EAGLE RIDGE810-72-034105DO & PARTNERS LLC 9419 GERANIUM CL FOUNTAIN VALLEY CA 9270802-06671EAGLE RIDGE810-72-035106MONTANO, AL 15191 KARL AV MONTE SERENO CA 95030-222902-08605MURRAY835-01-003107HOPE FOREST LLC PO BOX 1772 GILROY CA 9502102-00MURRAY835-01-059108GLANDER, CARMELLA R TRUSTEE 707 N MONROE ST SAN JOSE CA 95128-134302-0210LAS ANIMAS835-02-013109ATLANTIC CONCRETE INC P O BOX 1772 GILROY CA 95021-177202-00LAS ANIMAS835-02-016110MARTIN, INEZ M TRUSTEE 14010 COLUMBET AV SAN MARTIN CA 95046-971002-0370TOMKINS835-02-023111ZEPEDA, ALFREDO AND 985 MONTEBELLO DR 105 E GILROY CA 9502002-0402MADISONCT835-03-059112GILROY SELF STORAGE PARTNERS P.O.BOX 699 DANVILLE CA 9452602-09080SAN YSIDRO835-04-078113LAS ANIMAS DEVEL CO LLC PO BOX 1772 GILROY CA 9502102-0315LAS ANIMAS835-05-006114GLANDER, CARMELLA R TRUSTEE 707 N MONROE ST SAN JOSE CA 95128-134302-0135LAS ANIMAS835-05-007115GERA, NICHOLAS TRUSTEE & ET AL 19341 MONTE VISTA DR SARATOGA CA 95070-621902-0410COHANSEY835-05-016116FA2017 LLC 84 W SANTA CLARA ST UNIT SAN JOSE CA 9511302-0FOREST(AV)835-31-030117HOLLER, DYLAN R TRUSTEE 405 SPRING GROVE RD HOLLISTER CA 9502302-0NO SITUS835-31-031118SWANSTON LANE LLC 18640 SUTTER BL STE 100 MORGAN HILL CA 9503702-00SWANSTON841-01-064119UNION PACIFIC CORPORATION 10031 FOOTHILLS BLVD ROSEVILLE CA 9574702-0NO SITUS841-02-046120Page 5Santa Clara County Weed Abatement Program120 records of 1508.B.aPacket Pg. 210Attachment: 2021 Gilroy Commencement report (3291 : Weeds and refuse abatement)
Situs APNCITY/STATE2021 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYTExhibit ADRL PROPERTIES LLC 2545 MUIRFIELD WY GILROY CA 95020-000002-0NO SITUS841-02-055121NGUYEN, HUNG Q AND LE, HONG T 11485 NEW AV GILROY CA 95020-902702-0395LEWIS841-03-062122PATEL JITENDRAKUMAR M 39625 FREMONT BLVD FREMONT CA 94538020341 LEWIS ST841-03-063123RODRIGUEZ, QUIRINO V AND 835 GREEN VALLEYRD WATSONVILLE CA 9507602-0311LEWIS841-03-070124OLIVERI, SALVATORE A 7610 FOREST ST GILROY CA 95020-520202-07610FOREST841-03-071125GILROY LEWIS STREETL P 151 KALMUS DR STE J5 COSTA MESA CA 9262602-0111LEWIS841-04-029126LIU, DENG AND CHEN, SASHA 400 PALM AV MILLBRAE CA 9403002-0222MARTIN841-06-040127FERNANDEZ, FABIAN ET AL 7472 CHESTNUT ST GILROY CA 95020-580602-07472CHESTNUT841-07-043128MOREY, EDWARD J AND MEGAN D 7498 CHESTNUT ST GILROY CA 95020-580602-07498CHESTNUT841-07-049129PACIFIC GAS AND ELECTRIC CO 111 ALMADEN BLVD SAN JOSE CA 95115-000502-00SOUTH841-10-039130UNION PACIFIC CORPORATION 10031 FOOTHILLS BLVD ROSEVILLE CA 9574702-07101ALEXANDER841-13-021131UNION PACIFIC CORPORATION 10031 FOOTHILLS BLVD ROSEVILLE CA 9574702-00SOUTHFY841-14-059132UNION PACIFIC CORPORATION 10031 FOOTHILLS BLVD ROSEVILLE CA 9574702-0NO SITUS841-14-060133UNION PACIFIC CORPORATION 10031 FOOTHILLS BLVD ROSEVILLE CA 9574702-0NO SITUS841-14-072134GARLIC FARM TRUCK CENTER LLC 5000 2ND STE G BENECIA CA 9451002-05870MONTEREY841-14-080135MCCARTHY GILROY LLC 210 ALMENDRA AV LOS GATOS CA 95030-721102-06900CAMERON841-17-100136MCCARTHY GILROY LLC 210 ALMENDRA AV LOS GATOS CA 95030-721102-06503CAMERON841-17-107137UNITED NATURAL FOODS WEST INC 100 OLIVER ST FLR 18TH BOSTON MA 211002-0NO SITUS841-17-119138UNITED NATURAL FOODS WEST INC 100 OLIVER ST FLR 18TH BOSTON MA 211002-0NO SITUS841-17-121139SOUTH COUNTY VENS LLC 7960B SOQUEL DRIVE #371 APTOS CA 9500302-0NO SITUS841-18-086140SOUTH COUNTY VENS LLC 7960B SOQUEL DRIVE #371 APTOS CA 9500302-0NO SITUS841-18-087141NGUYEN, THU TAM 2673 MCLAUGHLIN AV SAN JOSE CA 95121-275202-0NO SITUS841-53-066142CAPRARA, DENNIS TRUSTEE & ET AL31958 GLORIA RD GONZALES CA 93926-940102-00PACHECO PASS841-70-014143ROCHA, JOE A AND VICTORIA M 575 SOUTHSIDE DR GILROY CA 9502002-0555HOLLOWAY841-70-037144Page 6Santa Clara County Weed Abatement Program144 records of 1508.B.aPacket Pg. 211Attachment: 2021 Gilroy Commencement report (3291 : Weeds and refuse abatement)
Situs APNCITY/STATE2021 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYTExhibit ATEMPLE GILROY LLC 527 SIMAS DR MILPITAS CA 95035-472302-06970CAMINO841-70-049145FORTUNA DEL TIEMPO LLC 19910 SUNSET DR LOS GATOS CA 95030-293302-05885ROSSI841-72-001146PULMUONE WILDWOOD INC 2315 MOORE AV FULLERTON CA 9283302-0560ROSSI841-72-008147LONESTAR CALIFORNIA INC 1501 BELVEDERE RD WEST PALM BEACH CA 3340602-00LUCHESSAAV841-73-005148HOANG, VINCE AN TRI 5240 MONTEVERDE LN LINCOLN CA 9564802-05980TRAVEL PARK841-75-011149MCCARTHY GILROY LLC 210 ALMENDRA AV LOS GATOS CA 95030-721102-06601CAMERON841-84-009150Page 7Santa Clara County Weed Abatement Program150 records of 1508.B.aPacket Pg. 212Attachment: 2021 Gilroy Commencement report (3291 : Weeds and refuse abatement)
-1-
RESOLUTION NO. 2020-XX
RESOLUTION NO. 2020-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY ORDERING THE FIRE CHIEF TO ABATE THE
NUISANCE ARISING OUT OF WEEDS GROWING AND
REFUSE ACCUMULATING UPON PROPERTY IN THE
CITY OF GILROY, PURSUANT TO SECTION 12.51 OF THE
GILROY CITY CODE
WHEREAS, pursuant to Article III of Chapter 12 of the Gilroy City Code, on January 25,
2021, the City Council adopted Resolution No. 2021-02 declaring that weeds growing and refuse
accumulating in the City of Gilroy constitute public nuisances; and
WHEREAS, the Chief of the Fire Department of the City of Gilroy has caused notice of
the adoption of Resolution No. 2021-02 and notice of a public hearing on the proposed order to
abate said nuisances to be given to all of the affected property owners at their stated mailing
addresses on the latest tax assessor’s role, and has also caused notice to be given by posting and
publication in the manner and form provided in Sections 12.48, 12.49 and 12.53 of the Gilroy
City Code; and
WHEREAS, said public hearing was duly held on May 17, 2021, pursuant to said
resolution in the time and manner required by law, and any objections raised to the proposed
destruction or removal of said weeds and refuse were duly considered by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS:
1. That the Chief of the Fire Department is hereby ordered to abate the nuisances on
the properties described in Attachment “A” hereto, or cause the same to be abated, by having
refuse removed and weeds destroyed and/or removed by cutting, discing, chemical spraying or
any other method as may be determined by the Chief of the Fire Department or his authorized
Contractor. Such abatement shall be performed before May 15, 2021.
8.B.b
Packet Pg. 213 Attachment: Resolution Chief authorization 2021 (3291 : Weeds and refuse abatement)
-2-
RESOLUTION NO. 2020-XX
2. That any property owner shall have the right to destroy and/or remove weeds
growing and refuse accumulating on his property or have the same destroyed or removed at his
expense prior to the arrival of the Chief of the Fire Department or his authorized representatives
or contractors to remove them. Any property found with weeds after May 15, 2021 shall be
subject to the costs of further inspection and /or abatement by the City or the County and its
authorized contractor. Sites found after such date that constitute a fire hazard shall also be
subject to administrative citation.
3. That the Chief of the Fire Department or his authorized contractors shall keep an
account of the costs of destroying and/or removing said weeds and refuse and embody such
account in a report and assessment list to be presented to the City Council and filed with the City
Clerk. Such report shall refer to and sufficiently describe each separate lot or parcel of land and,
for each, shall state the costs of destroying or removing weeds, removing refuse, or both, and the
costs which are proposed to be assessed against the lot or parcel.
PASSED AND ADOPTED this 17th day of May 2021, by the following roll call vote:
AYES: COUNCILMEMBERS: BRACCO, TOVAR, ARMENDARIZ, HILTON,
LERIE-MUNOZ, MARQUES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
_______________________________
Marie Blankley, Mayor
ATTEST:
_______________________________
Anne Bybee, City Clerk
8.B.b
Packet Pg. 214 Attachment: Resolution Chief authorization 2021 (3291 : Weeds and refuse abatement)
City of Gilroy
STAFF REPORT
Agenda Item Title: Garlic City BMX Proposal Presentation
Meeting Date: May 17, 2021
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Jimmy Forbis
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Receive presentation from representatives of Garlic City BMX for the potential
development of a public BMX Pump Track at Christmas Hill Park.
BACKGROUND
On May 20, 2019 the City and Garlic City BMX (GCBMX), executed a 12-month
memorandum of understanding (MOU) that would allow both parties to explore the
possibility of the development of a BMX style skills park at Christmas Hill Park. That
MOU was extended for an additional year in May 2021. The original staff report from
2019 is attached and provides details of the initial concept and defined specific areas of
evaluation that was to be performed by both GCBMX and the City.
ANALYSIS
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GCBMX recently submitted a final proposal (attached) for the development of a BMX
Pump Track on the Ranch side of Christmas Hill Park.
At this time, Staff believes that the project is potentially viable, however, several details
will need to be finalized before a final MOU can be recommended to Council.
The purpose of tonight’s presentation to Council is introduce the proposal to Council
and the public, receive and incorporate feedback, and at a future meeting, return to
Council with a recommended MOU between the City and GCBMX.
ALTERNATIVES
There are no alternatives.
FISCAL IMPACT/FUNDING SOURCE
None at this time.
NEXT STEPS
After incorporating this evening’s Council feedback, staff will work with GCBMX to
develop a final MOU for Council consideration.
Attachments:
1. Garlic City BMX Proposal
2. GCBMX Staff Report May 20, 2019
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April 11, 2021
To:
Jimmy Forbis
Jimmy.Forbis@cityofgilroy.org
City Administrator
City of Gilroy
Gilroy Bicycle Skills/Pump Track Proposal
This document will serve as a guide for the conceptual plan and feasibility of municipal bicycle
skills area for the City of Gilroy California. This bicycle skills area will activate an
underdeveloped property within Christmas Hill Park on the Ranch Site and serve the
community 365 days a year. There are a variety of riding elements and riding surface options at
a majority of bicycle parks. Provided below is a conceptual design for the proposed park. This
project in in line with your 2020 City Resolution on being a Recreation Destination Community.
General responsibilities of Garlic City BMX, hereafter referred to as GCBMX, are as follows:
1. Build BMX pump tracks that would include one for older youths and one for toddlers. It will
be built with volunteers and donations, including a tractor, with incidentals paid for by GCBMX.
A possible design is attached. A minimum of 150 ft. by 150 ft will be needed. It will be built at
least 150 ft. from Uvas Creek.
2. Provide regular surface and surrounding area maintenance as needed, at least once a month
using our own tools.
3. Provide signage referring to track rules, and emergency procedures. Emergency procedures
attached here.
4. Provide and empty trash receptacles regularly.
5. Keep a documented site-maintenance log.
6. Hold minor special events several times a year, open to the public, concerning bicycle safety,
bicycle skills, and positive life styles.
General responsibilities of the city are as follows:
1. Provide the site for the track at Christmas Hill Park Ranch Site.
2. Assist in coordinating dirt from Glen Loma construction to be delivered to the site.
3. Provide a source of water to the site.
4. Allow GCBMX to keep a locked tool cache on-site at the park.
5. Provide liability insurance to the site.
1. Any endeavor involving reimbursement or contribution of funds between the parties shall be
handled in accordance with applicable laws, regulations, and procedures. If agreed upon, such
endeavors would be the subject of separate agreements to be entered into by the City and
GCBMX.
9.A.a
Packet Pg. 217 Attachment: Garlic City BMX Proposal (3295 : Garlic City BMX Proposal)
2. The City shall have the sole approval rights and authority over all development of the BMX
pump track and all organized activities GCBMX may undertake at the Park.
3. GCBMX shall comply with all local, state, and federal laws, including but not limited to,
executive orders, regulations, and policies relating to nondiscrimination.
4. The terms of the proposal may be extended, modified, or amended upon the written consent
of both parties or may be terminated with 30-day written notice by either party. Notices shall
be given to the City Administrator and/or GCBMX President.
Levee Bike/Ped path adjacent the 1.3 Acre area within Christmas hill park provides an ideal spot
for the development of a bike park. The park would feature a variety of different sections
designated for a wide variety of cycling disciplines.
9.A.a
Packet Pg. 218 Attachment: Garlic City BMX Proposal (3295 : Garlic City BMX Proposal)
Submitted by,
Garlic City BMX
Mary Garcia
marybmxmom@gmail.com
408-893-7535
501 (c)(3) Non-Profit #260264317
9.A.a
Packet Pg. 219 Attachment: Garlic City BMX Proposal (3295 : Garlic City BMX Proposal)
City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of a Memorandum of Understanding with Garlic City BMX
to Explore the Feasibility of a Potential Dirt Pump Track on a
Portion of Christmas Hill Park
Meeting Date: May 20, 2019
From: Gabriel Gonzalez, City Administrator
Department: Administration
Submitted By: Gabriel Gonzalez
Prepared By: Gabriel Gonzalez
Trevin Barber
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Customer Service ☐ Enhanced Public
Safety
RECOMMENDATION
Approve a Memorandum of Understanding with Garlic City BMX to Explore the
Feasibility of a Potential Dirt Pump Track.
EXECUTIVE SUMMARY
Garlic City BMX is local a non-profit entity working in cooperation with Action Sports
Construction to site a local dirt pump track on an underutilized portion of Christmas Hill
Park in the City of Gilroy. The new park amenity would be designed, constructed,
maintained, and operated at no cost to the City of Gilroy.
Garlic City BMX is seeking the support of the City Council to move forward with drafting
an Memorandum of Understanding (MOU), which would allow Garlic City BMX to
proceed with exploring the feasibility and fundraising activities associated a proposed
dirt pump track.
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9.A.b
Packet Pg. 220 Attachment: GCBMX Staff Report May 20, 2019 (3295 : Garlic City BMX Proposal)
BACKGROUND
In past years, there has been a strong interest by a segment of the community
interested in the development of a BMX track. For example, the Garcia family has been
a strong proponent and previously expressed to the City Council a desire to construct a
privately developed BMX track within a city park. At the time, the group was not
prepared to provide a geotechnical study, conduct many of the engineering and
planning reports needed to conform to City Code and lacked a business plan for the
management and operation of the BMX track. From the beginning, the project has been
picked up and put down from time to time and as such has undergone various
iterations.
The most recent iteration of the project is being organized by Garlic City BMX in
cooperation with an internationally renowned sports park contractor, Action Sports
Construction (ASC). ASC provides on-site consultation, conceptual planning,
environmentally sensitive design, project fundraising, and management, as well as
sustainable construction of any bicycle facility. Their statement of qualifications appears
as an attachment to this report.
Garlic City BMX is a California non-profit formed by members of the Gilroy community
with ties to the BMX industry. For business purposes, it is proposed the dirt pump track
be developed under the umbrella of Garlic City BMX. Garlic City BMX has provided a
business plan as well as a proposal for the dirt pump track for the City Council to
consider (attached).
During the October 15th, 2018 City Council Meeting, staff provided the following remarks
regarding the potential host sites for the conceptual bicycle skills facility:
There have been three host sites that were considered for the proposed dirt pump track:
Sunrise Park;
Las Animas Park; and
Christmas Hill Park.
Las Animas Park, a neighborhood park, made sense because it already hosted
complementary facilities such as the skateboarding area. Upon closer evaluation,
however, the park did not have enough available acreage to support the dirt pump track
and would have necessitated the removal or reduction in other amenities such as the
dog park. This option seemed undesirable to staff and the community.
In a similar vein, Sunrise Park, also a neighborhood park, did not have the space for the
needed facilities, parking, restrooms, etc. The master plan for the park was also not in
alignment with hosting a dirt pump track.
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9.A.b
Packet Pg. 221 Attachment: GCBMX Staff Report May 20, 2019 (3295 : Garlic City BMX Proposal)
In contrast, larger community parks do have the size and necessary facilities to host a
dirt pump track. Christmas Hill Park and the Gilroy Sports Complex are both community
parks that were considered for the proposed dirt pump track.
Alternatively, the Gilroy Sports Complex was a natural fit as the master plan for the park
showed future plans for a skateboarding area, parking, and restroom s. However, the
park land is not actually annexed within the City of Gilroy and it was discovered that the
process for annexation would have been too cost prohibitive to proceed with that site.
It seems Christmas Hill Park offers ample space, parking, restrooms, and a connection
to the City’s existing bike trail. Garlic City BMX believes Christmas Hill Park has the best
opportunity to make the dirt pump track a successful endeavor.
Within Christmas Hill Park there are two options for sites, both are located in the Ranch
Site. ‘Option A’ is situated southeast of the baseball field while ‘Option B’ is located
northwest of the Police Department’s equestrian facility. (An aerial context map is
attached). ‘Option A’ is the primary site for the dirt pump track.
‘Option B’ is being considered as an alternate to ‘Option A’ because of a potential
conflict with the site’s temporary use by the Garlic Festival Association. The Garlic
Festival Association uses that portion of the Ranch Site that contains ‘Option A’ for
vendor parking once a year. Either the Garlic City Association has to adjust their plans
by locating vendor parking at ‘Option B’ or Garlic City BMX has to move their proposed
site to ‘Option B.’
During the October 15th, 2018 City Council Meeting, staff also provided the following
remarks regarding the Christmas Hill site and potential bicycle skills facility:
Hazardous Materials – Based on current conditions, and the nature of the proposed
BMX Pump Track’s use, the park does not increase the risk of the general public or
present undue risk to human health based on site specific conditions.
Zoning – PK Park / Public Facilities. “Unconditionally permitted uses include all facilities
owned or leases, and operated or used by the City of Gilroy…or any other
governmental agency.”
Environmental – Additional, more specific information is needed to determine if the
below concerns would reach the level of requiring CEQA review:
Air Quality (dust and air quality issues, exposure to sensitive receptors)
Flooding (location in flood zone?)
Biological Resources (if any habitat areas)
Noise (amount of change in current ambient noise level, or levels in excess of
allowed levels)
Public Services (increase in need for services)
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9.A.b
Packet Pg. 222 Attachment: GCBMX Staff Report May 20, 2019 (3295 : Garlic City BMX Proposal)
Stream Setback – The Habitat Conservation Plan requires a biologist to identify the
extent/edge of the riparian vegetation. Since Uvas Creek is a Category 1 stream, it
requires a setback of 100 feet from the top bank or 35 feet from the edge of the riparian
corridor, whichever is greater.
Flood - Adjacent to the banks of Uvas Creek is a Floodway (area where water uses to
continue its downward migration during extreme rain events). Adjacent to the floodway
is a flood plain (area where water will pool during extreme weather events.
At that time, Council directed staff to proceed in drafting an MOU and return at a later
date for the approval. Tonight’s meeting is to review the drafted MOU and consider
approval.
ALTERNATIVES
The two alternatives are the following:
1. Direct staff to proceed with approving an MOU with Garlic City BMX and to come
back at a later date with a finalized plan. This is the recommended action in
order to continue enhancing the recreational offerings at Christmas Hill Park.
2. Direct staff to oppose the project. This alternative is not recommended
because Christmas Hill Park will continue to be underutilized.
FISCAL IMPACT/FUNDING SOURCE
There is no fiscal impact on the City of Gilroy at this time; this action is to approve a
MOU that will enable Garlic City BMX to proceed exploring the feasibility and
fundraising activities associated with a proposed dirt pump track.
Attachments:
1. Proposal - Gilroy Bicycle Skills Area
2. Garlic City BMX Business Plan
3. ACS Statement of Qualifications
4. Draft MOU for Bike Skills Area
5. Site Map - Garlic City BMX
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9.A.b
Packet Pg. 223 Attachment: GCBMX Staff Report May 20, 2019 (3295 : Garlic City BMX Proposal)
City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of Capital Improvement Plan Projects for Funding by the
Road Repair and Accountability Act of 2017 (SB-1) Funds
Meeting Date: May 17, 2021
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Daryl Jordan
Prepared By: Ogarita Carranza
Ogarita Carranza
Strategic Plan Goals
Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Adopt a Resolution of the City Council of the City of Gilroy adopting a list of projects for
Fiscal Year 2021-22 to be funded by SB 1: The Road Repair and Accountability Act of
2017.
BACKGROUND
Senate Bill 1, (SB 1) (Beall, Chapter 5, Statutes of 2017), The Road Repair and
Accountability Act of 2017 provides significant, stable, and ongoing state transportation
funding. These are funds dedicated to fixing aging roads and bridges, improving goods
movement, and reducing traffic congestion. SB-1 is anticipated to generate $54 billion
over the next decade, split between state and local agencies.
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SB-1 will enable cities and counties to address significant maintenance, rehabilitation
and safety needs on their local streets and roads system. SB-1 will provide
approximately $1.5 billion per year for local streets and roads. Gilroy received $327,760
for Fiscal Year 2018 (FY18), $1,019,879 in FY19, $968,666 in FY20 and is expected to
receive a projected amount of $998,090 in FY21 for a total of $3,314,395 for local street
pavement maintenance. 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.
In April 2020, Council approved a resolution and a list of projects to be constructed
using the FY21 funding. The FY21 program is expected to be completed in early
summer (late FY21). The updated list of proposed street segments for paving using SB-
1 funding is attached as Attachment 1.
To-date, the City has received $2,923,203 from the State Controller. We anticipate that
the City will receive the full funding for FY21 ($3,314,395), by August 2021.
ANALYSIS
In order 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, 2021.
The list of street segments was selected using the City’s StreetSaver pavement
maintenance database program assuming an annual pavement budget of $3.9M per
year and using the Council-directed blended system to identify streets for rehabilitation.
Street segments are selected to provide the greatest improvement in average
Pavement Condition Index (PCI) for a given funding level. Staff also considered
Average Daily Traffic (ADT), Street Functional Classifications (Residential, Collector, or
Arterial), current Pavement Condition Index (PCI), types of treatment required, and
geographic equity when selecting streets for inclusion on this list.
It is anticipated that, while the rehabilitation and resurfacing of the above streets will
significantly improve safety, pavement condition and rideability along these specified
streets, it is not expected that it will result in significant increase in the Citywide
Pavement Condition Index (PCI) for the following reasons:
1. Per the Pavement Management Report (completed by AMS Consulting in
January 2020) and Staff’s State of City Street pavement condition presentation at
the January 27, 2020 Council meeting, the current Citywide PCI is at 62; in order
to significantly improve the PCI, the City may need to spend approximately
$5,000,000 (on average) per year on pavement maintenance, while an average
9.B
Packet Pg. 225
expenditure of approximately $3,400,000 is needed to maintain the current PCI
level of 62.
2. The percentage of street segments currently evaluated as good to fair condition
will continue to deteriorate at a faster rate than the benefit gained by the
rehabilitation of the street segments included in the SB-1 list.
FISCAL IMPACT/FUNDING SOURCE
The FY 2021-22 SB 1 Road Maintenance and Rehabilitation Account (RMRA) projected
revenues of $1,093,095 will be included as a revenue source for Fund 215 (Road
Maintenance and Rehab) in the City’s CIP under Annual Pavement Maintenance
Program (Project No. 800060) as part of the FY 2021-22 project budget.
SB-1 requires that cities maintain existing general fund levels for transportation funding
at levels equal to, or greater than, their annual average expenditures during FY10,
FY11, and FY12, which is known as “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 $1.2 million annually from
the General Fund (which is the average of 3-year expenditures on street maintenance
from FY10 - FY12). For FY21 and FY22, the City is scheduled to spend more than $1.2
million in pavement and street maintenance effort using General Fund monies and more
than $900,000 using Measure B funds and other Gas Tax revenues, in addition to the
SB1 candidate projects.
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. Attachment 1 - FY21-22 SB1 Project List
2. SB 1 Fy 22 Resolution 5-17-2021rev1
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Street Name Begin Location End Location Classification Section Area (Sf)
ADAMS CT MURRAY AVE END RESIDENTIAL 13,575
ALDER ST STARLING DR THOMAS RD RESIDENTIAL 35,455
ALEXANDER ST SIXTH ST LEWIS ST RESIDENTIAL 45,452
ALEXANDER ST NINTH ST SIXTH ST RESIDENTIAL 91,536
APACHE CT END RODEO DR RESIDENTIAL 15,081
ARAPAHO DR DURANGO LN BENBOW DR RESIDENTIAL 38,010
ARMAND CT WREN AVE END RESIDENTIAL 6,469
ASHBURY CT END ALDER ST RESIDENTIAL 7,021
AZARA ST STONECRESS ST MANTELLI DR RESIDENTIAL 8,540
BABBS CREEK DR 100FT WEST OF
STARLING DR
END WEST RESIDENTIAL 18,700
BANES LN ALEXANDER ST END RESIDENTIAL 7,440
BANYAN CT BANYAN ST END RESIDENTIAL 19,992
BANYAN CT END TEA TREE WAY RESIDENTIAL 4,200
BANYAN ST LINARIA ST E END RESIDENTIAL 19,460
BENBOW DR SAGE HILL DR ARAPAHO DR RESIDENTIAL 20,335
BENNETT CT SEVERANCE ST END RESIDENTIAL 17,185
BLACKFOOT CT GERONIMO ST CUL DE SAC RESIDENTIAL 12,800
BLUEBELL DR BURCHELL RD COUNTRY DR RESIDENTIAL 27,280
BLUE HERON CT END PEREGRINE DR RESIDENTIAL 9,095
BOSQUE ST JARDIN WY TAOS WY RESIDENTIAL 10,506
BRAZOS ST JARDIN WY TAOS WY RESIDENTIAL 12,342
BRITTANY CT MANTELLI DR END RESIDENTIAL 14,241
BUNTING CT SUNRISE DR CUL DE SAC RESIDENTIAL 10,234
BUTTERCUP LN KERN AVE WESTWOOD DR RESIDENTIAL 13,965
CANYON CT CHEYENNE DR CUL DE SAC RESIDENTIAL 3,400
CAROB CT TEA TREE WAY END RESIDENTIAL 18,600
CHADWICK ST HOXETT ST WENTZ DR RESIDENTIAL 20,370
CHAPPELL CT END CHURCH ST RESIDENTIAL 11,523
CHERRYWOOD CT SPRIG WAY CUL DE SAC RESIDENTIAL 10,200
CHEYENNE DR SADDLER WY 100' W/O
NAVAJO CT
RESIDENTIAL 14,982
CHARLES LUX DR GREENFIELD DR CIMINO ST RESIDENTIAL 18,880
CIELO VISTA CT DANCING WIND CUL DE SAC RESIDENTIAL 4,752
CIELO VISTA LN DANCING WIND DREAM
RESIDENTIAL 35,316
CIMINO ST LUCHESSA AVE CHARLES LUX
DR
RESIDENTIAL 28,670
CLARK WY CRAWFORD DR WREN AVE RESIDENTIAL 30,870
COMANCHE ST SUNRISE DR PUBELO RESIDENTIAL 21,440
CONCORD PL NINTH ST END RESIDENTIAL 11,124
CONNELL CT LAS ANIMAS AV END RESIDENTIAL 10,673
COOPER PL JICARRILLA PL SUNRISE DR RESIDENTIAL 16,660
COUNTRY DR SUNFLOWER CIR MANTELLI DR RESIDENTIAL 20,600
COYOTE MOON LN DREAM CATCHER SUNRISE DR RESIDENTIAL 37,570
CRAWFORD DR SANTA PAULA DR END RESIDENTIAL 42,735
CREST HILL CT RANCHO HILLS END RESIDENTIAL 17,289
CREST HILL WY END RANCHO HILLS
DR
RESIDENTIAL 58,242
CUMBERLAND DR MILLER AVE ORCHARD DR RESIDENTIAL 34,558
CYPRESS CT PONDEROSA DR LAUREL DR RESIDENTIAL 18,088
DAFODIL PL MANTELLI DR ZINNIA ST RESIDENTIAL 23,240
DEL RIO CIR SANTA FE DR SANTA FE DR RESIDENTIAL 20,938
ATTACHMENT 1
9.B.a
Packet Pg. 227 Attachment: Attachment 1 - FY21-22 SB1 Project List (3283 : LSR SB 1 Funding for 2021-2022)
Street Name Begin Location End Location Classification Section Area (Sf)
DESERT BLOOM PL O'KEEFE LANE SUNRISE DRIVE RESIDENTIAL 25,346
DOVETAIL WAY RANCHO HILLS END RESIDENTIAL 51,272
DREAM CATCHER WY CIELO VISTA WAY SUNRISE DRIVE RESIDENTIAL 25,024
EAGLE HILLS WY BLANKWING WY 300' S/O
PEREGRINE DR
RESIDENTIAL 32,760
EAGLE`S NEST LN EAGLE HILLS WY 324' N/O EAGLE
HILLS WY
RESIDENTIAL 11,016
EAGLE`S NEST LN 324' N/O EAGLE PEREGRINE DR RESIDENTIAL 37,706
EAGLE VIEW WY LONGMEADOW 241' N/O
RESIDENTIAL 31,110
EAGLE VIEW WY 241' N/O PEREGRINE DR RESIDENTIAL 16,592
EDEN ST WREN AV FLORAL ST RESIDENTIAL 46,340
ELECTA CT LAS ANIMAS AVE CUL DE SAC RESIDENTIAL 20,988
ERVIN CT MONTEREY ROAD CUL DE SAC RESIDENTIAL 8,330
FELLOM CT MURRAY AV END RESIDENTIAL 16,450
FERAGALLI CT HIRASAKI DR CUL DE SAC RESIDENTIAL 17,578
FESTA AGLIO CT HIRASAKI DR CUL DE SAC RESIDENTIAL 21,046
FESTA AGLIO DR HIRASAKI AV PADOVA DR RESIDENTIAL 31,430
FILICE DR SOUTH END NORTH END RESIDENTIAL 99,482
FLORAL ST EDEN ST MANTELLI DR RESIDENTIAL 21,665
FORUNATA PL FOREST ST GENNARO WAY RESIDENTIAL 7,680
FOXGLOVE CT END WILD IRIS DR RESIDENTIAL 11,288
FREEMAN CT LAS ANIMAS RD END RESIDENTIAL 24,311
GARFIELD CT MURRAY AV END RESIDENTIAL 16,386
GENNARO WY LEWIS ST FORTUNATA
PLACE
RESIDENTIAL 13,600
GERONIMO ST ZUNI LANE SHOSHONE
STREET
RESIDENTIAL 40,256
GOLD FINCH CT SPARROW GLEN CUL DE SAC RESIDENTIAL 7,905
GOLDEN SKY WY DREAM CATCHER SUNRISE DRIVE RESIDENTIAL 23,732
GRANT CT MURRAY AVE END RESIDENTIAL 14,037
GRANDE DR CHEYENNE DR SPRIG WAY RESIDENTIAL 10,080
GREYSTONE CT KERN AVE END RESIDENTIAL 17,916
HADLEY CT END ROGERS LN RESIDENTIAL 23,738
HAWTHORNE ST WISTERIA DR ALDER ST RESIDENTIAL 7,350
HAYFIELD ST POPPYFIELD ST GREENFIELD DR RESIDENTIAL 17,578
HOLLYHOCK CT HOLLYHOCK LN CUL DE SAC RESIDENTIAL 7,800
HOGAN WY END SADDLER DR RESIDENTIAL 24,520
HOLLYHOCK LN MANTELLI DR HOLLYHOCK CT RESIDENTIAL 39,000
HONEY CT FLORAL ST END RESIDENTIAL 7,568
HOOVER CT END ROGERS LN RESIDENTIAL 15,510
HOPI LN SUNRISE DR O'KEEFE CT RESIDENTIAL 24,045
IRONBARK ST STONECRESS ST MANTELLI DR RESIDENTIAL 9,040
JACARANDA WY SOUTH END NORTH END RESIDENTIAL 27,051
JARDIN WY BRAZOS ST BOSQUE ST RESIDENTIAL 12,480
JICARILLA PL EAGLE VIEW WAY COOPER PL RESIDENTIAL 21,760
KENNEDY CT MURRAY AV END RESIDENTIAL 17,904
KIOWA CT JICARILLA PL CUL DE SAC RESIDENTIAL 7,680
KITE DR PEREGRINE DR SUNRISE DR RESIDENTIAL 7,786
KOSHARE PL COMANCHE ST SHOSHONE ST RESIDENTIAL 24,650
LA PRIMAVERA WY WREN AVE TAOS WAY RESIDENTIAL 28,458
LAREDO WY SUNRISE DR RIO GRANDE
WY
RESIDENTIAL 14,525
9.B.a
Packet Pg. 228 Attachment: Attachment 1 - FY21-22 SB1 Project List (3283 : LSR SB 1 Funding for 2021-2022)
Street Name Begin Location End Location Classification Section Area (Sf)
LAS ANIMAS AV MONTEREY RD ROAD
NARROWS
RESIDENTIAL 20,468
LEARNARD WY MANTELLI DR BRENTWOOD
LN
RESIDENTIAL 19,176
LILLY AVE LIMAN AVE RONAN AVE RESIDENTIAL 10,136
LINARIA ST BANYAN ST OLEA CT RESIDENTIAL 7,880
LINNET CT DOVETAIL WAY CUL DE SAC RESIDENTIAL 13,736
LISA CT END NICOLE WY RESIDENTIAL 10,681
LONGMEADOW CT RANCHO HILLS W END RESIDENTIAL 39,375
LUCHESSA AVE CIMINO ST GREENFIELD DR RESIDENTIAL 40,880
MADISON CT MURRAY AV END RESIDENTIAL 16,563
MARTIRI DR HIRASAKI AV PADOVA DR RESIDENTIAL 21,000
MARTIRI CT HIRASAKI DR CUL DE SAC RESIDENTIAL 15,130
MIMOSA CT BANYAN CT END RESIDENTIAL 11,655
MORO CT HIRASAKI DR CUL DE SAC RESIDENTIAL 18,734
MORO DR HIRASAKI AV PADOVA DR RESIDENTIAL 19,176
MURAOKA DR NAGAREDA DR YAMANE DR RESIDENTIAL 44,145
NAGAREDA DR FOREST DR MURAOKA DR RESIDENTIAL 23,670
NAVAJO CT CHEYENNE DR CUL DE SAC RESIDENTIAL 4,080
NECTAR CT END FLORAL ST RESIDENTIAL 6,506
NORTH EGRET CT CREST HILL DR END RESIDENTIAL 6,035
NICOLE CT END NICOLE WY RESIDENTIAL 9,754
NICOLE WY MESA RD CARIGNANE DR RESIDENTIAL 35,496
NINTH ST VALLEY FORGE PRINCEVALLE RESIDENTIAL 36,260
OHLONE WAY SUNRISE DR SPRIG WAY RESIDENTIAL 14,416
OKEEFE CT HOPI LN E. END CDS RESIDENTIAL 22,155
ORINDA WY MARIPOSA ST LONG MEADOW
DR
RESIDENTIAL 21,456
PADOVA DR SORRENTO DR MORO DR RESIDENTIAL 30,975
PADOVA DR SIENA CT SORRENTO DR RESIDENTIAL 32,232
PARTRIDGE DR END CALLE DEL REY RESIDENTIAL 35,405
PEREGRINE DR RANCHO HILLS EAGLE VIEW WY RESIDENTIAL 57,528
PERIWINKLE DR END MANTELLI DR RESIDENTIAL 18,141
PHEASANT DR THISTLE WY CALLE DEL REY RESIDENTIAL 51,000
POLK CT MURRAY AVE END RESIDENTIAL 14,565
PONDEROSA DR THIRD ST CYPRESS CT RESIDENTIAL 28,200
PRAIRIE OWL CT SPRIG WY N. END CDS RESIDENTIAL 9,765
PUEBLO CT ZUNI LN W. END RESIDENTIAL 15,363
RANCHO HILLS CT END MANTELLI DR RESIDENTIAL 12,701
RIO GRANDE WY LAREDO WY SEDONA WY RESIDENTIAL 18,054
ROCKROSE CT LARKSPUR LN END RESIDENTIAL 9,121
ROGERS LN SIXTH ST LEWIS ST RESIDENTIAL 38,400
RONAN AVE WREN AVE CHURCH ST RESIDENTIAL 48,510
SANTA INEZ CT SAN MIGUEL ST END RESIDENTIAL 19,049
SANTA FE DR TAOS WY CHURCH ST RESIDENTIAL 15,283
SEDONA WY SUNRISE DR RIO GRANDE
WY
RESIDENTIAL 14,560
SHOOTING STAR CT HOLLYHOCK LANE CUL DE SAC RESIDENTIAL 8,169
SHOSHONE WY KOSHARE PUBELO COURT RESIDENTIAL 10,868
SIENA DR HIRASAKI DR SORRENTO CT RESIDENTIAL 23,086
SIENA CT HIRASAKI DR CUL DE SAC RESIDENTIAL 22,134
SIXTH ST 308 E/O ROGERS LN RESIDENTIAL 12,280
SAN JUSTO ROAD MILLER RD END RESIDENTIAL 33,600
9.B.a
Packet Pg. 229 Attachment: Attachment 1 - FY21-22 SB1 Project List (3283 : LSR SB 1 Funding for 2021-2022)
Street Name Begin Location End Location Classification Section Area (Sf)
SOLANA DR VALBUSA DR LONGMEADOW
DR
RESIDENTIAL 30,240
SOLEDAD ST 248' S/O LERMA LERMA LN RESIDENTIAL 8,680
SORRENTO DR HIRASAKI DR PADOVA DR RESIDENTIAL 26,316
SPARROW GLEN WAY DOVETAIL WAY SUNRISE DR RESIDENTIAL 22,168
SPRIG WY SADDLER WY RODEO DR RESIDENTIAL 29,308
ST FRANCIS CT SAN MIGUEL ST END RESIDENTIAL 19,308
STONECRESS ST COUNTRY DR BANYAN ST RESIDENTIAL 44,919
SUNFLOWER CIR WEST END STRAWBERRY
LN
RESIDENTIAL 8,580
SUNFLOWER CIR STRAWBERRY LN COUNRTY DR RESIDENTIAL 30,460
TAOS WAY RONAN AVE LA PRIMAVERA
WAY
RESIDENTIAL 22,417
TAOS WAY TAOS WAY END RESIDENTIAL 4,147
TEA TREE CT CREST HILL WAY END RESIDENTIAL 13,234
TEA TREE WY TEA TREE COURT END RESIDENTIAL 32,802
THIRD ST COBBLESTONE
470FT W/O
RESIDENTIAL 57,750
THIRD ST ISABELLA WY COBBLESTONE
CT/THIRD ST
RAB
RESIDENTIAL 12,000
COBBLESTONE THIRD ST THIRD ST RESIDENTIAL 4,160
VALLEY FORGE DR TENTH ST NINTH ST RESIDENTIAL 21,941
VALLEY OAKS DR CREST HILL DR RANCHO HILLS
DR
RESIDENTIAL 56,644
VICKERY AVE NIGHTINGALE DR WREN AVE RESIDENTIAL 22,750
WEAVER CT END WOODWORTH
WY
RESIDENTIAL 9,052
WILDROSE CT SUNFLOWER CIR CUL DE SAC RESIDENTIAL 7,461
WILD IRIS DR SOUTH SIDE OF LAVENDER WAY RESIDENTIAL 17,600
WILLY CT MURRAY AV CUL DE SAC RESIDENTIAL 15,682
WISTERIA DR HAWTHORNE ST THOMAS RD RESIDENTIAL 18,394
YUCCA CT CHEYENNE DR CUL DE SAC RESIDENTIAL 4,000
ZINNIA ST VIOLET WY MANTELLI DR RESIDENTIAL 10,656
ZINNIA ST MANTELLI DR DAFFODIL PL RESIDENTIAL 27,710
ZUNI LN SUNRISE DR PUEBLO CT RESIDENTIAL 23,902
CAMINO ARROYO GILMAN RD ARROYO CIR COLLECTOR 27,342
CARMEL ST FIRST ST EL CERRITO WY COLLECTOR 46,332
CHURCH ST SEVENTH ST FOURTH ST COLLECTOR 88,944
CHURCH ST FOURTH ST FIRST ST COLLECTOR 87,696
CHURCH ST LAS ANIMAS AV 100' N/O
HENNESSEY WY
COLLECTOR 21,658
FOURTH ST SANTA THERESA MILLER DR COLLECTOR 26,000
FOURTH ST MILLER DR PRINCEVALLE
ST
COLLECTOR 38,560
KERN AVE MANTELLI DR 429' N/O
MANTELLI DR
COLLECTOR 19,305
KERN AVE 429' N. OF N CITY LIM COLLECTOR 42,490
RANCHO HILLS DR CARRIAGE DR VALLEY OAKS
DR
COLLECTOR 40,005
RENZ LN 1085' W. OF
CAMINO COLLECTOR 60,760
THIRD ST PRINCEVALLE ST CHURCH ST COLLECTOR 73,800
THIRD ST CHURCH ST MONTEREY RD COLLECTOR 25,360
9.B.a
Packet Pg. 230 Attachment: Attachment 1 - FY21-22 SB1 Project List (3283 : LSR SB 1 Funding for 2021-2022)
Street Name Begin Location End Location Classification Section Area (Sf)
WAYLAND LN EL CERRITO WY CUL DE SAC COLLECTOR 66,341
CAMERON BLVD HWY 152 VENTURE WY ARTERIAL 202,000
CHURCH ST 98' S/O RONAN LIMAN AVE COLLECTOR 26,824
GREENFIELD DR LUCHESA AV N END GATE COLLECTOR 23,126
LUCHESSA AVE THOMAS DR GREENFIELD DR ARTERIAL 136,391
NONAME UNO AVE LAS ANIMAS RD ADDRESS' 9850
NO. UNO
ARTERIAL 112,200
SIXTH ST EIGLEBERRY RD RR TRACKS COLLECTOR 24,696
TENTH ST PRINCEVALLE ST 150' E/O
ROSANNA ST
ARTERIAL 111,555
TENTH ST 150 E/O ROSANNA MONTEREY RD ARTERIAL 63,851
THOMAS RD 675' N/O OAK LUCHESSA AVE ARTERIAL 6,765
VENTURE WY CAMINO ARROYO CAMERON BLVD COLLECTOR 54,032
WREN AVE 125' S/O
125' S/O
ARTERIAL 56,975
WREN AVE MANTELLI DR RONAN AVE ARTERIAL 29,097
WREN AVE RONAN AVE TATUM AVE ARTERIAL 38,786
WREN AVE FARREL DR CITY LIMITS ARTERIAL 32,585
CYPRESS CT WEST WOOD DR CUL DE SAC RESIDENTIAL 54,400
DELTA CT END DELTA DR RESIDENTIAL 8,245
EL CAMINITO LERMA LN LONG MEADOW
DR
RESIDENTIAL 36,750
EL CERRITO WY PARISH WY WREN AVE RESIDENTIAL 23,162
EL CERRITO WY WREN AVE WAYLAND LN RESIDENTIAL 41,699
EL TORO WY HANNA ST LA COCHE WY RESIDENTIAL 10,582
FAIRVIEW DR PRINCEVALLE ST HANNA ST RESIDENTIAL 39,294
GARY ST LAWRENCE DR WREN AVE RESIDENTIAL 37,888
GLENWOOD DR EL CERRITO WY WELBURN AVE RESIDENTIAL 23,199
HACIENDA DR ORTEGA CIR END RESIDENTIAL 44,246
LEXINGTON PL END PRINCEVALLE
ST
RESIDENTIAL 23,822
LUPINE CT END LIONS CREEK
DR
RESIDENTIAL 13,611
MILLER AVE SANTA TERESA UVAS PARK DR RESIDENTIAL 163,692
NINTH ST CHURCH ST MONTEREY RD RESIDENTIAL 24,624
ORCHARD DR CUMBERLAND DR SIXTH ST RESIDENTIAL 14,040
SANTA BARBARA DR HERSMAN DR 130' S/O SAN
MIGUEL DR
RESIDENTIAL 17,427
STONEY CT END SIXTH ST RESIDENTIAL 16,348
9.B.a
Packet Pg. 231 Attachment: Attachment 1 - FY21-22 SB1 Project List (3283 : LSR SB 1 Funding for 2021-2022)
1
RESOLUTION NO. 2021-XX
RESOLUTION NO. 2021-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2021-22 FUNDED BY
SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017
(Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in
April 2017 in order to address the significant multi-modal transportation funding shortfalls
statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure
the residents of our City are aware of the projects proposed for funding in our community and
which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive
fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by
SB 1 which must include a description and the location of each proposed project, a proposed
schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Gilroy received $327,760 in RMRA funding in Fiscal Year
2017-18, $1,019,879 in Fiscal Year 2018-19, $968,666 in Fiscal Year 2019-20, and will receive
an estimated amount of $998,090 in Fiscal Year 2020-2021, and estimated amount of
$1,093,095 in Fiscal Year 2021-2022 from SB 1; 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; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate over 1.4
million square feet of pavement, and implement the complete streets ordinance on streets in the
project and into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment
found that the City’s streets and roads are, on average, in good condition, but 15 percent of the
streets are in poor or very poor condition. This revenue will help increase the overall quality of
our road system and over the next decade will keep our streets and roads in a good condition;
and
9.B.b
Packet Pg. 232 Attachment: SB 1 Fy 22 Resolution 5-17-2021rev1 (3283 : LSR SB 1 Funding for 2021-2022)
2
RESOLUTION NO. 2021-XX
WHEREAS, without revenue from SB 1, the City’s average Pavement Condition Index,
a measure of the pavement condition, would have otherwise continued to decrease at an
increasing rate; and
WHEREAS, if the Legislature and Governor failed to act, city streets and county roads
would have continued to deteriorate, having many and varied negative impacts on our
community; and
WHEREAS, cities and counties own and operate more than 81 percent of streets and
roads in California, and from the moment we open our front door to drive to work, bike to
school, or walk to the bus station, people are dependent upon a safe, reliable local transportation
network; and
WHEREAS, modernizing the local street and road system provides well-
paying construction jobs and boosts local economies; and
WHEREAS, the local street and road system is also critical for farm to market
needs, interconnectivity, multimodal needs, and commerce; and
WHEREAS, police, fire, and emergency medical services all need safe reliable roads to
react quickly to emergency calls and a few minutes of delay can be a matter of life and death;
and
WHEREAS, maintaining and preserving the local street and road system in good
condition will reduce drive times and traffic congestion, improve bicycle safety, and make the
pedestrian experience safer and more appealing, which leads to reduced vehicle emissions
helping the State achieve its air quality and greenhouse gas emissions reductions goals; and
WHEREAS, restoring roads before they fail also reduces construction time which
results in less air pollution from heavy equipment and less water pollution from site run-off;
and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads
infrastructure with a focus on basic maintenance and safety, investing in complete streets
infrastructure, and using cutting-edge technology, materials and practices, will have significant
positive co-benefits statewide.
NOW, THEREFORE IT IS HEREBY RESOLVED by the City Council of the City
of Gilroy as follows:
1. The foregoing recitals are true and correct.
9.B.b
Packet Pg. 233 Attachment: SB 1 Fy 22 Resolution 5-17-2021rev1 (3283 : LSR SB 1 Funding for 2021-2022)
The FY21-22 Citywide Pavement Project consists of each of the following
street segments listed in Attachment 1 receiving a pavement treatment
consisting of removal and replacement of failed areas (known as “digouts”) and
a microsurfacing and/or type II Slurry. This treatment is expected to extend the
useful life of each street segment by 5-7 years. The attached list (Attachment 1)
of project segments are expected to be completed by the end of Fiscal Year
2021-2022.
PASSED AND ADOPTED this 17th day of May, 2021 by the following vote:
AYES: COUNCILMEMBERS:
NOES:
COUNCILMEMBERS: ABSENT: COUNCILMEMBERS:
APPROVED:
ATTEST: Marie Blankley, Mayor
LeeAnn McPhillips, Interim City Clerk
9.B.b
Packet Pg. 234 Attachment: SB 1 Fy 22 Resolution 5-17-2021rev1 (3283 : LSR SB 1 Funding for 2021-2022)
Street Name Begin Location End Location Classification Section Area (Sf)
ADAMS CT MURRAY AVE END RESIDENTIAL 13,575
ALDER ST STARLING DR THOMAS RD RESIDENTIAL 35,455
ALEXANDER ST SIXTH ST LEWIS ST RESIDENTIAL 45,452
ALEXANDER ST NINTH ST SIXTH ST RESIDENTIAL 91,536
APACHE CT END RODEO DR RESIDENTIAL 15,081
ARAPAHO DR DURANGO LN BENBOW DR RESIDENTIAL 38,010
ARMAND CT WREN AVE END RESIDENTIAL 6,469
ASHBURY CT END ALDER ST RESIDENTIAL 7,021
AZARA ST STONECRESS ST MANTELLI DR RESIDENTIAL 8,540
BABBS CREEK DR 100FT WEST OF
STARLING DR
END WEST RESIDENTIAL 18,700
BANES LN ALEXANDER ST END RESIDENTIAL 7,440
BANYAN CT BANYAN ST END RESIDENTIAL 19,992
BANYAN CT END TEA TREE WAY RESIDENTIAL 4,200
BANYAN ST LINARIA ST E END RESIDENTIAL 19,460
BENBOW DR SAGE HILL DR ARAPAHO DR RESIDENTIAL 20,335
BENNETT CT SEVERANCE ST END RESIDENTIAL 17,185
BLACKFOOT CT GERONIMO ST CUL DE SAC RESIDENTIAL 12,800
BLUEBELL DR BURCHELL RD COUNTRY DR RESIDENTIAL 27,280
BLUE HERON CT END PEREGRINE DR RESIDENTIAL 9,095
BOSQUE ST JARDIN WY TAOS WY RESIDENTIAL 10,506
BRAZOS ST JARDIN WY TAOS WY RESIDENTIAL 12,342
BRITTANY CT MANTELLI DR END RESIDENTIAL 14,241
BUNTING CT SUNRISE DR CUL DE SAC RESIDENTIAL 10,234
BUTTERCUP LN KERN AVE WESTWOOD DR RESIDENTIAL 13,965
CANYON CT CHEYENNE DR CUL DE SAC RESIDENTIAL 3,400
CAROB CT TEA TREE WAY END RESIDENTIAL 18,600
CHADWICK ST HOXETT ST WENTZ DR RESIDENTIAL 20,370
CHAPPELL CT END CHURCH ST RESIDENTIAL 11,523
CHERRYWOOD CT SPRIG WAY CUL DE SAC RESIDENTIAL 10,200
CHEYENNE DR SADDLER WY 100' W/O
NAVAJO CT
RESIDENTIAL 14,982
CHARLES LUX DR GREENFIELD DR CIMINO ST RESIDENTIAL 18,880
CIELO VISTA CT DANCING WIND CUL DE SAC RESIDENTIAL 4,752
CIELO VISTA LN DANCING WIND DREAM
RESIDENTIAL 35,316
CIMINO ST LUCHESSA AVE CHARLES LUX
DR
RESIDENTIAL 28,670
CLARK WY CRAWFORD DR WREN AVE RESIDENTIAL 30,870
COMANCHE ST SUNRISE DR PUBELO RESIDENTIAL 21,440
CONCORD PL NINTH ST END RESIDENTIAL 11,124
CONNELL CT LAS ANIMAS AV END RESIDENTIAL 10,673
COOPER PL JICARRILLA PL SUNRISE DR RESIDENTIAL 16,660
COUNTRY DR SUNFLOWER CIR MANTELLI DR RESIDENTIAL 20,600
COYOTE MOON LN DREAM CATCHER SUNRISE DR RESIDENTIAL 37,570
CRAWFORD DR SANTA PAULA DR END RESIDENTIAL 42,735
CREST HILL CT RANCHO HILLS END RESIDENTIAL 17,289
CREST HILL WY END RANCHO HILLS
DR
RESIDENTIAL 58,242
CUMBERLAND DR MILLER AVE ORCHARD DR RESIDENTIAL 34,558
CYPRESS CT PONDEROSA DR LAUREL DR RESIDENTIAL 18,088
DAFODIL PL MANTELLI DR ZINNIA ST RESIDENTIAL 23,240
DEL RIO CIR SANTA FE DR SANTA FE DR RESIDENTIAL 20,938
ATTACHMENT 1
9.B.b
Packet Pg. 235 Attachment: SB 1 Fy 22 Resolution 5-17-2021rev1 (3283 : LSR SB 1 Funding for 2021-2022)
Street Name Begin Location End Location Classification Section Area (Sf)
DESERT BLOOM PL O'KEEFE LANE SUNRISE DRIVE RESIDENTIAL 25,346
DOVETAIL WAY RANCHO HILLS END RESIDENTIAL 51,272
DREAM CATCHER WY CIELO VISTA WAY SUNRISE DRIVE RESIDENTIAL 25,024
EAGLE HILLS WY BLANKWING WY 300' S/O
PEREGRINE DR
RESIDENTIAL 32,760
EAGLE`S NEST LN EAGLE HILLS WY 324' N/O EAGLE
HILLS WY
RESIDENTIAL 11,016
EAGLE`S NEST LN 324' N/O EAGLE PEREGRINE DR RESIDENTIAL 37,706
EAGLE VIEW WY LONGMEADOW 241' N/O
RESIDENTIAL 31,110
EAGLE VIEW WY 241' N/O PEREGRINE DR RESIDENTIAL 16,592
EDEN ST WREN AV FLORAL ST RESIDENTIAL 46,340
ELECTA CT LAS ANIMAS AVE CUL DE SAC RESIDENTIAL 20,988
ERVIN CT MONTEREY ROAD CUL DE SAC RESIDENTIAL 8,330
FELLOM CT MURRAY AV END RESIDENTIAL 16,450
FERAGALLI CT HIRASAKI DR CUL DE SAC RESIDENTIAL 17,578
FESTA AGLIO CT HIRASAKI DR CUL DE SAC RESIDENTIAL 21,046
FESTA AGLIO DR HIRASAKI AV PADOVA DR RESIDENTIAL 31,430
FILICE DR SOUTH END NORTH END RESIDENTIAL 99,482
FLORAL ST EDEN ST MANTELLI DR RESIDENTIAL 21,665
FORUNATA PL FOREST ST GENNARO WAY RESIDENTIAL 7,680
FOXGLOVE CT END WILD IRIS DR RESIDENTIAL 11,288
FREEMAN CT LAS ANIMAS RD END RESIDENTIAL 24,311
GARFIELD CT MURRAY AV END RESIDENTIAL 16,386
GENNARO WY LEWIS ST FORTUNATA
PLACE
RESIDENTIAL 13,600
GERONIMO ST ZUNI LANE SHOSHONE
STREET
RESIDENTIAL 40,256
GOLD FINCH CT SPARROW GLEN CUL DE SAC RESIDENTIAL 7,905
GOLDEN SKY WY DREAM CATCHER SUNRISE DRIVE RESIDENTIAL 23,732
GRANT CT MURRAY AVE END RESIDENTIAL 14,037
GRANDE DR CHEYENNE DR SPRIG WAY RESIDENTIAL 10,080
GREYSTONE CT KERN AVE END RESIDENTIAL 17,916
HADLEY CT END ROGERS LN RESIDENTIAL 23,738
HAWTHORNE ST WISTERIA DR ALDER ST RESIDENTIAL 7,350
HAYFIELD ST POPPYFIELD ST GREENFIELD DR RESIDENTIAL 17,578
HOLLYHOCK CT HOLLYHOCK LN CUL DE SAC RESIDENTIAL 7,800
HOGAN WY END SADDLER DR RESIDENTIAL 24,520
HOLLYHOCK LN MANTELLI DR HOLLYHOCK CT RESIDENTIAL 39,000
HONEY CT FLORAL ST END RESIDENTIAL 7,568
HOOVER CT END ROGERS LN RESIDENTIAL 15,510
HOPI LN SUNRISE DR O'KEEFE CT RESIDENTIAL 24,045
IRONBARK ST STONECRESS ST MANTELLI DR RESIDENTIAL 9,040
JACARANDA WY SOUTH END NORTH END RESIDENTIAL 27,051
JARDIN WY BRAZOS ST BOSQUE ST RESIDENTIAL 12,480
JICARILLA PL EAGLE VIEW WAY COOPER PL RESIDENTIAL 21,760
KENNEDY CT MURRAY AV END RESIDENTIAL 17,904
KIOWA CT JICARILLA PL CUL DE SAC RESIDENTIAL 7,680
KITE DR PEREGRINE DR SUNRISE DR RESIDENTIAL 7,786
KOSHARE PL COMANCHE ST SHOSHONE ST RESIDENTIAL 24,650
LA PRIMAVERA WY WREN AVE TAOS WAY RESIDENTIAL 28,458
LAREDO WY SUNRISE DR RIO GRANDE
WY
RESIDENTIAL 14,525
9.B.b
Packet Pg. 236 Attachment: SB 1 Fy 22 Resolution 5-17-2021rev1 (3283 : LSR SB 1 Funding for 2021-2022)
Street Name Begin Location End Location Classification Section Area (Sf)
LAS ANIMAS AV MONTEREY RD ROAD
NARROWS
RESIDENTIAL 20,468
LEARNARD WY MANTELLI DR BRENTWOOD
LN
RESIDENTIAL 19,176
LILLY AVE LIMAN AVE RONAN AVE RESIDENTIAL 10,136
LINARIA ST BANYAN ST OLEA CT RESIDENTIAL 7,880
LINNET CT DOVETAIL WAY CUL DE SAC RESIDENTIAL 13,736
LISA CT END NICOLE WY RESIDENTIAL 10,681
LONGMEADOW CT RANCHO HILLS W END RESIDENTIAL 39,375
LUCHESSA AVE CIMINO ST GREENFIELD DR RESIDENTIAL 40,880
MADISON CT MURRAY AV END RESIDENTIAL 16,563
MARTIRI DR HIRASAKI AV PADOVA DR RESIDENTIAL 21,000
MARTIRI CT HIRASAKI DR CUL DE SAC RESIDENTIAL 15,130
MIMOSA CT BANYAN CT END RESIDENTIAL 11,655
MORO CT HIRASAKI DR CUL DE SAC RESIDENTIAL 18,734
MORO DR HIRASAKI AV PADOVA DR RESIDENTIAL 19,176
MURAOKA DR NAGAREDA DR YAMANE DR RESIDENTIAL 44,145
NAGAREDA DR FOREST DR MURAOKA DR RESIDENTIAL 23,670
NAVAJO CT CHEYENNE DR CUL DE SAC RESIDENTIAL 4,080
NECTAR CT END FLORAL ST RESIDENTIAL 6,506
NORTH EGRET CT CREST HILL DR END RESIDENTIAL 6,035
NICOLE CT END NICOLE WY RESIDENTIAL 9,754
NICOLE WY MESA RD CARIGNANE DR RESIDENTIAL 35,496
NINTH ST VALLEY FORGE PRINCEVALLE RESIDENTIAL 36,260
OHLONE WAY SUNRISE DR SPRIG WAY RESIDENTIAL 14,416
OKEEFE CT HOPI LN E. END CDS RESIDENTIAL 22,155
ORINDA WY MARIPOSA ST LONG MEADOW
DR
RESIDENTIAL 21,456
PADOVA DR SORRENTO DR MORO DR RESIDENTIAL 30,975
PADOVA DR SIENA CT SORRENTO DR RESIDENTIAL 32,232
PARTRIDGE DR END CALLE DEL REY RESIDENTIAL 35,405
PEREGRINE DR RANCHO HILLS EAGLE VIEW WY RESIDENTIAL 57,528
PERIWINKLE DR END MANTELLI DR RESIDENTIAL 18,141
PHEASANT DR THISTLE WY CALLE DEL REY RESIDENTIAL 51,000
POLK CT MURRAY AVE END RESIDENTIAL 14,565
PONDEROSA DR THIRD ST CYPRESS CT RESIDENTIAL 28,200
PRAIRIE OWL CT SPRIG WY N. END CDS RESIDENTIAL 9,765
PUEBLO CT ZUNI LN W. END RESIDENTIAL 15,363
RANCHO HILLS CT END MANTELLI DR RESIDENTIAL 12,701
RIO GRANDE WY LAREDO WY SEDONA WY RESIDENTIAL 18,054
ROCKROSE CT LARKSPUR LN END RESIDENTIAL 9,121
ROGERS LN SIXTH ST LEWIS ST RESIDENTIAL 38,400
RONAN AVE WREN AVE CHURCH ST RESIDENTIAL 48,510
SANTA INEZ CT SAN MIGUEL ST END RESIDENTIAL 19,049
SANTA FE DR TAOS WY CHURCH ST RESIDENTIAL 15,283
SEDONA WY SUNRISE DR RIO GRANDE
WY
RESIDENTIAL 14,560
SHOOTING STAR CT HOLLYHOCK LANE CUL DE SAC RESIDENTIAL 8,169
SHOSHONE WY KOSHARE PUBELO COURT RESIDENTIAL 10,868
SIENA DR HIRASAKI DR SORRENTO CT RESIDENTIAL 23,086
SIENA CT HIRASAKI DR CUL DE SAC RESIDENTIAL 22,134
SIXTH ST 308 E/O ROGERS LN RESIDENTIAL 12,280
SAN JUSTO ROAD MILLER RD END RESIDENTIAL 33,600
9.B.b
Packet Pg. 237 Attachment: SB 1 Fy 22 Resolution 5-17-2021rev1 (3283 : LSR SB 1 Funding for 2021-2022)
Street Name Begin Location End Location Classification Section Area (Sf)
SOLANA DR VALBUSA DR LONGMEADOW
DR
RESIDENTIAL 30,240
SOLEDAD ST 248' S/O LERMA LERMA LN RESIDENTIAL 8,680
SORRENTO DR HIRASAKI DR PADOVA DR RESIDENTIAL 26,316
SPARROW GLEN WAY DOVETAIL WAY SUNRISE DR RESIDENTIAL 22,168
SPRIG WY SADDLER WY RODEO DR RESIDENTIAL 29,308
ST FRANCIS CT SAN MIGUEL ST END RESIDENTIAL 19,308
STONECRESS ST COUNTRY DR BANYAN ST RESIDENTIAL 44,919
SUNFLOWER CIR WEST END STRAWBERRY
LN
RESIDENTIAL 8,580
SUNFLOWER CIR STRAWBERRY LN COUNRTY DR RESIDENTIAL 30,460
TAOS WAY RONAN AVE LA PRIMAVERA
WAY
RESIDENTIAL 22,417
TAOS WAY TAOS WAY END RESIDENTIAL 4,147
TEA TREE CT CREST HILL WAY END RESIDENTIAL 13,234
TEA TREE WY TEA TREE COURT END RESIDENTIAL 32,802
THIRD ST COBBLESTONE
470FT W/O
RESIDENTIAL 57,750
THIRD ST ISABELLA WY COBBLESTONE
CT/THIRD ST
RAB
RESIDENTIAL 12,000
COBBLESTONE THIRD ST THIRD ST RESIDENTIAL 4,160
VALLEY FORGE DR TENTH ST NINTH ST RESIDENTIAL 21,941
VALLEY OAKS DR CREST HILL DR RANCHO HILLS
DR
RESIDENTIAL 56,644
VICKERY AVE NIGHTINGALE DR WREN AVE RESIDENTIAL 22,750
WEAVER CT END WOODWORTH
WY
RESIDENTIAL 9,052
WILDROSE CT SUNFLOWER CIR CUL DE SAC RESIDENTIAL 7,461
WILD IRIS DR SOUTH SIDE OF LAVENDER WAY RESIDENTIAL 17,600
WILLY CT MURRAY AV CUL DE SAC RESIDENTIAL 15,682
WISTERIA DR HAWTHORNE ST THOMAS RD RESIDENTIAL 18,394
YUCCA CT CHEYENNE DR CUL DE SAC RESIDENTIAL 4,000
ZINNIA ST VIOLET WY MANTELLI DR RESIDENTIAL 10,656
ZINNIA ST MANTELLI DR DAFFODIL PL RESIDENTIAL 27,710
ZUNI LN SUNRISE DR PUEBLO CT RESIDENTIAL 23,902
CAMINO ARROYO GILMAN RD ARROYO CIR COLLECTOR 27,342
CARMEL ST FIRST ST EL CERRITO WY COLLECTOR 46,332
CHURCH ST SEVENTH ST FOURTH ST COLLECTOR 88,944
CHURCH ST FOURTH ST FIRST ST COLLECTOR 87,696
CHURCH ST LAS ANIMAS AV 100' N/O
HENNESSEY WY
COLLECTOR 21,658
FOURTH ST SANTA THERESA MILLER DR COLLECTOR 26,000
FOURTH ST MILLER DR PRINCEVALLE
ST
COLLECTOR 38,560
KERN AVE MANTELLI DR 429' N/O
MANTELLI DR
COLLECTOR 19,305
KERN AVE 429' N. OF N CITY LIM COLLECTOR 42,490
RANCHO HILLS DR CARRIAGE DR VALLEY OAKS
DR
COLLECTOR 40,005
RENZ LN 1085' W. OF
CAMINO COLLECTOR 60,760
THIRD ST PRINCEVALLE ST CHURCH ST COLLECTOR 73,800
THIRD ST CHURCH ST MONTEREY RD COLLECTOR 25,360
9.B.b
Packet Pg. 238 Attachment: SB 1 Fy 22 Resolution 5-17-2021rev1 (3283 : LSR SB 1 Funding for 2021-2022)
Street Name Begin Location End Location Classification Section Area (Sf)
WAYLAND LN EL CERRITO WY CUL DE SAC COLLECTOR 66,341
CAMERON BLVD HWY 152 VENTURE WY ARTERIAL 202,000
CHURCH ST 98' S/O RONAN LIMAN AVE COLLECTOR 26,824
GREENFIELD DR LUCHESA AV N END GATE COLLECTOR 23,126
LUCHESSA AVE THOMAS DR GREENFIELD DR ARTERIAL 136,391
NONAME UNO AVE LAS ANIMAS RD ADDRESS' 9850
NO. UNO
ARTERIAL 112,200
SIXTH ST EIGLEBERRY RD RR TRACKS COLLECTOR 24,696
TENTH ST PRINCEVALLE ST 150' E/O
ROSANNA ST
ARTERIAL 111,555
TENTH ST 150 E/O ROSANNA MONTEREY RD ARTERIAL 63,851
THOMAS RD 675' N/O OAK LUCHESSA AVE ARTERIAL 6,765
VENTURE WY CAMINO ARROYO CAMERON BLVD COLLECTOR 54,032
WREN AVE 125' S/O
125' S/O
ARTERIAL 56,975
WREN AVE MANTELLI DR RONAN AVE ARTERIAL 29,097
WREN AVE RONAN AVE TATUM AVE ARTERIAL 38,786
WREN AVE FARREL DR CITY LIMITS ARTERIAL 32,585
CYPRESS CT WEST WOOD DR CUL DE SAC RESIDENTIAL 54,400
DELTA CT END DELTA DR RESIDENTIAL 8,245
EL CAMINITO LERMA LN LONG MEADOW
DR
RESIDENTIAL 36,750
EL CERRITO WY PARISH WY WREN AVE RESIDENTIAL 23,162
EL CERRITO WY WREN AVE WAYLAND LN RESIDENTIAL 41,699
EL TORO WY HANNA ST LA COCHE WY RESIDENTIAL 10,582
FAIRVIEW DR PRINCEVALLE ST HANNA ST RESIDENTIAL 39,294
GARY ST LAWRENCE DR WREN AVE RESIDENTIAL 37,888
GLENWOOD DR EL CERRITO WY WELBURN AVE RESIDENTIAL 23,199
HACIENDA DR ORTEGA CIR END RESIDENTIAL 44,246
LEXINGTON PL END PRINCEVALLE
ST
RESIDENTIAL 23,822
LUPINE CT END LIONS CREEK
DR
RESIDENTIAL 13,611
MILLER AVE SANTA TERESA UVAS PARK DR RESIDENTIAL 163,692
NINTH ST CHURCH ST MONTEREY RD RESIDENTIAL 24,624
ORCHARD DR CUMBERLAND DR SIXTH ST RESIDENTIAL 14,040
SANTA BARBARA DR HERSMAN DR 130' S/O SAN
MIGUEL DR
RESIDENTIAL 17,427
STONEY CT END SIXTH ST RESIDENTIAL 16,348
9.B.b
Packet Pg. 239 Attachment: SB 1 Fy 22 Resolution 5-17-2021rev1 (3283 : LSR SB 1 Funding for 2021-2022)
City of Gilroy
STAFF REPORT
Agenda Item Title: City Facilities Flag Flying Policy
Meeting Date: May 17, 2021
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Jimmy Forbis
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Adopt a City Facility Flag Flying Policy
POLICY DISCUSSION
Should Council establish guidelines for the City to approve the display of flags
other than those of the City of Gilroy, State of California, or the United States of
America?
BACKGROUND
The City of Gilroy displays the flags of the State of California and of the United
States of America on poles located at City facilities throughout Gilroy. City flag
poles are not a public forum, but from time to time the City Council can authorize
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the display of ceremonial flags consistent with the City's ongoing and strategic
priorities.
ANALYSIS
The attached proposed policy is similar to those adopted by other cities in the area.
ALTERNATIVES
Council could decide to approve, modify, or reject the proposed policy.
FISCAL IMPACT/FUNDING SOURCE
None.
Attachments:
1. Flag Flying Policy
2. Resolution Approving Flag Policy
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CITY OF GILROY POLICY FOR FLYING FLAGS AT CITY FACILITES
It is the policy of the City of Gilroy that the City's flag poles are not intended to serve as a
forum for free expression by the public, but rather for the display of the Flags of the
United States and the State of California. The flag poles located at all City facilities may
also be used to display the flags of the City of Gilroy, Sister Cities, and any
Commemorative Flags as may be authorized by the City Council as an expression of the
City's official sentiments.
A Commemorative Flag under this policy means a flag that identifies with a specific date,
historical event, cause, nation or group of people, whereby the City honors or
commemorates the date, event, cause, nation or people by flying the flag.
Commemorative Flags shall be displayed at City facilities only upon City Council
direction, consistent with the City's vision, mission, and ongoing and strategic priorities.
PROCEDURE
In addition to the flags of the State of California and the United States of America, the City
Council may, by resolution, direct City staff to display any Commemorative Flag on the flag
poles at City facilities as an expression of the City's official sentiments, for those dates and
times and on those terms and conditions as set forth in the resolution.
Commemorative Flags shall be displayed for a period of time that is reasonable or
customary for the subject that is to be commemorated, but no longer than 30 continuous
days or one calendar month.
9.C.a
Packet Pg. 242 Attachment: Flag Flying Policy (3306 : Civic Center Flag Flying Policy)
This Policy shall remain in effect until modified by the City Council.
APPROVED:
�
9.C.a
Packet Pg. 243 Attachment: Flag Flying Policy (3306 : Civic Center Flag Flying Policy)
RESOLUTION NO. 2021-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A COUNCIL POLICY REGARDING THE DISPLAY OF
FLAGS AT CITY FACILITIES
WHEREAS, the City of Gilroy (“City”) displays and handles all flags in accordance
with Federal and State Law; and
WHEREAS, The City does not have local rules or guidelines regarding the display of
flags at City facilities; and
WHEREAS, The City wishes to adopt a policy to provide clear guidelines about the
display of flags at City facilities that declares that the City's flagpoles are not intended to be a
forum for free expression by the public but rather are used to express official views of the City
Council of the City; and
WHEREAS, Said City facilities and flagpoles are under the exclusive control of the City
and are not public forums for the free expression of the views of the public.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy
hereby approves and adopts the policy for the display of flags at City facilities contained in Exhibit
A attached hereto.
PASSED AND ADOPTED this 17th day of May, 2021 by the CITY COUNCIL OF THE
CITY OF GILROY by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
Marie Blankley, Mayor
9.C.b
Packet Pg. 244 Attachment: Resolution Approving Flag Policy (3306 : Civic Center Flag Flying Policy)
RESOLUTION NO. 2020-XX \
ATTEST:
LeeAnn McPhillips, Interim City Clerk
9.C.b
Packet Pg. 245 Attachment: Resolution Approving Flag Policy (3306 : Civic Center Flag Flying Policy)
City of Gilroy
STAFF REPORT
Agenda Item Title: Standing Report on Operational Impacts and Other City Efforts
Related to the COVID-19 Pandemic
Meeting Date: May 17, 2021
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Jimmy Forbis
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Receive report.
EXECUTIVE SUMMARY
The instabilities of the COVID-19 pandemic continues to play a major role in influencing
how local government responds to this current health and fiscal crisis. Timely and
accurate situational awareness is critical for elected officials to assist you in making
informed decisions on how best to allocate resources for maximum effectiveness within
the community.
This report serves as a standing Council discussion concerning the various impacts of
the pandemic. Presentations will be given on interconnected topics such as health and
safety, City finances, and business and economic recovery.
POLICY DISCUSSION
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Discussions coming from the information contained in this report may include service
levels, fiscal decisions and employee relations, among others.
FISCAL IMPACT/FUNDING SOURCE
Fiscal impacts are directly tied to and occur as the result of pandemic conditions region-
wide, and within our community.
CONCLUSION
This standing report is to inform the City Council and to keep you updated on the
changes to COVID-19 conditions within the clinical and operational spheres of local
government.
PUBLIC OUTREACH
Public education and outreach regarding COVID-19 is a regular and ongoing feature of
the City’s community engagement efforts.
9.D
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City of Gilroy
STAFF REPORT
Agenda Item Title: City Council Position on Senate Bill 612 (Portantino): A Ratepayer
Equity Bill
Meeting Date: May 17, 2021
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Daryl Jordan
Prepared By: Trevin Barber
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Approve a Letter of Support for Senate Bill 612 (Portantino): A Ratepayer Equity Bill
EXECUTIVE SUMMARY
The City of Gilroy has received a request to support SB 612 from Silicon Valley Clean
Energy, a Joint Powers Authority of which Gilroy is a founding member. SB 612 aims to
ensure all California ratepayers have fair and equal access to benefits associated with
an investor-owned utility (IOU), legacy energy resources.
BACKGROUND
The City of Gilroy is a founding member of Silicon Valley Clean Energy (SVCE), a Joint
Powers Authority and Community Choice Aggregator (CCA). Silcom Valley Clean
Energy was founded to provide a higher degree of affordable and sustainable power
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resources within its member agency’s combined jurisdictions. Residents and business
in the Silicon Valley Clean Energy jurisdiction can now choose between the Investor
Owned Utility (IOU) or Silicon Valley Clean Energy for electricity procurement. Most of
Gilroy’s business and residents are customers of Silicon Valley Clean Energy.
When a customer transitions to a Community Choice Aggregator (such as SVCE), the
customer continues to pay for resources, like energy, that were procured on their behalf
through the Power Charge Indifference Adjustment (or PCIA). In total, SVCE customers
still save money compared to the IOU’s rates even with the PCIA. However, unlike a
utility customer, CCA customers receive no benefits from these resources. This inequity
has been exacerbated in recent years as the cost of this payment has risen by
hundreds of millions of dollars, with no sign of decreasing. The impacts of COVID-19
have made the importance of righting this inequity and lowering costs for all customers
even more urgent.
Senate Bill 612 resolves the inequities by ensuring all customers have access to the
benefits of the resources they are paying for, and that the costs to all ratepayers are
minimized. The bill does this by:
• Providing IOU, CCA, and direct access customers equal right to receive, on a
voluntary basis, legacy resource products that were procured on their behalf in
proportion to their load share if they pay the full cost of those products
• Requiring the California Public Utilities Commission (CPUC) to recognize the
value of greenhouse gas (GHG) free energy and any new products in assigning
cost responsibility for above-market legacy resources, in the same way value is
recognized for renewable energy and other products
• Requiring IOUs to offer any remaining excess legacy resource products not
taken by IOU, CCA, or direct access customers to the wholesale market through
regular solicitations
ALTERNATIVES
The City Council may choose not to support SB 612.
FISCAL IMPACT/FUNDING SOURCE
None.
NEXT STEPS
If approved staff will execute and route the attached letter of support to the appropriate
parties and file with the State Position Letter Portal.
PUBLIC OUTREACH
Silicon Valley Clean Energy and the California Community Choice Association
(CalCCA) have provided summary and analysis for rate payers to learn more about the
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PCIA fee line item found in their bills and the impact of SB 612 on their websites; the
latter of which speaks directly to SB 612 and would be the most operable for further
research by the public: https://cal-cca.org/sb-612/.
Attachments:
1. SB 612 (Portantino) – Letter of Support
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City of Gilroy
7351 Rosanna Street
Gilroy, California
95020-6197
Telephone (408) 846-0202
Facsimile (408) 846-0500
http://www.cityofgilroy.org
Jimmy Forbis
CITY ADMINISTRATOR
May 17, 2021
The Honorable Anthony Portantino
Senator
State Capitol, Room 5050
Sacramento, CA 95814
RE: SB 612 (Portantino) – SUPPORT
Dear Senator Portantino,
The City of Gilroy is pleased to submit a letter of support for your bill, SB 612,
which would ensure that resources held in the Investor Owned Utility (IOU)
portfolios are managed to maximize value for all customers, and would ensure fair
and equal access to the benefits of these legacy resources.
Over the last ten years, millions of utility customers have transitioned from IOUs
to Community Choice Aggregators (CCAs). The majority of Santa Clara County is
served by two CCAs, Silicon Valley Clean Energy and San Jose Clean Energy.
The City of Gilroy is a proud member of Silicon Valley Clean Energy.
When a customer transitions to a CCA, the customer continues to pay for
resources, like energy, that were procured on their behalf through the Power
Charge Indifference Adjustment (or PCIA). However, unlike a utility customer,
CCA customers receive no benefits from these resources. This inequity has been
exacerbated in recent years as the cost of this payment has risen by hundreds of
millions of dollars, with no sign of decreasing. The impacts of COVID-19 have
made the importance of righting this inequity and lowering costs for all customers
even more urgent.
This bill would ensure fair and equal access to the benefits of the resources that all
customers pay for and would ensure that these legacy contracts are managed in a
way that maximizes benefits for everyone. The bill would also require the
California Public Utilities Commission (CPUC) to recognize the value of clean
energy in legacy contracts. However, time is of the essence. The longer the
legislature takes to act, the less valuable these legacy contracts will be, and the less
value customers will gain from access to them.
That is why we strongly support this bill, and thank you for authoring it. The City
of Gilroy appreciates your individual attention and work effort in bringing about
10.A.a
Packet Pg. 251 Attachment: SB 612 (Portantino) – Letter of Support (3315 : SB-612 Ratepayer Equity)
2
change in this area of policy. The City of Gilroy looks forward to working with
you and your staff to better support local CCA’s. If you have any questions
regarding the City Council’s stance on this matter please contact Trevin Barber,
staff liaison to Silicon Valley Clean Energy on energy related policy for the City of
Gilroy, at 408-706-4915 or by e-mail at trevin.barber@cityofgilroy.org.
Sincerely,
Jimmy Forbis
City Administrator, City of Gilroy
cc: Senator Bill Monning, California State Senate District 17
Assemblyman Robert Rivas, California State Assembly District 30
Gilroy City Council Members:
Mayor Marie Blankley
Council Member Fred Tovar, Mayor Pro Tempore
Council Member Carol Marques
Council Member Dion Bracco
Council Member Peter Leroe-Muñoz
Council Member Rebeca Armendariz
Council Member Zach Hilton
Gilroy Chamber of Commerce President/CEO Mark Turner
League of California Cities Regional Public Affairs Manager Seth Miller
Cities Association of Santa Clara County Executive Director Andi Jordan
Silicon Valley Clean Energy Executive Director Girish Balachandran
California Clean Choice Authority Executive Director Beth Vaughan
10.A.a
Packet Pg. 252 Attachment: SB 612 (Portantino) – Letter of Support (3315 : SB-612 Ratepayer Equity)
City of Gilroy
STAFF REPORT
Agenda Item Title: Acceptance of American Rescue Plan Act Funding and Review and
Approval of the Conceptual Plan to Restore Projects and Services
in the Upcoming Biennial Budget
Meeting Date: May 17, 2021
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Harjot Sangha
Harjot Sangha
Strategic Plan Goals
Fiscal Stability
Downtown
Revitalization
Economic
Development
Neighborhood Services
Enhanced Public
Safety
Workforce Stability Public Engagement
RECOMMENDATION
1. Ratify acceptance of the American Rescue Plan Act award; and
2. Review and approve conceptual plan to restore projects and services in the
upcoming FY 22 and 23 biennial budget.
BACKGROUND
The City of Gilroy, like many other municipalities across the nation, experienced
significant loss of revenue due to the economic impacts of the COVID-19 pandemic
induced recession. In March 2021, the American Rescue Plan Act (ARPA), an
economic relief package, was passed which provides direct stimulus payments, extends
unemployment benefits, continues eviction moratorium, increases tax credits, and helps
10.B
Packet Pg. 253
state and local governments by compensating for lost tax revenues, amongst various
other things. The City of Gilroy is projected to receive $10.9 million dollars through the
American Rescue Plan Act’s (ARPA) Coronavirus Local Fiscal Recovery Fund (Fiscal
Recovery Fund) which will help cover the loss of revenues, reimburse the City for costs
related to unemployment benefits and mitigating risk measures of COVID-19 to City
operations, and restore programs and services.
POLICY DISCUSSION
While staff is evaluating the interim US Treasury guidance, it is expected the additional
ARPA dollars to the City of Gilroy will enable the use of the existing General Fund
balance which can be programmed to bring back projects or services which were
otherwise reduced or eliminated as part of the Fiscal Recovery Plan. The City is
currently undergoing its Fiscal Year 2022 (FY22) and Fiscal Year (FY23) biennial
budget development process and staff is seeking City Council input on its conceptual
plan for projects and or services to be funded or restored in the upcoming biennial
budget.
ANALYSIS
Staff has developed the following conceptual plan:
Description TOTAL
Streets (FY22 & FY23) $3,200,000
Position Addbacks (FY22 & FY23) 2,200,000
Account for Loss of Revenues 4,300,000
Furlough/Concession (Previously
Authorized)
900,000
TOTAL $10,600,000
Available to program (Infrastructure,
Homelessness, Housing, etc.)
300,000
FISCAL IMPACT/FUNDING SOURCE
The ARPA funds will help offset the lost revenues and reimburse for various qualified
costs under the act and help restore projects and services which were deferred,
reduced or eliminated, and continue to support the community’s housing/unhoused
efforts. The funds will be deposited in the General Fund (100). The programmatic
expenditures will also occur in the General Fund and be included in the biennial budget.
10.B
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NEXT STEPS
Based on City Council input, staff will include the various elements of the conceptual
plan into the upcoming FY22 and FY23 biennial budget which will be brought forward
for a study session on May 24, 2021 and adoption on June 7, 2021.
Attachments:
1. ARPA Application to US Department of Treasury for Funding
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OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
Recipient name and address:
DUNS Number:
Taxpayer Identification Number:
Assistance Listing Number: 21.019
Sections 602(b) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the
American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021) authorize the Department of the
Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal
Recovery Fund and the Coronavirus Local Fiscal Recovery Fund.
Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms
attached hereto.
Recipient:
__________________________________________________
Authorized Representative:
Title:
Date signed:
U.S. Department of the Treasury:
__________________________________________________
Authorized Representative:
Title:
Date:
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The
estimated burden associated with this collection of information is 15 minutes per response. Comments
concerning the accuracy of this burden estimate and suggestions for reducing this burden should be
directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500
Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency
may not conduct or sponsor, and a person is not required to respond to, a collection of information unless
it displays a valid control number assigned by OMB.
DocuSign Envelope ID: BCE86B15-FDAC-4C06-B1CD-B1341E6C8954
SLT-1724
5/11/2021
Acting City Administrator
LeeAnn McPhillips
Submitted
946000340
087015483
City of Gilroy
7351 Rosanna Street
Gilroy, California, 95020
10.B.a
Packet Pg. 256 Attachment: ARPA Application to US Department of Treasury for Funding (3311 : American Rescue Plan (ARP) Programmatic Expenditures)
2
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS
Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be
used in compliance with section 603(c) of the Social Security Act (the Act), Treasury’s
regulations implementing that section, and guidance issued by Treasury regarding the
foregoing.
b. Recipient will determine prior to engaging in any project using this assistance that it has
the institutional, managerial, and financial capability to ensure proper planning,
management, and completion of such project.
Period of Performance. The period of performance for this award begins on the date hereof and
ends on December 31, 2026. As set forth in Treasury’s implementing regulations, Recipient
may use award funds to cover eligible costs incurred during the period that begins on March
3, 2021, and ends on December 31, 2024.
Reporting. Recipient agrees to comply with any reporting obligations established by Treasury
as they relate to this award.
Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence compliance
with section 603(c) of the Act, Treasury’s regulations implementing that section, and
guidance issued by Treasury regarding the foregoing.
b. The Treasury Office of Inspector General and the Government Accountability Office, or
their authorized representatives, shall have the right of access to records (electronic and
otherwise) of Recipient in order to conduct audits or other investigations.
c. Records shall be maintained by Recipient for a period of five (5) years after all funds have
been expended or returned to Treasury, whichever is later.
Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with
funding from this award.
Administrative Costs. Recipient may use funds provided under this award to cover both direct
and indirect costs.
Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.
Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of
interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy
is applicable to each activity funded under this award. Recipient and subrecipients must
disclose in writing to Treasury or the pass-through entity, as appropriate, any potential
conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.
DocuSign Envelope ID: BCE86B15-FDAC-4C06-B1CD-B1341E6C8954
10.B.a
Packet Pg. 257 Attachment: ARPA Application to US Department of Treasury for Funding (3311 : American Rescue Plan (ARP) Programmatic Expenditures)
3
Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations
adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury
regarding the foregoing. Recipient also agrees to comply with all other applicable federal
statutes, regulations, and executive orders, and Recipient shall provide for such compliance
by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may
determine are inapplicable to this Award and subject to such exceptions as may be
otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform
Guidance, implementing the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is
hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is
hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
condition in all lower tier covered transactions (contracts and subcontracts described
in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and
Treasury’s implementing regulation at 31 C.F.R. Part 19.
v. Recipient Integrity and Performance Matters, pursuant to which the award term set
forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by
reference.
vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.
§§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award include,
without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s
implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the
basis of race, color, or national origin under programs or activities receiving federal
financial assistance;
DocuSign Envelope ID: BCE86B15-FDAC-4C06-B1CD-B1341E6C8954
10.B.a
Packet Pg. 258 Attachment: ARPA Application to US Department of Treasury for Funding (3311 : American Rescue Plan (ARP) Programmatic Expenditures)
4
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601
et seq.), which prohibits discrimination in housing on the basis of race, color,
religion, national origin, sex, familial status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of disability under any program or activity
receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal
financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§
12101 et seq.), which prohibits discrimination on the basis of disability under
programs, activities, and services provided or made available by state and local
governments or instrumentalities or agencies thereto.
Remedial Actions. In the event of Recipient’s noncompliance with section 603 of the Act, other
applicable laws, Treasury’s implementing regulations, guidance, or any reporting or other
program requirements, Treasury may impose additional conditions on the receipt of a
subsequent tranche of future award funds, if any, or take other available remedies as set
forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the
use of funds, previous payments shall be subject to recoupment as provided in section 603(e)
of the Act.
Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5
U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local
government employees whose principal employment is in connection with an activity
financed in whole or in part by this federal assistance.
False Statements. Recipient understands that making false statements or claims in connection
with this award is a violation of federal law and may result in criminal, civil, or administrative
sanctions, including fines, imprisonment, civil damages and penalties, debarment from
participating in federal awards or contracts, and/or any other remedy available by law.
Publications. Any publications produced with funds from this award must display the
following language: “This project [is being] [was] supported, in whole or in part, by federal
award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department
of the Treasury.”
Debts Owed the Federal Government.
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally
determined to be authorized to retain under the terms of this award; (2) that are
determined by the Treasury Office of Inspector General to have been misused; or (3)
that are determined by Treasury to be subject to a repayment obligation pursuant to
section 603(e) of the Act and have not been repaid by Recipient shall constitute a debt
to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by
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Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s
initial written demand for payment, unless other satisfactory arrangements have been
made or if the Recipient knowingly or improperly retains funds that are a debt as
defined in paragraph 14(a). Treasury will take any actions available to it to collect such
a debt.
Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient
or third persons for the actions of Recipient or third persons resulting in death, bodily
injury, property damages, or any other losses resulting in any way from the
performance of this award or any other losses resulting in any way from the
performance of this award or any contract, or subcontract under this award.
b. The acceptance of this award by Recipient does not in any way establish an agency
relationship between the United States and Recipient.
Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise
discriminate against an employee in reprisal for disclosing to any of the list of persons or
entities provided below, information that the employee reasonably believes is evidence of
gross mismanagement of a federal contract or grant, a gross waste of federal funds, an
abuse of authority relating to a federal contract or grant, a substantial and specific danger
to public health or safety, or a violation of law, rule, or regulation related to a federal
contract (including the competition for or negotiation of a contract) or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement
agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under
this section, in the predominant native language of the workforce.
Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR
19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the-
job seat belt policies and programs for their employees when operating company-owned,
rented or personally owned vehicles.
Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225
(Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to
adopt and enforce policies that ban text messaging while driving, and Recipient should
establish workplace safety policies to decrease accidents caused by distracted drivers.
DocuSign Envelope ID: BCE86B15-FDAC-4C06-B1CD-B1341E6C8954
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Packet Pg. 260 Attachment: ARPA Application to US Department of Treasury for Funding (3311 : American Rescue Plan (ARP) Programmatic Expenditures)
OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
1
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the Treasury, the
recipient named below (hereinafter referred to as the “Recipient”) provides the assurances stated herein. The
federal financial assistance may include federal grants, loans and contracts to provide assistance to the
Recipient’s beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a
loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal
financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses,
procurement contracts by the Federal government at market value, or programs that provide direct benefits.
The assurances apply to all federal financial assistance from or funds made available through the
Department of the Treasury, including any assistance that the Recipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
the operations of the Recipient’s program(s) and activity(ies), so long as any portion of the Recipient’s
program(s) or activity(ies) is federally assisted in the manner prescribed above.
1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as
amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
discrimination under programs and activities receiving federal financial assistance, of any person in the
United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by
the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders
such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.
2. Recipient acknowledges that Executive Order 13166, “Improving Access to Services for Persons with
Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for
individuals who, because of national origin, have Limited English proficiency (LEP). Recipient
understands that denying a person access to its programs, services, and activities because of LEP is a form
of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the
Department of the Treasury’s implementing regulations. Accordingly, Recipient shall initiate reasonable
steps, or comply with the Department of the Treasury’s directives, to ensure that LEP persons have
meaningful access to its programs, services, and activities. Recipient understands and agrees that
meaningful access may entail providing language assistance services, including oral interpretation and
written translation where necessary, to ensure effective communication in the Recipient’s programs,
services, and activities.
3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops
applicable budgets and conducts programs, services, and activities. As a resource, the Department of the
Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps
to provide meaningful access for LEP persons, please visit http://www.lep.gov.
DocuSign Envelope ID: BCE86B15-FDAC-4C06-B1CD-B1341E6C8954
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Packet Pg. 261 Attachment: ARPA Application to US Department of Treasury for Funding (3311 : American Rescue Plan (ARP) Programmatic Expenditures)
OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
2
4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued
receipt of federal financial assistance and is binding upon Recipient and Recipient’s successors, transferees,
and assignees for the period in which such assistance is provided.
5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors,
successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the
following language in every contract or agreement subject to Title VI and its regulations between the
Recipient and the Recipient’s sub-grantees, contractors, subcontractors, successors, transferees, and
assignees:
The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title
VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from
excluding from a program or activity, denying benefits of, or otherwise discriminating against a person
on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the
Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by
reference and made a part of this contract (or agreement). Title VI also includes protection to persons
with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31
CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.
6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid
of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or
in the case of a subsequent transfer, the transferee, for the period during which the real property or structure
is used for a purpose for which the federal financial assistance is extended or for another purpose involving
the provision of similar services or benefits. If any personal property is provided, this assurance obligates
the Recipient for the period during which it retains ownership or possession of the property.
7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the
Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation,
litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient
shall comply with information requests, on-site compliance reviews and reporting requirements.
8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of
discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by
Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all
such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient
also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.
9. Recipient must provide documentation of an administrative agency’s or court’s findings of non-compliance
of Title VI and efforts to address the non-compliance, including any voluntary compliance or other
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OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
3
agreements between the Recipient and the administrative agency that made the finding. If the Recipient
settles a case or matter alleging such discrimination, the Recipient must provide documentation of the
settlement. If Recipient has not been the subject of any court or administrative agency finding of
discrimination, please so state.
10. If the Recipient makes sub-awards to other agencies or other entities, the Recipient is responsible for
ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this
document State agencies that make sub-awards must have in place standard grant assurances and review
procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub-
recipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances
document and nothing in this document alters or limits the federal enforcement measures that the United States
may take in order to address violations of this document or applicable federal law.
Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the
Recipient’s obligations as herein described, that any information submitted in conjunction with this assurances
document is accurate and complete, and that the Recipient is in compliance with the aforementioned
nondiscrimination requirements.
_________________________________
Recipient Date
_________________________________
Signature of Authorized Official
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The estimated burden associat ed with
this collection of information is 30 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions
for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1 500
Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor,
and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB.
DocuSign Envelope ID: BCE86B15-FDAC-4C06-B1CD-B1341E6C8954
5/11/2021City of Gilroy
10.B.a
Packet Pg. 263 Attachment: ARPA Application to US Department of Treasury for Funding (3311 : American Rescue Plan (ARP) Programmatic Expenditures)
City of Gilroy
STAFF REPORT
Agenda Item Title: Appointment to a Vacant Seat on the Parks and Recreation
Commission with a Term Ending December 31, 2022
Meeting Date: May 17, 2021
From: Jimmy Forbis, City Administrator
Department: City Clerk
Submitted By: LeeAnn McPhillips
Prepared By: Jimmy Forbis
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability Public Engagement
RECOMMENDATION
Appoint a member to the vacant seat on the Parks and Recreation Commission with a
term ending December 31, 2022.
BACKGROUND
A seat on the Parks and Recreation Commission with a term ending December
31, 2022 has come open due to the relocation of a seated member. The City held
a three-week recruitment period to fill this vacancy and received four applications
(copies attached). Applicants are:
Name Current or Prior City of Gilroy Advisory Body
10.C
Packet Pg. 264
Tony Cisneros None
Glenn Gumin None
Nicole Martinez None
Efren Pineda None
Completed online application forms for each of the applicants noted above are attached
to this report.
RECOMMENDATION
Staff recommends the Council evaluate these candidates and appoint a candidate to fill
the current vacancy on the Parks and Recreation Commission with a term ending
December 31, 2022.
Attachments:
1. Tony Cisneros Application for PRC May 2021
2. Glen Gumin Application for PRC May 2021
3. Nicole Martinez Application for PRC May 2021
4. Efren Pineda Application for PRC May 2021
10.C
Packet Pg. 265
10.C.a
Packet Pg. 266 Attachment: Tony Cisneros Application for PRC May 2021 (3279 : Appointment to Parks & Recreation Commission Vacancy)
5/11/2021 https://www.cityofgilroy.org/Admin/FormCenter/Submissions/Print/1876
https://www.cityofgilroy.org/Admin/FormCenter/Submissions/Print/1876 2/2
List your qualifications for this appointment:
List any service to the community including any prior appointments.
What are you goals while serving on this Board/Commission/Committee?
Why are you the most qualified to serve on this Board/Commission/Committee?
Bachelor of Science Business Administration with Minor in Information Technology, Westcoast University Los Angeles
Retired Business Development Manager Hewlett Packard
-Computer Engineer, Marketing and Sales for USA and Latin America
US Air Force Veteran, Member of VFW and American Legion
Architectural Committee for the Heartlands Gardens HOA
I have served in the Santa Clara County Registrar of Voters in Gilro.y
To continue maintaining our park system
Add additional trails to the existing system
Offer and expand the basketball, baseball, and soccer teams and other activities to all interested children and teenagers from
2-18.
I am a grandfather with 4 children and 13 grandchildren living in Gilroy and attending Gilroy schools and using the recreation
and park system. I attend their basketball and soccer games and see why our recreation and park system is a very important
part for all of us. I and my family use the trails for exercising and enjoy the walking.
My children and grandchildren are also are teachers in Gilroy and my youngest grandchild is 8 months old and I have an
interest in maintaining and offering recreation and park activities for all from the youngest to the oldest (seniors) in our city.
I once asked my son, who is a coach for basketball teams for ages though to 5th grade, why there are no teams after that and
he said because they assume that in Middle and High schools they have those activities. This is the age group that needs
those activities the most to keep them busy.
10.C.a
Packet Pg. 267 Attachment: Tony Cisneros Application for PRC May 2021 (3279 : Appointment to Parks & Recreation Commission Vacancy)
10.C.b
Packet Pg. 268 Attachment: Glen Gumin Application for PRC May 2021 (3279 : Appointment to Parks & Recreation Commission Vacancy)
5/11/2021 https://www.cityofgilroy.org/Admin/FormCenter/Submissions/Print/1885
https://www.cityofgilroy.org/Admin/FormCenter/Submissions/Print/1885 2/3
List your qualifications for this appointment:
List any service to the community including any prior appointments.
As a longtime resident of the city of Gilroy, my desire is to continue to utilize my vast university and corporate experience and
contribute to our community. I have twenty plus years’ experience in various Quality and Service operations within the Higher
Education and Financial Services industries in which I have built a solid background in Student/Customer Support, Personnel
Management, Project Management, Quality, Regulatory, Compliance, and Back Office Operations. In this capacity, I have
developed an expertise in Worldwide Customer Service Procedure and Policy Coordination, Quality Assurance, Process
Development and Improvement, Project Planning and Implementation, Leadership, and Motivation.
Most recently, I am the Assistant Director of the Financial Aid and Scholarship Office at the University of California, Santa Cruz
responsible for Customer Service and Special Programs. Our office administers over $260 million in financial aid. Our campus
enrollment is around 18,000 students with over 70% of these students receiving some form of financial aid. I am responsible
for coordinating the financial aid office’s day-to-day service operations (front counter, Zoom, and phones) for the campus
community. I also oversee our Special Programs which includes University of California Education Abroad Program (UCEAP).
UCSC is one of the top participants in education abroad out of all the UC campuses with over 600 participants. Special
Programs include scholarships as I oversee the processing of our scholarship programs (departmental, campus, and outside
agency). With all my program responsibilities, it is important that I keep abreast of all the various state and federal regulations
so that our staff adheres to quality assurance and is compliant with all regulations. This involves a regular review of all
processes, providing feedback to the team, and training, if applicable. I also coordinate our office’s outreach events. We
participate in over 100 events (on and off) every year in which I was involved with every aspect of the events including
planning, staffing, and presenting. My responsibilities require me to understand our campus resources (Admissions, Registrar,
Cashier’s Office, Student Business Services, Counseling, SLUG Support, etc.) in order to assist students with their various
inquiries and needs.
Outside of my business management qualifications, my family and I have always been involved with Gilroy through youth
programs (NJB Basketball - Family Participants and Coach; Gilroy Summer Rec Programs; Gilroy Little League), high school
outreach (CAL Soap/Cash For College - GHS Financial Aid Workshops, GHS College Nights), high school athletics (7 years
Gilroy High School Varsity Boys Basketball) and the recreational use of our local parks (Cydney Casper Park, Las Animas
Park, Gilroy Sports Park, Coyote Lake Harvey Bear Ranch County Park). This 20 year involvement provides good insight on
our community's growth, highlights, and areas of improvement.
Outside of my business management qualifications, my family and I have always been involved with Gilroy through youth
programs (NJB Basketball - Family Participants and Coach; Gilroy Summer Rec Programs; Gilroy Little League), high school
outreach (CAL Soap/Cash For College - GHS Financial Aid Workshops, GHS College Nights), high school athletics (7 years
Gilroy High School Varsity Boys Basketball), volunteer service (Gilroy Garlic Festival), and recreational use of our local parks
and facilities (Cydney Casper Park, Las Animas Park, Gilroy Sports Park, Gavilan College, Gilroy Golf Course, Sprig Lake/Mt.
Madonna, Coyote Lake Harvey Bear Ranch County Park). This 20 year involvement provides good insight on our community's
growth, highlights, and areas of improvement.
10.C.b
Packet Pg. 269 Attachment: Glen Gumin Application for PRC May 2021 (3279 : Appointment to Parks & Recreation Commission Vacancy)
5/11/2021 https://www.cityofgilroy.org/Admin/FormCenter/Submissions/Print/1885
https://www.cityofgilroy.org/Admin/FormCenter/Submissions/Print/1885 3/3
What are you goals while serving on this Board/Commission/Committee?
Why are you the most qualified to serve on this Board/Commission/Committee?
My 20 year involvement provides good insight on our community's growth, highlights, and areas of improvement. Goals that I
would like to see the community achieve:
1. Enrich the lives of the residents. Make the city a better place to live, work and play
- Create positive childhood experiences
- Build a healthier community
- Serve an aging population with social, recreational, active and healthy opportunities
- Provide efficient services to residents regardless of income, background, and ability
- Plan and organize, and whenever possible, to encourage family participation
- Provide opportunities for relaxation, learning and socialization to promote personal growth and well being
2. Preserve, protect, maintain, improve, and enhance natural resources, parkland, and recreational opportunities
- Continue to expand the level of public information and involvement in parks and recreation
3. Anticipate the needs of the changing community and structure programs and facilities accordingly
4. Enhance the city’s arts, cultural and historic assets
- Enhance health and wellness of our patrons through innovative and diversified parks, arts, recreation, leisure and cultural
opportunities
5. Utilize financial resources efficiently and equitably
- Encourage volunteerism
- Maximize financial efficiency and ensure contractual compliance
- Leverage partnerships that produce new parks and facilities that are forward-thinking and world class
The combination of my 20 years residency, listed qualifications, and service to the community provides good local insight on
our community's growth, highlights, and areas of improvement.
I have 20+ years experience which displays a broad range of abilities within the service sector that are Customer, Quality, and
Administrative focused. With my hard work and dedication and the willingness to wear different 'hats' in order to learn the
business and its processes, I feel I can be a great asset to the Parks and Recreation Commission.
As I have seen my family grow and succeed in this community, I welcome the opportunity to make similar contributions to the
growth and success of the city of Gilroy.
10.C.b
Packet Pg. 270 Attachment: Glen Gumin Application for PRC May 2021 (3279 : Appointment to Parks & Recreation Commission Vacancy)
10.C.c
Packet Pg. 271 Attachment: Nicole Martinez Application for PRC May 2021 (3279 : Appointment to Parks & Recreation Commission Vacancy)
5/11/2021 https://www.cityofgilroy.org/Admin/FormCenter/Submissions/Print/1884
https://www.cityofgilroy.org/Admin/FormCenter/Submissions/Print/1884 2/2
List your qualifications for this appointment:
List any service to the community including any prior appointments.
What are you goals while serving on this Board/Commission/Committee?
Why are you the most qualified to serve on this Board/Commission/Committee?
• Motivated, self-starter
• Passion for community work that will improve the health and well-being of Gilroy residents
• Project management skills with the ability to plan and improve processes
• Excellent written and verbal communication skills
• Ability to connect to community member, listen to needs and facilitate change
• Sensitive and empathetic with diverse communities of varying socioeconomic statuses
• South County Collaborative member, 6 years;
• South County Collaborative Board member 2 years, Board Chair 2 years
• Employment: Second Harvest of Silicon Valley, 11 years
While serving on this commission, I plan to broaden my knowledge and connection to the community in which I live. As a
regular park user, I would like to become involved in projects that enhance accessibility, sustainability and usability of parks
and trails for community members and their families. I am excited about the prospect of improving all areas of recreation in the
city including trails and walking/bike pathways.
I have also been employed with Second Harvest Food Bank of Silicon Valley for over 11 years. Part of my work with Second
Harvest is to create and foster partnerships with community agencies and leaders. I have a Masters of Public Health degree
from San Jose State University. The focus of my program and studies were community health and social justice. I will employ
the skills I gained to better the health and health equity of Gilroy residents. Outreach and health promotion are my preferred
areas of community work. As a Parks and Recreation Commissioner, I would like to put those skills to work and better the lives
and health of my community.
10.C.c
Packet Pg. 272 Attachment: Nicole Martinez Application for PRC May 2021 (3279 : Appointment to Parks & Recreation Commission Vacancy)
10.C.d
Packet Pg. 273 Attachment: Efren Pineda Application for PRC May 2021 (3279 : Appointment to Parks & Recreation Commission Vacancy)
5/11/2021 https://www.cityofgilroy.org/Admin/FormCenter/Submissions/Print/1856
https://www.cityofgilroy.org/Admin/FormCenter/Submissions/Print/1856 2/2
List your qualifications for this appointment:
List any service to the community including any prior appointments.
What are you goals while serving on this Board/Commission/Committee?
Why are you the most qualified to serve on this Board/Commission/Committee?
Education;
- Currently enrolled in Sports Management Bachelor
- AA Kinesiology
- GED
- High school Diploma
Work:
- Program Director (Audax Soccer club 2018-Present)
-Club Soccer head coach age U5-18 boys/girls (2016-Present)
-Girls Varsity Soccer Coach Gilroy High-school (2018-Present)
- Camp Coordinator Catalyst soccer (2016-2018)
-Soccer coach at Gilroy high school
- Garlic Festival Volunteer 2016,2017,2018,2019( set up and take down)
My goal is to make everyone in Gilroy realize that the City of Gilroy wants the best for its youth.By providing resources to grow
individuals and make them love Gilroy.
I am most qualifies because I've been involved in competitive sports for about 6 years and I know and have the ideas on how
to give more to Gilroy youth.
10.C.d
Packet Pg. 274 Attachment: Efren Pineda Application for PRC May 2021 (3279 : Appointment to Parks & Recreation Commission Vacancy)
City of Gilroy
STAFF REPORT
Agenda Item Title: City Council Position on AB 1091 (Berman) - Santa Clara County
Valley Transportation Authority Board of Directors
Meeting Date: May 17, 2021
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Jimmy Forbis
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Consideration of Council's position on Assembly Bill 1091 (Berman)
POLICY DISCUSSION
Council consideration of a position to either oppose or support AB 1091 (Berman).
BACKGROUND
On February 18, 2021, Assemblymember Marc Berman (District 24) introduced
legislation that would revise the make-up of the Board of the Directors of the Santa
Clara Valley Transit Authority (VTA). In it’s current form, the VTA is comprised of 18
elected officials (12 voting) representing cities within Santa Clara County.
ANALYSIS
10.D
Packet Pg. 275
If approved, beginning July 1, 2022, AB 1091 would reduce the size of the VTA Board to
nine members, increase their terms of office to four years, and provide for residents
living in the county to serve on the board, rather than local elected officials.
The measure provides that one resident will be appointed by the County Board of
Supervisors from each of the five County supervisorial districts, two residents from San
Jose by the San Jose City Council, and two residents representing two groups of
municipalities (fourteen Cities and Towns) within the County.
ALTERNATIVES
Council could take no formal position on AB 1091.
NEXT STEPS
Consistent with Council direction, the Mayor will submit a letter of support or opposition
to AB 1091 on behalf of the City.
Attachments:
1. Assembly Bill 1091 Text
10.D
Packet Pg. 276
california legislature—2021–22 regular session
ASSEMBLY BILL No. 1091
Introduced by Assembly Member Berman
(Coauthor: Assembly Member Lee)
February 18, 2021
An act to amend, repeal, and add Sections 100060 and 100060.2 of
the Public Utilities Code, relating to transportation.
legislative counsel’s digest
AB 1091, as introduced, Berman. Santa Clara Valley Transportation
Authority: board of directors.
Existing law creates the Santa Clara Valley Transportation Authority
(VTA) with various powers and duties relative to transportation projects
and services and the operation of public transit in the County of Santa
Clara. Existing law vests the government of the VTA in a 12-member
board of directors whose terms of office are two years. Under existing
law, only members of the county board of supervisors and city council
members and mayors of cities in the county are authorized to serve on
the board. Existing law provides for the appointment of the board
members by those local governments, as specified.
This bill, on and after July 1, 2022, would reduce the size of the board
to 9 members, increase their terms of office to 4 years, and provide for
residents living in the county, rather than local officials, to serve on the
board, as specified. The bill would require that expertise, experience,
or knowledge relative to transportation, infrastructure or project
management, accounting or finance, and executive management are
represented on the board.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
Revised 5-6-21—See last page.99 10.D.a
Packet Pg. 277 Attachment: Assembly Bill 1091 Text (3297 : City Council Position on AB 1091)
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 100060 of the Public Utilities Code is
line 2 amended to read:
line 3 100060. (a) The government of the VTA shall be vested in a
line 4 board of directors which shall consist of 12 members, as follows:
line 5 (1) Two representatives of the county and one alternate who
line 6 shall be members of the board of supervisors of the county,
line 7 appointed by the board of supervisors.
line 8 (2) Five representatives of the City of San Jose and one alternate
line 9 who shall be city council members or the mayor of the City of San
line 10 Jose, appointed by the city council.
line 11 (3) Five city council members or mayors selected from among
line 12 the city councils and mayors of all of the cities in the county, other
line 13 than the City of San Jose, as provided by agreements among those
line 14 cities. The agreements may provide for the appointment of
line 15 alternates, who shall be city council members or mayors, for those
line 16 city representatives.
line 17 (b) An alternate may vote in the place of a director represented
line 18 by that alternate if the director is absent.
line 19 (c) To the extent possible, the appointing powers shall appoint
line 20 individuals who have expertise, experience, or knowledge relative
line 21 to transportation issues.
line 22 (d) This section shall become inoperative on July 1, 2022, and,
line 23 as of January 1, 2023, is repealed.
line 24 SEC. 2. Section 100060 is added to the Public Utilities Code,
line 25 to read:
line 26 100060. (a) The government of VTA shall be vested in a board
line 27 of directors that consists of nine members, as follows:
line 28 (1) One resident of each county supervisorial district, nominated
line 29 by the supervisor and confirmed by the board of supervisors.
line 30 (2) Two residents of the City of San Jose, nominated by the
line 31 mayor and confirmed by the city council.
line 32 (3) Two residents of cities in the county, other than the City of
line 33 San Jose, consistent with the following:
line 34 (A) One resident of the City of Los Altos, Los Altos Hills,
line 35 Mountain View, Milpitas, Palo Alto, or Sunnyvale.
line 36 (B) One resident of the City of Campbell, Cupertino, Gilroy,
line 37 Los Gatos, Monte Serreno, Morgan Hill, Santa Clara, or Saratoga.
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— 2 — AB 1091 10.D.a
Packet Pg. 278 Attachment: Assembly Bill 1091 Text (3297 : City Council Position on AB 1091)
line 1 (b) A board member shall not simultaneously serve as an elected
line 2 official.
line 3 (c) The nominating authorities shall ensure that expertise,
line 4 experience, or knowledge relative to transportation, infrastructure
line 5 or project management, accounting or finance, and executive
line 6 management are represented on the board.
line 7 (d) This section shall become operative on July 1, 2022.
line 8 SEC. 3. Section 100060.2 of the Public Utilities Code is
line 9 amended to read:
line 10 100060.2. (a) Except as otherwise provided, the term of office
line 11 for each director shall be two years and until the appointment and
line 12 qualification of his or her their successor. A successor shall be
line 13 appointed not later than 30 days immediately upon the expiration
line 14 of a director’s term. A vacancy exists whenever a director ceases
line 15 to hold office on the city council or board of supervisors from
line 16 which he or she was they were appointed. Any vacancy shall,
line 17 within 60 days of its occurrence, be filled for the balance of the
line 18 term by the body that made the original appointment.
line 19 (b) This section shall become inoperative on July 1, 2022, and,
line 20 as of January 1, 2023, is repealed.
line 21 SEC. 4. Section 100060.2 is added to the Public Utilities Code,
line 22 to read:
line 23 100060.2. (a) Except as otherwise provided, the term of office
line 24 for each director shall be four years and until the appointment and
line 25 qualification of their successor. A successor shall be appointed
line 26 not later than 30 days immediately upon the expiration of a
line 27 director’s term. Any vacancy shall, within 60 days of its
line 28 occurrence, be filled for the balance of the term by the original
line 29 appointing authority.
line 30 (b) This section shall become operative on July 1, 2022.
line 31
line 32
REVISIONS: line 33
Heading—Line 2. line 34
line 35
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AB 1091 — 3 — 10.D.a
Packet Pg. 279 Attachment: Assembly Bill 1091 Text (3297 : City Council Position on AB 1091)
City of Gilroy
STAFF REPORT
Agenda Item Title: A Resolution of the Board of Directors of the Gilroy Public Facilities
Financing Authority Declaring Intent to Reimburse Costs Incurred In
Connection to Wastewater Capital Improvements from the
Proceeds of Bonds to be Issued by the Authority
Meeting Date: May 17, 2021
From: Jimmy Forbis, City Administrator
Department: Finance Department
Submitted By: Harjot Sangha
Prepared By: Harjot Sangha
Strategic Plan Goals
Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Adopt a Resolution of the Board of Directors of the Gilroy Public Facilities Financing
Authority declaring intent to reimburse costs incurred in connection with the wastewater
system capital improvements, including the expansion of the regional wastewater
treatment facility owned by South County Regional Wastewater Authority, from the
proceeds of the Bonds to be issued by the Authority.
BACKGROUND
The Gilroy Public Facilities Financing Authority (Authority) is a joint exercise of powers
entity duly organized and existing under and by virtue of the laws of the State of
California pursuant to a Joint Exercise of Powers Agreement, dated as of March 21,
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Packet Pg. 280
1994, by and between the City and the Community Development Agency of the City of
Gilroy. The Authority was created to finance the cost of any capital improvement,
working capital, or liability and other insurance needs, or projects wherever there are
significant public benefits, as determined by the City.
The Authority, from time to time, has issued bonds to finance projects such as Police
Facility, Sunrise Fire Station, Corporation Yard, and Sports Parks improvements.
ANALYSIS
The City is currently working with financial advisors and bond counsel in preparation of
the upcoming Wastewater Lease Revenue Bonds Issuance. The bond proceeds will be
used to finance the wastewater system capital improvements, including the expansion
of the treatment plant owned by SCRWA.
The SCRWA expansion project’s construction bid opening was held on Wednesday
April 7, and the project was awarded by the Board of SCRWA on May 5. The project is
expected to commence immediately and ahead of the City’s upcoming bond issuance.
Per Bond Counsel, the tax laws allow bond proceeds to reimburse pre-issuance date
expenses provided the Board of Directors of the Authority declare its intent to do so,
and such expenses were paid no more than 60 days before the adoption of the
resolution. As a result, staff recommend the Board adopts the declaration of intent
resolution (Attachment 1).
ALTERNATIVES
None recommended.
FISCAL IMPACT/FUNDING SOURCE
There is no fiscal impact to adopting this resolution. However, the adoption of this
resolution will enable the City to reimburse itself for the costs incurred on the
wastewater system capital improvements, including the expansion of the treatment
plant, from the proceeds of the Bonds the Authority expects to issue in the coming
months.
NEXT STEPS
At a future meeting, staff will recommend that the Authority approve the issuance of the
bonds, and execution and delivery of various related documents in connection with the
offering and sale of the bonds.
Attachments:
1. Declaration of Intent Resolution
1
Packet Pg. 281
4811-0483-5046.1
RESOLUTION NO. PFFA 2021-XX
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE GILROY PUBLIC
FACILITIES FINANCING AUTHORITY DECLARING INTENT TO REIMBURSE
PRE-ISSUANCE-DATE EXPENSES INCURRED FROM THE PROCEEDS OF
BONDS
WHEREAS, the Gilroy Public Facilities Financing Authority (the “Authority”), a
joint exercise of powers entity duly organized and existing under and by virtue of the laws of
the State of California pursuant to a Joint Exercise of Powers Agreement, dated as of March
21,1994, by and between the City of Gilroy (the “City”) and the Community Development
Agency of the City of Gilroy, expects to incur certain expenditures in connection with the
Project (as defined below) prior to the issuance of the Authority’s Wastewater Revenue
Bonds, Series 2021A (the “Bonds”), the proceeds of which, will be used to finance such
expenditures;
WHEREAS, the Section 1.150-2 of the Treasury Regulations require the Authority
to declare its reasonable official intent to reimburse prior expenditures for the Project with
the proceeds of indebtedness;
NOW, therefore, the Board of Directors of the Authority upon motion duly made and
seconded, duly adopts the following Resolution:
Section 1. Project. The Project consists of various improvements to the City’s
wastewater system, including the expansion of the regional wastewater treatment facility that
is owned and operated by the South County Regional Wastewater Authority, and is located in
the City (collectively, the “Project”).
Section 2. Reimbursement. The Board of Directors of the Authority expects that the
Authority will pay certain expenditures in connection with the Project prior to the issuance of
the Bonds. The Authority will pay the expenditures directly with its own funds, or with
funds advanced by the City, a related party to the Authority (within the meaning of Section
1.150-1 of the Treasury Regulations). The Authority reasonably expects that it will
reimburse itself or the City for the use of such funds with the proceeds of the Bonds (taxable
or tax-exempt) to be issued by the Authority to finance the costs of the Project. The
maximum amount of bonds expected to be issued for the Project is $50 million dollars. This
statement of official intent to reimburse constitutes a declaration of official intent under
Section 1.150-2 of the Treasury Regulations.
Section 3. Effective Date. This Resolution shall take effect immediately upon
adoption.
PASSED and ADOPTED on 17th day of May 2021 by the following roll call vote:
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Packet Pg. 282 Attachment: Declaration of Intent Resolution (3294 : Gilroy Public Facilities Financing Authority - resolution of intent to reimburse)
4811-0483-5046.1
AYES: BOARDMEMBERS:
NOES: BOARDMEMBERS:
ABSENT: BOARDMEMBERS:
APPROVED
___________________________
Marie Blankley, Chair
ATTEST:
______________________________
LeeAnn McPhillips, Board Secretary
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Packet Pg. 283 Attachment: Declaration of Intent Resolution (3294 : Gilroy Public Facilities Financing Authority - resolution of intent to reimburse)